5 Amendments of Anne E. JENSEN related to 2011/0288(COD)
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 477 #
Proposal for a regulation
Article 73 – paragraph 2 a (new)
Article 73 – paragraph 2 a (new)
2a. Member States may decide that an aid application or a payment claim that fulfils the requirements laid down in paragraph 1 is to remain valid for a number of years provided that beneficiaries concerned are under the obligation to report any change to the information they first submitted. The multiannual application shall however be conditional upon annual confirmation by the beneficiary.
Amendment 571 #
Proposal for a regulation
Article 93 – paragraph 3
Article 93 – paragraph 3
Amendment 621 #
Proposal for a regulation
Article 99 – paragraph 1 – subparagraph 2
Article 99 – paragraph 1 – subparagraph 2
For the calculation of those reductions and exclusions proportionate account shall be taken of the gravity and nature of the infringement found to determine the severity, extent, permanence and reoccurrence of the non-compliance found as defined in Article 99(a) as well as of the criteria set out in paragraphs 2, 3 and 4.