Chapter II, Section 1, Article 12, Paragraph 5. · Commission Implementing Regulation (EU) 2020/532

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5.By way of derogation from Article 16(2) and Article 22 of Implementing Regulation (EU) No 180/2014, where due to the measures put in place to address the pandemic of COVID-19 Member States are not in a position to carry out on-the-spot checks in respect of the specific measures in favour of the outermost regions in accordance with the rules set out in those Articles, Member States may decide:

(a)to substitute on-the-spot checks by the use of new technologies, including geotagged photos, dated photographs, dated drone surveillance reports, videoconferences with the beneficiaries or any relevant documentary evidence that could serve as support when verifying the correct implementation of the measures;

(b)to carry those checks in respect of claim year 2020 at any time of the year, in so far that they still allow the checking of the eligibility conditions, including after the final payment is effected.

Member States making use of the derogations provided for in the first subparagraph, and in particular changing the timing of checks or reducing their number shall set procedures to use alternative methodology in order to maintain the appropriate level of assurance on the legality and regularity of expenditure and compliance with the requirements and standards of cross-compliance.