19 Amendments of Seán KELLY related to 2011/0288(COD)
Amendment 25 #
Proposal for a regulation
Recital 14
Recital 14
(14) The use of the agro-meteorological system and the acquisition and improvement of satellite images should provide the Commission with the means to manage the agricultural markets and, to facilitate the monitoring of agricultural expenditure and to assess and provide timely aid in the case of natural disasters.
Amendment 26 #
Proposal for a regulation
Recital 23
Recital 23
(23) The rural development programmes are financed from the Union budget on the basis of commitments in annual instalments. Member States should be able to draw on the Union funds provided for as soon as they begin the programmes. A suitably restricted prefinancing system ensuring a steady flow of funds so that payments to beneficiaries under the programmes are made at the appropriate time ishould therefore needbe prioritised.
Amendment 27 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to protect the financial interests of the Union budget, proportionate measures should be taken by Member States to satisfy themselves that transactions financed by the EAGF and the EAFRD are actually carried out and are executed correctly. Member States should also prevent, detect and deal effectively with any irregularities or non-compliance with obligations committed by beneficiaries. To this end, Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests22 should apply.
Amendment 28 #
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 penalties are contained in various sectoral agricultural regulations. Those rules should be gathered and simplified 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, 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. Where error rates are at an acceptable level, Member States should reduce on-the-spot checks proportionately.
Amendment 29 #
Proposal for a regulation
Recital 41
Recital 41
(41) The main elements of that integrated system and, in particular, the provisions concerning a computerised database, an identification system for agricultural parcels, aid applications or payment claims and a system for the identification and recording of payment entitlements should be maintained, at an appropriate level, while taking due account of the necessity not to impose undue administrative burdens on farmers and administrative bodies.
Amendment 30 #
Proposal for a regulation
Recital 44
Recital 44
(44) Under Regulation (EC) No 485/2008, Member States are to take the measures necessary to ensure effective protection of the financial interests of the Union budget, and particularly in order to check the genuineness and compliance of operations financed by the EAGF. In the interests of simplicity, clarity and rationality, the relevant provisions should be integrated into the same act. Regulation (EC) No 485/2008 should therefore be repealed.
Amendment 31 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 32 #
Proposal for a regulation
Recital 55
Recital 55
Amendment 33 #
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.
Amendment 41 #
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 – introductory part
Article 49 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to the checks carried out by Member States under national laws, regulations and administrative provisions or Article 287 of the Treaty or any check organised under Article 322 of the Treaty or based on Council Regulation (EC) No 2185/9639 , the Commission may, in exceptional circumstances, organise on- the-spot checks in Member States with a view to verifying in particular:
Amendment 42 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 3 a (new)
Article 49 – paragraph 2 – subparagraph 3 a (new)
The Commission shall reduce the frequency of on-the-spot checks in Member States where the opinion of the certification body as regards the legality and regularity of the underlying transactions indicates that the error rate is at an acceptable level.
Amendment 43 #
Proposal for a regulation
Article 54 – paragraph 2 a (new)
Article 54 – paragraph 2 a (new)
2a. 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 EUR 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 47 #
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. As regards the on-the-spot checks, the authority responsible shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part and a risk-based part in order to obtain a representative error rate, while targeting also highest errors. The number of on-the-spot checks shall be reduced proportional to risk and in order to reduce administrative burdens on both public authorities and farmers.
Amendment 48 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
Amendment 51 #
Proposal for a regulation
Article 96 – paragraph 1 – subparagraph 3
Article 96 – paragraph 1 – subparagraph 3
Amendment 363 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 2 a (new)
Article 49 – paragraph 2 – subparagraph 2 a (new)
The Commission shall reduce the frequency of on-the-spot checks in Member States where the opinion of the Certification Body as regards the legality and regularly of the underlying transactions indicates that the error rate is at an acceptable level
Amendment 460 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
Amendment 503 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. Payments referred to in the paragraph 1on an individual payment shall not be made before the verification of eligibility conditions, to be carried out by the Member States pursuant to Article 75, has been finalised in respect of that payment.
Amendment 607 #
Proposal for a regulation
Article 96 – paragraph 1 – subparagraph 3
Article 96 – paragraph 1 – subparagraph 3