33 Amendments of Sylvie GOULARD related to 2011/0288(COD)
Amendment 125 #
Proposal for a regulation
Recital 27
Recital 27
(27) Sectoral agricultural legislation requires Member States to send information on the numbers of checks carried out and their outcome within specified deadlines. Those control statistics are used to determine the level of error at Member State level and, more generally, for the purposes of checking the management of the EAGF and the EAFRD. They are an important source for the Commission to satisfy itself as to the correct management of funds and are an essential element for the annual declaration of assurance. Given the vital nature of this statistical information and in order to ensure that Member States respect their obligation to send it in time, it is necessary to provide a proportionate deterrent to late provision of the data required in a manner proportionate to the extent of the data deficit. Therefore, provisions should be put in place whereby the Commission can suspend part of the monthly or interim payments for which the relevant statistical information has not been sent in time only where the delay places the annual budget discharge mechanism at risk, in accordance with the principle of proportionality.
Amendment 127 #
Proposal for a regulation
Recital 30
Recital 30
(30) The financing of measures and operations under the CAP will in part involve shared management. To ensure that Union funds are soundly managed, the Commission should perform the necessary checks on the management of the Funds by the Member State authorities responsible for making payments. It is appropriate to define the general rules and principles to be followed by the Commission when carrying out checks, and the nature of the checks to be made by the Commission, to specify the terms of its responsibilities for implementing the budget and to clarify the Member States' cooperation obligations.
Amendment 128 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to allow the Commission to fulfil its obligation to check the existence and proper functioning of management and inspection systems for Union expenditure in the Member States, provision should be made, irrespectitaking into account the principle of proportionality, the level of the inspection carried out by Member States themselvesrust that there is on the reliability of national control and management systems, the overall performance of the national controls in the number of checks that the Commission needs to carry out, for checks by persons delegated by the Commission who should be able to request assistance from the Member States in their work.
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 163 #
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, risk- based, 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 the cross compliance and in particular from its control system and from the risk ofcontrol system and should only be subject to cross- compliance penalties. However, that exemption in cases of severe non-compliance with the statutory management requirements. However, the special treatment of those farmers as regards cross-compliance 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. pursuant to controls independent from the Common Agricultural Policy.
Amendment 168 #
Proposal for a regulation
Recital 60
Recital 60
(60) An effective implementation of cross compliance requires verification at beneficiaries' level that obligations are respected. Where a Member State decides to make use of the option not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, for a sample of beneficiaries in the following year, verify that the findings of the non- compliance concerned have been remedied. Member States may also set up an early- warning system applicable to non-severe first non-compliances to achieve a better acceptance of the cross compliance system by farming communities and better involve farmers in the implementation of the requirements. This should take the form of a warning letter which shall be followed by remedial action by the beneficiary concerned and checked by the Member State in the following year.
Amendment 204 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The certification body shall be a public or private audit body designa, selected by the Member State, which shall provide an opinion on the management declaration of assurance covering, drawn up in accordance with internationally accepted audit standards, following risk-based controls, and taking into account the past performance of the Member State, on the completeness, accuracy and veracity of the annual accounts of the paying agency, the proper functioning of its internalthe control system,s put in place as well as the legality and regularity of the underlying transactions, as well as the respect of the principle of sound financial management. This opinion shall state, inter alia, whether the examination puts in doubt the assertions made in the management declaration of assurance referred to in Article 7(3)(b).
Amendment 350 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
Whenre sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the numbers of checks carried out under Article 61 and their outcome and where the Member States overrun that period, the Commission may suspend the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time, in accordance with the principle of proportionality, taking account of the extent of the delay and according to the detailed rules it has adopted on the basis of Article 48(5), the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time. In particular, the Commission shall clearly distinguish between a situation where the late submission of information places the annual budget discharge mechanism at risk, and a situation where such a risk does not exist.
Amendment 365 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Member States shall make available to the Commission all information about irregularities and suspected fraud cases detected, and about the steps taken to recover undue payments in connection with those irregularities and frauds pursuant to Section III of this Chapter.
Amendment 372 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The Commission shall assess the amounts to be excluded on the basis of the gravity of the non-conformity recorded. It shall take due account of the nature and gravity of the infringement and of the financial damage caused to the Unionamounts excluded shall be based on an assessment of the risk to the agricultural funds stemming from the infringement.
Amendment 375 #
Proposal for a regulation
Article 54 – paragraph 2 a (new)
Article 54 – paragraph 2 a (new)
2a. The Commission shall base its financial corrections on individual cases of irregularity identified, or by taking account of the systemic nature of the irregularity to determine whether an extrapolated or flat rate correction should be applied. Flat rate corrections shall only be applied where it is impossible, due to the nature of the case, to either identify the extent and amount of the irregularity found or to extrapolate the amount to be corrected.
Amendment 420 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. The system set up by the Member States in accordance with Article 60(2) shall include, except where otherwise provided, systematic administrative checking of all aid applications and shall be supplemented by on-the-spot checid applications and payment claims by applying a risk- based approach according to the level of assurance that is required and shall be supplemented by on-the-spot checks whose purpose shall be to monitor the level of inherent risk and whose number shall be adjusted in the light of the inherent and control risks.
Amendment 424 #
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 errorthe areas in which the risk of error is highest. To ensure that the checks are proportionate, account needs to be taken of factors including: – the size of the sums involved; – the outcome of earlier audits of the management and control systems; – voluntary participation in management schemes certified on the basis of recognised international standards.
Amendment 429 #
Proposal for a regulation
Article 61 – paragraph 4 a (new)
Article 61 – paragraph 4 a (new)
4a. Member States may reduce the level of on-the-spot checks where the error rate is at an acceptable level. The precise applicable conditions and rules shall be determined in delegated acts according to Article 64 of this regulation.
Amendment 433 #
Proposal for a regulation
Article 64 – paragraph 1 a (new)
Article 64 – paragraph 1 a (new)
Amendment 434 #
Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1 – point b
Article 64 – paragraph 2 – subparagraph 1 – point b
Amendment 443 #
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2
Article 65 – paragraph 2 – subparagraph 2
The amount of the reduction of aid shall be graduated proportionately to the gravity and nature of the infringement found, according to the severity, extent, duration and reoccurrence of the non compliance found and may go as far as total exclusion from one or several aid schemes or support measures for one or more calendar years.
Amendment 446 #
Proposal for a regulation
Article 65 – paragraph 3 a (new)
Article 65 – paragraph 3 a (new)
3a. The amounts concerned by the withdrawal referred to in paragraph 1a and by the administrative penalties referred to in paragraph 2 shall be graduated proportionately to the gravity and nature of the infringement found, according to the severity, extent, duration and reoccurrence of the non compliance found.
Amendment 457 #
Proposal for a regulation
Article 68 – paragraph 3 a (new)
Article 68 – paragraph 3 a (new)
3a. Member States shall make appropriate use of technology when setting up their integrated system.
Amendment 464 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. Member States may set up decentralised databases on condition that these, and the administrative procedures for recording and accessing data, are designed homogeneously throughout the territory of the Member State and are compatible with one another in orderin such a way as to allow for cross- checks.
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 484 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. In accordance with Article 61, Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks whose purpose shall be to monitor compliance with the provisions of the aid schemes and the level of inherent risk and whose number shall be adjusted in the light of the inherent and control risks.
Amendment 487 #
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. For the purpose of on the spot checks Member States shall draw up a sampling plan of agricultural holdings and/or beneficiaries comprising a random part in order to obtain a representative error rate and a risk-based part enabling a primary focus on high-risk claims.
Amendment 541 #
Proposal for a regulation
Article 91 – paragraph 2 a (new)
Article 91 – paragraph 2 a (new)
2a. Member States may set up a warning system to allow non-compliant beneficiaries to remedy the irregularity before any administrative penalty is imposed. Where a Member State decides to make use of this option, the competent authority shall send an initial letter of warning to the beneficiary, notifying the finding and the obligation to take remedial action. The competent authority shall also take, in the following year, the actions necessary to verify that the beneficiary has remedied the findings of non-compliance concerned. Such warning system shall only be applicable in cases of first non- compliance which are not considered 'severe' and whose 'extent' is strictly limited to the farm of the beneficiary responsible for the non-compliance, according to the criteria as defined in Article 99a.
Amendment 562 #
Proposal for a regulation
Article 92 – paragraph 2
Article 92 – paragraph 2
Amendment 563 #
Proposal for a regulation
Article 92 – paragraph 2 a (new)
Article 92 – paragraph 2 a (new)
Member States shall however ensure that beneficiaries participating in the small farmers scheme as referred to in Title V of Regulation (EU) No xxx/xxx[DP] who are found in severe breach of their obligations under sectoral legislation related to their agricultural activity following national controls lose their right of participation in the small farmers scheme.
Amendment 616 #
Proposal for a regulation
Article 97 – paragraph 1 – subparagraph 1
Article 97 – paragraph 1 – subparagraph 1
Amendment 633 #
Proposal for a regulation
Article 99 – paragraph 3
Article 99 – paragraph 3
3. In the case of intentional'severe' non- compliance, the percentage of reduction shall in principle not be less than 20 % and may go as far as total exclusion from one or several aid schemes and apply for one or more calendar years.
Amendment 667 #
Proposal for a regulation
Article 110 – paragraph 3 – subparagraph 1
Article 110 – paragraph 3 – subparagraph 1
Member States shall provide the Commission with all the information necessary to permit the monitoring and evaluation of the measures concerned. To the extent possible, such information shall be based on established sources of data, such as Farm Accountancy Data Network and Eurostat.
Amendment 795 #
Proposal for a regulation
Recital 70 f
Recital 70 f
Amendment 797 #
Proposal for a regulation
Recital 70 g
Recital 70 g
Amendment 812 #
Proposal for a regulation
Article 110 b
Article 110 b