[ParlTrack]

Agnès LE BRUN, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Tokia SAÏFI

Proposal for a regulation
Recital 4

(4) The Fund for European Aid to the Most Deprived (hereinafter the 'Fund') should strengthen social cohesion by contributing to the reduction of poverty in the Union by supporting national schemes that provide non-financial assistance to the most deprived persons to alleviate food ~~deprivation, homelessness and material deprivation of~~and material deprivation, particularly among the homeless and children.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Recital 7

(7) In order to set out an appropriate financial framework, the Commission should establish, by means of implementing acts, an annual breakdown of global resources by Member State using an objective and transparent method reflecting disparities in terms of poverty, relative poverty and material deprivation.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Recital 8

(8) The operational programme of each Member State should identify and justify the forms of material deprivation to be addressed, and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes. ItFood insecurity should be the form of deprivation which Member States tackle before all others. The programme should also include elements necessary to ensure its effective and efficient implementation ~~of the operational programme~~.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Recital 12

(12) In order to improve the quality and design of each operational programme and evaluate the effectiveness and efficiency of the Fund, ~~ex ante and ex post~~ evaluations should be conducted. Those evaluations should be supplemented by surveys on the most deprived persons who have benefited from the operational programme and, if necessary, by evaluations during the programming period. The responsibilities of Member States and the Commission in this respect should be specified.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX, Tokia SAÏFI

Proposal for a regulation
Recital 13

(13) Citizens have the right to know how the Union’s financial resources are invested and to what effects. For the purpose of ensuring wide dissemination of information about the achievements of the Fund and to ensure accessibility and transparency of funding opportunities, detailed rules about information and communication, especially in relation to the responsibilities of the Member States and the beneficiaries, should be set out in such a way that the dignity of the end recipients is not undermined.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX, Tokia SAÏFI

Proposal for a regulation
Recital 16

(16) Uniform ~~and~~, equitable and simple rules on the eligibility period, operations and expenditures for the Fund should be applied across the Union. The conditions of eligibility should reflect the specific nature of the Fund’s objectives and target populations, notably through simple and adequate conditions of eligibility of the operations as well as forms of support and rules and conditions of reimbursement.

2013/03/01
Committee: AGRI

Dominique RIQUET, Arnaud DANJEAN, Philippe BOULLAND, Elisabeth MORIN-CHARTIER

Proposal for a regulation
Article 6 – paragraph 1

1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 shall be ~~EUR 2 500 000 000 at 2011 prices, in accordance with the annual breakdown set out in Annex II~~not less than the 2007-2013 allocation for the European food aid programme for deprived persons.

2013/03/06
Committee: BUDG

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX, Tokia SAÏFI

Proposal for a regulation
Recital 17 a (new)

(17a) In order to ensure broad support within society for the most deprived persons and to tackle food waste, Member States should remove obstacles to the donation of food or basic consumer goods by firms to food banks, civil society organisations and other stakeholders.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Recital 19

(19) In accordance with the principle of shared management, Member States should have the primary responsibility, through their management and control system, for the implementation and control of their operational programme, while seeking at all times to improve effectiveness and reduce bureaucracy.

2013/03/01
Committee: AGRI

Elisabeth MORIN-CHARTIER

Proposal for a regulation
Recital 12

(12) In order to improve the quality and design of each operational programme and evaluate the effectiveness and efficiency of the Fund, ex ante and ex post evaluations should be conducted. Those evaluations should be supplemented by surveys, including data broken down by gender and by age, on the most deprived persons who have benefited from the operational programme and, if necessary, by evaluations during the programming period. The responsibilities of Member States and the Commission in this respect should be specified.

2013/03/01
Committee: FEMM

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX, Tokia SAÏFI

Proposal for a regulation
Recital 27

(27) Union budget commitments should be effected annually. In order to ensure effective programme management, it is necessary to lay down simple common rules for interim payment requests, the payment of the annual balance and the final balance.

2013/03/01
Committee: AGRI

Elisabeth MORIN-CHARTIER

Proposal for a regulation
Article 3

The Fund shall promote social cohesion in the Union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the Europe 2020 strategy. The Fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the Union by providing non- financial assistance to the most deprived persons. This objective shall be measured by the number of persons receiving assistance from the Fund. In order to better identify requirements and improve the Fund’s provisions for the most deprived, the Commission and the Member States shall be asked to provide beneficiary data broken down by gender and by age.

2013/03/01
Committee: FEMM

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX, Tokia SAÏFI

Proposal for a regulation
Recital 41 a (new)

(41a) In order to ensure that delays in the implementation of this Regulation at the beginning of 2014 do not lead to a sudden drop-off in food aid, the Commission should take the transitional measures necessary to guarantee that persons dependent on food aid are not at risk of food poverty.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX, Tokia SAÏFI

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation establishes the Fund for European Aid to the Most Deprived (hereinafter ‘the Fund’) for the period from 1 January 2014 to 31 December 2020 and determines the objectives of the Fund, the scope of its support, the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure th~~e effectiveness of the Fund~~at the Fund is effective and easy to implement.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX, Tokia SAÏFI

Proposal for a regulation
Article 2 – point 2

(2) '‘partner organisations'’ means public bodies or non-for-profit organisations that deliver the food orand possibly other essential goods directly or through other partner organisations to the most deprived persons, and whose operations have been selected by the managing authority in accordance with Article 29(3)(b);

2013/03/01
Committee: AGRI

Elisabeth MORIN-CHARTIER

Proposal for a regulation
Article 5 – paragraph 8

(8) The Commission and the Member States shall ensure the effectiveness of the Fund, in particular through monitoring, reporting and evaluation, providing details broken down by gender and by age.

2013/03/01
Committee: FEMM

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX, Tokia SAÏFI

Proposal for a regulation
Article 3

The Fund shall promote social cohesion in the Union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the Europe 2020 strategy. The Fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the Union, and first and foremost food insecurity, by providing non- financial assistance to the most deprived persons. This objective shall be measured by the number of persons receiving assistance from the Fund.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Tokia SAÏFI

Proposal for a regulation
Article 4 – paragraph 1

1. The Fund shall support national schemes whereby food products and basic consumer goods for the personal use of the most deprived persons, in particular homeless persons or of children, are distributed ~~to the most deprived persons~~ through partner organisations selected by Member States.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 5 – paragraph 9

(9) The Commission and the Member States shall carry out their respective roles in relation to the Fund ~~with the aim~~, placing greater emphasis ofn reducing the administrative burden for beneficiaries.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX, Tokia SAÏFI

Proposal for a regulation
Article 6 – paragraph 1

1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 shall be EUR 23 500 000 000 at 2011 prices, in accordance with the annual breakdown set out in Annex II.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 8 – paragraph 1

1. The Commission shall assess the consistency of the operational programme with this Regulation and its contribution to the objectives of the Fund~~, taking into account the ex ante evaluation carried out in accordance with Article 14~~.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 11 – paragraph 2

~~2. The Member States shall draft the annual implementation report in accordance with the template adopted by the Commission, including the list of common input and outcome indicators.~~deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 11 – paragraph 3

3. The annual implementation reports shall be admissible where they contain all the information required in accordance with the template referred in paragraph 2, including the common indicators. The Commission shall inform the Member State concerned within 15 working days from the date of receipt of the annual implementation report if it is not admissible. Where the Commission has not sent that information within the time limit, the report shall be deemed admissible.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 2

~~The Member States shall draft the final implementation report in accordance with the template adopted by the Commission.~~deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 11 – paragraph 6

6. The Commission shall adopt the template for the annual implementation report~~, including the list of common indicators~~ and for the final implementation report by means of implementing act. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 60(2).

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 11 – paragraph 7

7. The Commission may address observations to a Member State concerning the implementation of the operational programme. ~~The managing authority shall within three months inform the Commission of the corrective measures taken.~~

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 11 – paragraph 8

~~8. The managing authority shall make public a summary of the contents of each annual and final implementation report.~~deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 13 – paragraph 1

1. 1. Member States shall provide the resources necessary for carrying out evaluations, and shall ensure that procedures are in place to produce and collect the data necessary for evaluations~~, including data related to the common indicators referred to in Article 11~~.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 14

Article 14 Ex ante evaluation 1. Member States shall carry out an ex ante evaluation of the operational programme. 2. The ex ante evaluation shall be carried out under the responsibility of the authority responsible for preparing the operational programmes. It shall be submitted to the Commission at the same time as the operational programme, together with an executive summary. 3. Ex ante evaluations shall appraise the following elements: (a) the contribution to the Union objective of at least 20 million fewer people at risk of poverty and social exclusion by 2020, having regard to the selected type of material deprivation to be addressed, taking into account national circumstances in terms of poverty and social exclusion and material deprivation; (b) the internal coherence of the proposed operational programme and its relation with other relevant financial instruments; (c) the consistency of the allocation of budgetary resources with the objectives of the operational programme; (d) contribution of the expected outputs to the results; (e) the suitability of the procedures for monitoring the operational programme and for collecting the data necessary to carry out evaluations.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 15 – paragraph 2

2. The managing authority shall carry out a structured survey on end recipients in 2017 and 2021, in accordance with the template provided by the Commission. The Commission shall adopt the template by means of an implementing act. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 60(2).deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND

Proposal for a regulation
Article 15 – paragraph 3

3. The Commission may carry out, at its own initiative, evaluation of operational programmes where it has evidence suggesting any irregularity in their implementation.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 25 a (new)

Article 25a 1. Member States shall carry out administrative and physical checks to ensure that operational programmes are implemented in compliance with the applicable rules and shall establish the penalties applicable in the event of irregularities. 2. Member States shall fulfil the management, control and audit obligations and assume the resulting responsibilities laid down in the rules on shared management set out in the Financial Regulation and this Regulation. 3. Member States shall prevent, detect and correct irregularities and shall recover amounts unduly paid, together with any interest on late payments. 4. Member States shall establish and implement a procedure for the independent examination and resolution of complaints concerning the selection or implementation of operations cofinanced by the Fund.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 26

Article 26 General principles of Member State management and control systems Management and control systems shall provide for: (a) a description of the functions of each body concerned in management and control, and the allocation of functions within each body; (b) compliance with the principle of separation of functions between and within such bodies; (c) procedures for ensuring the correctness and regularity of expenditure declared; (d) computerised systems for accounting, for the storage and transmission of financial data and data on indicators, for monitoring and for reporting; (e) systems for reporting and monitoring where the responsible body entrusts execution of tasks to another body; (f) arrangements for auditing the functioning of the management and control systems; (g) systems and procedures to ensure an adequate audit trail; (h) the prevention, detection and correction of irregularities, including fraud, and the recovery of amounts unduly paid, together with any interest;deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 28

Article 28 Designation and organisation of management and control bodies 1. The Member State shall designate a national public authority or body as managing authority. 2. The Member State shall designate a national public authority or body as a certifying authority, without prejudice to paragraph 3. 3. The Member State may designate a managing authority which carries out in addition the functions of the certifying authority. 4. The Member State shall designate a national public authority or body, functionally independent from the managing authority and the certifying authority, as audit authority. 5. Provided that the principle of separation of functions is respected, the managing authority, the certifying authority, where applicable, and the audit authority may be part of the same public authority or body. 6. The Member State may designate one or more intermediate bodies to carry out certain tasks of the managing or the certifying authority under the responsibility of that authority. The relevant arrangements between the managing authority or certifying authority and the intermediate bodies shall be formally recorded in writing. 7. The Member State or the managing authority may entrust the management of part of the operational programme to an intermediate body by way of an agreement in writing between the intermediate body and the Member State or managing authority. The intermediate body shall provide guarantees of its solvency and competence in the domain concerned, as well as its administrative and financial management. 8. The Member State shall lay down in writing rules governing its relations with the managing authority, certifying authority and audit authority, the relations between such authorities, and the relations of such authorities with the Commission.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 29

Article 29 Functions of the managing authority 1. The managing authority shall be responsible for managing the operational programme in accordance with the principle of sound financial management. 2. As regards the management of the operational programme, the managing authority shall: (a) draw up and submit to the Commission annual and final implementation reports; (b) make available to intermediate bodies and beneficiaries information that is relevant to the execution of their tasks and the implementation of operations respectively; (c) establish a system to record and store in computerised form data necessary for monitoring, evaluation, financial management, verification and audit; (d) ensure that the data referred to in point (c) is collected, entered and stored in the system, in compliance with the provisions Directive 95/46/CE. 3. As regards the selection of operations, the managing authority shall: (a) Draw up and apply appropriate selection procedures and criteria that are non-discriminatory and transparent; (b) ensure that the selected operation: (i) falls within the scope of the Fund and the operational programme; (ii) fulfils the criteria set out in the operational programme and in Articles 20, 21 and 24; (iii) takes into account the principles set out in Article 5(10), (11) and (12). (c) provide to the beneficiary a document setting out the conditions for support of each operation including the specific requirements concerning the products or services to be delivered under the operation, the financing plan, and the time-limit for execution; (d) satisfy itself that the beneficiary has the administrative, financial and operational capacity to fulfil the conditions defined in point (c) before approval of the operation; (e) satisfy itself that, where the operation has started before the submission of an application for funding to the managing authority, Union and national rules relevant for the operation have been complied with; (f) determine the type of material assistance to which the expenditure of an operation shall be attributed. 4. As regards the financial management and control of the operational programme, the managing authority shall: (a) verify that the co-financed products and services have been delivered and that expenditure declared by the beneficiaries has been paid by them and that it complies with applicable Union and national law, the operational programme and the conditions for support of the operation; (b) ensure that beneficiaries involved in the implementation of operations reimbursed pursuant to Article 23(1)(a) maintain either a separate accounting system or an adequate accounting code for all transactions relating to an operation; (c) put in place effective and proportionate anti-fraud measures taking into account the risks identified; (d) set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements of Article 26(g); (e) draw up the management declaration and annual summary referred to in Article 56 (5) (a) and (b) of the Financial Regulation. 5. Verifications pursuant to paragraph 4(a) shall include the following procedures: (a) administrative verifications in respect of each application for reimbursement by beneficiaries; (b) on-the-spot verifications of operations. The frequency and coverage of the on- the-spot verifications shall be proportionate to the amount of public support to an operation and the level of risk identified by these verifications and audits by the audit authority for the management and control system as a whole. 6. On-the-spot verifications of individual operations pursuant to paragraph (5)(b) may be carried out on a sample basis. 7. Where the managing authority is also a beneficiary under the operational programme, arrangements for the verifications referred to in paragraph 4(a) shall ensure adequate separation of functions. 8. The Commission shall adopt delegated acts, in accordance with Article 59, laying down the modalities of the exchange of information in paragraph 2(c). 9. The Commission shall adopt delegated acts, in accordance with Article 59, laying down rules concerning arrangements for the audit trail referred to in paragraph 4(d). 10. The Commission shall adopt, by means of implementing acts, the template for the management declaration referred to in paragraph 4(e). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 60(2).deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 32

Article 32 Procedure for designation of the managing and the certifying authorities 1. Member states shall notify to the Commission the date and form of the designation of the managing authority and, where appropriate the certifying authority, within six months of the adoption of decision adopting the operational programme. 2. The designation referred to in paragraph 1 shall be based on a report and an opinion of an independent audit body that assesses the management and control system, including the role of intermediate bodies therein, and its compliance with Articles 26, 27, 29 and 30, in accordance with criteria on internal environment, control activities, information and communication, and monitoring established by the Commission by means of delegated act in accordance with Article 59. 3. The independent body shall carry out its work in accordance with internationally accepted audit standards. 4. Member States may decide that a managing authority or a certifying authority which has been designated in relation to an ESF co-financed operational programme pursuant to Regulation (EU) No [CPR] is deemed to be designated for the purposes of this Regulation. The Commission may request, within two months of receipt of the notification referred to in paragraph 1, the report and the opinion of the independent audit body and the description of the management and control system. The Commission may make observations within two months of receipt of those documents. 5. The Member State shall supervise the designated body and withdraw its designation by formal decision if one or more of the criteria referred to in paragraph 2 are no longer met, unless the body takes the necessary remedial actions within a period of probation to be determined by the Member State according to the severity of the problem. The Member State shall notify the Commission immediately of the setting of any probation period for a designated body and of any withdrawal decision.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 33

Article 33 Commission powers and responsibilities 1. The Commission shall satisfy itself on the basis of available information, including the information on the designation of the managing authority and the certifying authority, annual management declaration, annual control reports, annual audit opinion, annual implementation report and audits carried out by national and Union bodies, that the Member States have set up management and control systems that comply with this Regulation and that these systems function effectively during the implementation of operational programme. 2. Without prejudice to audits carried out by Member States, Commission officials or authorised Commission representatives may carry out on-the-spot audits or checks upon giving adequate prior notice. The scope of such audits or checks may include, in particular, verification of the effective functioning of management and control systems in an operational programme or a part thereof, operations and assessment of the sound financial management of operations or operational programme. Officials or authorised representatives of the Member State may take part in such audits. Commission officials or authorised Commission representatives, duly empowered to carry out on-the-spot audits, shall have access to all records, documents and metadata, irrespective of the medium in which they are stored, relating to operations supported by the Fund or to management and control systems. Member States shall provide copies of such records, documents and metadata to the Commission upon request. The powers set out in this paragraph shall not affect the application of national provisions which reserve certain acts for agents specifically designated by national legislation. Commission officials and authorised representatives shall not take part, inter alia, in home visits or the formal questioning of persons within the framework of national legislation. However, they shall have access to the information thus obtained. 3. The Commission may require a Member State to take the actions necessary to ensure the effective functioning of their management and control systems or the correctness of expenditure in accordance with this Regulation. 4. The Commission may require a Member State to examine a complaint submitted to the Commission concerning the implementation of operations co- financed by the Fund or the functioning of the management and control system.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 34

Article 34 Cooperation with audit authority 1. The Commission shall cooperate with audit authorities to coordinate their audit plans and methods and shall immediately exchange the results of audits carried out on management and control systems. 2. The Commission and the audit authority shall meet on a regular basis and at least once a year, unless otherwise agreed, to examine the annual control report, the opinion and the audit strategy, and to exchange views on issues relating to improvement of the management and control systems.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 48

Article 48 Availability of documents 1. The managing authority shall ensure that all supporting documents on operations are made available to the Commission and the European Court of Auditors upon request for a period of three years. This three year period shall run from 31 December of the year of the decision on acceptance of accounts by the Commission pursuant to Article 47 or, at the latest, from the date of payment of the final balance. This three year period shall be interrupted either in the case of legal or administrative proceedings or by a duly justified request of the Commission. 2. The documents shall be kept either in the form of the originals, or certified true copies of the originals, or on commonly accepted data carriers including electronic versions of original documents or documents existing in electronic version only. 3. The documents shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 59 to set out which data carriers can be considered as commonly accepted. 5. The procedure for certification of conformity of documents held on commonly accepted data carriers with the original document shall be laid down by the national authorities and shall ensure that the versions held comply with national legal requirements and can be relied on for audit purposes. 6. Where documents exist in electronic version only, the computer systems used must meet accepted security standards that ensure that the documents held comply with national legal requirements and can be relied on for audit purposes.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Elisabeth MORIN-CHARTIER, Dominique VLASTO, Philippe BOULLAND, Brice HORTEFEUX

Proposal for a regulation
Article 60 a (new)

Article 60a The Commission shall take the necessary financial and regulatory measures, if need be through budgetary redeployment, early pre-financing or prolongation of Regulation (EC) No 121/2012, in order to ensure the continuity of the MDP from 2013 to 2014 in the event of delays in the implementation of this regulation.

2013/03/01
Committee: AGRI

Activities of Elisabeth MORIN-CHARTIER related to 2012/0295(COD)

Plenary speeches (1)

Amendments (40)

ParlTrack - 2011-2024