23 Amendments of Daciana Octavia SÂRBU related to 2018/0217(COD)
Amendment 106 #
Proposal for a regulation
Recital 11
Recital 11
(11) Involving paying agencies that have been accredited by the Member States is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant CAP Strategic Plans will be reached by the interventions financed by the Union's budget. It should, therefore, be explicitly provided in this Regulation that only expenditure effected by accredited paying agencies can be reimbursed from the Union's budget. In addition, the expenditure financed by the Union for the interventions referred to in the CAP Strategic Plan Regulation should have a corresponding output regarding and should comply with the basic Union requirements and the governance systems.
Amendment 107 #
Proposal for a regulation
Recital 14
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.
Amendment 119 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) 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. The initial amount of the agricultural reserve in 2021 should be set up in the budget of the common agricultural policy. Article 12(2)(d) of Regulation(EU, Euratom) 2018/1046 foresees that non- committed appropriations may be carried over to the following financial year only. 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).
Amendment 140 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should send the annual accounts and an annual performance report on the implementation of the CAP Strategic Plan to the Commission by 15 Februaryth of June, N+1. Where these documents are not sent, thus preventing the Commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure against reported outputs, the Commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received.
Amendment 152 #
Proposal for a regulation
Recital 30
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, and where the Member State cannot provide duly justified reasons, the Commission should be empowered to request the Member State concerned to take the necessary remedial actions in accordance withpresent an action plan to be established in consultation with the Commission and containing clear progress indicators, by means of an implementing act. The action plan shall describe the necessary remedial actions and the expected timeframe for its execution. Where the Member State fails to submit or to implement the action plan or where it becomes evident that 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.
Amendment 162 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Member States shall request recovery from the beneficiary following the occurrence of irregularities and other cases of non-compliance to the conditions of the interventions referred to in the CAP Strategic Plans. However, the cost of implementing those procedures may also be disproportionate to the amounts which are or may be collected. Consequently, Member States should be permitted to halt recovery procedures in certain cases.
Amendment 234 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Paying agencies shall be departments or bodies of the Member States responsible for the management and control of expenditure referred in Article 5(2) and Article 6. They shall be responsible, in particular, for the drawn up and submission of the annual performance report referred in article 121(1) of Regulation (EU) …/…[CAP Strategic Plan Regulation].
Amendment 243 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 5
Article 8 – paragraph 2 – subparagraph 5
Member States shall not appoint any new additional paying agency after the date of entry into force of this Regulation, except in case of administrative reorganization in the Member State.
Amendment 271 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The deadline of 15 February referred to in the first subparagraph may be exceptionally extended by the Commission to 1 March, upon request by the Member State concerned, as provided for in the second subparagraph Article 63(7) of the Financial Regulation. By derogation of the first paragraph and of subparagraph 3(c), of this article, for the performance reporting on the realised results and distance to respective targets, the deadline may be extended until 30th of June, at the latest.
Amendment 319 #
A reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or in the case of crises affecting the agricultural production or distribution (“the agricultural reserve”) shall be established at the beginning of each year in the EAGF. The initial amount of the agricultural reserve in 2021 shall be set up in the budget of the common agricultural policy.
Amendment 353 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
The amount of the agricultural reserve shall be at least EUR 400 million in current prices at the beginning of each year of the period 2021-2027. The Commission may propose to adjust the amount of the annual reserve through the annual budgetary procedure or may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year, and taking into account the available appropriations under the EAGF.
Amendment 454 #
Proposal for a regulation
Article 32 – paragraph 1
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 seconthird year following that of the budget commitment.
Amendment 457 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. In the event of legal proceedings or of an administrative appeal having suspensory effect, the period for automatic decommitment referred to in paragraph 1 or 2 shall, in respect of the amount relating to the operations concerned, be interrupted for the duration of those proceedings or that administrative appeal, provided that the Commission receives a substantiated notification from the Member State by 31 January of year N + 34.
Amendment 465 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1 – point a
Article 32 – paragraph 4 – subparagraph 1 – point a
(a) that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the Commission at 31 December of year N + 23;
Amendment 580 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The Commission shall assess the amounts to be reduced on the basis of the difference between the annual expenditure declared for an intervention and the amount corresponding to the relevant reported output in accordance with the national CAP Strategic Plan and taking account of justifications provided by the Member State. The reductions will only affect the expenditure declared for the intervention without a corresponding output.
Amendment 587 #
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53 a Recoveries for non-compliance 1. Member States shall request recovery from the beneficiary for any undue payment following the occurrence of irregularities and other cases of non- compliance by beneficiares with the conditions of the interventions referred in the CAP Strategic Plan and bring legal proceeding to that effect as necessary. 2. 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 already and likely to be effected total more than the amount to be recovered, which condition shall be considered to have been met if: (i) the amount to be recovered from the beneficiary in the context of an individual payment for an intervention, not including interest, does not exceed EUR 100; or (ii) the amount to be recovered from the beneficiary in the context of an individual payment for an intervention, not including interest, falls between EUR 100 and EUR 250 and the Member State concerned applies a threshold equal to or higher than the amount to be recovered under its national law for not pursuing national debts; (b) where recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsiblefor the irregularity.
Amendment 595 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Commission shall assess the amounts to be excluded on the basis of the gravity of the deficiencies found taking into account the principle of proportionality.
Amendment 628 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1 a (new)
Article 57 – paragraph 3 – subparagraph 1 a (new)
In the case of penalties in the form of a reduction in the amount of aid or support, the amount of the penalty for a given year shall not exceed 100% of the amount of the aid application, payment claim or of the eligible amount to which the penalty is applied. the same maximum percentage shall apply to payments of an amount calculated on the basis of a quantity and/or the period concerned by the non- compliance.
Amendment 629 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1 b (new)
Article 57 – paragraph 3 – subparagraph 1 b (new)
In the case of a penalty in the form of a suspension, withdrawal of an approval, recognition or authorisation or in the case of the exclusion from the right to participate in or benefit from an intervention under the CAP Strategic plan, the maximum period shall be set in three consecutive years.
Amendment 631 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2 – point c a (new)
Article 57 – paragraph 3 – subparagraph 2 – point c a (new)
(c a) where the non-compliance is of a minor nature;
Amendment 740 #
Proposal for a regulation
Article 84 – paragraph 3 – point c
Article 84 – paragraph 3 – point c
(c) may, where appropriate and feasible, make use of remote sensing or the area monitoring system to carry out the on- the-spot checks referred to in point (a);
Amendment 791 #
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 1
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. The reduction shall be determined on the basis of the assessment of the importance of the non- compliance, based on the criteria established in paragraph 1 of this article, and shall not exceed 5%.
Amendment 806 #
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 4
Article 86 – paragraph 2 – subparagraph 4
Member States may provide mandatory trainingshall foresee specific training on conditionality under the farm advisory system provided for in Section 3 of Chapter 1 of Title III of Regulation (EU) …/…[CAP Strategic Plan Regulation] to the beneficiaries who have received an early warning which can be made mandatory.