18 Amendments of Marian HARKIN related to 2011/0288(COD)
Amendment 107 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Union budget should finance CAP expenditure, including that on rural development, through both Funds either directly or in the context of shared management with the Member States. The types of measures that can be financed using those Funds should be specified. Retrospective changes to the terms of any measure should be avoided.
Amendment 124 #
Proposal for a regulation
Recital 25
Recital 25
(25) Union aid should 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 legislation could 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 order to respect the principle of proportionality, the Commission should be able to provide for exceptions to this general rule. This principle, laid down in Regulation (EC) No 1290/2005 should be maintained and apply to both the EAGF and the EAFRD. If Member States pay late, they should add interests on the principal amount at their own cost to compensate the beneficiaries. Such a provision could create an incentive to Member States to better respect payment deadlines, and could give more assurance to beneficiaries to be paid in time, or at least to be compensated in case of late payment. The implementation of the qualifying projects under the EAFRD and efficiency in funding would be facilitated by establishing maximum coherence in interpreting regulations governing qualification for funds.
Amendment 149 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 154 #
Proposal for a regulation
Recital 55
Recital 55
Amendment 164 #
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, 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 cross compliance and in particular from its control system and from the risk of cross compliance penalties. However, that exemption 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. Minor unintentional infringements associated with cross compliance inspections should not incur a penalty and instead a warning should be issued and compliance monitored at a future inspection.
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 248 #
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 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 263 #
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 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 385 #
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 399 #
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 406 #
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 528 #
Proposal for a regulation
Article 88
Article 88
Amendment 532 #
Proposal for a regulation
Article 89
Article 89
Amendment 610 #
Proposal for a regulation
Article 96 – paragraph 3
Article 96 – paragraph 3
3. Member States shall carry out on-the- spogive adequate notice of inspection when they carry out checks to verify whether a beneficiary complies with the obligations laid down in this Title.