BETA

38 Amendments of Franc BOGOVIČ related to 2018/0217(COD)

Proposal for a regulation
Recital 1

(1) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled 'The Future of Food and Farming' of 29 November 2017 concludes that the Common Agricultural Policy (hereinafter ‘CAP’) should continue to step up its response to future challenges and opportunities, by boosting employment, growth and investment, fighting and adapting to climate change and bringing research and innovation out of the laboratories and onto fields and markets. The CAP should furthermore address citizens' concerns regarding sustainable agriculture production and rural development.

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, taking into account the size of the parcels being checked.

2018/12/03
Committee: REGI

Proposal for a regulation
Recital 10

(10) Where a Member State accredits more than one paying agency, it should designate a single public coordinating body in order to ensure consistency in the management of Funds, to provide for a liaison between the Commission and the various accredited paying agencies, and to ensure that the information requested by the Commission concerning the operations of several paying agencies is provided promptly. The coordinating body should also take and coordinate actions with a view to resolving any deficiencies of a common nature encountered at national or regional level and should keep the Commission informed of any follow-up.

2018/12/10
Committee: AGRI

Proposal for a regulation
Recital 21

(21) In order to provide the Commission with, in particular, the means to manage agricultural markets, to facilitate the monitoring of agricultural expenditure, to assess and provide timely aid in the case of natural disasters and to monitor agricultural resources in the medium and long term, the use of the agro- meteorological system and the acquisition and improvement of satellite data should be provided for.

2018/12/10
Committee: AGRI

Proposal for a regulation
Recital 28

(28) Member States should send the annual accounts and an annual performance report on the implementation of the CAP Strategic Plan to the Commission by 15 ~~February~~April 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.

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, at an appropriate level, while taking due account of the proportionality and the need not to impose undue administrative burdens on farmers and administrative bodies. 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.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) "governance systems" means the governance bodies referred to in Chapter II of Title II of this Regulation, except the competent authorities as defined in Article 9 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];

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)

(da) the death of the beneficiary;

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point d b (new)

(db) long-term professional incapacity of the beneficiary;

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point d c (new)

(dc) other justified cases defined by Member States in their CAP strategic plans.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 6 – paragraph 1

The EAFRD shall be implemented in shared management between the Member States and the Union. It shall finance the Union's financial contribution to the CAP Strategic Plan rural development interventions referred to in Chapter 4 of Title III and actions under Article 112 of Regulation (EU) …/…[CAP Strategic Plan Regulation].

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 7 – paragraph 1 – point j a (new)

(ja) The Commission shall present a report on the implementation of this Article to the European Parliament and the Council every two years.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1

Paying agencies shall be departments or bodies of the Member States or regions responsible for the management and control of expenditure referred in Article 5(2) and Article 6.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

Member States shall accredit, as paying agencies, departments or bodies which have an administrative organisation and a system of internal control which provide sufficient guarantees that payments are legal, regular and properly accounted for. To this end, paying agencies shall comply with minimum conditions for the accreditation with regard to the internal environment, control activities, information and communication and monitoring laid down by the Commission pursuant to point (a) of Article 10(1). Before the end of 2023, the Commission shall present a report to the European Parliament and to the Council on the operation of the system of paying agencies in the Union accompanied, where appropriate, by legislative proposals.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – introductory part

For the purposes of Article 63(5) and (6) of Regulation (EU, Euratom) 2018/… [the new Financial Regulation] ('the Financial Regulation'), the person in charge of the accredited paying agency shall, by 15 ~~February~~April of the year following the financial year concerned, draw up and provide the Commission with the following:

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2

The deadline of 15 ~~February~~April referred to in the first subparagraph may be exceptionally extended by the Commission to 1 Ma~~rch~~y, upon request by the Member State concerned, as provided for in the second subparagraph Article 63(7) of the Financial Regulation.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 9 – paragraph 1 – point d

(d) carrying out the tasks assigned to the competent authority under this ~~Chapter~~Article, taking into account the principle of proportionality.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 9 – paragraph 2

2. The competent authority shall, by way of a formal act, decide on the issuing or, following a review, the withdrawal of the accreditation of the paying agency and the coordinating body on the basis of an examination of the accreditation criteria to be adopted by the Commission in accordance with point (a) of Article 10(1), taking into account the principle of proportionality. The competent authority shall inform the Commission of accreditations and withdrawals of accreditations without delay.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point a

(a) the procedures for issuing, withdrawing and reviewing accreditation of paying agencies and coordinating bodies, as well as the procedures for the supervision of the accreditation of paying agencies, taking into account the proportionality principle;

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 30 – paragraph 3

3. Where financial instruments are implemented in accordance with Article 523(1) of Regulation (EU)…/… [CPR], the declaration of expenditure shall include the total amounts disbursed or, in the case of guarantees, the amounts set aside as agreed in guarantee contracts, by the managing authority, to final recipients as referred to in points (a), (b) and (c) of [Article 74(5) of Regulation (EU) …/… CAP Strategic Plan – eligibility rules or financial instruments].

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 30 – paragraph 4 – introductory part

4. Where financial instruments are implemented in accordance with Article 523(2) of Regulation (EU)…/… [CPR], declarations of expenditures that include expenditure for financial instruments shall be submitted in accordance with the following conditions:

2018/12/10
Committee: AGRI

Proposal for a regulation
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% for interventions not covered by Article 68 of [CAP strategic plan regulation] 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.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 3

~~The Commission is empowered to adopt~~ delegated ~~acts in accordance with Article 100 supplementing this Regulation with rules on the rate of suspension of payments.~~

2018/12/10
Committee: AGRI

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

The ~~Commission may adopt implementing acts laying down further~~ rules on the elements of action plans 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)~~ are as follows [to be detailed by the Commission].

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 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. The criteria for the sufficiency of action plans include: [to be detailed by the Commission].

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 3

~~The Commission is empowered to adopt~~ delegated acts in accordance with Article 100 supplementing this Regulation with rules on the rate and duration of suspension of payments and the condition for reimbursing or reducing those amounts with regard to the multi-annual performance monitoring.

2018/12/10
Committee: AGRI

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

The suspension shall be applied in accordance with the principle of proportionality to the relevant expenditure effected by the Member State where the serious deficiencies exist, for a period ~~to be determined in the implementing acts referred to in the first subparagraph,~~ which shall not exceed 12 months. If the conditions for the suspension continue to be met, the Commission may adopt implementing acts prolonging that period for further periods not exceeding 12 months in total. The amounts suspended shall be taken into account when adopting the implementing acts referred to in Article 53.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 44 – paragraph 5

5. The Commission shall present a report on the implementation of this Article to the European Parliament and to the Council every two years in accordance with Article 7.

2018/12/10
Committee: AGRI

Proposal for a regulation
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 relating to the details of expenditure declarations under which certain types of expenditure and revenue under the Funds are to be compensated.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 52 – paragraph 5 a (new)

5a. The Commission shall present a report on the implementation of this Article to the European Parliament and to the Council.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 53 – paragraph 7 a (new)

7a. The Commission shall present a report on the implementation of this Article to the European Parliament and to the Council.

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~~which is financially and administratively proportionate to an effective management of the risks.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 96 – paragraph 1

1. Member States shall ensure annual ex-post publication of the beneficiaries of the Funds in.accordance with [Article 44(3)-(5) of Regulation (EU) …/…CPR Regulation] and paragraphs 2, 3 and 4 of this Article.deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 96 – paragraph 2

2. [Article 44(3)-(5) of Regulation (EU) …/…CPR Regulation] shall apply in respect of beneficiaries of EAFRD and EAGF, where relevant; however, the amounts corresponding to the national contribution and the co-financing rate, as provided for in points (h) and (i) of Article 44(3) of that Regulation shall not apply to EAGF.deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 96 – paragraph 3

3. For the purposes of this Article: – "operation" means measure or intervention; – "location" means the municipality where the beneficiary is resident or is registered and, where available, the postal code or the part thereof identifying the municipality".deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 96 – paragraph 4

4. The information referred to in Article 44(3)-(5) of that Regulation shall be made available on a single website per Member State. It shall remain available for two years from the date of the initial publication. 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.deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 96 a (new)

Article 96a Publication of beneficiaries 1. Member States shall ensure annual ex- post publication of the beneficiaries of the Funds. The publication shall state: (a) the name of the beneficiary, as follows: (i) the first name and the surname, where the beneficiary is a natural person; (ii) the full legal name as registered, where the beneficiary is a legal person with autonomous legal personality pursuant to the legislation of the Member State concerned; (iii) the full name of the association as registered or otherwise officially recognised, where the beneficiary is an association without an own legal personality; (b) the municipality where the beneficiary is resident or is registered and, where available, the postcode or the part thereof identifying the municipality; (c) the amounts of payment corresponding to each measure financed by the Funds received by each beneficiary in the financial year concerned; (d) the nature and a description of the measures financed by either of the Funds and under which the payment referred to in point (c) is awarded. The information referred to in the first subparagraph shall be made available on a single website for each Member State. It shall remain available for two years from the date of the initial publication. 2. As regards the payments corresponding to the measures financed by the EAFRD as referred to in point (c) of the first subparagraph of paragraph 1, the amounts to be published shall correspond to the total public funding, including both the Union and the national contribution. 3. Member States shall not publish the name of a beneficiary as provided for in point (a) of the first subparagraph if the amount of aid received by the beneficiary in one year is equal to or less than EUR 1 250.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 104 – paragraph 1 – subparagraph 2

It shall apply from 1 January 20213.

2018/12/10
Committee: AGRI