BETA

85 Amendments of Jarosław WAŁĘSA related to 2011/0380(COD)

Amendment 182 #
Proposal for a regulation
Recital 9
(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield, by 2015 wherever possible, and not later than 201520. The CFP shall implement the precautionary and eco- system approaches to fisheries management. Consequently the EMFF should contribute to the protection of the marine environment as set out in the Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)
2013/01/17
Committee: PECH
Amendment 222 #
Proposal for a regulation
Recital 32
(32) Investment in human capital is also vital to increase the competitiveness and economic performance of fishing and maritime activities. Therefore, the EMFF should support lifelong learning, vocational training, young people’s access to careers in fishing, co- operation between scientists and fishermen stimulating the dissemination of knowledge as well as for advisory services helping to improve the overall performance and competitiveness of operators.
2013/01/17
Committee: PECH
Amendment 260 #
Proposal for a regulation
Recital 37
(37) As a resulIn the event of the establishment of systems of transferable fishing concessions envisaged in Article 27 of the [CFP Regulation] and in order to support Member States in the implementation of these new systems, the EMFF should grant support in terms of capacity building and exchange of best practices.
2013/01/17
Committee: PECH
Amendment 313 #
Proposal for a regulation
Recital 43
(43) In line with the discard ban introduced by the CFP, the EMFF should support investments on board aiming at make the best use of unwanted fish caught and valorise underused components of the fish caught. Considering the scarcity of the resources, in order to maximise the value of the fish caught, the EMFF should also support investments on board aiming at adding commercial value to fish caught.
2013/01/17
Committee: PECH
Amendment 484 #
Proposal for a regulation
Article 3 – paragraph 2 – point 6
(6) 'fisherman' means any person engaging in professional fishing, as recognised by the Member State, on board of an operational fishing vessel orrecognised by the Member State who is engaginged in professional harvesting of marine organisms, as recognised by the Member State, without a vesselfishing or aquaculture;
2013/01/17
Committee: PECH
Amendment 592 #
Proposal for a regulation
Article 6 – paragraph 1 – point 1 – point b
(b) diversification of marine fisheries activities into other sectors of maritime economy and growth of maritim, inland fisheries and aquaculture activities into other sectors of the economy, including mitigation of climate changes.
2013/01/17
Committee: PECH
Amendment 705 #
Proposal for a regulation
Article 7 – paragraph 2
2. Measures covered by Title VI with the exception ofunder the Integrated Maritime Policy and the technical assistance under Article 92 shall be financed by the EMFF in accordance with the principle of directshared management between the Member States and the Union.
2013/01/17
Committee: PECH
Amendment 792 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) experimental fishing;deleted
2013/01/17
Committee: PECH
Amendment 802 #
Proposal for a regulation
Article 13 – paragraph 1 – point f
(f) direct restocking, unless explicitly foreseen as a conservation measure by a Union legal act or in the case of experimental restocking.deleted
2013/01/17
Committee: PECH
Amendment 843 #
Proposal for a regulation
Article 15 – paragraph 6 a (new)
6a. A maximum of 30% of the resources allocated under Article 16 shall be used to fund the Integrated Maritime Policy referred to in Title V Chapter VIII.
2013/01/17
Committee: PECH
Amendment 848 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Resources to fund the Integrated Maritime Policy shall not exceed 7% of the EMFF’s total budgetary resources
2013/01/17
Committee: PECH
Amendment 850 #
Proposal for a regulation
Article 17 – paragraph 1 – point a – point i
(i) the level of employment in fisheries and aquacultureincluding the units taken out of operation under the FIFG 2004-2006 and the EFF 2007-2013, and aquaculture and processing,
2013/01/17
Committee: PECH
Amendment 854 #
Proposal for a regulation
Article 17 – paragraph 1 – point a – point ii
(ii) the level of production in fisheries and aquaculture, and including the units taken out of operation under the FIFG 2004-2006 and the EFF 2007-2013 and aquaculture and processing
2013/01/17
Committee: PECH
Amendment 865 #
Proposal for a regulation
Article 17 – paragraph 1 – point b – point iv
(iv) the available data collection resources compared to the extent of the data collection tasks of the Member State, where available means are approximated to the number of observers at sea and the amount of human resources and technical means needed to implement the national sampling programme for data collection.
2013/01/17
Committee: PECH
Amendment 868 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) As regards all measures, the historical allocations and consumption of funds under Council Regulation (EC) No 1198/2006 in the period 2007-2013 and the historical consumption under Council Regulation (EC) No 861/2006..
2013/01/17
Committee: PECH
Amendment 869 #
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) As regards aquaculture measures, historical allocations should be increased in line with the aims of the Common Fisheries Policy to ensure the development of a sustainable and competitive European aquaculture sector, including freshwater aquaculture.
2013/01/17
Committee: PECH
Amendment 1484 #
Proposal for a regulation
Article 42 – paragraph 1 – point b
(b) in equipment as referred to in Article 367 and under the conditions set out in that Article;
2013/01/17
Committee: PECH
Amendment 1486 #
Proposal for a regulation
Article 42 – paragraph 1 – point d
(d) on exfisthing ports, shelters and landing sites as referred to in Article 41 and under the conditions set out in that Article.
2013/01/17
Committee: PECH
Amendment 1490 #
Proposal for a regulation
Article 42 – paragraph 1 – point d a (new)
(d a) on investments improving the value or quality of the fish caught as referred to in Article 40 and under the conditions set out in that Article.
2013/01/17
Committee: PECH
Amendment 1492 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
1 a. The EMFF may provide support for investments relating to start-up for young fishermen as referred to in Article 32b and under the same conditions as set out in that Article except for the requirement under Article 32b (2)(b).
2013/01/17
Committee: PECH
Amendment 1494 #
Proposal for a regulation
Article 42 – paragraph 2 – point a
(a) References made in Articles 33, 367, 39 and 3940 to fishing vessels shall be understood as references to vessels operating exclusively in inland water;
2013/01/17
Committee: PECH
Amendment 1496 #
Proposal for a regulation
Article 42 – paragraph 2 – point b
(b) References made in Article 367 to the marine environment shall be understood as references to the environment in which the inland fishing vessel operates.
2013/01/17
Committee: PECH
Amendment 1499 #
Proposal for a regulation
Article 42 – paragraph 3
3. In order to sustain diversification by inland fishermen, the EMFF may support the reassignment of vessels operating indiversification of inland fishing activities to other activities outside fishing under the conditions of Articles 32 and 32a of this Regulation.
2013/01/17
Committee: PECH
Amendment 1502 #
Proposal for a regulation
Article 42 – paragraph 4
4. For the purposes of paragraph 3, references made in Article 32 and Article 32a to fishing vessels shall be understood as references to vessels operating exclusively in inland water.
2013/01/17
Committee: PECH
Amendment 1503 #
Proposal for a regulation
Article 42 – paragraph 4 a (new)
4 a. In order to stimulate innovativeness, competitiveness and environmental sustainability of inland fishing, the EMFF may support the development and facilitation of new innovations under the conditions of Articles 28 and 36 of this Regulation and the advisory services in inland fishing under the conditions of Article 29 of this Regulation. Furthermore, the EMFF may support the networking between scientist and fishermen and promoting of human capital and social dialogue under the conditions of Article 30 and 31 of this regulation, respectively.
2013/01/17
Committee: PECH
Amendment 1505 #
Proposal for a regulation
Article 42 – paragraph 5
5. In order to protect and develop aquatic fauna and flora, the EMFF may support the participation of inland fishermen in managing, restoring and monitoring NATURA 2000 sites where these areas directly concern fishing activities as well as the rehabilitation of inland waters, including spawning grounds and migration routes for migratory species, without prejudice of Article 38(1)(d).:
2013/01/17
Committee: PECH
Amendment 1507 #
Proposal for a regulation
Article 42 – paragraph 5 – point a (new)
(a) the management, restoration and monitoring of inland fisheries areas, including NATURA 2000 sites, which are affected by fishing activities and the rehabilitation of inland waters in line with Directive 60/2000/EU, including spawning grounds and migration routes for migratory species, without prejudice of Article 38(1)(d);
2013/01/17
Committee: PECH
Amendment 1508 #
Proposal for a regulation
Article 42 – paragraph 5 – point b (new)
(b) the construction, modernization or installation of static or movable facilities intended to protect and enhance aquatic fauna and flora including their scientific preparation, monitoring and evaluation;
2013/01/17
Committee: PECH
Amendment 1509 #
Proposal for a regulation
Article 42 – paragraph 5 – point c (new)
(c) Investments to improve fish control activities; development and installation of control systems
2013/01/17
Committee: PECH
Amendment 1521 #
Proposal for a regulation
Article 44 – paragraph 1
1. Support under this Chapter shall be limited to aquaculture enterprises unless otherwise expressly established, unless otherwise expressly established, be granted to aquaculture enterprises, including entrepreneurs entering the sector as stipulated in paragraph 2.
2013/01/17
Committee: PECH
Amendment 1528 #
Proposal for a regulation
Article 44 – paragraph 1 a (new)
1 a. Entrepreneurs entering the sector for the purpose of this Article shall provide a business plan and, where the cost of investments is more than 50,000 euros a feasibility study.
2013/01/17
Committee: PECH
Amendment 1533 #
Proposal for a regulation
Article 44 – paragraph 2
2. Where operations consist of investments in equipment or infrastructure ensuring compliance with requirements on the environment, human or animal health, hygiene or animal welfare under Union law, and entering into force after 2014,support may be granted until the date on which the standards become mandatory for the enterprises.
2013/01/17
Committee: PECH
Amendment 1538 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
1. In order to stimulate innovation in aquaculture, the EMFF may support operationsprojects aiming at:
2013/01/17
Committee: PECH
Amendment 1541 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
(a) introducing new technical or organisdeveloping technical innovational or knowledge in aquaculture farms whichwhich in particular reduces their impact on the environment or, fosters a more sustainable use of resources, in aquaculturemproves animal welfare, facilitates new sustainable production methods;
2013/01/17
Committee: PECH
Amendment 1547 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
(b) developing or introducing in the market new or substantially improved products compared to the state of art, new aquaculture species with good market potential, new or improved processes, new or improved management and organisation systems.
2013/01/17
Committee: PECH
Amendment 1551 #
Proposal for a regulation
Article 45 – paragraph 1 – point b a (new)
(b a) exploring the technical or economic feasibility of innovations, products or processes.
2013/01/17
Committee: PECH
Amendment 1556 #
Proposal for a regulation
Article 45 – paragraph 2
2. Operations under this Article mustshall be carried out by or in collaboration with apublic or private scientific or technical bodyies as recognised by the national law of each Member State which shall validate the results of such operations.
2013/01/17
Committee: PECH
Amendment 1566 #
Proposal for a regulation
Article 46 – title
IProductive investments in off-shore and non-food aquaculture
2013/01/17
Committee: PECH
Amendment 1572 #
Proposal for a regulation
Article 46 – paragraph 1
1. In order to foster forms of aquaculture with high growth potential, the EMFF may support investment in the development of off-shore or non food aquaculture.The EMFF may support:
2013/01/17
Committee: PECH
Amendment 1578 #
Proposal for a regulation
Article 46 – paragraph 1 – point a (new)
(a) productive investments in aquaculture;
2013/01/17
Committee: PECH
Amendment 1581 #
Proposal for a regulation
Article 46 – paragraph 1 – point b (new)
(b) diversification of aquaculture production and species cultured;
2013/01/17
Committee: PECH
Amendment 1584 #
Proposal for a regulation
Article 46 – paragraph 1 – point c (new)
(c) modernization of aquaculture units including improvement in working and safety conditions of aquaculture workers;
2013/01/17
Committee: PECH
Amendment 1588 #
Proposal for a regulation
Article 46 – paragraph 1 – point d (new)
(d) improvements and modernization related to animal health and welfare including the purchase of equipment aiming at protecting the farms from wild predators;
2013/01/17
Committee: PECH
Amendment 1590 #
Proposal for a regulation
Article 46 – paragraph 1 – point e (new)
(e) reducing negative impact or enhancing positive effects on the environment and increasing resource efficiency;
2013/01/17
Committee: PECH
Amendment 1593 #
Proposal for a regulation
Article 46 – paragraph 1 – point f (new)
(f) investments in enhancing quality of aquaculture product;.
2013/01/17
Committee: PECH
Amendment 1596 #
Proposal for a regulation
Article 46 – paragraph 1 – point g (new)
(g) restoration of existing aquaculture ponds or lagoons through removal of silt, or possible measures aimed at the prevention of silt deposit;
2013/01/17
Committee: PECH
Amendment 1598 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
1 a. Support under paragraph 1 may be given for the increase in production and or modernization of existing aquaculture enterprises or the construction of new ones provided that the development is consistent with the multi annual national strategic plan for the development of Aquaculture.
2013/01/17
Committee: PECH
Amendment 1808 #
Proposal for a regulation
Article 57 – paragraph 3
3. Support shall only be granted for aquaculture stock insurance contracts or mutual funds which cover economic losses under paragraph 1 exceeding 30% of the average annual production of the aquaculture farmer.
2013/01/17
Committee: PECH
Amendment 1866 #
Proposal for a regulation
Article 65 – paragraph 1 – point b
(b) supporting diversification and job creation in fisheries areas, in particular in other maritime sectors and improving working conditions in fisheries areas;
2013/01/17
Committee: PECH
Amendment 2017 #
Proposal for a regulation
Article 72 – paragraph 1 – point d a (new)
d a) for the improvement of working conditions;
2013/01/17
Committee: PECH
Amendment 2025 #
Proposal for a regulation
Article 72 – paragraph 1 – point d b (new)
d b) for the improvement and monitoring of public health, hygiene conditions or product quality;
2013/01/17
Committee: PECH
Amendment 2031 #
Proposal for a regulation
Article 72 – paragraph 1 – point d c (new)
d c) for the production of high-quality products for niche markets;
2013/01/17
Committee: PECH
Amendment 2035 #
Proposal for a regulation
Article 72 – paragraph 1 – point d d (new)
d d) for the production or placing on the market of new products, the use of new technologies or the development of innovative production methods;
2013/01/17
Committee: PECH
Amendment 2038 #
Proposal for a regulation
Article 72 – paragraph 1 – point d e (new)
d e) placing on the market of products sourced mainly from local landings and local aquaculture.
2013/01/17
Committee: PECH
Amendment 2122 #
Proposal for a regulation
Article 79 a (new)
Article 79a Specific objectives 1. The aim of the funding provided for under this Chapter shall be to support the development and implementation of the Integrated Maritime Policy, including: (a) integrated maritime surveillance (IMS), in particular the development of the Common Information Sharing Environment (CISE), (b) promoting the protection of the marine environment, in particular its biodiversity and protected marine areas such as Natura 2000 areas, beyond what is stipulated in Article 35, and the sustainable use of marine and coastal resources, and specifying the limits of sustainable human activities which affect the marine environment in line with the Marine Strategy Framework Directive; (c ) marine spatial planning and integrated coastal zone management; (d) promoting an integrated approach to maritime affairs and increased awareness of maritime affairs among the public, public bodies and the private sector. 2. The modification of an operational programme shall not result in any changes to the allocation of resources referred to in Article 15(7)
2013/01/17
Committee: PECH
Amendment 2124 #
Proposal for a regulation
Article 79 b (new)
Article 79b Eligible operations 1. Support may be granted under the EMFF for operations which comply with the objectives set out in Article 79a, such as: (a) actions which allow the objectives of integrated maritime surveillance to be achieved, in particular the CISE objectives; (b) protection of the marine environment, in particular its biodiversity and protected marine areas, such as Natura 2000 areas in line with the obligations arising under Directives 92/43/EEC and 2009/14/EC; (c) gathering more information about the state of the marine environment in order to put in place the monitoring programmes and funding provided for under the Marine Strategy Framework Directive, in line with the requirements set out in this Directive; (d) actions which promote the development and implementation of marine spatial planning and integrated coastal zone management; (e) information and promotion activities. 2. The remuneration of persons employed in national administrations shall not be deemed an eligible operational cost.
2013/01/17
Committee: PECH
Amendment 2200 #
Proposal for a regulation
Article 92 – paragraph 1 – point b
(b) the establishment of national networks aiming at disseminating information, capacity building, exchanging best practice and supporting cooperation between the FLAGs in their territory.
2013/01/17
Committee: PECH
Amendment 2201 #
Proposal for a regulation
Article 92 – paragraph 3
3. Costs of certification body shall not be eligible under paragraph 1.deleted
2013/01/17
Committee: PECH
Amendment 2222 #
Proposal for a regulation
Article 95 – paragraph 1
1. Member States shallmay apply a maximum intensity of public aid of 50% of the total eligible expenditure of the operation.
2013/01/17
Committee: PECH
Amendment 2224 #
Proposal for a regulation
Article 95 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, Member States shallmay apply an intensity of public aid of 100% of the eligible public expenditure of the operation where::
2013/01/17
Committee: PECH
Amendment 2230 #
Proposal for a regulation
Article 95 – paragraph 2 – point d a (new)
(da) the operation is related to premiums under Article 33A, or Article 33B and compensations under Article 53, 54 or 55.
2013/01/17
Committee: PECH
Amendment 2233 #
Proposal for a regulation
Article 95 – paragraph 2 – point d b (new)
(db) the operation is related to the integrated maritime policy measures referred to in Article 79 ter.
2013/01/17
Committee: PECH
Amendment 2236 #
Proposal for a regulation
Article 95 – paragraph 3 – introductory part
3. By way of derogation from paragraph 1, Member States may apply an intensity of public aid between 50% and maximum 100% of the total eligible expenditure when the operation is implemented under Chapter III, II and IV of Title V and fulfils oneall of the following criteria:
2013/01/17
Committee: PECH
Amendment 2237 #
Proposal for a regulation
Article 95 – paragraph 3 – point b
(b) collective beneficiary;deleted
2013/01/17
Committee: PECH
Amendment 2238 #
Proposal for a regulation
Article 95 – paragraph 3 – point c
(c) public access to the results of the operation; according to Article 143.
2013/01/17
Committee: PECH
Amendment 2239 #
Proposal for a regulation
Article 95 – paragraph 3 – point d
(d) innovative features of the project at local level.deleted
2013/01/17
Committee: PECH
Amendment 2447 #
Proposal for a regulation
Article 98 - paragraph 2- subparagraph 2
The Commission shall exercise the empowerment in full respect of the principle of proportionality and taking into account the risk that the non- compliance with the respective CFP rules constitutes a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, the sustainability of the stocks concerned or the conservation of the marine environment.deleted
2013/06/07
Committee: PECH
Amendment 2448 #
Proposal for a regulation
Article 100 - paragraph 1
1. In addition to Article 135 of [Regulation (EU) No [...] laying down Common Provisions], the Member States shall in the first instance be responsible also for investigatcarry out the financial corrections required ing the cases of non-compliance with rules applicable under the Common Fisheries Policyevent of failure to comply with the provisions of Article 98.
2013/06/07
Committee: PECH
Amendment 2450 #
2. For the cases of financial corrections applied on expenditure directly linked to the non-compliance with Article 98, tThe Member States shall decide the amount of a correction taking into account the gravity of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non- compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary.
2013/06/07
Committee: PECH
Amendment 2452 #
Proposal for a regulation
Article 102 - paragraph 1
1. In addition to Article 134 of [Regulation (EU) No [...] laying down Common Provisions], the Commission may suspend, by means of an implementing act, all or part of the interim payments of the operational programme where the Commission has adopted a decision by means of an implementing act recognisingit has been ascertained that a Member State has failed to comply with its obligations under the Common Fisheries Policy. Such non compliance shall be liable to affect the expenditure contained in a certified statement of expenditure for which the interim payment is requested.
2013/06/07
Committee: PECH
Amendment 2455 #
Proposal for a regulation
Article 102 - paragraph 2
2. The Commission may lay down, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 128(3), detailed rules on the part of the payments which may be suspended. These amounts of those payments shall be proportionate to the nature and importance of the deficiency, irregularity or non-compliance by the Member Statedeleted
2013/06/07
Committee: PECH
Amendment 2457 #
Proposal for a regulation
Article 102 - paragraph 2 a (new)
2a. The maximum duration of the suspension referred to in paragraph 1 shall be 18 months, provided that there is evidence that: a) a failure to comply with the provisions of the Common Fisheries Policy, particularly as regards the conservation and management of fisheries resources or the adaptation of the fishing fleet, is having an impact or may have an impact on the effectiveness of the measures being financed; b) such a failure is directly ascribable to the relevant Member State; and c) such a failure could result in a serious threat to the conservation of living aquatic resources or to the effective functioning of the Community control and enforcement system; and provided that the Commission, on the basis of the available information, and – where appropriate – having examined the explanations given by the Member State in question, asserts that the Member State has not taken sufficient steps to remedy this state of affairs and will be unable to do so in the near future.
2013/06/07
Committee: PECH
Amendment 2458 #
Proposal for a regulation
Article 102 - paragraph 2 b (new)
2b. Before taking the measures referred to in paragraph 2, the Commission shall inform – by letter – the relevant Member State of the deficiencies that it has identified in that Member State's control system and of its intention to adopt a decision, as referred to in paragraphs 1 and 2, and to call upon the Member State to undertake remedial actions within a time frame set by the Commission in accordance with the gravity of the violation; this period may be no shorter than one month.
2013/06/07
Committee: PECH
Amendment 2459 #
Proposal for a regulation
Article 102 - paragraph 2 c (new)
2c. If the Member State fails to respond to the letter referred to in paragraph 3 within a time frame established in accordance with that paragraph, the Commission may adopt a decision as referred to in paragraph 2 on the basis of the information available at that time.
2013/06/07
Committee: PECH
Amendment 2460 #
Proposal for a regulation
Article 102 - paragraph 2 d (new)
2d. The share of payments that may be suspended shall be proportionate to the character and significance of the Member State’s violation of the provisions on conservation, control, inspection or enforcement, as well as to the gravity of the threat to the conservation of living aquatic resources or to the effective functioning of the Community control and enforcement system. It shall also take account of the degree to which the violation has an impact, or could have an impact, on the effectiveness of the measures being financed. It shall take into account, and be limited by, the relative share of the fishery and fishery- related activities, to which non- compliance relates, within the measures financed by the financial assistance referred to in paragraph 2.
2013/06/07
Committee: PECH
Amendment 2461 #
Proposal for a regulation
Article 102 - paragraph 2 e (new)
2e. Decisions under this Article shall be taken with due regard to all relevant circumstances and in such a way that a real economic link exists between the subject matter of the compliance failure and the measure to which the suspended payment or cancelled Community financial assistance relates.
2013/06/07
Committee: PECH
Amendment 2462 #
Proposal for a regulation
Article 102 - paragraph 2 f (new)
2f. A suspension shall be discontinued if the conditions laid down in paragraph 2 are no longer met.
2013/06/07
Committee: PECH
Amendment 2463 #
Proposal for a regulation
Article 103 - paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 127 defining the cases of non compliance referred to in Article 101 and 102(1), including listing the relevant the provisions of the CFP which are essential to the conservation of marine biological resources. Interruption or suspension resulting from these cases shall be proportionate to the nature, extent, duration and repetition of the non- compliance.
2013/06/07
Committee: PECH
Amendment 2465 #
Proposal for a regulation
Article 106 - paragraph 1 - introduction
1. In addition to the cases identified in Articles 20(4) and, 77 and 136(1) of the Regulation [on Common Provisions], the Commission shall, by means of implementing acts, make financial corrections by cancelling all or part of the Union contribution to an operational programme where, after carrying out the necessary examination, it concludes that:.
2013/06/07
Committee: PECH
Amendment 2466 #
Proposal for a regulation
Article 106 - paragraph 1 - point a
a) expenditure contained in a certified statement of expenditure is irregular or affected by other cases of non compliance with CFP rules by beneficiary, and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph. Financial correction resulting from these cases shall be proportionate to the nature, extent, duration and repetition of the non- compliance;deleted
2013/06/07
Committee: PECH
Amendment 2468 #
Proposal for a regulation
Article 106 - paragraph 1 - point b
b) expenditure contained in a certified statement of expenditure is affected by cases of non compliance with CFP rules by the Member State which are essential to the conservation of marine biological resources;deleted
2013/06/07
Committee: PECH
Amendment 2470 #
Proposal for a regulation
Article 106 - paragraph 2
2. For the cases under paragraph 1(ab) in case of relating to non compliance with Article 98, and under paragraph 1(bd), the Commission shall base its financial corrections only on the expenditure directly linked to the non-compliance with CFP rules. The Commission shall decide the amount of a correction taking into account the gravity of the non compliance by the Member StateWhere, during the period of suspension referred to in Article 102, the Member State concerned fails to demonstrate that it has taken remedial action to ensure compliance with and the enforcement of applicable rules or that there is no serious risk that the future effective operation of the Community control and enforcement system will be impaired, the Commission may cancel all or part orf the beneficiary with CFP rules, the economic advantage derived from the non-compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiaryCommunity financial assistance the payment of which was suspended pursuant to Article 102. Such a cancellation shall only be made after the payment in question has been suspended for at least 12 months.
2013/06/07
Committee: PECH
Amendment 2471 #
Proposal for a regulation
Article 106 - paragraph 3
3. WThen it is not possible to quantify precisely the amount of expenditure linked to non-compliance with CFP rules by the Member State, the Commission shall apply a Commission shall be empowered to adopt delegated acts under Article 127 in order to establish the criteria to set the level of financial correction to be applied in case of flat rate or extrapolated financial correction according to paragraph 4 (a)s with regard to the relevant CFP rules.
2013/06/07
Committee: PECH
Amendment 2472 #
Proposal for a regulation
Article 106 - paragraph 4
4. The Commission shall be empowered to adopt delegated act in accordance with Article 150 concerning: a) establish the criteria to set the level of financial correction to be applied in case of flat rate or extrapolated financial corrections. b) list the relevant CFP rules referred to in paragraph (1)(d) which are essential to the conservation of marine biological resources.
2013/06/07
Committee: PECH
Amendment 2473 #
Proposal for a regulation
Article 107
[...]deleted
2013/06/07
Committee: PECH