BETA

36 Amendments of Matt CARTHY related to 2018/0217(COD)

Proposal for a regulation
Recital 14

(14) With a view to ensuring that the amounts for the financing of the CAP comply with the annual ceilings, the financial discipline mechanism by which the level of direct support is adjusted, should be maintained. However, the threshold of EUR 2000 should be abolished. An agricultural reserve should be maintained to support the agricultural sector in the event of market developments or major crises affecting the agricultural production or distribution. Article 12(2)(d) of Regulation (EU, Euratom) [New Financial Regulation] foresees that non- committed appropriations may be carried over to to the following financial year only. In order to significantly simplify the implementation for beneficiaries and national administrations, a roll-over mechanism should be used, using any unused amounts of the reserve for crises in the agricultural sector established in 2020. For this purpose a derogation from Article 12(2)(d) is necessary, allowing for non- committed appropriations of the agricultural reserve to be carried over without time limitation to finance the agricultural reserve in the following financial year(s). Furthermore, as regards the financial year 2020, a second derogation is necessary as the total unused amount of the reserve available at the end of year 2020 should be carried over to the year 2021 to the corresponding line of the new agricultural reserve without being returned to the budgetary lines which cover direct payment interventions under the CAP Strategic Planthe reserve should be initially constituted from funds outside the budgetary line for the CAP.

2018/12/10
Committee: AGRI

Proposal for a regulation
Recital 47

(47) The existing main elements of the integrated system and, in particular, the provisions concerning a system for identifying agricultural parcels, a geo- spatial and an animal-based application system, a system for identifying and registering payment entitlements, a system for recording the identity of beneficiaries and a control and penalties system should be maintained. Member States should continue to use data or information products provided by the Copernicus programme, in addition to information technologies such as GALILEO and EGNOS in order to ensure that comprehensive and comparable data is available throughout the Union for the purposes of monitoring agri-environment- climate policy and for the purposes of boosting the use of full, free and open data and information captured by Copernicus Sentinels satellites and services. To this end, the integrated system should include also an area monitoring system. The purpose of using such technology should be to limit the instances that on farm inspections are required and reduce the administrative burden on farmers.

2018/12/10
Committee: AGRI

Proposal for a regulation
Recital 57

(57) ~~While~~ Member States should be allowed to set out the details on penalties, ~~those penalties~~which should be proportionate, effective and dissuasive ~~and should be~~taking into consideration the economic position of farmers and without prejudice to other penalties laid down under Union or national law. To ensure an effective and coherent approach by Member States, it is necessary to provide for a minaximum penalty rate at Union level for non-compliance occurring for the first time due to negligence, while reoccurrence should lead to a higher percentage and intentionality may result in the total exclusion from the payment. To ensure proportionality of the penalties, where the non-compliance is of a minor nature and occurs for the first time, Member States should ~~be allowed to introduce an early warning~~introduce a yellow card system.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(c a) "output" means the achievement of a public good in line with the general and specific objectives as defined by Articles 5 and 6 of the Regulation on Strategic Plans.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)

(c b) "result indicator" means an indicator to measure the short term effects of the interventions supported, with particular reference to the direct addressees, population targeted or users of infrastructure;

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

The Funds may, either on the initiative of the Commission or on its behalf, each directly finance the increased preparatory, monitoring, administrative and technical support activities, and the evaluation, audit and inspection, required to implement the CAP. In particular, they shall include:

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1

The certification body shall be a public ~~or private~~ audit body designated by the Member State for a minimum three year period, without prejudice to national law. ~~Where it is a private audit body, and where the applicable Union or national law so requires, it shall be selected by the Member State by means of a public tendering procedure.~~

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1

The Commission shall adopt implementing acts laying down rules on the tasks of the certification bodies, including the checks to be carried out and the bodies subject to those checks, and on the certificates and the reports, together with the documents accompanying them, to be drawn up by those bodies.Once Member States' competent authorities have appointed a certification body, the Commission shall publish a comprehensive list of all such bodies and the tasks expected of them as decided by the Member States, not later than one year after the application date of this regulation and a second time not later than four years thereafter;

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2 – introductory part

The ~~implementing acts shall also set out~~list shall include:

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 3

~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).~~deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

A reserve intended to provide additional support for the agricultural sector for the purpose of market management or, stabilisation or in the case of crises, including extreme price volatility or weather events, affecting the agricultural production or distribution (“the agricultural reserve”) shall be established at the beginning of each year in the EAGF.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2

AThe initial appropriations for the agricultural reserve shall be ~~entered directly in the Union's~~acquired from outside the CAP budget.

2018/12/10
Committee: AGRI

Proposal for a regulation
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 financing of the agricultural reservereturned to the beneficiaries that underwent financial discipline in the previous year.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 a (new)

The adjustment calculation shall only affect beneficiaries with direct payments of EUR 2 000 or more.

2018/12/10
Committee: AGRI

Proposal for a regulation
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 0,21% of the annual ceiling for EAGF expenditure.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1

The amounts set by the Commission in accordance with the second subparagraph of paragraph 3 shall be reimbursed to final beneficiaries by Member States in accordance with objective and non- discriminatory criteria. ~~Member States may apply a minimum threshold of amounts of reimbursement per final beneficiary.~~

2018/12/10
Committee: AGRI

Proposal for a regulation
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 system and control system or to suppliers of services authorised by those bodies to represent them.

2018/12/10
Committee: AGRI

Proposal for a regulation
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).

2018/12/10
Committee: AGRI

Proposal for a regulation
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.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 37 – paragraph 2

2. Where the Commission establishes from declarations of expenditure or the information referred to in Article 88 that the payment deadlines referred to in Article 36 have not been complied with, the Member State shall be afforded the opportunity to submit its comments within a period which shall not be less than 30 days. Where the Member State fails to submit its comments within the said period or where the Commission ~~considers the response to be unsatisfactory~~has concluded that the comments provided are manifestly insufficient, the Commission may reduce the monthly or interim payments to the Member State concerned in the framework of the implementing acts concerning the monthly payments referred to in Article 19(3) or in the framework of the interim payments referred to in Article 30. The Commission shall ensure that any reductions do not result in further delays or problems in the Member State for final beneficiaries.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2

The Commission, following consultation and an opportunity for the Member State concerned to respond, may adopt implementing acts laying down further rules on the elements of action plans including in particular a definition of progress indicators and the procedure for setting up the action plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1

Where the Member States fails to submit or to implement the action plan referred to in paragraph 1 without rationale or if that action plan is manifestly insufficient 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.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 1

Where the Member State fails to submit or to implement the action plan referred to in paragraph 1 without rationale or if that action plan is manifestly insufficient 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.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 42 – paragraph 5 – subparagraph 1

In the event of a~~n emergency~~ crises caused by such factors as weather or market conditions, the Commission may adopt 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.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1

The Commission shall adopt ~~implementing~~delegated acts laying down rules on the clearance of accounts provided for in paragraph 1 with regard to the measures to be taken in connection with the adoption of the implementing acts referred to in the second subparagraph of paragraph 1 and their implementation, including the information exchange between the Commission and the Member States and the deadlines to be respected.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 2

~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).~~deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
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 of its intention, and shall allow time for the submission of comments, the submission period must be no later than 30 days, before it submits the draft implementing act

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 52 – paragraph 4

~~4. The Commission is empowered to adopt~~ delegated acts in accordance with Article 100 supplementing this Regulation with rules on the criteria for justifications from the concerned Member State and the methodology and criteria for applying reductions.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 53 – paragraph 2

2. The Commission shall assess the amounts to be excluded on the basis of the gravity of the deficiencies found and with due regard to the proportionality principle.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 1

Where irregularities and other cases of non-compliance by beneficiaries with the conditions of the rural development interventions referred to in the CAP Strategic Plan are detected, Member States shall make financial adjustments by ~~tot~~partially or ~~parti~~, in extreme cases, totally cancelling the Union financing concerned. Member States shall take into consideration the nature and gravity of the non-compliance detected, any external contributing factors, the economic situation of the beneficiary, whether the beneficiary benefited from the yellow card system in relation to the same offence in the past, and the level of the financial loss to the EAFRD.

2018/12/10
Committee: AGRI

Proposal for a regulation
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 beneficiaries that pose the highest level of risk of error.

2018/12/10
Committee: AGRI

Proposal for a regulation
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].

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 85 – paragraph 1 – subparagraph 2 – introductory part

Under that system, the administrative penalties referred to in the first subparagraph shall only apply where the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned and the beneficiary has already received a yellow card for the same infraction; and where one or both of the following conditions are met:

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 85 – paragraph 1 – subparagraph 3 a (new)

Member States shall introduce a yellow card system for first time infractions or failure to comply with the conditions for payment.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 2

Member States ~~may set up an early warning~~shall put in place a yellow card 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 retroactively.

2018/12/10
Committee: AGRI

Proposal for a regulation
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 3 and may go as far as total exclusion from payments, in cases where the beneficiaries fail to engage or commit to remedy the situation, and may apply for one or more calendar years.

2018/12/10
Committee: AGRI