44 Amendments of Daniel BUDA related to 2018/0217(COD)

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 level and should keep the Commission informed of any follow-up. Payment agencies should step up their advisory role in their relations with farmers and strive to simplify procedures and comply with standards at European level.

2018/12/03
Committee: REGI

Proposal for a regulation
Recital 15

(15) In order to avoid an excessive administrative burden for national administrations and farmers and to simplify procedures as much as possible, provision should be made that reimbursement of the amounts carried over from the preceding financial year in relation to financial discipline applied, should not take place either where financial discipline is applied for a second subsequent year (year N+1), or where the overall amount of non- committed appropriations represents less than 0,2% of the EAGF annual ceiling.

2018/12/03
Committee: REGI

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 deficiencies exist,. It shall be applied strictly to the measures or programme in question and not to the entire funding package 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.

2018/12/03
Committee: REGI

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
Recital 3

(3) The CAP's compliance-driven delivery model should be adjusted to ensure a greater focus on results and performance. Accordingly the Union should set the basic policy objectives, types of intervention and basic Union requirements while greater responsibility and accountability for meeting those objectives should be borne by the Member States. As a consequence, there is a need to ensure greater subsidiarity and flexibility in order to take better account of the local conditions and needs. Accordingly, under the new delivery model based on agricultural productivity, Member States should be responsible for tailoring their CAP interventions in line with basic Union requirements in order to maximize their contribution to Union CAP objectives and to establish and design the compliance and control framework for beneficiaries.

2018/12/10
Committee: AGRI

Proposal for a regulation
Recital 7 a (new)

(7a) The 2021-2027 Common Agricultural Policy budget for the EU27 should be maintained at least at the level of the 2014-2020 budget at constant prices for the EU28.

2018/12/10
Committee: AGRI

Proposal for a regulation
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 annual 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. It is for the Commission to ensure that Member States do not apply additional conditionalities to this Regulation that would encumber the process of allocating aid to beneficiaries.

2018/12/10
Committee: AGRI

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 level and should keep the Commission informed of any follow-up. Paying agencies should develop their role as advisors to farmers and make efforts towards the simplification of procedures and ensuring compliance with standards at European level.

2018/12/10
Committee: AGRI

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 Plan.

2018/12/10
Committee: AGRI

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 2 000 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 activities, 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 Plan.

2018/12/10
Committee: AGRI

Proposal for a regulation
Recital 15

(15) In order to avoid an excessive administrative burden for national administrations and farmers and to simplify procedures as much as possible and limit the complexity of payment forms, provision should be made that reimbursement of the amounts carried over from the preceding financial year in relation to financial discipline applied, should not take place either where financial discipline is applied for a second subsequent year (year N+1), or where the overall amount of non- committed appropriations represents less than 0,2% of the EAGF annual ceiling.

2018/12/10
Committee: AGRI

Proposal for a regulation
Recital 16 a (new)

(16a) It is necessary to coordinate direct payments at Member State level in order to ensure a level playing field for producers on the single market.

2018/12/10
Committee: AGRI

Proposal for a regulation
Recital 24

(24) Member States should ensure that Union aid be paid to beneficiaries in good time so that they may use it efficiently. A failure by the Member States to comply with the payment deadlines laid down in Union law might create serious difficulties for the beneficiaries and could jeopardise the Union's yearly budgeting. Therefore, expenditure made without respecting deadlines for payments should be excluded from Union financing. In accordance with the principle of proportionality, the Commission should be empowered to provide for exceptions from this general rule with regard to both Funds. If the paying agency delays the direct payment of aid to beneficiaries, they should receive compensation for each day of delay.

2018/12/10
Committee: AGRI

Proposal for a regulation
Recital 29

(29) A new form of payment suspension should be introduced for situations of abnormally low outputs. Where the outputs reported are at an abnormally low level in comparison with the declared expenditure, and where Member States cannot provide good and comprehensible reasons for this situation, the Commission should be empowered to, in addition to reducing the expenditure for the financial year N-1, and following prior warning, to suspend future expenditure related to the intervention for which the output was abnormally low. Such suspensions should be subject to confirmation in the annual performance clearance decision.

2018/12/10
Committee: AGRI

Proposal for a regulation
Recital 30

(30) ~~As regards the multi-annual performance monitoring the Commission should also have the power to suspend payments.~~ Accordingly, in cases of delayed or insufficient progress towards targets, set out in the national CAP Strategic Plan, the Commission should be empowered to request the Member State concerned to take the necessary remedial actions in accordance with an action plan to be established in consultation with the Commission and containing clear progress indicators, by means of an implementing act. Where the Member State fails to submit or to implement the action plan or where the action plan is manifestly insufficient to remedy the situation, the Commission should have the power to suspend the monthly or interim payments, by means of an implementing act.

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 should be proportionate, effective and dissuasive and should be 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 minimum penalty rate at Union level for non-compliance occurring for the first time due to negligence; the imposition of penalties for minor errors should be avoided, 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 system.

2018/12/10
Committee: AGRI

Michel DANTIN, Norbert ERDŐS, Mairead McGUINNESS, Daniel BUDA

Proposal for a regulation
Recital 71

(71) Publishing such information together with the general information provided for in this Regulation, enhances transparency regarding the use of Union Funds in the CAP, thus contributing to the visibility and better understanding of that policy. It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy, and is more effective and is more accountable to the citizen. It also brings concrete examples of the provision of "public goods" by farming to the attention of citizens, thereby underpinning the legitimacy of EU and state support for the agricultural sector.

2018/12/10
Committee: AGRI

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

(-a) the death of the beneficiary;

2018/12/10
Committee: AGRI

Michel DANTIN, Norbert ERDŐS, Mairead McGUINNESS, Daniel BUDA

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

(a a) long-term professional incapacity of beneficiary;

2018/12/10
Committee: AGRI

Michel DANTIN, Norbert ERDŐS, Mairead McGUINNESS, Daniel BUDA

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) a ~~severe~~ natural disaster or meteorological event gravely affecting the holding;

2018/12/10
Committee: AGRI

Michel DANTIN, Mairead McGUINNESS, Daniel BUDA

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

(a a) market circumstances gravely affecting the holding;

2018/12/10
Committee: AGRI

Michel DANTIN, Norbert ERDŐS, Mairead McGUINNESS, Daniel BUDA

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) the ~~accidental~~ destruction of livestock buildings on the holding;

2018/12/10
Committee: AGRI

Michel DANTIN, Mairead McGUINNESS, Daniel BUDA

Proposal for a regulation
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 ~~March~~June, 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 8 – paragraph 4 – subparagraph 1 – point d

(d) to ~~promote and~~ ensure harmonised application of Union rules.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 8 – paragraph 5 a (new)

5a. Where a paying agency delays the payment of aid to farmers for administrative, technical or other reasons, the farmers shall receive compensation for each day of delay.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 1 a (new)

Where farmers are part of the paying agency’s control sample, they may be granted a reasonable advance for the period up to the end of the control process.

2018/12/10
Committee: AGRI

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

A European agricultural crisis management reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or, and to be deployed to enable the Union to react swiftly and effectively in the ~~case~~event of crises affecting ~~the~~ agricultural production, processing or distribution (“the ~~agricultural~~crisis reserve”) shall be established at the beginning of each year in the EAGF.

2018/12/10
Committee: AGRI

Michel DANTIN, Norbert ERDŐS, Daniel BUDA

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

Appropriations for the agricultural reserve shall be entered directly in the Union's budget., and shall be deployed, for the financial year or years for which additional support is required, in order to fund the following measures:

2018/12/10
Committee: AGRI

Proposal for a regulation
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 %;

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b (new)

(b) measures designed to take over compensation paid out using income stabilisation tools as referred to in Article 70 of Regulation (EU) .../... [the CAP Strategic Plan Regulation] to member farmers in the event of a market crisis having a frequency above a predefined sector-specific threshold, the benefit of which could be extended to non-member farmers, without the latter being able to benefit from more favourable treatment via these measures and/or State aid.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point c (new)

(c) exceptional market disturbance prevention and management measures as provided for in Articles 219, 220 and 221 of Regulation (EU) No 1308/2013;

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 reserve.deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 2 a (new)

2a. The Commission shall be empowered to adopt delegated acts in accordance with Article 100 in order to supplement this Article by defining the sector-specific thresholds required to trigger the takeover measures for sector- specific income stabilisation tools.

2018/12/10
Committee: AGRI

Proposal for a regulation
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 ~~secon~~third year following that of the budget commitment.

2018/12/10
Committee: AGRI

Michel DANTIN, Norbert ERDŐS, Daniel BUDA

Proposal for a regulation
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;

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 38 – paragraph 2

2. 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. The suspension shall be applied to the relevant expenditure in respect of the interventions which have been subject to the reduction referred to in Article 52(2) and the amount to be suspended shall not exceed the percentage corresponding to the reduction applied in accordance with Article 52(2). The amounts suspended shall be reimbursed by the Commission to the Member States or permanently reduced by means of the implementing act referred to in Article 52. 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.deleted

2018/12/10
Committee: AGRI

Michel DANTIN, Mairead McGUINNESS, Daniel BUDA

Proposal for a regulation
Article 57 – paragraph 2

2. Member States shall set up efficient management and control systems, including early warning mechanisms, in order to ensure compliance with the Union legislation governing Union interventions.

2018/12/10
Committee: AGRI

Michel DANTIN, Norbert ERDŐS, Mairead McGUINNESS, Daniel BUDA

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 and may lower this level once the management and monitoring systems are functioning properly and the error rates are settled at an acceptable level.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2

Member States shall ensure a proportionate level of checks needed for an effective management of the risks.

2018/12/10
Committee: AGRI

Michel DANTIN, Norbert ERDŐS, Mairead McGUINNESS, Daniel BUDA

Proposal for a regulation
Title 4 – chapter 4 – title

Control system and penalties in relation to conditionality for sustainable development

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 84 – paragraph 3 – point d a (new)

(da) may establish an early warning system;

2018/12/10
Committee: AGRI

Michel DANTIN, Norbert ERDŐS, Daniel BUDA

Proposal for a regulation
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.

2018/12/10
Committee: AGRI