[ParlTrack]

Proposal for a regulation
Recital 1 a (new)

(1a) Account should be taken of the European Parliament resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources (2018/2714(RSP)).

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Recital 1 b (new)

(1b) Given the fundamental role of common agricultural policy (CAP), the CAP budget must be increased in the 2021-2027 MFF from the level of the 2014-2020 budget in real terms.

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Recital 1 c (new)

(1c) The agricultural sector must not face any financial repercussions as a result of political decisions, such as the withdrawal of the United Kingdom from the EU or the funding of new European strategic policies.

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Recital 1 d (new)

(1d) Given the importance of direct payments and second-pillar funds to farmers, which contribute significantly to investment and employment in rural areas, the severe cuts envisaged for the second pillar of the CAP are not acceptable. For that reason, the CAP should focus on its core activities with a budget of the equivalent of EUR 382.9 billion in 2018 terms (which amounts to EUR 430.9 billion in current terms), so that its budget is at the same level as it was for the 2014-2020 period.

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

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

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Recital 15

(15) In order to avoid an excessive administrative burden for national administrations and farmers 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

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Recital 16 a (new)

(16a) The level of direct payments must be the same between Member States if there is to be a level playing field on the EU single market. There is an urgent need for a fair distribution of direct payments between Member States. What is more, the process of equalising direct payments must be completed under the 2021-2027 financial framework. Farmers from the Eastern European countries have been waiting for this since 2014.

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

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.deleted

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

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

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

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

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

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 a (new)

The funding shall only apply to direct payments in excess of EUR 2000 to be granted to farmers in the corresponding calendar year.

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – introductory part

Following its decision to approve the CAP Strategic Plan, the Commission shall pay an initial prefinancing amount to the Member State for the entire duration of the CAP Strategic Plan. This initial pre- financing amount shall be paid ~~in instalments as follows:~~ to the tune of 5% of the EAFRD support quota for the entire duration of the CAP Strategic Plan.

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point a

~~(a) in 2021: 1 % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan;~~deleted

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point b

~~(b) in 2022: 1 % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan;~~deleted

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point c

~~(c) in 2023: 1 % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan.~~deleted

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

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

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Article 37

Reduction of monthly and interim payments 1. Where the Commission establishes from declarations of expenditure or the information referred to in Article 88 that financial ceilings set by Union law have been exceeded, the Commission shall reduce the monthly or interim payments to the Member State in question in the framework of the implementing acts concerning the monthly payments referred to in Article 19(3) or in the framework of the interim payments referred to in Article 30. 2. Where the Commission establishes from declarations of expenditure or the information referred to in Article 88 that the payment deadlines referred to in Article 36 have not been complied with, the Member State shall be afforded the opportunity to submit its comments within a period which shall not be less than 30 days. Where the Member State fails to submit its comments within the said period or where the Commission considers the response to be unsatisfactory, the Commission may reduce the monthly or interim payments to the Member State concerned in the framework of the implementing acts concerning the monthly payments referred to in Article 19(3) or in the framework of the interim payments referred to in Article 30. 3. Reductions under this Article shall be without prejudice to Article 51. 4. The Commission may adopt implementing acts laying down further rules on the procedure and other practical arrangements for the proper functioning of the mechanism provided for in Article 36. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).Article 37 deleted

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Article 38

Suspension of payments in relation to the annual clearance 1. Where Member States do not submit the documents referred to in Articles 8(3) and 11(1) by the deadlines, as provided for in Article 8(3), the Commission may adopt implementing acts suspending the total amount of the monthly payments referred to in Article 19(3). The Commission shall reimburse the suspended amounts when it receives the missing documents from the Member State concerned, provided that the date of receipt is not later than six months after the deadline. As regards the interim payments referred to in Article 30, declarations of expenditure shall be deemed inadmissible in accordance with paragraph 6 of that Article. 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. 3. The implementing acts provided for in this Article shall be adopted in accordance with the advisory procedure referred to in Article 101(2). Before adopting those implementing acts, the Commission shall inform the Member State concerned of its intention and shall give the Member State the opportunity to submit its comments within a period which shall not be less than 30 days. The implementing acts determining the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30 shall take account of the implementing acts adopted under this paragraph.Article 38 deleted

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Article 39

Suspension of payments in relation to the multi-annual performance monitoring 1. In case of delayed or insufficient progress towards targets, as set out in the national CAP Strategic Plan and monitored in accordance with Articles 115 and 116 of Regulation (EU) …/…[CAP Strategic Plan Regulation], the Commission may ask the Member State concerned to implement the necessary remedial actions in accordance with an action plan with clear progress indicators, to be established in consultation with the Commission. The Commission may adopt implementing acts laying down further rules on the elements of action plans and the procedure for setting up the action plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3). 2. Where the Member States fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30. The suspension shall be applied in accordance with the principle of proportionality to the relevant expenditure related to the interventions which were to be covered by that action plan. The Commission shall reimburse the suspended amounts when, on the basis of the performance review referred to in Article 121 of Regulation (EU) …/… [CAP Strategic Plan Regulation] satisfactory progress towards targets is achieved. If the situation is not remedied by the closure of the national CAP Strategic Plan, the Commission may adopt an implementing act definitively reducing the amount suspended for the Member State concerned. The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the rate and duration of suspension of payments and the condition for reimbursing or reducing those amounts with regard to the multi-annual performance monitoring. 3. The implementing acts provided for in paragraphs 1 and 2 shall be adopted in accordance with the advisory procedure referred to in Article 101(2). Before adopting those implementing acts, the Commission shall inform the Member State concerned of its intention and shall ask it to respond within a period which shall not be less than 30 days.Article 39 deleted

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Article 53 a (new)

Article 53a 1. For any undue payment resulting from an irregularity or negligence, Member States shall request recovery from the beneficiary within 18 months after the approval, and, where applicable, reception by the paying agency or body responsible for the recovery, of a control report or similar document stating that an irregularity has taken place. The amounts in question shall be recorded in the debtors' ledger of the paying agency at the time of their recovery. 2. If the sum has not been recovered within four years of the date of the recovery request, or within eight years if the recovery is being dealt with by the national courts, 50% of the financial cost of the non-recovery shall be borne by the Member State concerned and 50% covered by the EU, without prejudice to the requirement that the Member State concerned must continue the recovery procedures in compliance with Article 57. If, in the course of a recovery procedure carried out using an administrative procedure or a definitive legal procedure, no irregularity is found, the financial costs borne by the Member State under the first subparagraph shall be declared to the Funds as expenditure. However, if for reasons not attributeable to the Member State concerned, it is not possible for recovery to take place within the time limit specified in the first subparagraph, and the amount to be recovered exceeds EUR 1 million, the Commission may, at the request of the Member State, extend the time-limit by a period of up to half of the original period. 3. On duly justified grounds, Member States may decide not to pursue recovery. A decision to this effect may be taken only in the following cases: (a) where the costs that have already been incurred and those that are likely to be incurred come to more than the amount to be recovered: this condition is considered fulfilled if: (i) the amount to be recovered from the beneficiary in the context of an individual payment under the aid scheme or support fund does not exceed EUR 100, not including interest or (ii) the amount to be recovered from the beneficiary in the context of an individual payment under the aid scheme or support fund falls between EUR 100 and EUR 150, excluding interest, and the Member State concerned applies a threshold equal to or higher than the amount to be recovered under its national law as regards non- recovery of national debts; (b) where recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity. If the decision referred to in the first subparagraph of this paragraph is taken before the rules referred to in paragraph 2 apply to the outstanding amount, the financial costs of non-recovery shall be borne by the EU. 4. Member States shall enter into the annual accounts to be sent to the Commission under point (c)(iii) of Article 88(1) the amounts to be borne by them under paragraph 2 of this Article. The Commission shall check that this has been done and make any adjustments needed in the implementing act referred to in Article 51. 5. The Commission may, provided that the procedure laid down in Article 53(3) has been followed, adopt implementing acts excluding sums usually charged to the Union's budget from Union funding in the following cases: (a) if the Member State has not kept to the time limits referred to in paragraph 1; (b) if it considers that the decision taken by a Member State not to pursue recovery under paragraph 3 is not justified; (c) if it takes the view that an irregularity or lack of recovery is the result of an irregularity or negligence attributable to the administrative authorities or another official body of the Member State. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

2018/12/10
Committee: AGRI

Zbigniew KUŹMIUK, Stanisław OŻÓG

Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 2

Amounts of the Union financing under the EAFRD which are cancelled and amounts recovered, and the interest thereon, shall be reallocated to other rural development ~~intervention~~payments in the CAP Strategic Plan. However, the cancelled or recovered Union Funds may be reused by Member States only for a rural development operation under the national CAP Strategic Plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment.

2018/12/10
Committee: AGRI

21 Amendments of Zbigniew KUŹMIUK related to 2018/0217(COD)

ParlTrack - 2011-2024