46 Amendments of Petras AUŠTREVIČIUS related to 2018/0217(COD)
Amendment 53 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The deadline of 15 February referred to in the first subparagraph may be exceptionally extended by the Commission to 1 Marchy, upon request by the Member State concerned, as provided for in the second subparagraph Article 63(7) of the Financial Regulation.
Amendment 56 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The annual ceiling for EAGF expenditure shall be constituted by the maximum amounts set for it under Regulation (EU, Euratom)[COM(2018) 322 final] that sets the limits for the Member States.
Amendment 61 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Until 1 DecNovember of the calendar year in respect of which the adjustment rate applies, the Commission may, on the basis of new information, adopt implementing acts adapting the adjustment rate set in accordance with paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2).
Amendment 70 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
The expenditure referred to in Article 5(2) and Article 6 may be financed by the Union only if it has been effected by accredited paying agencies and:
Amendment 71 #
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
Amendment 72 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) (a) it has been effected in accordance with the applicable Union rules, or
Amendment 73 #
Proposal for a regulation
Article 35 – paragraph 1 – point c – introductory part
Article 35 – paragraph 1 – point c – introductory part
(c) (b) as regards types of interventions referred to in Regulation (EU) …/… [CAP Strategic Plan Regulation],
Amendment 74 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Point (cb)(i) of the first paragraph shall not apply to advances paid to beneficiaries under types of interventions referred to in Regulation (EU) No…/…[CAP Strategic Plan Regulation].
Amendment 75 #
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 may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30.
Amendment 77 #
Proposal for a regulation
Article 42 – paragraph 2 – subparagraph 2 – point a
Article 42 – paragraph 2 – subparagraph 2 – point a
(a) prior to 1 December but not before 16 October, pay advances of up to 750 % for direct payments interventions;
Amendment 79 #
Proposal for a regulation
Article 42 – paragraph 5 – subparagraph 1
Article 42 – paragraph 5 – subparagraph 1
In the event of an emergency, the Commission may adopt as soon as possible implementing acts to resolve specific problems in relation to the application of this Article. Those implementing acts may derogate from paragraph 2, but only to the extent that, and for such a period, as is strictly necessary.
Amendment 80 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1
Article 45 – paragraph 1 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 100 in order to supplement this Regulation concerning the conditions of details of expenditure declarations under which certain types of expenditure and revenue under the Funds are to be compensated.
Amendment 81 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – introductory part
Article 47 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to the checks carried out by Member States under national law, regulations and administrative provisions or Article 287 of the Treaty or to any check organised under Article 322 of the Treaty or based on Council Regulation (Euratom, EC) No 2185/96, the Commission may organise checks in Member States with the exception of conditionality with a view to verifying in particular:
Amendment 82 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with specific obligations to be complied with by the Member States under this Chapter and with rules in particular on the criteria for determining the cases of irregularity within the meaning of Regulation (EU, Euratom) No 2988/95 and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, to be reported and the data to be providedconcerning the data to be provided for OLAF purposes.
Amendment 83 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Commission shall assess the amounts to be excluded on the basis of the gravity of the deficiencies found. Financial corrections concerning conditionality shall be based on calculated deficiency of the administrative penalties not applied. Where this cannot be identified with proportionate effort, flat- rate corrections are used.
Amendment 89 #
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 in form their find most suitable.
Amendment 91 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Without prejudice to specific provisions, Member States shall take effective and proportionate measures to avoid provisions of Union law to be circumvented and ensure, in particular, that no advantage provided for under sectoral agricultural legislation shall be granted in favour of a natural or legal person in respect of whom it is established that the conditions required for obtaining such advantages were created artificially, contrary to the objectives of that legislation. Member States may give further and more detailed national legislation about artificial conditions.
Amendment 92 #
Proposal for a regulation
Article 63 – paragraph 4 – point c
Article 63 – paragraph 4 – point c
(c) "system for the identification and registration of animals" means the system for the identification and registration of bovine animals laid down by Regulation (EC) No 1760/2000 of the European Parliament and of the Council33 or the system for the identification and registration of ovine and caprine animals laid down by Council Regulation (EC) No 21/200434 ;or the system for the identification and registration of pigs laid down by Council Directive 2008/71/EC and other databases for animals in use. _________________ 33 Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1). 34 Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).
Amendment 93 #
Proposal for a regulation
Article 63 – paragraph 4 – point f
Article 63 – paragraph 4 – point f
(f) "claimless system" means an prefilled or some other kind of application system for area- or animal- based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the Member State. Claimless system enables the administration to make the payments to the farmers concerning all interventions and measures the farmer is eligible for based on the details in the official computerised databases, supplemented with additional information from the farmer, where necessary.
Amendment 94 #
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 2
Article 65 – paragraph 1 – subparagraph 2
The data and documentation referred to in the first subparagraph relating to the current calendar year or marketing year and to the previous ten calendar years or marketing years shall be accessible for consultation through the digital databases of the competent authority of the Member State. Relevant information from the database can also be provided in form of summaries.
Amendment 95 #
Proposal for a regulation
Article 66 – paragraph 2 – point d
Article 66 – paragraph 2 – point d
Amendment 96 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. Member States shall set up and operate an area monitoring system. On duly justified grounds, the Commission may grant a transitional period regarding area monitoring system for Member States that have not used a remote sensing system during the recent years.
Amendment 97 #
Proposal for a regulation
Article 74
Article 74
Amendment 98 #
Proposal for a regulation
Article 75
Article 75
Amendment 99 #
Proposal for a regulation
Article 76
Article 76
Amendment 100 #
Proposal for a regulation
Article 77
Article 77
Access to commercial documents 1. The persons responsible for the undertaking, or a third party, shall ensure that all commercial documents and additional information are supplied to the officials responsible for the scrutiny or to the persons authorised to carry it out on their behalf. Electronically stored data shall be provided on an appropriate data support medium. 2. The officials responsible for the scrutiny or the persons authorised to carry it out on their behalf may require that extracts or copies of the documents referred to in paragraph 1 be supplied to them. 3. Where, during scrutiny carried out pursuant to this Chapter, the commercial documents maintained by the undertaking are considered inadequate for scrutiny purposes, the undertaking shall be directed to maintain in future such records as are required by the Member State responsible for the scrutiny, without prejudice to obligations laid down in other Regulations relating to the sector concerned. Member States shall determine the date from which such records are to be established. Where some or all of the commercial documents required to be scrutinised pursuant to this Chapter are located with an undertaking in the same commercial group, partnership or association of undertakings managed on a unified basis as the undertaking scrutinised, whether located inside or outside the territory of the Union, the undertaking shall make those commercial documents available to officials responsible for the scrutiny, at a place and time to be determined by the Member States responsible for carrying out the scrutiny. 4. Member States shall ensure that officials responsible for scrutiny are entitled to seize commercial documents, or have them seized. This right shall be exercised with due regard to the relevant national provisions and shall be without prejudice to the application of rules governing proceedings in criminal matters concerning the seizure of documents.rticle 77 deleted
Amendment 101 #
Proposal for a regulation
Article 78
Article 78
Amendment 102 #
Proposal for a regulation
Article 79
Article 79
Amendment 103 #
Proposal for a regulation
Article 80
Article 80
Amendment 104 #
Proposal for a regulation
Article 81
Article 81
Amendment 105 #
Proposal for a regulation
Article 82
Article 82
Amendment 106 #
Proposal for a regulation
Article 83
Article 83
Amendment 107 #
Proposal for a regulation
Article 84 – paragraph 3 – point d
Article 84 – paragraph 3 – point d
(d) establish the control sample for the checks referred to in point (a) to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1% of beneficiaries receiving the aid provided for in Section 2 of Chapter 1 of Title III of Regulation (EU) …/… [CAP Strategic Plan Regulation]. By way of derogation from the previous point, Member States may decide to reduce the minimum control rate of 0,5 % at the level of each act or standard or group of acts or standards, if the rate of non-compliances found in the random sample checked on the spot shall not exceed 2 % in the preceding two claim years.
Amendment 108 #
Proposal for a regulation
Article 85 – paragraph 2 – point c
Article 85 – paragraph 2 – point c
(c) shall provide that no administrative penalty be imposed where the non- compliance is due to force majeure.in the following cases:
Amendment 109 #
Proposal for a regulation
Article 85 – paragraph 2 – point c – point i (new)
Article 85 – paragraph 2 – point c – point i (new)
i) where the non-compliance is due to force majeure.
Amendment 110 #
Proposal for a regulation
Article 85 – paragraph 2 – point c – point ii (new)
Article 85 – paragraph 2 – point c – point ii (new)
ii) where the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the person concerned by the administrative penalty.
Amendment 111 #
Proposal for a regulation
Article 85 – paragraph 2 – point c – point iii (new)
Article 85 – paragraph 2 – point c – point iii (new)
iii) where the person 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 competent authority is otherwise satisfied that the person concerned is not at fault.
Amendment 112 #
Proposal for a regulation
Article 86 – paragraph 1 – subparagraph 1 a (new)
Article 86 – paragraph 1 – subparagraph 1 a (new)
In those Member States where animal- related voluntary coupled support and animal-related rural development support are applied, an administrative penalty based on non-compliance of animal- related statutory management requirements should apply only to animal- related voluntary coupled support and animal-related rural development support of the beneficiary. Likewise, an administrative penalty based on non- compliance of area-related statutory management requirements and/or good agricultural and environmental standards should apply only to area-related direct payments and area-related rural development support of the beneficiary.
Amendment 113 #
Proposal for a regulation
Article 86 – paragraph 1 – subparagraph 2
Article 86 – paragraph 1 – subparagraph 2
For the calculation of those reductions and exclusions, account shall be taken of the severity, extent, permanence, or reoccurrence or intentionality of the non-compliance determined. The penalties imposed shall be dissuasive and proportionate, and compliant with the criteria set out in paragraphs 2 and 3 of this Article.
Amendment 114 #
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 1
Article 86 – paragraph 2 – subparagraph 1
Amendment 115 #
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 2
Article 86 – paragraph 2 – subparagraph 2
Member States may set up an early warning system that applies to individual cases of non-compliance occurring for the first time and which, given their minor severity, extent and permanence, shall not lead to a reduction or exclusion. Where a subsequent check within three consecutive calendar years establishes that the non- compliance has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactivelyfor the year when the non-compliance was found not to have been remedied.
Amendment 116 #
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
Amendment 117 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. Member States shall inform the Commission regularly of the application of the integrated system referred to in Chapter II of Title IV. The Commission shall organise exchanges of views on this subjectThe Commission shall organise exchanges of views on the integrated system referred to in Chapter II of Title IV with the Member States.
Amendment 118 #
Proposal for a regulation
Article 90 – paragraph 1 – point a – point vii
Article 90 – paragraph 1 – point a – point vii
Amendment 119 #
Proposal for a regulation
Article 90 – paragraph 1 – point c
Article 90 – paragraph 1 – point c
Amendment 123 #
Proposal for a regulation
Article 103 – paragraph 1
Article 103 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 101 supplementing this Regulation with derogations from, and additions to, the rules provided for in this Regulation, where necessary. These acts shall be drafted immediately after the need has appeared.