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26 Amendments of Eric ANDRIEU related to 2011/0288(COD)

Amendment 186 #
Eric ANDRIEU, Marc TARABELLA
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Each Member State shall, taking into account its constitutional provisions, restrict the number of its accredited paying agencies to one per Member State or one per region, where applicable. However, where paying agencies are established at regional level, Member States shall, in addition, accredit a paying agency at national level for aid schemes which, by their nature, have to bthe minimum necessary to ensure that the expenditure referred to in Article 4 and Article 5 is effected under sound administrative managed at national leveld accounting conditions.
2012/07/20
Committee: AGRI
Amendment 274 #
Eric ANDRIEU, Marc TARABELLA
Proposal for a regulation
Article 14 – paragraph 2
However Member States may determine, in accordance with objective criteria, the categories of beneficiaries that have priority access to the farm advisory system. Member States shall nevertheless ensure that priority is given to farmers whose access to an advisory service other than the farm advisory system is most limited. Priority shall also be given to networks operating with limited resources which may constitute operational groups within the meaning of Article 62 of Regulation (EU) No XXXXXX (on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)) and which, in so far as they are involved in innovation, may participate in the European Innovation Partnership on agricultural productivity and sustainability referred to in Articles 53 and 61 of Regulation (EU) No XXXXXX (on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)).
2012/07/20
Committee: AGRI
Amendment 329 #
Eric ANDRIEU, Marc TARABELLA
Proposal for a regulation
Article 42 – paragraph 2
2. Where the latest possible date of payment is not respected by the Member States, they shall pay the beneficiaries default interests, supported from the national budget.deleted
2012/07/20
Committee: AGRI
Amendment 381 #
Eric ANDRIEU, Marc TARABELLA
Proposal for a regulation
Article 56 – paragraph 1
1. For any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within one year of the first indication that such an irregular has taken place and shall record the corresponding amounts24 months of the approval of an inspection report or similar document recording the irregularity or, where applicable, from the reception of that report or similar document by the paying agency or body responsible for the recovery. The corresponding amounts shall at the same time be recorded in the debtors' ledger of the paying agency.
2012/07/20
Committee: AGRI
Amendment 393 #
Eric ANDRIEU, Marc TARABELLA
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
If recovery has not taken place within four years of the date of the recovery request, or within eight years where recovery is taken in the national courts, 50% of the financial consequences of non-recovery shall be borne by the Member State concerned, and 50% by the EU budget. The sharing of the financial burden resulting from non- recovery shall be without prejudice to the requirement that the Member State concerned must pursue recovery procedures in compliance with Article 60.
2012/07/20
Committee: AGRI
Amendment 402 #
Eric ANDRIEU, Marc TARABELLA
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2 a (new)
However, if, for reasons not attributable to the Member State concerned, recovery could not take place within the time limit specified in the first subparagraph and the amount to be recovered exceeds EUR 1 million, the Commission may, at the request of the Member State, extend the time limit by a maximum of 50% of the original time limit.
2012/07/20
Committee: AGRI
Amendment 497 #
Eric ANDRIEU
Proposal for a regulation
Article 76 – paragraph 1 – subparagraph 2
However Member States may pay advances up to 50 % as regards direct payments and 75% for the support granted under rural development as referred to in Article 68(2) prior to 1 December and not before 16 October, or 15 September for the support referred to in Article 32 of Regulation (EU) No … [RDR].
2012/07/20
Committee: AGRI
Amendment 622 #
Eric ANDRIEU, Marc TARABELLA
Proposal for a regulation
Article 99 – paragraph 1 a (new)
1a. By way of derogation from the first paragraph, reductions or exclusions arising as a result of cross-compliance failings in respect of measures provided for in Articles 29, 30 and 31 of Regulation (EU) No … [RDR] shall concern only sums allocated under these measures.
2012/07/20
Committee: AGRI
Amendment 643 #
Eric ANDRIEU, Marc TARABELLA
Proposal for a regulation
Article 100 – paragraph 1
Member States may retain 1025% of the amounts resulting from the application of the reductions and exclusions referred to in Article 99.
2012/07/20
Committee: AGRI
Amendment 790 #
Eric ANDRIEU
Proposal for a regulation
Recital 70 c
(70c) In its judgment, the Court did not contest the legitimacy of the objective of reinforcing public control of the use of the money from the EAGF and the EAFRD. This objective should be analysed in the light of the new financial management and control framework to be applied as from 1 January 2014. In the context of this framework, the controls by the national administrations cannot be exhaustive and, in particular, for almost all schemes only a limited part of the population can be checked on-the-spot. An increase of the minimum control rates beyond the levels currently applied would, in the present context, put additional financial and administrative burden on the national administrations and would not be cost-effective. Moreover, the new framework provides that, under certain conditions, Member States may reduce the number of on-the-spot checks. Against this background, the publication of the name of the beneficiaries of the agricultural funds reinforces the public control of the use of those funds and, therefore, is a useful addition to the existing management and control framework that is necessary to ensure an adequate level of protection of the Union's financial interest. The national authorities, while applying the new rules simplifying the administrative process of the implementation of Union funds and reducing the administrative costs, should be enabled to rely on the public control, notably through its preventive and deterrent effect against fraud and any misuse of the public funds, by discouraging individual beneficiaries from irregular behaviour.deleted
2012/10/18
Committee: AGRI
Amendment 791 #
Eric ANDRIEU
Proposal for a regulation
Recital 70 d
(70d) The objective of the public control of the use of the money from the EAGF and the EAFRD pursued with the publication of beneficiaries may be achieved only by ensuring a certain degree of information to be delivered to the knowledge of the public. That information should cover data on the identity of the beneficiary, the amount awarded and under which of the funds, the purpose and the nature of the measure concernedinformation published will use data taken from the Individual Payment Data files provided by the Member States. The publication of that information should be made in such a way as to cause less interference with the beneficiaries’ right to respect for their private life in general and to protection of their personal data in particular, rights recognised by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.
2012/10/18
Committee: AGRI
Amendment 792 #
Eric ANDRIEU
(70e) Publishing details about the measure entitling the farmer to receive aid, the nature and the purpose of the aid would provide concrete knowledge to the public on the subsidised activity and the purpose for which the subsidy was granted. This would contribute to the preventive and deterrent effect of the public control in the protection of the financial interest.deleted
2012/10/18
Committee: AGRI
Amendment 794 #
Eric ANDRIEU
Proposal for a regulation
Recital 70 f
(70f) In order to observe a balance between the pursued objective of the public control of the use of the money from the EAGF and the EAFRD on the one hand and the beneficiaries’ right to respect for their private life in general and to protection of their personal data on the other hand, the importance of the aid should be taken into account. Following the extensive analysis and the consultation with the stakeholders it appeared that in order to reinforce the effectiveness of such publication and to limit the interference with the beneficiaries' rights, a threshold should be set up as regards the amount of aid received below which the name of the beneficiary should not be published.deleted
2012/10/18
Committee: AGRI
Amendment 796 #
Eric ANDRIEU
Proposal for a regulation
Recital 70 g
(70g) The threshold should reflect and be based on the level of the support schemes set up within the framework of the CAP. As the structures of the Member States' agricultural economies vary considerably and may differ significantly from the average Union farm structure, the application of different minimum thresholds that reflect the particular situation of the Member States should be allowed. Regulation xxx/xxx [DP] sets out a simple and specific scheme for small farms. Article 49 of that Regulation lays down criteria for calculating the amount of aid. For reasons of consistency, those criteria should also be used for fixing specific thresholds per Member State for the publication of the name of a beneficiary. Except for the name, below that specific threshold the publication should contain all the relevant information in order to allow the taxpayers to have an accurate image of the CAP.deleted
2012/10/18
Committee: AGRI
Amendment 798 #
Eric ANDRIEU
Proposal for a regulation
Recital 70 h
(70h) In addition, mMaking this information accessible to the public enhances transparency regarding the use of Union funds in the CAP, thus contributing to the visibility and better understanding of that policy. It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen. It would also help local people to witness concrete examples of the provision of "public goods" by farming and underpin the legitimacy of state support for the agricultural sector. Furthermore, the personal accountability of the farmers for use of the public funds received will be reinforced.
2012/10/18
Committee: AGRI
Amendment 800 #
Eric ANDRIEU
Proposal for a regulation
Recital 70 i
(70i) Given the overriding weight of the pursued objective of the public control of the use of the money from the EAGF and the EAFRD, it is justified with regard to the principle of proportionality and the requirement of the protection of personal data to provide for the general publication of the relevant information as it does not go beyond what is necessary in a democratic society and for the protection of the Union's financial interest.deleted
2012/10/18
Committee: AGRI
Amendment 801 #
Eric ANDRIEU
Proposal for a regulation
Recital 70 j
(70j) To comply with the data protection requirements, beneficiaries of the Funds should be informed of the publication of their data and that the data may be processed by auditing and investigating bodies of the Union and the Member States for the purpose of safeguarding the Union's financial interests before the publication takes place. Furthermore, the beneficiaries should be informed about their rights under Directive 95/46/EC and the procedures applicable for exercising these rights.deleted
2012/10/18
Committee: AGRI
Amendment 802 #
Eric ANDRIEU
Proposal for a regulation
Recital 70 k
(70k) As a consequence, following an in- depth analysis and assessment of the most appropriate way to observe the right to protection of personal data of the beneficiaries, new rules on the publication of information on all the beneficiaries ofthe agricultural Funds should be laid down.
2012/10/18
Committee: AGRI
Amendment 804 #
Eric ANDRIEU
Proposal for a regulation
Article 110 a — Title
Publication of beneficiarieArticle 110a Article 110a Publication on the European agricultural funds
2012/10/18
Committee: AGRI
Amendment 806 #
Eric ANDRIEU
1. Member States shall ensurThe European Commission shall carry out the annual ex post publication of the beneficiariesinformation ofn the EAGF and the EAFRD. The publication shall contain: a) without prejudice to the first paragraph of Article 110b of this Regulation, the name of the beneficiaries, as follows: i) the first name and the surname where the beneficiaries are natural persons; ii) the full legal name as registered where the beneficiaries are legal persons with the autonomous legal personality pursuant to the legislation of the Member State concerned; (iii) the full name of the association as registered or otherwise officially recognised where the beneficiaries are associations without an own legal personality, on the basis of the Individual Payment Data files provided by the Member States. The publication shall contain: a) a breakdown of the number of beneficiaries by size class of the amount of aid received; b) the amount of aid paid in each Member State by mechanism and by fund; bc) the municipality where the beneficiary resides or is registlegal forms of the beneficiaries concerned and, where available, the postal code or the part thereof identifying the municipality; c) the amounts of payment corresponding to each measure financed by the EAGF and the EAFRD received by each beneficiary in the financial year concerned; their respective workforces per Member State.
2012/10/18
Committee: AGRI
Amendment 808 #
Eric ANDRIEU
Proposal for a regulation
Article 110 a — paragraph 1 — subparagraph 2
The information referred to in the first subparagraph shall be made available on a single website per Member State. It shall remain available for twoen years from the date of the initial publication.
2012/10/18
Committee: AGRI
Amendment 809 #
Eric ANDRIEU
Proposal for a regulation
Article 110 a — paragraph 2
2. As regards the payments corresponding to the measures financed by the EAFRD as referred to in point (c) of the first subparagraph of paragraph 1, the amounts to be published shall correspond to the total public funding, including both the Union and the national contributions.
2012/10/18
Committee: AGRI
Amendment 810 #
Eric ANDRIEU
Proposal for a regulation
Article 110 b
Where the amount of aid received in one year by a beneficiary is equal or less than the amount fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx that Member State shall not publish the name of that beneficiary as provided for in point (a) of the first subparagraph of Article 110a(1) of this Regulation. The amounts fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx and notified to the Commission under that Regulation shall be made public by the Commission in accordance with the rules adopted under Article 110d. Where the first paragraph of this Article applies the Member States shall publish the information referred to in points (b), (c) and (d) of the first subparagraph of Article 110a(1) and the beneficiary shall be identified by a code. Member States shall decide on the form of that code.Article 110b deleted Threshold
2012/10/18
Committee: AGRI
Amendment 814 #
Eric ANDRIEU
Proposal for a regulation
Article 110 c
Member States shall inform the beneficiaries that their data will be made public in accordance with Article 110a and that the data may be processed by auditing and investigating bodies of the Union and the Member States for the purpose of safeguarding the Union's financial interests. In accordance with the requirements of Directive 95/46/EC, where personal data is concerned, the Member States shall inform the beneficiaries of their rights under the data protection rules and of the procedures applicable for exercising those rights.Article 110c deleted Information of the beneficiaries
2012/10/18
Committee: AGRI
Amendment 815 #
Eric ANDRIEU
(a) on the form, including the way of presentation by measure, and the calendar of the publication foreseen in Articles 110a and 110b;
2012/10/18
Committee: AGRI
Amendment 816 #
Eric ANDRIEU
Proposal for a regulation
Article 110 d— subparagraph 1 — point b
(b) for the uniform application of Article 110c;deleted
2012/10/18
Committee: AGRI
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