93 Amendments of Elsi KATAINEN related to 2018/0217(COD)

Proposal for a regulation
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.

2018/12/03
Committee: REGI

Proposal for a regulation
Article 15 – paragraph 2

2. Until 1 ~~Dec~~November 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).

2018/12/03
Committee: REGI

Proposal for a regulation
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:

2018/12/03
Committee: REGI

Proposal for a regulation
Article 35 – paragraph 1 – point a

~~(a) it has been effected by accredited paying agencies,~~deleted

2018/12/03
Committee: REGI

Proposal for a regulation
Article 35 – paragraph 1 – point b

(b) (a) it has been effected in accordance with the applicable Union rules, or

2018/12/03
Committee: REGI

Proposal for a regulation
Article 35 – paragraph 1 – point c – introductory part

(c) (b) as regards types of interventions referred to in Regulation (EU) …/… [CAP Strategic Plan Regulation],

2018/12/03
Committee: REGI

Proposal for a regulation
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].

2018/12/03
Committee: REGI

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% 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.

2018/12/03
Committee: REGI

Proposal for a regulation
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;

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

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 of details of expenditure declarations under which certain types of expenditure and revenue under the Funds are to be compensated.

2018/12/03
Committee: REGI

Proposal for a regulation
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:

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

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. 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.

2018/12/03
Committee: REGI

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 in form their find most suitable.

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

Proposal for a regulation
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).

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

Proposal for a regulation
Article 66 – paragraph 2 – point d

~~(d) contains any information relevant for the reporting on the indicators referred to in Article 7 of Regulation (EU) …/…[CAP Strategic Plan Regulation];~~deleted

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

Proposal for a regulation
Article 74

Scope and definitions 1. This Chapter lays down specific rules on the scrutiny of the commercial documents of those entities receiving or making payments relating directly or indirectly to the system of financing by the EAGF, or representatives of those entities (hereinafter 'undertakings') in order to ascertain whether transactions forming part of the system of financing by the EAGF have actually been carried out and have been executed correctly. 2. This Chapter shall not apply to interventions covered by the integrated system referred to in Chapter II of this Title and by Chapter III of Title III of Regulation (EU) …/… [CAP Strategic Plan Regulation]. The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with the establishment of a list of interventions which, due to their design and control requirements, are unsuited for additional ex-post controls by way of scrutiny of commercial documents and, therefore, are not to be subject to such scrutiny under this Chapter. 3. For the purposes of this Chapter the following definitions shall apply: (a) "commercial document" means all books, registers, vouchers and supporting documents, accounts, production and quality records, correspondence relating to the undertaking's business activity, and commercial data, in whatever form they may take, including electronically stored data, in so far as these documents or data relate directly or indirectly to the transactions referred to in paragraph 1; (b) "third party" means any natural or legal person directly or indirectly connected with transactions carried out within the financing system by the EAGF.Article 74 deleted

2018/12/03
Committee: REGI

Proposal for a regulation
Article 75

Scrutiny by Member States 1. Member States shall carry out systematic scrutiny of the commercial documents of undertakings taking account of the nature of the transactions to be scrutinised. Member States shall ensure that the selection of undertakings for scrutiny gives the best possible assurance of the effectiveness of the measures for preventing and detecting irregularities. The selection shall take account, inter alia, of the financial importance of the undertakings in that system and of other risk factors. 2. In appropriate cases, the scrutiny provided for in paragraph 1 shall be extended to natural and legal persons with whom undertakings are associated and to such other natural or legal persons as may be relevant for the pursuit of the objectives set out in Article 76. 3. The scrutiny carried out pursuant to this Chapter shall not prejudice the checks undertaken pursuant to Articles 47 and 48.Article 75 deleted

2018/12/03
Committee: REGI

Proposal for a regulation
Article 76

Cross-checks 1. The accuracy of primary data under scrutiny shall be verified by a number of cross-checks, including, where necessary, the commercial documents of third parties, appropriate to the degree of risk presented, including: (a) comparisons with the commercial documents of suppliers, customers, carriers and other third parties; (b) physical checks, where appropriate, upon the quantity and nature of stocks; (c) comparison with the records of financial flows leading to or consequent upon the transactions carried out within the financing system by the EAGF; (d) checks, in relation to bookkeeping, or records of financial movements showing, at the time of the scrutiny, that the documents held by the paying agency by way of justification for the payment of aid to the beneficiary are accurate. 2. Where undertakings are required to keep particular book records of stock in accordance with Union or national provisions, scrutiny of those records shall, in appropriate cases, include a comparison with the commercial documents and, where appropriate, with the actual quantities in stock. 3. In the selection of transactions to be checked, full account shall be taken of the degree of risk presented.Article 76 deleted

2018/12/03
Committee: REGI

Proposal for a regulation
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

2018/12/03
Committee: REGI

Proposal for a regulation
Article 78

Mutual assistance 1. Member States shall assist each other for the purposes of carrying out the scrutiny provided for in this Chapter in the following cases: (a) where an undertaking or third party is established in a Member State other than that in which payment of the amount in question has or should have been made or received; (b) where an undertaking or third party is established in a Member State other than that in which the documents and information required for scrutiny are to be found. The Commission may coordinate joint actions involving mutual assistance between two or more Member States. 2. Member States shall send the Commission a list of undertakings established in a third country for which payment of the amount in question has or should have been made or received in that Member State. 3. If additional information is required in another Member State as part of the scrutiny of an undertaking in accordance with Article 75, and in particular cross- checks in accordance with Article 76, specific scrutiny requests may be made indicating the reasons for the request. The scrutiny request shall be fulfilled not later than six months after its receipt; the results of the scrutiny shall be communicated without delay to the requesting Member State.Article 78 deleted

2018/12/03
Committee: REGI

Proposal for a regulation
Article 79

Programming 1. Member States shall draw up programmes for scrutiny to be carried out pursuant to Article 75 during the subsequent scrutiny period. 2. Each year, before 15 April, Member States shall send the Commission their programme as referred to in paragraph 1 and shall specify: (a) the number of undertakings to be scrutinised and their breakdown by sector on the basis of the amounts relating to them; (b) the criteria adopted for drawing up the programme. 3. The programmes established by the Member States and forwarded to the Commission shall be implemented by the Member States, if, within eight weeks, the Commission has not made known its comments. 4. Paragraph 3 shall apply mutatis mutandis to the amendments to the programme made by the Member States. 5. At any stage, the Commission may request the inclusion of a particular category of undertaking in the programme of a Member States. 6. Undertakings for which the sum of the receipts or payments amounted to less than EUR 40 000 shall be scrutinised in accordance with this Chapter only for specific reasons to be indicated by the Member States in their annual programme referred to in paragraph 1 or by the Commission in any proposed amendment to that programme. The Commission is empowered to adopt delegated acts in accordance with Article 101 amending the threshold set out in the first subparagraph.Article 79 deleted

2018/12/03
Committee: REGI

Proposal for a regulation
Article 80

Special departments 1. In each Member State, a special department shall be responsible for monitoring the application of this Chapter. Those departments shall, in particular, be responsible for: (a) the performance of the scrutiny provided for in this Chapter by officials employed directly by that special department; or (b) the coordination and general surveillance of the scrutiny carried out by officials belonging to other departments. Member States may also provide that scrutiny to be carried out pursuant to this Chapter is allocated between the special departments and other national departments, provided that the former is responsible for its coordination. 2. The department or departments responsible for the application of this Chapter shall be organised in such a way as to be independent of the departments or branches of departments responsible for the payments and the scrutiny checks carried out prior to payment. 3. The special department referred to in paragraph 1 shall take all the measures necessary, and it shall be entrusted by the Member State concerned with all the powers necessary, to perform the tasks referred to in this Chapter. 4. Member States shall adopt appropriate measures to penalise natural or legal persons who fail to fulfil their obligations under this Chapter.Article 80 deleted

2018/12/03
Committee: REGI

Proposal for a regulation
Article 81

Reports 1. Before 1 January, following the scrutiny period, Member States shall send the Commission a detailed report on the application of this Chapter. The report referred to in the first subparagraph shall also contain an overview of the specific scrutiny requests referred to in Article 78(3) and the results of the scrutiny following those requests. 2. The Member States and the Commission shall have regular exchanges of views on the application of this Chapter.Article 81 deleted

2018/12/03
Committee: REGI

Proposal for a regulation
Article 82

Access to information and scrutiny by the Commission 1. In accordance with the relevant national laws, Commission officials shall have access to all documents prepared either with a view to or following the scrutiny organised under this Chapter and to the data held, including those stored in the data-processing systems. That data shall be provided upon request on an appropriate data support medium. 2. The scrutiny referred to in Article 75 shall be carried out by the officials of the Member States. Officials of the Commission may participate in that scrutiny. They may not themselves exercise the powers of scrutiny accorded to national officials. However, they shall have access to the same premises and to the same documents as the officials of the Member States. 3. In the case of scrutiny taking place under Article 78, officials of the requesting Member State may be present, with the agreement of the requested Member State, at the scrutiny in the requested Member State and have access to the same premises and the same documents as the officials of that Member State. Officials of the requesting Member State present at scrutiny in the requested Member State shall at all time be able to furnish proof of their official capacity. The scrutiny shall at all times be carried out by officials of the requested Member State. 4. Without prejudice to the provisions of Regulations (EU, Euratom) No 883/2013, (Euratom, EC) No 2988/95 (Euratom, EC) No 2185/96 and (EU) 2017/1939, where national provisions concerning criminal procedure reserve certain acts for officials specifically designated by the national law, neither the officials of the Commission, nor the officials of the Member State referred to in paragraph 3, shall take part in these acts. In any event, they shall, in particular not take part in home visits or the formal interrogation of persons in the context of the criminal law of the Member State concerned. They shall, however, have access to information thus obtained.Article 82 deleted

2018/12/03
Committee: REGI

Proposal for a regulation
Article 83

Implementing powers The Commission shall adopt implementing acts laying down rules necessary for the uniform application of this Chapter and in particular relating to the following: (a) the performance of the scrutiny referred to in Article 75 as regards the selection of undertakings, rate and the timescale for the scrutiny; (b) the conservation of commercial documents and the types of documents to maintain or data to record; (c) the performance and coordination of joint actions referred to in Article 78(1); (d) the details and specifications regarding the content, form and means of submission of requests, the content, form and means of notification, submission and exchange of information required under this Chapter; (e) conditions and means of publication or specific rules and conditions for the diffusion or making available by the Commission to the competent authorities of the Member States of the information needed under this Regulation; (f) the responsibilities of the special department referred to in Article 80; (g) the content of reports referred to in Article 81 and any other notification needed under this Chapter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).Article 83 deleted

2018/12/03
Committee: REGI

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]. 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.

2018/12/03
Committee: REGI

Proposal for a regulation
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:

2018/12/03
Committee: REGI

Proposal for a regulation
Article 85 – paragraph 2 – point c – point i (new)

i) where the non-compliance is due to force majeure.

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 1

~~In the case of non-compliance due to negligence, the percentage of reduction shall be as a general rule 3% of the total amount of the payments referred to in paragraph 1 of this Article.~~deleted

2018/12/03
Committee: REGI

Proposal for a regulation
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 ~~retroactively~~for the year when the non-compliance was found not to have been remedied.

2018/12/03
Committee: REGI

Proposal for a regulation
Article 86 – paragraph 5

5. In order to ensure a level-playing field between Member States and the effectiveness and dissuasive effect of the penalty system, the Commission shall be empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with further rules on the application and calculation of penalties.deleted

2018/12/03
Committee: REGI

Proposal for a regulation
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 subject~~The Commission shall organise exchanges of views on the integrated system referred to in Chapter II of Title IV with the Member States.

2018/12/03
Committee: REGI

Proposal for a regulation
Article 90 – paragraph 1 – point a – point vii

~~(vii) information on the measures taken pursuant to Article 57;~~deleted

2018/12/03
Committee: REGI

Proposal for a regulation
Article 90 – paragraph 1 – point c

~~(c) the notifications to the Commission by Member States of information, documents, statistics and reports, and the deadlines and methods for their notification.~~deleted

2018/12/03
Committee: REGI

Proposal for a regulation
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.

2018/12/03
Committee: REGI

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 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 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.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 2

2. Until 1 ~~Dec~~November 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).

2018/12/10
Committee: AGRI

Proposal for a regulation
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:

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 35 – paragraph 1 – point a

~~(a) it has been effected by accredited paying agencies,~~deleted

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% 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

Elsi KATAINEN, Hilde VAUTMANS, Merja KYLLÖNEN, Fredrick FEDERLEY

Proposal for a regulation
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;

2018/12/10
Committee: AGRI

Proposal for a regulation
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.

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 of 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 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:

2018/12/10
Committee: AGRI

Proposal for a regulation
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.

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. 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.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 54 – paragraph 1

Sums recovered by the Member States following the occurrence of irregularities and other cases of non-compliance by beneficiaries with the conditions of the interventions referred to in the CAP Strategic Plan and the interest thereon shall be made over to the paying agency and booked by it as revenue assigned to the EAGF in the month in which the sums are actually received. Member States may decide amounts that have to be exceeded before the recovery is done. That possibility concerns all interventions and measures separately, including conditionality, and may be uniform concerning all of them.

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 in the form they find most suitable.

2018/12/10
Committee: AGRI

Proposal for a regulation
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.

2018/12/10
Committee: AGRI

Elsi KATAINEN, Hilde VAUTMANS, Merja KYLLÖNEN

Proposal for a regulation
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/EC34a and other databases established by the Member States 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). 34a Council Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs (OJ L 213, 8.8.2008, p. 31).

2018/12/10
Committee: AGRI

Proposal for a regulation
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.

2018/12/10
Committee: AGRI

Elsi KATAINEN, Hilde VAUTMANS, Merja KYLLÖNEN

Proposal for a regulation
Article 63 – paragraph 4 – point f – point i (new)

i) Claimless system should enable the administration to make the payments to the farmers concerning all interventions and measures the farmers are eligible for based on the details in the official computerised databases, supplemented with additional information from the farmer, where necessary.

2018/12/10
Committee: AGRI

Elsi KATAINEN, Hilde VAUTMANS

Proposal for a regulation
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. The relevant information from the database can also be provided in the form of summaries.

2018/12/10
Committee: AGRI

Elsi KATAINEN, Hilde VAUTMANS

Proposal for a regulation
Article 66 – paragraph 2 – point d

~~(d) contains any information relevant for the reporting on the indicators referred to in Article 7 of Regulation (EU) …/…[CAP Strategic Plan Regulation];~~deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
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.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 70 – paragraph 1

Member States shall set up a control and penalties system for the aid as referred to in Article 63 in form most suitable to them.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 74

Scope and definitions 1. This Chapter lays down specific rules on the scrutiny of the commercial documents of those entities receiving or making payments relating directly or indirectly to the system of financing by the EAGF, or representatives of those entities (hereinafter 'undertakings') in order to ascertain whether transactions forming part of the system of financing by the EAGF have actually been carried out and have been executed correctly. 2. This Chapter shall not apply to interventions covered by the integrated system referred to in Chapter II of this Title and by Chapter III of Title III of Regulation (EU) …/… [CAP Strategic Plan Regulation]. The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with the establishment of a list of interventions which, due to their design and control requirements, are unsuited for additional ex-post controls by way of scrutiny of commercial documents and, therefore, are not to be subject to such scrutiny under this Chapter. 3. For the purposes of this Chapter the following definitions shall apply: (a) "commercial document" means all books, registers, vouchers and supporting documents, accounts, production and quality records, correspondence relating to the undertaking's business activity, and commercial data, in whatever form they may take, including electronically stored data, in so far as these documents or data relate directly or indirectly to the transactions referred to in paragraph 1; (b) "third party" means any natural or legal person directly or indirectly connected with transactions carried out within the financing system by the EAGF.Article 74 deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 75

Scrutiny by Member States 1. Member States shall carry out systematic scrutiny of the commercial documents of undertakings taking account of the nature of the transactions to be scrutinised. Member States shall ensure that the selection of undertakings for scrutiny gives the best possible assurance of the effectiveness of the measures for preventing and detecting irregularities. The selection shall take account, inter alia, of the financial importance of the undertakings in that system and of other risk factors. 2. In appropriate cases, the scrutiny provided for in paragraph 1 shall be extended to natural and legal persons with whom undertakings are associated and to such other natural or legal persons as may be relevant for the pursuit of the objectives set out in Article 76. 3. The scrutiny carried out pursuant to this Chapter shall not prejudice the checks undertaken pursuant to Articles 47 and 48.Article 75 deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 76

Cross-checks 1. The accuracy of primary data under scrutiny shall be verified by a number of cross-checks, including, where necessary, the commercial documents of third parties, appropriate to the degree of risk presented, including: (a) comparisons with the commercial documents of suppliers, customers, carriers and other third parties; (b) physical checks, where appropriate, upon the quantity and nature of stocks; (c) comparison with the records of financial flows leading to or consequent upon the transactions carried out within the financing system by the EAGF; (d) checks, in relation to bookkeeping, or records of financial movements showing, at the time of the scrutiny, that the documents held by the paying agency by way of justification for the payment of aid to the beneficiary are accurate. 2. Where undertakings are required to keep particular book records of stock in accordance with Union or national provisions, scrutiny of those records shall, in appropriate cases, include a comparison with the commercial documents and, where appropriate, with the actual quantities in stock. 3. In the selection of transactions to be checked, full account shall be taken of the degree of risk presented.Article 76 deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
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

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 78

Mutual assistance 1. Member States shall assist each other for the purposes of carrying out the scrutiny provided for in this Chapter in the following cases: (a) where an undertaking or third party is established in a Member State other than that in which payment of the amount in question has or should have been made or received; (b) where an undertaking or third party is established in a Member State other than that in which the documents and information required for scrutiny are to be found. The Commission may coordinate joint actions involving mutual assistance between two or more Member States. 2. Member States shall send the Commission a list of undertakings established in a third country for which payment of the amount in question has or should have been made or received in that Member State. 3. If additional information is required in another Member State as part of the scrutiny of an undertaking in accordance with Article 75, and in particular cross- checks in accordance with Article 76, specific scrutiny requests may be made indicating the reasons for the request. The scrutiny request shall be fulfilled not later than six months after its receipt; the results of the scrutiny shall be communicated without delay to the requesting Member State.Article 78 deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 79

Programming 1. Member States shall draw up programmes for scrutiny to be carried out pursuant to Article 75 during the subsequent scrutiny period. 2. Each year, before 15 April, Member States shall send the Commission their programme as referred to in paragraph 1 and shall specify: (a) the number of undertakings to be scrutinised and their breakdown by sector on the basis of the amounts relating to them; (b) the criteria adopted for drawing up the programme. 3. The programmes established by the Member States and forwarded to the Commission shall be implemented by the Member States, if, within eight weeks, the Commission has not made known its comments. 4. Paragraph 3 shall apply mutatis mutandis to the amendments to the programme made by the Member States. 5. At any stage, the Commission may request the inclusion of a particular category of undertaking in the programme of a Member States. 6. Undertakings for which the sum of the receipts or payments amounted to less than EUR 40 000 shall be scrutinised in accordance with this Chapter only for specific reasons to be indicated by the Member States in their annual programme referred to in paragraph 1 or by the Commission in any proposed amendment to that programme. The Commission is empowered to adopt delegated acts in accordance with Article 101 amending the threshold set out in the first subparagraph.Article 79 deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 80

Special departments 1. In each Member State, a special department shall be responsible for monitoring the application of this Chapter. Those departments shall, in particular, be responsible for: (a) the performance of the scrutiny provided for in this Chapter by officials employed directly by that special department; or (b) the coordination and general surveillance of the scrutiny carried out by officials belonging to other departments. Member States may also provide that scrutiny to be carried out pursuant to this Chapter is allocated between the special departments and other national departments, provided that the former is responsible for its coordination. 2. The department or departments responsible for the application of this Chapter shall be organised in such a way as to be independent of the departments or branches of departments responsible for the payments and the scrutiny checks carried out prior to payment. 3. The special department referred to in paragraph 1 shall take all the measures necessary, and it shall be entrusted by the Member State concerned with all the powers necessary, to perform the tasks referred to in this Chapter. 4. Member States shall adopt appropriate measures to penalise natural or legal persons who fail to fulfil their obligations under this Chapter.Article 80 deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 81

Reports 1. Before 1 January, following the scrutiny period, Member States shall send the Commission a detailed report on the application of this Chapter. The report referred to in the first subparagraph shall also contain an overview of the specific scrutiny requests referred to in Article 78(3) and the results of the scrutiny following those requests. 2. The Member States and the Commission shall have regular exchanges of views on the application of this Chapter.Article 81 deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 82

Access to information and scrutiny by the Commission 1. In accordance with the relevant national laws, Commission officials shall have access to all documents prepared either with a view to or following the scrutiny organised under this Chapter and to the data held, including those stored in the data-processing systems. That data shall be provided upon request on an appropriate data support medium. 2. The scrutiny referred to in Article 75 shall be carried out by the officials of the Member States. Officials of the Commission may participate in that scrutiny. They may not themselves exercise the powers of scrutiny accorded to national officials. However, they shall have access to the same premises and to the same documents as the officials of the Member States. 3. In the case of scrutiny taking place under Article 78, officials of the requesting Member State may be present, with the agreement of the requested Member State, at the scrutiny in the requested Member State and have access to the same premises and the same documents as the officials of that Member State. Officials of the requesting Member State present at scrutiny in the requested Member State shall at all time be able to furnish proof of their official capacity. The scrutiny shall at all times be carried out by officials of the requested Member State. 4. Without prejudice to the provisions of Regulations (EU, Euratom) No 883/2013, (Euratom, EC) No 2988/95 (Euratom, EC) No 2185/96 and (EU) 2017/1939, where national provisions concerning criminal procedure reserve certain acts for officials specifically designated by the national law, neither the officials of the Commission, nor the officials of the Member State referred to in paragraph 3, shall take part in these acts. In any event, they shall, in particular not take part in home visits or the formal interrogation of persons in the context of the criminal law of the Member State concerned. They shall, however, have access to information thus obtained.rticle 82 deleted

2018/12/10
Committee: AGRI

Elsi KATAINEN, Hilde VAUTMANS, Fredrick FEDERLEY

Proposal for a regulation
Article 83 – paragraph 1

The Commission shall adopt implementing acts laying down rules necessary for the uniform application of this Chapter and in particular relating to the following: (a) the performance of the scrutiny referred to in Article 75 as regards the selection of undertakings, rate and the timescale for the scrutiny; (b) the conservation of commercial documents and the types of documents to maintain or data to record; (c) the performance and coordination of joint actions referred to in Article 78(1); (d) the details and specifications regarding the content, form and means of submission of requests, the content, form and means of notification, submission and exchange of information required under this Chapter; (e) conditions and means of publication or specific rules and conditions for the diffusion or making available by the Commission to the competent authorities of the Member States of the information needed under this Regulation; (f) the responsibilities of the special department referred to in Article 80; (g) the content of reports referred to in Article 81 and any other notification needed under this Chapter.deleted

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]. 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.

2018/12/10
Committee: AGRI

Elsi KATAINEN, Hilde VAUTMANS, Fredrick FEDERLEY

Proposal for a regulation
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:

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 85 – paragraph 2 – point c – point i (new)

i) where the non-compliance is due to force majeure.

2018/12/10
Committee: AGRI

Proposal for a regulation
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.

2018/12/10
Committee: AGRI

Proposal for a regulation
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.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 86 – paragraph 1 – subparagraph 1

The administrative penalties provided for in Section 2 of Chapter 1 of Title III of Regulation (EU) …/…[CAP Strategic Plan Regulation] shall be applied by means of reduction from or exclusion of the total amount of the payments listed in that Section of that Regulation granted or to be granted to the beneficiary concerned in respect of aid applications he has submitted or will submit in the course of the calendar year of the ~~finding~~non-compliance.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 86 – paragraph 1 – subparagraph 1 – point 1 (new)

(1) 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.

2018/12/10
Committee: AGRI

Proposal for a regulation
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~~.

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 1

~~In the case of non-compliance due to negligence, the percentage of reduction shall be as a general rule 3% of the total amount of the payments referred to in paragraph 1 of this Article.~~deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
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 ~~retroactively~~for the year when the non-compliance was found not to have been remedied.

2018/12/10
Committee: AGRI

Proposal for a regulation
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 time.~~deleted

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 and may apply for one or more calendar years.deleted

2018/12/10
Committee: AGRI

Proposal for a regulation
Article 86 – paragraph 5

5. In order to ensure a level-playing field between Member States and the effectiveness and dissuasive effect of the penalty system, the Commission shall be empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with further rules on the application and calculation of penalties.deleted

2018/12/10
Committee: AGRI