28 Amendments of Liam AYLWARD related to 2011/0288(COD)
Amendment 116 #
Proposal for a regulation
Recital 11
Recital 11
(11) The farm advisory system should cover at least the requirements and standards forming the scope of cross compliance. That system should also cover the requirements to be respected in relation to the agricultural practices beneficial for the climate and the environment for direct payments, as well as the maintenance of the agricultural area under Regulation (EU) No DP/xxx of the European Parliament and of the Council of xxx establishing rules for direct payment to farmers under support schemes within the framework of the common agricultural policy14. That system should finally cover certain elements related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation as well as the sustainable development of the economical activity of the small farmsfarms where necessary.
Amendment 125 #
Proposal for a regulation
Recital 27
Recital 27
(27) Sectoral agricultural legislation requires Member States to send information on the numbers of checks carried out and their outcome within specified deadlines. Those control statistics are used to determine the level of error at Member State level and, more generally, for the purposes of checking the management of the EAGF and the EAFRD. They are an important source for the Commission to satisfy itself as to the correct management of funds and are an essential element for the annual declaration of assurance. Given the vital nature of this statistical information and in order to ensure that Member States respect their obligation to send it in time, it is necessary to provide a proportionate deterrent to late provision of the data required in a manner proportionate to the extent of the data deficit. Therefore, provisions should be put in place whereby the Commission can suspend part of the monthly or interim payments for which the relevant statistical information has not been sent in time only where the delay places the annual budget discharge mechanism at risk, in accordance with the principle of proportionality.
Amendment 127 #
Proposal for a regulation
Recital 30
Recital 30
(30) The financing of measures and operations under the CAP will in part involve shared management. To ensure that Union funds are soundly managed, the Commission should perform the necessary checks on the management of the Funds by the Member State authorities responsible for making payments. It is appropriate to define the general rules and principles to be followed by the Commission when carrying out checks, and the nature of the checks to be made by the Commission, to specify the terms of its responsibilities for implementing the budget and to clarify the Member States' cooperation obligations.
Amendment 128 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to allow the Commission to fulfil its obligation to check the existence and proper functioning of management and inspection systems for Union expenditure in the Member States, provision should be made, irrespectitaking into account the principle of proportionality, the level of the inspection carried out by Member States themselvesrust that there is on the reliability of national control and management systems, the overall performance of the national controls in the number of checks that the Commission needs to carry out, for checks by persons delegated by the Commission who should be able to request assistance from the Member States in their work.
Amendment 133 #
Proposal for a regulation
Recital 38
Recital 38
(38) Provisions relating to general principles on checks, withdrawals, reductions or exclusions from payments and to the imposition of proportionate administrative penalties are contained in various sectoral agricultural regulations. Those rules should be gathered in the same legal framework at a horizontal level. They should cover the obligations of the Member States as regards administrative and on-the-spot checks including the general principles and criteria applicable, the rules on the recovery, reduction and exclusions of aid. Rules on checks of obligations not necessarily linked to the payment of an aid should be laid down as well.
Amendment 143 #
Proposal for a regulation
Recital 50
Recital 50
(50) Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/200125 , which was replaced by Regulation (EC) No 73/2009, established the principle that the full payment to beneficiaries of some supports under the CAP should be linked to compliance with rules relating to land management, agricultural production and agricultural activity. That principle was subsequently reflected in Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)26 and Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) 27. Under this so-called ‘cross compliance’ system Member States are to impose administrative penalties in the form of reduction or exclusion of support received under the CAP in whole or in part, in accordance with the principle of proportionality and taking into account the general criteria for the graduation of these penalties as defined in this Regulation.
Amendment 163 #
Proposal for a regulation
Recital 57
Recital 57
(57) The cross compliance system implies certain administrative constraints for both beneficiaries and national administrations since record keeping must be ensured, checks must be carried out and penalties have to be applied where necessary. Those penalties should be proportionate, risk- based, effective and dissuasive. Such penalties should be without prejudice to other penalties laid down under other provisions of Union or national law. For the sake of consistency, it is appropriate to merge the relevant Union provisions into one single legal instrument. For farmers participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP], the efforts to be made under the cross compliance system may be considered as exceeding the benefit of keeping those farmers under that system. For reasons of simplification, those farmers should therefore be exempted from the cross compliance and in particular from its control system and from the risk ofcontrol system and should only be subject to cross- compliance penalties. However, that exemption in cases of severe non-compliance with the statutory management requirements. However, the special treatment of those farmers as regards cross-compliance should be without prejudice to the obligation to respect the applicable provisions of the sectoral legislation and to the possibility to be checked and to be imposed penalties under that legislation. pursuant to controls independent from the Common Agricultural Policy.
Amendment 168 #
Proposal for a regulation
Recital 60
Recital 60
(60) An effective implementation of cross compliance requires verification at beneficiaries' level that obligations are respected. Where a Member State decides to make use of the option not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, for a sample of beneficiaries in the following year, verify that the findings of the non- compliance concerned have been remedied. Member States may also set up an early- warning system applicable to non-severe first non-compliances to achieve a better acceptance of the cross compliance system by farming communities and better involve farmers in the implementation of the requirements. This should take the form of a warning letter which shall be followed by remedial action by the beneficiary concerned and checked by the Member State in the following year.
Amendment 247 #
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) the sustainable development of the economical activity of holdings other than those referred to in paragraph (2)(d)the small farms as defined by the Member States, of the farms participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP] and of other holdings;
Amendment 249 #
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) the sustainable development of the economical activity of holdings other than those referred to in paragraph (2)(d)farms, including farm modernisation, competitiveness building, sectoral integration, innovation and market orientation;
Amendment 261 #
Proposal for a regulation
Article 12 – paragraph 3 – point b a (new)
Article 12 – paragraph 3 – point b a (new)
(ba) the minimum requirements or actions in the field of climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification, and innovation, as laid down in Annex I to this Regulation.
Amendment 330 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 347 #
Proposal for a regulation
Article 44
Article 44
Amendment 355 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
Amendment 360 #
Proposal for a regulation
Article 48 – paragraph 7 – subparagraph 1 – point c
Article 48 – paragraph 7 – subparagraph 1 – point c
Amendment 382 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. For any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within one year of the first indic24 months after a control report or similar document, stationg that such an irregularity has taken place and shall record the corresponding amounts, has been approved and, where applicable, received by the paying agency or body responsible for the recovery. The corresponding amounts shall, at the time of the recovery request, be recorded in the debtors' ledger of the paying agency.
Amendment 394 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
If recovery has not taken place within four years of the date of the recovery request, or within eight years where recovery is taken in the national courts, 50% of the financial consequences of non-recovery shall be borne by the Member State concerned, and 50% by the Union budget, without prejudice to the requirement that the Member State concerned must pursue recovery procedures in compliance with Article 60.
Amendment 405 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2 a (new)
Article 56 – paragraph 2 – subparagraph 2 a (new)
However, if for reasons not attributable to the Member State concerned, recovery could not take place within the time limits specified in the first subparagraph, and the amount to be recovered exceeds €1 million, the Commission may, at the request of the Member State, extend the time limits by a maximum of 50% of the initial time limits.
Amendment 429 #
Proposal for a regulation
Article 61 – paragraph 4 a (new)
Article 61 – paragraph 4 a (new)
4a. Member States may reduce the level of on-the-spot checks where the error rate is at an acceptable level. The precise applicable conditions and rules shall be determined in delegated acts according to Article 64 of this regulation.
Amendment 433 #
Proposal for a regulation
Article 64 – paragraph 1 a (new)
Article 64 – paragraph 1 a (new)
Amendment 434 #
Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1 – point b
Article 64 – paragraph 2 – subparagraph 1 – point b
Amendment 443 #
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2
Article 65 – paragraph 2 – subparagraph 2
The amount of the reduction of aid shall be graduated proportionately to the gravity and nature of the infringement found, according to the severity, extent, duration and reoccurrence of the non compliance found and may go as far as total exclusion from one or several aid schemes or support measures for one or more calendar years.
Amendment 446 #
Proposal for a regulation
Article 65 – paragraph 3 a (new)
Article 65 – paragraph 3 a (new)
3a. The amounts concerned by the withdrawal referred to in paragraph 1a and by the administrative penalties referred to in paragraph 2 shall be graduated proportionately to the gravity and nature of the infringement found, according to the severity, extent, duration and reoccurrence of the non compliance found.
Amendment 457 #
Proposal for a regulation
Article 68 – paragraph 3 a (new)
Article 68 – paragraph 3 a (new)
3a. Member States shall make appropriate use of technology when setting up their integrated system.
Amendment 541 #
Proposal for a regulation
Article 91 – paragraph 2 a (new)
Article 91 – paragraph 2 a (new)
2a. Member States may set up a warning system to allow non-compliant beneficiaries to remedy the irregularity before any administrative penalty is imposed. Where a Member State decides to make use of this option, the competent authority shall send an initial letter of warning to the beneficiary, notifying the finding and the obligation to take remedial action. The competent authority shall also take, in the following year, the actions necessary to verify that the beneficiary has remedied the findings of non-compliance concerned. Such warning system shall only be applicable in cases of first non- compliance which are not considered 'severe' and whose 'extent' is strictly limited to the farm of the beneficiary responsible for the non-compliance, according to the criteria as defined in Article 99a.
Amendment 777 #
Proposal for a regulation
Annex II — Main Issue "Identification and registration of animals" — SMR 8 — last column
Annex II — Main Issue "Identification and registration of animals" — SMR 8 — last column
Articles 3, 4 and 5
Amendment 778 #
Proposal for a regulation
Annex II — Main Issue "Identification and registration of animals" — SMR 8 — last column
Annex II — Main Issue "Identification and registration of animals" — SMR 8 — last column
Articles 3, 4 (with the exception of paragraph 6) and 5
Amendment 779 #
Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals (OJ L 5, 9.1.2004, p. 8) 1 ____________________ 1 The Commission will issue guidelines for Member States on the interpretation of the rules applicable for the purpose of cross compliance. These guidelines will provide an appropriate degree of flexibility at farm-level so as to respect the principle of proportionality when implementing Council Regulation (EC) No 21/2004 while keeping with the spirit of the legislation and ensure full animal movement traceability.