117 Amendments of Norbert ERDŐS related to 2018/0217(COD)
Amendment 97 #
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of Regulation (EU, Euratom) …/…2018/1046 of the European Parliament and of the Council [New Financial Regulation]12 , in particular those governing shared management with Member States, the function of accredited bodies and the budgetary principles, should apply to the interventions and measures set out in this Regulation. _________________ 12 Regulation (EU, Euratom) No [New Financial Regulation]2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012. (OJ L 193,30.7.2018, p. 1).
Amendment 102 #
Proposal for a regulation
Recital 9
Recital 9
(9) It is necessary to provide for the accreditation of paying agencies and coordinating bodies by Member States and for the establishment of the procedures for obtaining management declarations and atriennuial performance reports, and for obtaining the certification of management and monitoring systems, of reporting systems and the certification of annual accounts by independent bodies. Moreover, in order to ensure the transparency of the system of checks to be carried out at national level, in particular as regards procedures for authorisation, validation and payment and to reduce the administrative and audit burden for the Commission and for the Member States where accreditation of each individual paying agency is required, the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each Member State.
Amendment 141 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should send the annual accounts and an a triennuial performance report on the implementation of the CAP Strategic Plan to the Commission by 15 February N+1. Where these documents are not sent, thus preventing the Commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure against reported outputs, the Commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received.
Amendment 158 #
Proposal for a regulation
Recital 42
Recital 42
(42) In order to to safeguard the financial interests of the Union's budget, systems should be put in place by Member States in order to satisfy themselves that interventions financed by the Funds are actually carried out and are executed correctly, while maintaining the current robust framework for sound financial management. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/201315 of the European Parliament and of the Council, Council Regulation (Euratom, EC) No 2988/9516 ,and Council Regulation (Euratom, EC) No 2185/9617 and Council Regulation (EU) 2017/193918 , ,the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities including fraud, the recovery of Funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. Moreover, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/137119 of the European Parliament and of the Council. In accordance with the Financial Regulation, any person or entity receiving Union Funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union Funds grant equivalent rights. Member States should have the systems in place allowing them to report to the Commission, for the purpose of enabling OLAF to exercise its powers and ensure an efficient analysis of cases of irregularity, on detected irregularities and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, including fraud and on their follow-up as well as on the follow-up of OLAF investigations. To ensure the effective examination of complaints concerning the Funds, Member States should have in place the necessary arrangements. _________________ 15 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1). 16 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1). 17 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L292,15.11.96, p. 2). 18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017, p. 1). 19 European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).Directive (EU) 2017/1371 of the
Amendment 161 #
Proposal for a regulation
Recital 43
Recital 43
(43) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 or the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure fror establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective Union funding..
Amendment 166 #
Proposal for a regulation
Recital 48
Recital 48
(48) The integrated system, as part of the governance systems which should be in place in order to implement the CAP, should ensure that the aggregate data provided in the annual performance reporting in every three years is reliable and verifiable. Given the importance of a properly functioning integrated system, it is necessary to set quality requirements. Member States should carry out an annual quality assessment in every three years of the identification system for agricultural parcels, of the geo-spatial application system and of the area monitoring system. Member States should also address any deficiencies and, if so requested by the Commission, set up an action plan.
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) "governance systems" means the governance bodies including the certification body referred to in Chapter II of Title II of this Regulation and the basic Union requirements laid down in this Regulation and Regulation (EU) …/… [CAP Strategic Plan Regulation], including the reporting system put in place for the purposes of the annual performance report referred to in Article 121 of Regulation (EU) …/… [CAP Strategic Plan Regulation];
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "basic Union requirements" means the requirements laid down in Regulation (EU) …/… [the CAP Strategic Plan Regulation] and in this Regulation including the reporting system put in place for the purposes of the performance report in every three years referred to in Article 121 of the CAP Strategic Plan Regulation.
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
For the purposes of the financing, management and monitoring of the CAP, "force majeure" and "exceptional circumstances" mayshall, in particular, be recognised in the following cases:
Amendment 198 #
Proposal for a regulation
Article 3 – paragraph 1 – point –a (new)
Article 3 – paragraph 1 – point –a (new)
(-a) the death of the beneficiary;
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 1 – point –a a (new)
Article 3 – paragraph 1 – point –a a (new)
(a a) long-term professional incapacity of beneficiary;
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) a severe natural disaster or meteorological event gravely affecting the holding;
Amendment 201 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) a severe weather event, natural disaster gravely affecting the holding;
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the accidental destruction of livestock buildings on the holding;
Amendment 209 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) market related issues;
Amendment 211 #
Proposal for a regulation
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(d b) any external, unforeseen event that could affect significantly the performance of the national CAP Strategic Plan;
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(d c) The death of the beneficiary.
Amendment 216 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Furthermore, Member States may recognize in their national CAP Strategic Plans other circumstances as ‘force majeure’ and extraordinary ‘circumstances’.
Amendment 222 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Information measures 1. The provision of information financed pursuant to point (e) of Article 7 shall aim, in particular, to help explain, implement and develop the CAP and to raise public awareness of its content and objectives to reinstate consumer confidence following crises through information campaigns, to inform farmers and other parties active in rural areas and to promote the European model of agriculture, as well as to help citizens understand it. It shall supply coherent, objective and comprehensive information, both inside and outside the Union. 2. The measures referred to in paragraph 1 may consist of: (a) annual work programmes or other specific measures presented by third parties; (b) activities implemented on the initiative of the Commission. Those measures which are required by law or those measures already receiving financing under another Union action shall be excluded. In order to implement activities as referred to in point (b) of the first subparagraph, the Commission may be assisted by external experts, mainly experts from Member States governments. The measures referred to in the first subparagraph shall also contribute to the corporate communication of the Union's political priorities in so far as those priorities are related to the general objectives of this Regulation. 3. The Commission shall publish once a year a call for proposals respecting the conditions set out in the Financial Regulation. 4. The Committee referred to in Article 101(1) shall be notified of measures envisaged and taken pursuant to this Article. 5. The Commission shall present a report on the implementation of this Article to the European Parliament and to the Council every two years.
Amendment 228 #
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(d a) all horizontal technical support activities for the 1st pillar of the CAP;
Amendment 248 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point b
Article 8 – paragraph 3 – subparagraph 1 – point b
Amendment 253 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point b
Article 8 – paragraph 3 – subparagraph 1 – point b
(b) the atriennuial performance report referred to in Article 52(1) showing that the expenditure was made in accordance with Article 35;
Amendment 259 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c – point ii
Article 8 – paragraph 3 – subparagraph 1 – point c – point ii
(ii) the proper functioning of the governance systems put in place, which give the necessary guarantees concerning the outputs reported in the annual performance reportlegality and regularity of the operations carried out in the framework of the CAP Strategic Plans, as provided for in points (b) and (c) of Article 63(6) of the Financial Regulation,
Amendment 260 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c – point ii
Article 8 – paragraph 3 – subparagraph 1 – point c – point ii
(ii) the proper functioning of the governance systems put in place, which give the necessary guarantees concerning the outputs reported in the atriennuial performance report, as provided for in points (b) and (c) of Article 63(6) of the Financial Regulation,
Amendment 268 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 a (new)
Article 8 – paragraph 3 – subparagraph 1 a (new)
The person responsible of the accredited paying agency shall also draw up and forward to the Commission the multi- annual performance monitoring report referred to in Article 121 of Regulation (EU) ... / ... [CAP Strategic Plans Regulation], reflecting the operations carried out and the progress made towards the achievement of the objectives, as set out in the CAP National Strategic Plan, by 15 February 2026, 2028 and 2030, respectively.
Amendment 279 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point b
Article 8 – paragraph 4 – subparagraph 1 – point b
(b) to furnish the multi-annual performance monitoring report referred to in Article 52(1)121 of Regulation (EU) …/… [CAP Strategic Plan Regulation];
Amendment 280 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point b
Article 8 – paragraph 4 – subparagraph 1 – point b
(b) to furnish the atriennuial performance report referred to in Article 52(1);
Amendment 286 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 3
Article 8 – paragraph 4 – subparagraph 3
The multiannual performance monitoring report provided by the coordinating body shall be covered by the scope of the opinion referred to in Article 11(1) and its transmission shall be accompanied by a management declaration covering the entirety of that report. (This amendment applies throughout the text)
Amendment 287 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 3
Article 8 – paragraph 4 – subparagraph 3
The atriennuial performance report provided by the coordinating body shall be covered by the scope of the opinion referred to in Article 11(1) and its transmission shall be accompanied by a management declaration covering the entirety of that report.
Amendment 302 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point c
Article 11 – paragraph 1 – subparagraph 2 – point c
(c) tThe performance reporting on outpureports based on the result indicators for the purposes of the annual performance clearance referred to in Article 52 and the performance reporting on result indicators for the multi- annual performance monitoring report referred to in Articles 115 and 121 of Regulation (EU) …/…... / ... [CAP Strategic Plan Regulation], demonstrating that Article 35 of this Regulation is complied with, isreflecting the operations carried out and the progress made towards the achievement of the objectives, as set out in the CAP National Strategic Plan, are correct;
Amendment 309 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 310 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 313 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 3
Article 11 – paragraph 3 – subparagraph 3
Amendment 327 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
A reserve intended to provide additional support for the agricultural sector for the purpose of market management orsound and smooth market stabilisation orand management in the case of crises affecting the agricultural production or distribution (“the agricultural reserve”) shall be established at the beginning of each year in the EAGFHeading 2 of the EU budget.
Amendment 337 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point a (new)
Article 14 – paragraph 1 – subparagraph 2 – point a (new)
(a) measures providing 50 % of the funding for compensation paid out as reinsurance for the climate insurance referred to in Article 70 of Regulation (EU) .../... [the CAP Strategic Plan Regulation] for crises where the ratio between the sum paid out to farmers in indemnities and the sum of insurance premiums received is between 170 and 230 %;
Amendment 345 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Amendment 346 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Amendment 357 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
The amount of the agricultural reserve shall be at least EUR 4500 million in current prices at the beginning of each year of the period 2021-2027. The Commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the EAGFHeading 2 of the EU budget.
Amendment 373 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3
Article 14 – paragraph 2 – subparagraph 3
Moreover, by derogation from point (d) of Article 12(2) of the Financial Regulation, the total unused amount of the crisis reserve available at the end of year 2020 shall be carried over to the year 2021 without being returned to the budgetary lines which cover the actions referred to in point (c) of Article 5(2) and made available for the financreturned to farmers in accordance with current rules in 2021. The crisis reserve for the year 2021 shall be filled in from an extra particular budget line inserted to Heading 2 of the agricultural reserveEU budget.
Amendment 385 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 a (new)
Article 15 – paragraph 1 – subparagraph 2 a (new)
The adjustment rate determined in accordance with this Article shall only apply to direct payments in excess of EUR 2 500 to be granted to farmers in the corresponding calendar year.
Amendment 388 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Where appropriations to be carried-over as referred to in the first subparagraph remain available, the Commission may, adopt implementing acts setting out per Member State the amounts of non-committed appropriations to be reimbursed to final beneficiaries unless the overall amount of non-committed appropriations available for reimbursement represents less than 0,2% of the annual ceiling for EAGF expenditure.
Amendment 394 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission may adopt implementing acts determining supplementary payments or deductions adjusting the payments made in accordance with paragraph 3, without applying the procedure referred to in Article 101.
Amendment 396 #
Proposal for a regulation
Article 20
Article 20
Administrative and personnel costs Expenditure relating to administrative and personnel costs effected by Member States and by beneficiaries of aid from the EAGF shall not be borne by the Fund.rticle 20 deleted
Amendment 398 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
In accordance with point (b) of Article 7, the Commission shall supply that satellite data free of charge to the authorities competent for the area monitoring and control system or to suppliers of services authorised by those bodies to represent them.
Amendment 401 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
The Commission may entrust specialised entities to carry out tasks relating to techniques or working methods in connection with the area monitoring and control system referred to in point (c) of Article 64(1).
Amendment 403 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) manage Union agricultural markets in a global contextadopt specific measures to appropriately align the functioning of the Union agricultural markets with view to changes in World markets;
Amendment 408 #
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) adopt specific measures contribute toing the transparency of wdevelopments in World markets;
Amendment 434 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Interim payments shall be made for each CAP Strategic Plan. They shall be calculated by applying the contribution-financing rate for each type of intervention to the public expenditure effected pertaining to it as referred to in Article 85 of Regulation (EU) …/…[CAP Strategic Plan Regulation].
Amendment 439 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. After receiving the last annual performance report on the implementation of a CAP Strategic Plan, the Commission shall pay the balance, subject to the availability of resources, on the basis of the financial plan in force at the level of the types of EAFRD interventions, the annual accounts for the last execution year for the relevant CAP Strategic Plan and of the corresponding clearance decisions. Those accounts shall be presented to the Commission no later than six months after the final eligibility date of expenditure provided for in Article 80(3) of Regulation (EU) No…/…[CAP Strategic Plan Regulation] and shall cover the expenditure effected by the paying agency up to the last eligibility date of expenditure.
Amendment 441 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. If, by the time limit set out in paragraph 1, the Commission has not received the last annual performance report and the documents needed for clearance of the accounts of the last execution year of the Plan, the balance shall be automatically decommitted in accordance with Article 32.
Amendment 453 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall automatically decommit any portion of a budget commitment for rural development interventions in a CAP Strategic Plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 30(3) has been presented to it in relation to expenditure effected by 31 December of the seconthird year following that of the budget commitment.
Amendment 460 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1 – point a
Article 32 – paragraph 4 – subparagraph 1 – point a
(a) that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the Commission at 31 December of year N + 23;
Amendment 467 #
Proposal for a regulation
Article 34 – paragraph 2 – introductory part
Article 34 – paragraph 2 – introductory part
Under EAFRD, an operation may receive different forms of support from the CAP Strategic Plan and from other European Structural and Investments Funds (ESI) Funds or Union instruments only if the total cumulated aid amount granted under the different forms of support does not exceed the highest aid intensity or aid amount applicable to that type of intervention as referred to in Title III of Regulation (EU) No…/… (CAP Strategic Plan Regulation). In such cases Member States shall not declare whole or part of expenditure to the Commission for:
Amendment 468 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
The amount of expenditure to be entered into a declaration of expenditure of different aid instruments referred to in second subparagraph may be calculated on a pro rata basis, in accordance with the document setting out the conditions for support.
Amendment 473 #
Proposal for a regulation
Article 35 – paragraph 1 – point c – point i
Article 35 – paragraph 1 – point c – point i
Amendment 477 #
Proposal for a regulation
Article 35 – paragraph 1 – point c – point ii
Article 35 – paragraph 1 – point c – point ii
Amendment 479 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 481 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Where payment deadlines are laid down by Union law, any payment made toby the beneficiarpaying agencies byto the paying agencbeneficiaries before the earliest possible date of payment and after the latest possible date of payment shall rendermake those payments ineligible for Union financing, except in the cases, conditions and limits to be determined taking into account the principle of proportionality.
Amendment 482 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 492 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
Where Member States do not submit the documents referred to in Articles 8(3) and 11(1) by the deadli30 Junes, as provided for in Article 8(3), the Commission may adopt implementing acts suspending the total amount of the monthly payments referred to in Article 19(3). The Commission shall reimburse the suspended amounts when it receives the missing documents from the Member State concerned, provided that the date of receipt is not later than six months after the deadline.
Amendment 493 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 494 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 496 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
Where, in the framework of the annual performance clearance referred to in Article 52, the Commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 50% and the Member State cannot provide duly justified reasons, the Commission shall immediately start technical discussions with the relevant authority of that Member State to find a common solution for the smooth remedy of the situation. If they cannot find a conclusion within 6 months, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30.
Amendment 500 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 3
Article 38 – paragraph 2 – subparagraph 3
Amendment 506 #
Proposal for a regulation
Article 39
Article 39
Amendment 511 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
Where the Member States fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient tototally opposite to what is needed to remedy the situation, the Commission shall immediately start technical discussions with the relevant authority of that Member State to find a common solution for the smooth remedy of the situation. If they cannot find a conclusion within 6 months, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30.
Amendment 516 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 3
Article 39 – paragraph 2 – subparagraph 3
Amendment 518 #
Proposal for a regulation
Article 40 – title
Article 40 – title
40 Suspension of payments in relation to deficiencies in the governance systempaying agencies
Amendment 520 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 526 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 1
Article 40 – paragraph 2 – subparagraph 1
Where the Member State fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficientclearly opposite to what is needed to remedy the situation, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30.
Amendment 528 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
Amendment 536 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the interventions or measures for which the Member States may pay higher advances in case of emergency.
Amendment 544 #
Proposal for a regulation
Article 44
Article 44
Amendment 553 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1
Article 45 – paragraph 1 – subparagraph 1
Amendment 560 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point b
Article 47 – paragraph 1 – subparagraph 1 – point b
Amendment 561 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point b
Article 47 – paragraph 1 – subparagraph 1 – point b
(b) whether the expenditure falling within the scope of Articles 5(2) and 6 and corresponding to the interventions referred to in Regulation (EU) …/…[CAP Strategic Plan Regulation] have a corresponding output as reported in the atriennuial performance report;
Amendment 562 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point c
Article 47 – paragraph 1 – subparagraph 1 – point c
Amendment 568 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
Amendment 570 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
Those implementing acts shall cover the completeness, accuracy and veracity of the annual accounts submitted and shall be without prejudice to the content of the implementing acts subsequently adopted pursuant to Articles 52 and 53.
Amendment 573 #
Proposal for a regulation
Article 52
Article 52
Amendment 574 #
Proposal for a regulation
Article 52 – title
Article 52 – title
52 Annual pPerformance clearance
Amendment 575 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
Where the expenditure referred to in Articles 5(2) and 6 and corresponding to the interventions referred to in Title III of Regulation (EU) …/… [CAP Strategic Plan Regulation] does not have at least 50 % of the corresponding output as reported in the annual performance report, the Commission shall immediately start technical discussions with the relevant authority of that Member State to find a common solution for the smooth remedy of the situation. If they cannot find a conclusion within 6 months, the Commission may adopt implementing acts prior to 15 October of the year following the budget year in question determining the amounts to be reduced from Union financing. Those implementing acts shall be without prejudice to the content of the implementing acts subsequently adopted pursuant to Article 53 of this Regulation.
Amendment 577 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
Amendment 578 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2). The Commission shall inform the Member State concerned of its intention, and shall give the Member State the opportunity to submit its comments within a period of at least 30 working days, before it submits the draft implementing act in accordance with Article 3(3) of Regulation (EU) No 182/20
Amendment 581 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. Before the adoption of the implementing act referred to in paragraph 1, the Commission shall give the Member State an opportunityies to submit its comments and, justify any differences and discuss technical issues at expert level with the Commission within 6 months.
Amendment 582 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
Amendment 585 #
Proposal for a regulation
Article 53
Article 53
Amendment 593 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 3
Article 53 – paragraph 1 – subparagraph 3
Amendment 611 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
When the Union's budget is credited as referred to in the first paragraph, the Member State may retain 2s 100 % of the corresponding amounts as flat rate recovery costs, except in cases of non- compliance attributable to its administrative authorities or other official bodies.
Amendment 612 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
When the Union's budget is credited as referred to in the first paragraph, the Member State may retain 20s 75 % of the corresponding amounts as flat rate recovery costs, except in cases of non- compliance attributable to its administrative authorities or other official bodies.
Amendment 638 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
Member States shall ensure a level of checks needed for an effective management of the risks. The authority responsible shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part in order to obtain a representative error rate and a risk-based part, which shall target the areas where the risk of errors is the highest.
Amendment 639 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
Member States shall ensure a level of checks needed for an effective management of the risks and may lower this level once the management and monitoring systems are functioning properly and the error rates are settled at an acceptable level.
Amendment 645 #
Proposal for a regulation
Article 58 – paragraph 4 – subparagraph 1 – point e
Article 58 – paragraph 4 – subparagraph 1 – point e
Amendment 647 #
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 649 #
Proposal for a regulation
Article 62 – paragraph 2 a (new)
Article 62 – paragraph 2 a (new)
2 a. Member States may apply collateral-free-advances for rural development investments.
Amendment 651 #
Proposal for a regulation
Article 62 – paragraph 3 – point d
Article 62 – paragraph 3 – point d
Amendment 652 #
Proposal for a regulation
Article 62 – paragraph 3 – point e
Article 62 – paragraph 3 – point e
Amendment 667 #
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 1
Article 65 – paragraph 1 – subparagraph 1
Member States shall record and keep any data and documentation on the annual outputs reported in every three years in the context of the annual performance clearance as referred to in Article 52, and the reported progress towards targets as set out in the CAP Strategic Plan and monitored in accordance with Article 115 of Regulation (EU) …/…[CAP Strategic Plan Regulation].
Amendment 673 #
Proposal for a regulation
Article 66 – paragraph 3 – subparagraph 1
Article 66 – paragraph 3 – subparagraph 1
Member States shall annually assesssess after every three years the quality of the identification system for agricultural parcels in accordance with the methodology set up at Union level.
Amendment 674 #
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. As regards the aid for the area- based interventions referred to in Article 63(2) and implemented under the national CAP Strategic Plans, Member States shall require the submission of an application by means of using the geo-spatial applicationform, provided by the competent authority to submit anin their geo-spatial application.
Amendment 676 #
Proposal for a regulation
Article 67 – paragraph 5 – subparagraph 1
Article 67 – paragraph 5 – subparagraph 1
Member States shall annually assesssess after every three years the quality of the geo-spatial application system in accordance with the methodology set up at Union level.
Amendment 679 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
Member States shall annually assesssess after every three years the quality of the area monitoring system in accordance with the methodology set up at Union level.
Amendment 680 #
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
Member States shall set up a control and penalties system for the aid as referred to in Article 63. Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid.
Amendment 685 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
Amendment 735 #
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 4
Article 84 – paragraph 1 – subparagraph 4
Member States shall conduct a yearly, every three years or at shorter intervals if necessary, review of the control system referred to in the first subparagraph, in light of the results achieved.
Amendment 750 #
Proposal for a regulation
Article 84 – paragraph 3 – point d a (new)
Article 84 – paragraph 3 – point d a (new)
(da) may establish an early warning system;
Amendment 772 #
Proposal for a regulation
Article 85 – paragraph 2 – point b
Article 85 – paragraph 2 – point b
(b) may decide, notwithstanding paragraph 1, not to apply a penalty per beneficiary and per calendar year when the amount of the penalty is EUR 1300 or less. The finding and the obligation to take remedial action shall be notified to the beneficiary;
Amendment 780 #
Proposal for a regulation
Article 85 – paragraph 2 b (new)
Article 85 – paragraph 2 b (new)
2b. No administrative penalty can be applied when non-compliance is due to: a case of force majeure or exceptional circumstances; (b) where the beneficiary concerned can demonstrate to the satisfaction of the competent authority that he or she is not at fault for the non-compliance with the obligations referred to in paragraph 1 or if the non-compliance was unintentional; (c) where the competent authority believes for other reasons that the beneficiary concerned is not at fault or that the non- compliance was unintentional; (d) where the non-compliance is of minor severity, extent or permanence.
Amendment 782 #
Proposal for a regulation
Article 85 – paragraph 3 a (new)
Article 85 – paragraph 3 a (new)
3 a. Member States may exempt beneficiaries from administrative penalties, where the amount of aid received in one year is equal to or less than EUR 1 250 and where the eligible area is less than 10 ha.
Amendment 810 #
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. In case of reoccurrence, tha reasonable percentage reduction shall be higher than the one to be applied in case of non- compliance due to negligence and sanctioned for the first timeset by the Member States.
Amendment 813 #
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. In case of reoccurrence, the percentage reduction shall be higher than the one to be applied in case of non- compliance due to negligence and sanctioned for the first tim5 % of the total amount of the payments referred to in paragraph 1 of this Article.
Amendment 823 #
Proposal for a regulation
Article 86 – paragraph 4
Article 86 – paragraph 4
4. In case of intentional non- compliance, the percentage shall be higher than the one applied in case of reoccurrence pursuant to paragraph 3at least 10 % of the total amount of the payments referred to in paragraph 1 of this Article and may go as far as total exclusion from payments and may apply for one or more calendar years.
Amendment 824 #
Proposal for a regulation
Article 86 – paragraph 4
Article 86 – paragraph 4
4. In case of intentional non- compliance, the percentage shall be higher than the one applied in case of reoccurrence pursuant to paragraph 3appropriately raised by the Member States and may go as far as total exclusion from payments and may apply for one or more calendar years.
Amendment 840 #
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
1. The prices and amounts referred to in Article 91(2) shall be converted in the Member States which have not adopted the euro into the national currency by means of an exchange rate. on the basis of the most recent exchange rate set by the European Central Bank prior to 1 October of the given year;
Amendment 855 #
Proposal for a regulation
Article 96 – paragraph 4 – subparagraph 2
Article 96 – paragraph 4 – subparagraph 2
Member States shall not publish the information referred to in points (a) and (b) of Article 44(3) of the Regulation (EU) …/…[CPR Regulation] if the amount of aid received in one year by a beneficiary is equal to or less then EUR 1 250 and where the eligible area is less than 10 ha.
Amendment 859 #
Proposal for a regulation
Article 100 – paragraph 2
Article 100 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 10, 15, 21, 36, 38, 39, 42, 45, 50, 52, 53, 58, 62, 72, 74, 79, 86, 92, 93 and 103 shall be conferred on the Commission for a period of sevenfour years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the sevenfour-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 861 #
Proposal for a regulation
Article 103
Article 103