[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

Proposal for a regulation
Recital 15

(15) It is necessary to establish a maximum level of co-financing from the Fund to the operational programmes to provide for a multiplier effect of Union resources, while the situation of Member States facing temporary budget difficulties should be addressed.deleted

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

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

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Recital 21

(21) Member States should designate a managing authority, a certifying authority and a functionally independent auditing authority for their operational programme. To provide flexibility for Member States in the set-up of control systems, it is appropriate to provide the option for the functions of the certifying authority to be carried out by the managing authority. The Member States should also be allowed to designate intermediate bodies to carry out certain tasks of the managing authority orfor their operational programme the authorities responsible for the sound management of the Fund. Member States should carry out appropriate administrative and physical checks and provide for penalties in the case of irregularities in order to ensure that the coperati~~fying authority. The Member States should in that case lay down clearly their respective responsibilities and function~~onal programmes are implemented in accordance with the applicable rules.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Recital 22

(22) The managing authority bears the main responsibility for the effective and efficient implementation of the Fund and thus fulfils a substantial number of functions related to operational programme management and monitoring, financial management and controls as well as project selection. Its responsibilities and functions should be set out.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Recital 23

(23) The certifying authority should draw up and submit to the Commission payment applications. It should draw up the annual accounts, certifying the completeness, accuracy and veracity of the annual accounts and that the expenditure entered in the accounts complies with applicable Union and national rules. Its responsibilities and functions should be set out.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Recital 24

(24) The audit authority should ensure that audits are carried out on the management and control systems, on an appropriate sample of operations and on the annual accounts. Its responsibilities and functions should be set out.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Recital 25

(25) Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in the framework of this Regulation should be ensured and criteria should be established which allow the Commission to determine, in the context of its strategy of control of national systems, the level of assurance it should obtain from national audit bodies.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Recital 26

(26) The powers and responsibilities of the Commission to verify the effective functioning of the management and control systems, and to require Member State action, should be laid down. The Commission should also have the power to carry out audits focused on issues relating to sound financial management in order to draw conclusions on the performance of the Fund.deleted

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 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

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

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX, Tokia SAÏFI

Proposal for a regulation
Article 2 – point 6

(6) '‘beneficiary'’ means a ~~public or private body~~not-for-profit organisation or a public or private body, excluding commercial enterprises, responsible for initiating or initiating and implementing operations;

2013/03/01
Committee: AGRI

Agnès LE BRUN

Proposal for a regulation
Article 2 – point 7

(7) 'end recipient' means the most deprived persons receiving the food or goods and~~/or~~ benefiting from thpossible accompanying measures;

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID

Proposal for a regulation
Article 2 – point 9

(9) '‘intermediate body'’ means any ~~public or private body~~not-for- profit organisation or any public or private body, excluding commercial enterprises, which acts under the responsibility of a managing or certifying authority, or which carries out duties on behalf of such an authority in relation to beneficiaries'’ implementing operations;

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 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

Proposal for a regulation
Article 4 – paragraph 2

2. The Fund may provide support for accompanying measures, complementing the provision of food and goods, contributing to the social inclusion of the most deprived persons, up to a maximum of 5 % of the total sum allocated to each operation.

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, Brice HORTEFEUX

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a

(a) an identification of ~~and a justification for selecting~~ the type(s) of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided~~, having regard to the results of the ex ante evaluation carried out in accordance with Article 14~~;

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b a (new)

(ba) the partner organisations and competent authorities;

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c

~~(c) a description of the mechanism setting the eligibility criteria for the most deprived persons, differentiated if necessary by type of material deprivation addressed;~~deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point d

~~(d) the criteria for the selection of operations and a description of the selection mechanism differentiated if necessary by type of material deprivation addressed;~~deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point e

~~(e) the criteria for the selection of the partner organisations differentiated if necessary by type of material deprivation address~~deleted;

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point f

~~(f) a description of the mechanism used to ensure complementarity with the European Social Fund;~~deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point g

(g) a description of the provisions for implementing the operational programme containing the identification of the managing authority, the certifying authority where applicable, the audit authority and the body to which payments are to be made by the Commission and a description of the monitoring procedure;deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point h

(h) a description of the measures taken to involve the competent regional, local and other public authorities as well as bodies representing civil society and bodies responsible for promoting equality and non-discrimination in the preparation of the operational programme;deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point j – point i

(i) a table specifying for each year in accordance with Article 18 the amount of the financial appropriation envisaged for support from the Fund ~~and the co- financing in accordance with Article 18~~;

2013/03/01
Committee: AGRI

Agnès LE BRUN

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2

The partner organisations referred to in point (e) that deliver directly the food or goods shall themselves undertake activities complementing the provision of material assistance, aiming at the social inclusion of the most deprived persons, whether or not these activities are supported by the Fund.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 7 – paragraph 3

~~3. The Member States shall draft their operational programmes in accordance with the template set out in Annex I.~~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 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, Brice HORTEFEUX

Proposal for a regulation
Article 11 – title

Implementation reports ~~and indicators~~

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

Proposal for a regulation
Article 15 – paragraph 1

1. During the programming period, the ~~managing~~competent authority may carry out evaluations for assessing the effectiveness and efficiency 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
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, Brice HORTEFEUX

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1

The ~~managing~~competent authority shall, in order to ensure transparency in the support of the Fund, maintain a list of operations supported by the Fund in CSV or XML format which shall be accessible through a website. TFor each operation supported, the list shall include at least information on the ~~beneficiary name, its addres~~number of beneficiaries and the allocated amount of Union funding as well as the type of material deprivation addressed.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 17 – paragraph 5

5. The ~~managing~~competent authority shall inform beneficiaries of publication of the list of operations in accordance with paragraph 2. The managing authority shall provide information and publicity kits, including templates in electronic format, to help beneficiaries and partner organisations to meet their obligations as set out in paragraph 3.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 17 – paragraph 6

6. In processing personal data pursuant to this Article, the ~~managing~~competent authority as well as the beneficiaries and partner organisations shall abide by all confidential data protection rules and comply with Directive 95/46/EC.

2013/03/01
Committee: AGRI

Agnès LE BRUN

Proposal for a regulation
Article 18 – title

~~Co-f~~Financing

2013/03/01
Committee: AGRI

Agnès LE BRUN

Proposal for a regulation
Article 18 – paragraph 1

1. The ~~co-~~financing rate at the level of the operational programme shall ~~not be higher than 85~~be 100 % of the public eligible expenditure.

2013/03/01
Committee: AGRI

Agnès LE BRUN

Proposal for a regulation
Article 18 – paragraph 2

~~2. The Commission decision adopting an operational programme shall fix the co- financing rate applicable to the operational programme and the maximum amount of support from the Fund.~~deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN

Proposal for a regulation
Article 18 – paragraph 3

~~3. The technical assistance measures implemented at the initiative of, or on behalf of, the Commission may be financed at the rate of 100%.~~deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN

Proposal for a regulation
Article 19

Article 19 Increase in payments for Member States with temporary budgetary difficulties 1. At the request of a Member State, interim payments and payments of the final balance may be increased by 10 percentage points above the co-financing rate applicable to the operational programme. The increased rate, which can not exceed 100%, shall apply to requests for payment relating to the accounting period in which the Member State has submitted its request and subsequent accounting periods during which the Member State meets one of the following conditions: (a) where the Member State concerned has adopted the euro, it receives macro- financial assistance from the Union in accordance with Council Regulation (EU) No 407/2010; (b) where the Member State concerned has not adopted the euro, it receives medium-term financial assistance in accordance with Council Regulation (EC) No 332/2002; (c) financial assistance is made available to it in accordance with the Treaty establishing the European Stability Mechanism. 2. Notwithstanding paragraph 1, Union support through interim payments and payments of the final balance shall not be higher than the public support and the maximum amount of support from the Fund, as laid down in the Commission decision approving the operational programme.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 20 – paragraph 2

2. Operations shall not be selected for support by the operational programme where they have been physically completed or fully implemented before the application for funding under the operational programme is submitted by the beneficiary to the ~~managing~~competent authority, irrespective of whether all related payments have been made by the beneficiary.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID

Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1

The food and the goods for ~~homeless persons or for children~~personal use by the end recipients may be purchased by the partner organisations themselves.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID

Proposal for a regulation
Article 21 – paragraph 4

4. That material assistance shall be distributed free of charge to the most deprived persons, or sold at a price no greater than 10% of the market price and not exceeding the distribution costs borne by the designated organisations.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID

Proposal for a regulation
Article 24 – paragraph 1 – point a

(a) the costs of purchasing food and basic consumer goods for the personal use of ~~homeless persons or of children~~the final beneficiaries;

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID

Proposal for a regulation
Article 24 – paragraph 1 – point b

(b) where a public body purchases the food or basic consumer goods for the personal use of ~~homeless persons or of children~~the final beneficiaries and provides them to partner organisations, the costs of transporting of food or goods to the storage depots of the partner organisations at a flat rate of 1 % of the costs referred to in point (a);

2013/03/01
Committee: AGRI

Agnès LE BRUN

Proposal for a regulation
Article 24 – paragraph 1 – point d

(d) the costs of social inclusion activities undertaken and declared by the partner organisations delivering directly the material assistance to the most deprived persons at a flat rate of 5% of the costs referred to in point (a);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 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, Brice HORTEFEUX

Proposal for a regulation
Article 27

Article 27 Responsibilities of Member States 1. 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. In accordance with the principle of shared management, Member States shall be responsible for the management and control of operational programmes. 2. Member States shall prevent, detect and correct irregularities and shall recover amounts unduly paid, together with any interest on late payments. They shall notify these irregularities to the Commission and shall keep the Commission informed of the progress of related administrative and legal proceedings. When amounts unduly paid to a beneficiary cannot be recovered and this is as a result of fault or negligence on the part of a Member State, the Member State shall be responsible for reimbursing the amounts concerned to the general budget of the Union. The Commission shall be empowered to adopt delegated acts in accordance with Article 59 laying down detailed rules concerning the obligations of the Member States specified in this paragraph. 3. Member States shall establish and implement a procedure for the independent examination and resolution of complaints concerning the selection or implementation of operations co-financed by the Fund. Member States shall report the results of such examinations to the Commission upon request. 4. All official exchanges of information between the Member State and the Commission shall be carried out using an electronic data exchange system established in compliance with the terms and conditions laid down by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 60(3).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, Brice HORTEFEUX

Proposal for a regulation
Article 30

Article 30 Functions of the certifying authority The certifying authority shall be responsible in particular for the following: 1. drawing up and submitting to the Commission payment applications and certifying that these result from reliable accounting systems, are based on verifiable supporting documents and have been subject to verifications by the managing authority; 2. drawing up the annual accounts referred to in Article 56 (5) (a) of the Financial Regulation; 3. certifying the completeness, accuracy and veracity of the annual accounts and that the expenditure entered in the accounts complies with applicable Union and national rules and has been incurred in respect of operations selected for funding in accordance to the criteria applicable to the operational programme and complying with Union and national rules; 4. ensuring that there is a system which records and stores, in computerised form, accounting records for each operation, and which supports all the data required for drawing up payment applications and annual accounts, including records of amounts recoverable, amounts recovered and amounts withdrawn following cancellation of all or part of the contribution for an operation or the operational programme; 5. ensuring for the purposes of drawing up and submission of payment applications that it has received adequate information from the managing authority on the procedures and verifications carried out in relation to expenditure; 6. taking into account when drawing up and submitting payment applications the results of all audits carried out by or under the responsibility of the audit authority; 7. maintaining accounting records in a computerised form of expenditure declared to the Commission and the corresponding public contribution paid to the beneficiaries; 8. keeping an account of amounts recoverable and of amounts withdrawn following cancellation of all or part of the contribution for an operation. Amounts recovered shall be repaid to the general budget of the Union prior to the closure of the operational programme by deducting them from the next statement of expenditure.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 31

Article 31 Functions of the audit authority 1. The audit authority shall ensure that audits are carried out on the management and control systems, on an appropriate sample of operations and on the annual accounts. The Commission shall be empowered to adopt delegated acts in accordance with Article 59 to set out the conditions which those audits shall fulfil. 2. Where audits are carried out by a body other than the audit authority, the audit authority shall ensure that any such body has the necessary functional independence. 3. The audit authority shall ensure that audit work takes account of internationally accepted audit standards. 4. The audit authority shall, within six months of adoption of the operational programme, prepare an audit strategy for performance of audits. The audit strategy shall set out the audit methodology, the sampling method for audits on operations and the planning of audits in relation to the current accounting year and the two subsequent accounting years. The audit strategy shall be updated annually from 2016 until and including 2022. The audit authority shall submit the audit strategy to the Commission upon request. 5. The audit authority shall draw up the following: (a) an audit opinion in accordance with Article 56 (5) of the Financial Regulation; (s) (b) an annual control report setting out the findings of the audits carried out during the preceding accounting year. The report under point (b) shall set out any deficiencies found in the management and control system and any corrective measures taken or proposed to be taken. 6. The Commission shall adopt, by means of implementing acts, models for the audit strategy, the audit opinion and the annual control report, as well as the methodology for the sampling method referred to in paragraph 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 60(3). 7. Implementing rules concerning the use of data collected during audits carried out by Commission officials or authorised Commission representatives shall be adopted by the Commission in accordance with the examination procedure referred to in Article 60(3).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, Brice HORTEFEUX

Proposal for a regulation
Article 39 – paragraph 1

1. ~~Managing~~The competent authority shall ensure that, in the case of grants to partner organisations, beneficiaries are provided with a flow sufficient to ensure proper implementation of the operations.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 39 – paragraph 2

2. ~~Managing~~The competent authority shall ensure that the beneficiaries receive the total amount of public support as quickly as possible and in full and in any event before the inclusion of the corresponding expenditure in the payment application. No amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce these amounts for the beneficiaries.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 42 – paragraph 1

1. The c~~ertifying~~ompetent authority shall submit on a regular basis an application for interim payment covering amounts entered in its accounts as public support paid to beneficiaries in the accounting year ending 30 June.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 42 – paragraph 2

2. The c~~ertifying~~ompetent authority shall submit the final application for interim payment by 31 July following the end of the previous accounting year and, in any event, before the first application for interim payment for the next accounting year.

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 42 – paragraph 3

3. The first application for interim payment shall not be made before the notification to the Commission of the designation of the ~~managing authority and the certifying~~competent authorityies in accordance to Article 32(1).

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 43

Article 43 Interruption of the time limit payment 1. The time limit for the payment of an interim payment claim may be interrupted by the authorising officer by delegation within the meaning of the Financial Regulation for a maximum period of nine months when the following conditions are met: (a) on the basis of the information provided by a national or Union audit body, there is evidence to suggest a significant deficiency in the functioning of the management and control system; (b) the authorising officer by delegation has to carry out additional verifications following information coming to his attention alerting him that expenditure in a request for payment is linked to an irregularity having serious financial consequences; (c) there is a failure to submit one of the documents required under Article 45(1). 2. The authorising officer by delegation may limit the interruption to the part of the expenditure covered by the payment claim affected by the elements referred to in paragraph 1. The authorising officer by delegation shall inform the Member State and the managing authority immediately of the reason for interruption and shall ask them to remedy the situation. The interruption shall be ended by the authorising officer by delegation as soon as the necessary measures have been taken.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 44

Article 44 Suspension of payments 1. All or part of the interim payments may be suspended by the Commission where: (a) there is a serious deficiency in the management and control system of the operational programme for which corrective measures have not been taken; (b) expenditure in a statement of expenditure is linked to an irregularity having serious financial consequences which has not been corrected; (c) the Member State has failed to take the necessary action to remedy the situation giving rise to an interruption under Article 43; (d) there is a serious deficiency in the quality and reliability of the monitoring system or of the data on indicators. 2. The Commission may decide, by means of implementing acts, to suspend all or part of interim payments, after having given the Member State the opportunity to present its observations. 3. The Commission shall end suspension of all or part of interim payments where the Member State has taken the necessary measures to enable the suspension to be lifted.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 46 – paragraph 1 – point a

(a) the total amount of eligible expenditure entered into the accounts of the c~~ertifying~~ompetent authority as having been incurred and paid by beneficiaries in implementing operations, the total amount of public eligible expenditure incurred in implementing operations and the corresponding eligible public contribution which has been paid to beneficiaries;

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 46 – paragraph 2

2. The c~~ertifying~~ompetent authority may specify in the accounts a provision, which shall not exceed 5 % of the total expenditure in payment applications presented for a given accounting year, where the assessment of the legality and regularity of the expenditure is subject to an on-going procedure with the audit authority. The amount covered shall be excluded from the total amount of eligible expenditure referred to in paragraph 1(a). These amounts shall be definitively included in, or excluded from, the annual accounts of the following year.

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, Brice HORTEFEUX

Proposal for a regulation
Article 50 – paragraph 2

2. The Member State shall make the financial corrections required in connection with individual or systemic irregularities detected in operations or the operational programme. Financial corrections shall consist of cancelling all or part of the public contribution to an operation or the operational programme. The Member State shall take into account the nature and gravity of the irregularities and the financial loss to the Fund and shall apply a proportionate correction. Financial corrections shall be recorded in the annual accounts by the managing authority for the accounting year in which the cancellation is decided.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 50 – paragraph 3

~~3. The contribution from the Fund cancelled in accordance with paragraph 2 may be reused by the Member State within the operational programme concerned, subject to paragraph 4.~~deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 50 – paragraph 4

4. The contribution cancelled in accordance with paragraph 2 may not be reused for any operation that was the subject of the correction or, where a financial correction is made for a systemic irregularity, for any operation affected by the systemic irregularity.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 50 – paragraph 5

~~5. A financial correction by the Commission shall not prejudice the Member State's obligation to pursue recoveries under the present Article.~~deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 51

Article 51 Financial corrections by the Commission 1. The Commission shall make financial corrections, by means of implementing act, by cancelling all or part of the Union contribution to an operational programme and effecting recovery from the Member State in order to exclude from Union financing expenditure which is in breach of applicable Union and national law, including in relation to deficiencies in the management and control systems of Member States which have been detected by the Commission or the European Court of Auditors. 2. A breach of applicable Union or national law shall lead to a financial correction only when one of the following conditions is met: (pp) the breach has or could have affected the selection of an operation by the managing authority for support by the Fund; (qq) the breach has or could have affected the amount of expenditure declared for reimbursement by the Union budget.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 52

Article 52 Criteria for financial correction by the Commission 1. The Commission shall make financial corrections after carrying out the necessary examination, it concludes that: (rr) there is a serious deficiency in the management and control system of the operational programme which has put at risk the Union contribution already paid to the operational programme; (ss) the Member State has not complied with its obligations under Article 50 prior to the opening of the correction procedure under this paragraph; (tt) expenditure contained in a payment application is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph. The Commission shall base its financial corrections on individual cases of irregularity identified and shall take account of whether an irregularity is systemic. When it is not possible to quantify precisely the amount of irregular expenditure charged to the Fund, the Commission shall apply a flat rate or extrapolated financial correction. 2. The Commission shall, when deciding the amount of a correction under paragraph 1, take account of the nature and gravity of the irregularity and the extent and financial implications of the deficiencies in management and control systems found in the operational programme. 3. Where the Commission bases its position on reports of auditors other than those of its own services, it shall draw its own conclusions regarding the financial consequences after examining the measures taken by the Member State concerned under Article 50(2), the notifications sent under Article 27(2), and any replies from the Member State. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 59 establishing the criteria for establishing the level of financial correction to be applied.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 53

Article 53 Procedure for financial corrections by the Commission 1. Before taking a decision on a financial correction, the Commission shall launch the procedure by informing the Member State of the provisional conclusions of its examination and requesting the Member State to submit its comments within two months. 2. Where the Commission proposes a financial correction on the basis of extrapolation or a flat rate, the Member State shall be given the opportunity to demonstrate, through an examination of the documentation concerned, that the actual extent of irregularity is less than the Commission's assessment. In agreement with the Commission, the Member State may limit the scope of this examination to an appropriate proportion or sample of the documentation concerned. Except in duly justified cases, the time allowed for this examination shall not exceed a further period of two months after the two-month period referred to in paragraph 1. 3. The Commission shall take account of any evidence supplied by the Member State within the time limits set out in paragraphs 1 and 2. 4. Where the Member State does not accept the provisional conclusions of the Commission, the Member State shall be invited to a hearing by the Commission, in order to ensure that all relevant information and observations are available as a basis for conclusions by the Commission on the application of the financial correction. 5. In order to apply financial corrections the Commission shall take a decision, by means of implementing acts, within six months of the date of the hearing, or of the date of receipt of additional information where the Member State agrees to submit such additional information following the hearing. The Commission shall take account of all information and observations submitted during the course of the procedure. If no hearing takes place, the six month period shall begin to run two months after the date of the letter of invitation to the hearing sent by the Commission. 6. Where irregularities affecting annual accounts sent to the Commission are detected by the Commission or by the European Court of Auditors, the resulting financial correction shall reduce support from the Fund to the operational programme.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 54

Article 54 Repayments to the Union Budget - Recoveries 1. Any repayment due to be made to the general budget of the Union shall be effected before the due date indicated in the order for recovery drawn up in accordance with Article 77 of the Financial Regulation. The due date shall be the last day of the second month following the issuing of the order. 2. Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of such interest shall be one-and-a- half percentage points above the rate applied by the European Central Bank in its main refinancing operations on the first working day of the month in which the due date falls.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 55

Article 55 Proportional control of operational programmes 1. Operations for which the total eligible expenditure does not exceed EUR 100 000 shall not be subject to more than one audit by either the audit authority or the Commission prior to the examination of all the expenditure concerned under Article 47. Other operations shall not be subject to more than one audit per accounting year by the audit authority and the Commission prior to the examination of all the expenditure concerned under Article 47. Those provisions are without prejudice to paragraphs 5 and 6. 2. Audit of an operation may cover all stages of its implementation and all levels of the distribution chain, with the exception of control of the actual end recipients, unless a risk assessment establishes a specific risk of irregularity or fraud. 3. When the most recent audit opinion on the operational programme indicates that there are no significant deficiencies, the Commission may agree with the audit authority in the subsequent meeting referred to in Article 34(2) that the level of audit work required may be reduced so that it is proportionate to the risk established. In such cases, the Commission will not carry out its own on- the-spot audits unless there is evidence suggesting deficiencies in the management and control system affecting expenditure declared to the Commission in an accounting year for which the accounts have been accepted. 4. If the Commission concludes that it can rely on the opinion of the audit authority for the operational programme, it may agree with the audit authority to limit its own on the spot audits to audit the work of the audit authority unless there is evidence of deficiencies in the work of the audit authority work for an accounting year for which the accounts have been accepted. 5. The audit authority and the Commission may carry out audits of operations at any time where a risk assessment establishes a specific risk of irregularity or fraud, in case of evidence of serious deficiencies in the management and control system of the operational programme, and, during the 3 years following acceptance of all the expenditure of an operation under Article 47, as part of an audit sample. 6. The Commission may at any time carry out audits of operations for the purpose of assessing the work of an audit authority by re-performance of its audit activity.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 56

Article 56 Rules on decommitment 1. The Commission shall decommit any part of the amount calculated in accordance with the second subparagraph in an operational programme that has not been used for payment of the pre- financing, interim payments and annual balance by 31 December of the second financial year following the year of budget commitment under the operational programme or for which a payment application drawn up in accordance with Article 38 has not been sent in accordance with Article 42. For the purposes of the decommitment, the Commission shall calculate the amount by adding one sixth of the annual budget commitment related to the 2014 total annual contribution to each of the 2015 to 2020 budget commitments. 2. By way of derogation from the first subparagraph of paragraph 1, the deadlines for decommitment shall not apply to the annual budget commitment related to the 2014 total annual contribution. 3. If the first annual budget commitment is related to the 2015 total annual contribution, by way of derogation from paragraph 1, the deadlines for decommitment shall not apply to the annual budget commitment related to the total annual contribution of 2015. In such cases, the Commission shall calculate the amount under the first sub-paragraph of paragraph 1 by adding one fifth of the annual budget commitment related to the 2015 total amount contribution to each of the 2016 to 2020 budget commitments. 4. That part of commitments still open on 31 December 2022 shall be decommitted if any of the documents required under Article 47(2) has not been submitted to the Commission by 30 September 2023.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 57

Article 57 Exception to the decommitment 1. The amount concerned by decommitment shall be reduced by the amounts that the responsible body has not been able to declare to the Commission because of: (uu) operations suspended by a legal proceeding or by an administrative appeal having suspensory effect; or (vv) reasons of force majeure seriously affecting implementation of all or part of the operational programme. The national authorities claiming force majeure shall demonstrate the direct consequences of the force majeure on the implementation of all or part of the operational programme; (ww) The reduction may be requested once if the suspension or force majeure lasted up to one year, or several times corresponding to the duration of the force majeure or the number of years between the date of the legal or administrative decision suspending the implementation of the operation and the date of the final legal or administrative decision. 2. By 31 January, the Member State shall send to the Commission information on the exceptions referred to in paragraph 1 for the amount to be declared by the end of the preceding year.deleted

2013/03/01
Committee: AGRI

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Article 58

Article 58 Procedure for decommitments 1. The Commission shall inform the Member State and the managing authority in good time whenever there is a risk of application of decommitment under Article 56. 2. On the basis of the information it has on 31 January, the Commission shall inform the Member State and the managing authority of the amount of the decommitment resulting from the information in its possession. 3. The Member State shall have two months to agree to the amount to be decommitted or to submit its observations. 4. By 30 June, the Member State shall submit to the Commission a revised financing plan reflecting for the financial year concerned the reduced amount of support of the operational programme. Failing such submission, the Commission shall revise the financing plan by reducing the contribution from the Fund for the financial year concerned. 5. The Commission shall amend the decision adopting the operational programme, by means of implementing act, no later than 30 September.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

Agnès LE BRUN, Marie-Thérèse SANCHEZ-SCHMID, Brice HORTEFEUX

Proposal for a regulation
Annex 1

This annex is deleted.

2013/03/01
Committee: AGRI

99 Amendments of Agnès LE BRUN related to 2012/0295(COD)

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