68 Amendments of Maria HEUBUCH related to 2018/0217(COD)
Amendment 43 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) In light of the new delivery model of the CAP, with its emphasis on results, it is necessary to measure outputs and impacts related to all the objectives of the CAP as outlined in Articles 5 and 6 of the Strategic Plans regulation [.../....], in order to provide assurance that the CAP funds are being used effectively.
Amendment 44 #
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25 b) Following the principle of budgetary efficiency, public funds should not be spent in the CAP that creates other costs for the environmental, public health, or development aid; such damaging activities should not receive CAP funding. Therefore, in providing assurance on effectiveness of CAP and EU spending, the concept of what constitutes a risk to the financial interests of the Union budget should include risks to the environment, public health, and Policy Coherence for Development. This also serves to ensure coherence in the CAP's and other EU policy priorities and objectives. Minimising additional costs in other areas should ensure efficiency in public spending.
Amendment 45 #
Proposal for a regulation
Recital 25 c (new)
Recital 25 c (new)
(25 c) Concentrated animal feeding operations should not be financed under the CAP.
Amendment 58 #
Proposal for a regulation
Recital 55
Recital 55
(55) Conditionality is an important element of the CAP, in ensuring that payments achieve a high degree of sustainability and ensuring a level playing field for farmers within and between member states, in particular with regard to its environmental and climate elements but also concerning public health and animal rwelated issuesfare. This implies that controls should be carried out and, where necessary, penalties should be applied to ensure the effectiveness of the conditionality system. To have athis level playing field between beneficiaries in different Member States, certain general rules on conditionality, and controls and penalties related to non- compliance should be introduced at Union level.
Amendment 60 #
Proposal for a regulation
Recital 56 a (new)
Recital 56 a (new)
(56 a) In order to maintain a level playing field between and within Member States in terms of farm relevant legislation and norms or good practices for environmental, public health and sanitary and animal welfare issues, there should be no exceptions to conditionality and the rules should therefore apply to all applicable beneficiaries.
Amendment 61 #
Proposal for a regulation
Recital 82
Recital 82
(82) The implementing powers of the Commission should also cover: rules aiming at reaching a uniform application of Member States' obligations regarding the protection of the financial interests of the Union and the necessary rules aiming at reaching a uniform application of checks in the Unionwhich should include the principle of budgetary efficiency by not allowing CAP payments that generate additional costs for the EU budget, and the necessary rules aiming at reaching a uniform application of checks in the Union. The Commission shall therefore also define rules ensuring the coherence between the CAP implementation by Member states and the Union’s other policies, with a particular attention being given to the environmental requirements laid down in Article 11 and 191 of the TFEU as well as the obligations in terms of Policy Coherence for Development set out in Article 208 TFEU.
Amendment 64 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. The EAGF shall not finance concentrated animal feeding operations.
Amendment 65 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
interventions that lead support concentrated animal feeding operations shall not be financed under the EAFRD.
Amendment 71 #
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) contribute to transparency of world markets, including ensuring Policy Coherence for Development;
Amendment 73 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Monitoring Policy Coherence for Development 1. In accordance with Article 208 TFEU, the impact of the CAP on food systems and on long-term food security in developing countries shall be subject to regular and independent assessments. This monitoring shall pay particular attention to the impact of agri-food trade flows between the EU and developing countries on (i) food production, processing and distribution in LDCs, (ii) local smallholder producers and women farmers (iii) products deemed to be sensitive by developing countries (iv) products from sectors where CAP coupled payments have been granted and where CAP crisis management measures have been deployed. 2. The assessment shall examine data from the EU market observatories, case studies, reporting on the Sustainable Development Goals, as well as evidence provided by partner countries and other relevant stakeholders such as civil society organisations. For this purpose, the sectoral and geographic scope of the EU market observatories shall be expanded to products deemed to be sensitive by partner countries and to cover LDCs. The Commission shall define, by means of delegated acts, the scope of and the procedure for the assessment. 3. If monitoring data indicate a risk of adverse affects on the agri-food production and processing or food security of a developing country, an early warning shall be issued by the European Commission, prompting a consultation between the Union and affected farming communities as well as partner country governments to agree remedial measures. A social safeguard shall be available to affected parties. 4. Should no early warning be issued but adverse effects occur, the affected party may file a complaint. Complaints shall be received by the European Parliament's Standing Rapporteur on Policy Coherence for Development and the complaint shall be handled by Hearing Officers in the European Commission. Evidence may be presented by the affected groups and other interested parties. 5. The Commission shall transmit an annual report to the Council and to the European Parliament about the results of the assessment, the evidence received and the EU’s policy response.
Amendment 75 #
Proposal for a regulation
Article 35 – paragraph 1 – point c – point i a (new)
Article 35 – paragraph 1 – point c – point i a (new)
(i a) it does no harm socially or environmentally and is coherent with EU policy aims and international commitments and obligations as per Articles 5 and 6 of the CAP strategic plans regulation.
Amendment 79 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The system set up by the Member States in accordance with Article 57(2) shall include systematic checks which shall also target the areas where the risk of errors is the highest and where the nature of those risks poses the highest degree of damage to the environment, climate, and public or animal health.
Amendment 82 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled 'The Future of Food and Farming' of 29 November 2017 concludes that the Common Agricultural Policy (hereinafter ‘CAP’) should continue to step up its response to future challenges and opportunities, by boosting employment, growth and investment, fighting and adapting to climate change and bringing research and innovation out of the laboratories and onto fields and markets. The CAP should furthermore address citizens' concerns regarding sustainable agriculture productional production, animal welfare and respect international obligations and commitments including the 2030 Agenda for Sustainable Development and the Paris Climate Agreement.
Amendment 99 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In accordance with Article 208 of the Treaty on the Functioning of the European Union (TFEU), the implementation of the CAP shall be in coherence with the objectives of development cooperation, including, inter alia, the 2030 Agenda for Sustainable Development. Measures taken under this regulation should jeopardise neither the food production capacity and long-term food security of developing countries, in particular least developed countries (LDCs), nor the achievement of the Union's climate change mitigation obligations under the Paris Agreement.
Amendment 129 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) The Commission's monitoring of agricultural markets should be extended to monitoring trade flows to and from developing countries in sectors which have been identified as sensitive by the partner countries, so as to ensure the coherence of CAP related agro-food sector trade outcomes with the EU’s commitment to Policy Coherence for Development.
Amendment 133 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) In light of the new delivery model of the CAP, with its emphasis on results, it is necessary to measure outputs and impacts related to all the objectives of the CAP as outlined in Articles 5 and 6 of the Strategic Plans regulation [.../....], in order to provide assurance that the CAP funds are being used effectively.
Amendment 134 #
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25 b) Following the principle of budgetary efficiency, public funds should not be spent in the CAP that creates other costs for the environmental, public health, or development aid; therefore such damaging activities should not receive CAP funding. Therefore in providing assurance on effectiveness of CAP and EU spending, the concept of what constitutes a risk to the financial interests of the Union budget should include risks to the environment and public health. This also serves to ensure coherence in the CAP's and other EU policy priorities and objectives. Minimising additional costs in other areas should ensure efficiency in public spending.
Amendment 135 #
Proposal for a regulation
Recital 25 c (new)
Recital 25 c (new)
(25 c) Following the principle of budgetary efficiency, concentrated feeding operations should not be financed under the CAP.
Amendment 150 #
Proposal for a regulation
Recital 30
Recital 30
(30) As regards the multi-annual performance monitoring the Commission should also have the power to suspend payments. Accordingly in cases of delayed or insufficient progress towards targets, set out in the national CAP Strategic Plan, the Commission should be empowered to request the Member State concerned to take the necessary remedial actions in accordance with an action plan to be established in consultation with the Commission anlocal, regional, national and international stakeholders. Such action plans should containing clear progress indicators, by means of an implementing act. Where the Member State fails to submit or to implement the action plan or where the action plan is manifestly insufficient to remedy the situation, the Commission should have the power to suspend the monthly or interim payments, by means of an implementing act. Particular attention should be paid to respect of the Union’s environmental legislation as well as EU and Member States' commitments to the 2030 Agenda for Sustainable Development and Treaty obligations.
Amendment 154 #
Proposal for a regulation
Recital 31
Recital 31
(31) As had been the case under Regulation (EU) No 1306/2013, the Commission should be empowered to suspend payments when serious deficiencies exist in the governance systems, including non-compliance with Union basic requirements and unreliability of reporting. In addition, incoherence between CAP implementation and other EU policies and commitments, inter alia, the SDGs, climate, environment and human rights obligations, should be considered as a deficiency in Member states’ governance systems, as well as an inefficient use of EU funds. It is, however, necessary to review the conditions for suspending payments in order to make the mechanism more efficient. The financial consequences of such suspensions should be decided in an ad-hoc conformity procedure.
Amendment 157 #
Proposal for a regulation
Recital 41
Recital 41
(41) The Commission is responsible for the implementation of the Union's budget in cooperation with Member States in accordance with Article 317 of the Treaty. The Commission should thus be empowered to decide, by means of implementing acts, whether the expenditure effected by the Member States is in conformity with Union law, priorities, and international agreements, inter alia, the 2030 Agenda for Sustainable Development and the Paris Climate Agreement. Member States should be afforded the right to justify their decisions to make payments and should have recourse to conciliation where there is no common agreement between them and the Commission. In order to give Member States legal and financial assurances as to expenditure effected in the past, a limitation period should be set for the Commission to decide which financial consequences should follow from the non- conformity.
Amendment 167 #
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49 a) An additional strategic orientation to ensure the coherence of CAP related agro-food sector trade outcomes with EU development policy objectives also needs to be respected in the planning and implementation by Member States of CAP policies and instruments, particularly regarding deployment of voluntary coupled support and of the agricultural reserve in addressing market crisis situations.
Amendment 168 #
Proposal for a regulation
Recital 53
Recital 53
(53) Having regard to the international structure of agricultural trade and in the interest of the proper functioning of the internal market and respect for the EU’s Policy Coherence for Development obligations, it is necessary to organise cooperation among the Member States and between Member states and third countries. It is also necessary to set up a centralised documentation system at Union level concerning undertakings established in third countries and which receive or make payments. Such a system should also contribute to the identification of incoherencies between the implementation of the CAP and the objectives of the external policies of the Union. It would contribute to monitoring achievement of the CAP objectives as outlined in the strategic plans regulation [.../...], by allowing evaluation of the impact of the aforementioned undertakings in third countries on the 2030 Agenda for Sustainable Development and the Union’s development objectives, as provided for in Article 208 TFEU.
Amendment 169 #
Proposal for a regulation
Recital 55
Recital 55
(55) Conditionality is an important element of the CAP, in ensuring that payments achieve a high degree of sustainability and ensuring a level playing field for farmers within and between member states, in particular with regard to its environmental and climate elements but also concerning public health and animal rwelated issuesfare. This implies that controls should be carried out and, where necessary, penalties should be applied to ensure the effectiveness of the conditionality system. To have athis level playing field between beneficiaries in different Member States, certain general rules on conditionality, and controls and penalties related to non- compliance should be introduced at Union level.
Amendment 173 #
Proposal for a regulation
Recital 56 a (new)
Recital 56 a (new)
(56 a) In order to maintain a level playing field between and within Member States in terms of farm relevant legislation and norms or good practices for environmental, public health and sanitary and animal welfare issues, there should be no exceptions to conditionality and the rules should therefore apply to all applicable beneficiaries. In addition, the statutory management requirements are based on pre-existing and self-standing laws to be applied in full in their own right by all EU authorities and all citizens. However, in the risk analysis that is used to select a sample of farms to be subject to controls, Member States may chose to apply different weighting factors to reflect the likelihood of non- compliance, so that unnecessary farm controls can be avoided without putting the EU funds in danger of being misspent. For example: smaller farms receive a lower risk weighting due to their size, but higher animal densities receive a higher weighting for animal welfare and public health issues, or organic farming receives a lower risk weighting for environmental or climate issues.
Amendment 181 #
Proposal for a regulation
Recital 67
Recital 67
(67) In this context the role played by civil society, including by the media and non-governmental organisations and their contribution to reinforcing the administrations' control framework against fraud and any misuse of public funds, should be properly recognised. The aforementioned actors should furthermore be encouraged to highlight and refer to the Commission Hearing officer established in [ref. Strategic plans reg.] when identifying incoherence between the implementation of the CAP and other Union policies, especially the EU environmental and development policies.
Amendment 188 #
Proposal for a regulation
Recital 82
Recital 82
(82) The implementing powers of the Commission should also cover: rules aiming at reaching a uniform application of Member States' obligations regarding the protection of the financial interests of the Union and the necessary rules aiming at reaching a uniform application of checks in the Unionwhich should include the principle of budgetary efficiency by not allowing CAP payments that generate additional costs for the EU budget, and the necessary rules aiming at reaching a uniform application of checks in the Union. The Commission shall therefore also define rules ensuring the coherence between the CAP implementation by Member states and the Union’s other policies, with a particular attention being given to the environmental requirements laid down in Article 11 and 191 of the TFEU as well as the obligations in terms of Policy Coherence for Development set out in Article 208 TFEU.
Amendment 219 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. The EAGF shall not finance concentrated feeding operations, following the principle of budgetary efficiency.
Amendment 221 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Following the principle of budgetary efficiency, interventions that lead support concentrated feeding operations shall not be financed under the EAFRD.
Amendment 226 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) measures required for the analysis, management, monitoring, information exchange and implementation of the CAP, and the implementation of the 2030 Agenda for Sustainable Development and Paris Climate Agreement, as well as measures relating to the implementation of control systems and technical and administrative assistance;
Amendment 227 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the actions taken by the Commission through remote-sensing applications used for the monitoring of agricultural resources and Member States' participation in farming practices consistent with the 2030 Agenda for Sustainable Development and the Paris Climate Agreement, in accordance with Article 23;
Amendment 229 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) studies on the CAP and evaluations of measures financed by the Funds, including improvement of evaluation methods and exchange of information on practices under the CAP, including consultations with local, regional, national, and international stakeholders, academic experts, NGOs, as well as studies carried out with the European Investment Bank (EIB);
Amendment 230 #
Proposal for a regulation
Article 7 – paragraph 1 – point h
Article 7 – paragraph 1 – point h
(h) contribution to measures relating to the dissemination of information, raising awareness, promoting cooperation and exchanging experiences at Unlocal, regional, national, EU and international level, and taken in the context of rural development interventions, including the networking of the parties concerned;
Amendment 281 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point d
Article 8 – paragraph 4 – subparagraph 1 – point d
(d) to promote and ensure harmonised application of Union rules and commitments and obligations to international agreements.
Amendment 307 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The certification body shall have the necessary technical expertise, not solely from a financial management aspect but also related to achieving the intended aims of the interventions and payments rewarding public goods. All data and information used to enable the certifying bodies to give assurance that the objectives and targets of the CAP are indeed being reached, as well as the assumptions made, shall be made available transparently and shall be evidence based and verifiable by third parties. It shall be operationally independent from the paying agency and the coordinating body concerned as well as from the authority which has accredited that agency and the bodies responsible for the implementation and the monitoring of the CAP.
Amendment 402 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) equitably and sustainably manage Union agricultural markets in a global context, including establishing and expanding market monitoring mechanisms at a regional and global level, taking account of development objectives;
Amendment 405 #
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) ensure agri-economic and agri- environmental-climate monitoring of agricultural land use and agricultural land use change, including agro-forestry, and monitoring of the condition of soil and crops so as to enable estimates to be made, in particular as regards yields and agricultural production and agricultural impacts associated with exceptional circumstances and to assess resilience of agricultural systems against climate change, as well as to assess progress on implementing agricultural practices helping to reach climate goals and targets established by the 2030 Agenda for Sustainable Development and the Paris Climate Agreements;
Amendment 406 #
Proposal for a regulation
Article 23 – paragraph 1 – point b a (new)
Article 23 – paragraph 1 – point b a (new)
(b a) ensure sufficient monitoring of the natural resources upon which agricultural production is dependent, particularly soil and water, to enable sound assessment of efficacy of CAP spending to deliver public goods.
Amendment 407 #
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) contribute to transparency of world markets, including ensuring policy coherence for development ;
Amendment 409 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Pursuant to point (c) of Article 7 the Commission shall finance the actions concerning the collection or purchase of data needed to implement and monitor the CAP and its effects, both inside and outside of the Union, including satellite data, geo-spatial data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions, remote sensing used to assist in the monitoring of agricultural land use change and soil health and quality and the updating of agri-meteorological and econometric data and models. Where necessary, those actions shall be carried out in collaboration with EEA, Eurostat, JRC, national laboratories and bodies or with the involvement of the private sector on the condition that impartiality and transparency are assured, in the spirit of open source information for shared and common resources in the public realm.
Amendment 410 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
The Commission and Member States shall collaborate to enable access to the data and information necessary to measure progress and performance of the CAP; this may include sharing information and data.
Amendment 411 #
Proposal for a regulation
Article 23 – paragraph 2 b (new)
Article 23 – paragraph 2 b (new)
The Commission shall ensure funding to maintain, and if needed expand, LUCAS and other tools available to measure the development of topsoil formation and humification, soil erosion, pesticide accumulation, in order to allow it to provide assurance of effective spending of EU funds to achieve the objectives of the CAP outlined in the Strategic Plans Regulation [.../....].
Amendment 412 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Monitoring Policy Coherence for Development 1. In accordance with Article 208 TFEU, the impact of the CAP on food systems and on long-term food security in developing countries shall be subject to regular and independent assessments. This monitoring shall pay particular attention to the impact of agri-food trade flows between the EU and developing countries on (i) food production, processing and distribution in LDCs, (ii) local smallholder producers and women farmers (iii) products deemed to be sensitive by developing countries (iv) products from sectors where CAP coupled payments have been granted and where CAP crisis management measures have been deployed. 2. The assessment shall examine data from the EU market observatories, case studies, reporting on the Sustainable Development Goals, as well as evidence provided by partner countries and other relevant stakeholders such as civil society organisations. For this purpose, the sectoral and geographic scope of the EU market observatories shall be expanded to products deemed to be sensitive by partner countries and to cover LDCs. The Commission shall define, by means of delegated acts, the scope of and the procedure for the assessment. 3. If monitoring data indicate a risk of adverse affects on the agri-food production and processing or food security of a developing country, an early warning shall be issued by the European Commission, prompting a consultation between the Union and affected farming communities as well as partner country governments to agree remedial measures. A social safeguard shall be available to affected parties. 4. Should no early warning be issued but adverse effects occur, the affected party may file a complaint. Complaints shall be received by the European Parliament's Standing Rapporteur on Policy Coherence for Development and the complaint shall be handled by Hearing Officers in the European Commission. Evidence may be presented by the affected groups and other interested parties. 5. The Commission shall transmit an annual report to the Council and to the European Parliament about the results of the assessment, the evidence received and the EU’s policy response.
Amendment 437 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. After receiving the last annual performance report on the implementation of a CAP Strategic Plan and on the condition that the Member State concerned has demonstrated to the Commission that it is achieving quantified, measurable and objective or scientifically verifiable results towards climate, environmental, and development sustainability including the 2030 Agenda for Sustainable Development and the Paris Agreement , the Commission shall pay the balance, subject to the availability of resources, on the basis of the financial plan in force at the level of the types of EAFRD interventions, the annual accounts for the last execution year for the relevant CAP Strategic Plan and of the corresponding clearance decisions. Those accounts shall be presented to the Commission no later than six months after the final eligibility date of expenditure provided for in Article 80(3) of Regulation (EU) No…/…[CAP Strategic Plan Regulation] and shall cover the expenditure effected by the paying agency up to the last eligibility date of expenditure.
Amendment 474 #
Proposal for a regulation
Article 35 – paragraph 1 – point c – point i
Article 35 – paragraph 1 – point c – point i
(i) it is matched by a corresponding reported output as per annex I of the CAP strategic plans regulation that assures at least a Union-wide baseline of sustainability, and
Amendment 475 #
Proposal for a regulation
Article 35 – paragraph 1 – point c – point i a (new)
Article 35 – paragraph 1 – point c – point i a (new)
(i a) it does no harm socially or environmentally and is coherent with EU policy aims and international commitments and obligations as per Articles 5 and 6 of the CAP strategic plans regulation.
Amendment 478 #
Proposal for a regulation
Article 35 – paragraph 1 – point c – point ii
Article 35 – paragraph 1 – point c – point ii
(ii) it has been effected in accordance with the applicable governance systems, not extending to the eligibility conditions for individual beneficiaries laid down in the national CAP Strategic Planrespecting the conditionalities laid down in the national CAP Strategic Plans that ensure a common approach and a level playing field between member states.
Amendment 547 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
The provision of information financed pursuant to point (e) of Article 7 shall aim, in particular, to help explain, implement and develop the CAP and to raise public awareness of its content and objectives to reinstate consumer confidence followincluding its impact on climate, environment and development both inside and outside of the Union. This is to inform citizens about the challenges faced, including crises, through impartial, evidence-based and objective information campaigns, to inform farmers and other parties active in rural areas, and to promote the Europeantransition to a sustainable EU model of agriculture, as well as to help citizens understand it.
Amendment 567 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. Member States shall make available to the Commission information about irregularities within the meaning of Regulation (EU, Euratom) No 2988/95 and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, suspected fraud cases detected, and information about the steps taken pursuant to Section 3 of this Chapter to recover undue payments in connection with those irregularities and frauds. The Commission will summarise this information and publish multiannual reports, communicating them to the European Parliament.
Amendment 636 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The system set up by the Member States in accordance with Article 57(2) shall include systematic checks which shall also target the areas where the risk of errors is the highest and where the nature of those risks poses the highest degree of damage to the environment, climate, and public or animal health.
Amendment 644 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 2
Article 58 – paragraph 2 – subparagraph 2
Checks shall not be carried out by the Member States at the level of the EIB or other international financial institutions in which a Member State is a shareholder. Those systematic conformity and coherence checks should be carried out on EU or appropriate level.
Amendment 654 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The integrated system shall apply to the area- and animal-basedall interventions listed in Chapters II and IV of Title III of Regulation (EU) …/… [CAP Strategic Plan Regulation] and to the measures referred to in Chapter IV of Regulation (EU) No 228/201331 and in Chapter IV of Regulation (EU) 229/201332 respectively. _________________ 31 Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) 247/2006 (OJ L 78, 20.3.2013, p. 23). 32 Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).
Amendment 664 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. The integrated system shall operate on the basis of electronic databases and geographic information systems and shall enable the exchange and integration of data between the electronic databases and the geographic information systems (GIS). To this end, GIS shall enable layering of geo- spatial data on farm parcels and cadastral or reference parcels to those delimiting protected zones and designated areas established according to the EU legislation listed in Annex XI of the Regulation (EU) …/… [CAP Strategic Plan Regulation], such as Natura 2000 areas or Nitrate vulnerable zones, as well as the landscape features and ecological infrastructures (trees, hedges, ponds, buffer strips, riparian margins, etc.).
Amendment 671 #
Proposal for a regulation
Article 65 – paragraph 5 a (new)
Article 65 – paragraph 5 a (new)
5 a. Member States shall ensure that beneficiaries and potential beneficiaries have access to all the reference data and attribute data regarding the land they use or intend to use, in order to enable them to make an accurate application.
Amendment 709 #
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. Member States shall send the Commission a list of undertakings established in a third country for which payment of the amount in question has or should have been made or received in that Member State. When necessary, the Commission shall invite experts from third countries, including development countries, in order to obtain an assessment on the external impacts of CAP implementation.
Amendment 729 #
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 1
Article 84 – paragraph 1 – subparagraph 1
Member States shall set up a control system to ensure that all beneficiaries of the aid referred to in Article 11 of Regulation (EU) …/… [CAP Strategic Plan Regulation] and in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively, comply with the obligations referred to in Section 2 of Chapter 1 of Title III of Regulation (EU) …/…[CAP Strategic Plan Regulation]. There should be no exemptions to this provision, although Member States may continue to use weighting factors, applied to the whole population of CAP beneficiaries, to adjust the control sample to target farms, providing assurance of sound financial expenditure of EU funds while avoiding unnecessary controls of least risky farms.
Amendment 747 #
Proposal for a regulation
Article 84 – paragraph 3 – point d
Article 84 – paragraph 3 – point d
(d) establish the control sample for the checks referred to in point (a) to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 15% of beneficiaries receiving the aid provided for in Section 2 of Chapter 1 of Title III of Regulation (EU) …/… [CAP Strategic Plan Regulation].
Amendment 749 #
Proposal for a regulation
Article 84 – paragraph 3 – point d a (new)
Article 84 – paragraph 3 – point d a (new)
(d a) The control sample shall cover at least 10% of beneficiaries identified as being at risk of non-compliance of animal welfare legislation, based on risk factors identified by the Member States.
Amendment 761 #
Proposal for a regulation
Article 85 – paragraph 1 – subparagraph 3
Article 85 – paragraph 1 – subparagraph 3
Amendment 792 #
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 1
Article 86 – paragraph 2 – subparagraph 1
In the case of non-compliance due to negligence that is not minor, the percentage of reduction shall be as a general rule 3proportional to the negative impacts on the environment, public health, workers rights or animal welfare, but as a minimum 7% of the total amount of the payments referred to in paragraph 1 of this Article.
Amendment 809 #
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. In case of reoccurrence of non- compliance that is not minor, the percentage reduction shall be higher than the one to be applied in case of non- compliance due to negligence and sanctioned for the first time. It shall be proportional to the negative impacts on the environment, public health, workers rights or animal welfare. The sanction should be at least 25% of the total amount of the payments referred to in paragraph 1 of this Article.
Amendment 818 #
Proposal for a regulation
Article 86 – paragraph 4
Article 86 – paragraph 4
4. In case of intentional non- compliance that is not minor, the percentage shall be higher than the one applied in case of reoccurrence pursuantat least 50% of the total amount of the payments referred to in paragraph 31 of this Article and may go as far as total exclusion from payments and may apply for one or more calendar years. It shall be proportional to the negative impacts on the environment, public health, workers rights or animal welfare.
Amendment 828 #
Proposal for a regulation
Article 86 – paragraph 5 a (new)
Article 86 – paragraph 5 a (new)
5 a. In cases where a beneficiary has been condemned for crimes in the jurisdiction of the member states that relate to CAP payments or use of CAP funds, for example fraud, environmental crimes, abuse of workers' rights or animal welfare, payment exclusions shall be automatically applied retroactively from the start of the misdeed, in proportion to the length and severity of the crime.
Amendment 832 #
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
Member States may retain 20 100% of the amounts resulting from the application of the reductions and exclusions referred to in Article 86 and spend it on the Farm Advisory System to ensure beneficiaries in general are informed and empowered to abide by the EU level conditionalites set out in articles 11 and 12 of the Strategic Plans Regulation [..../....] section 2 of chapter I of title III.
Amendment 845 #
Proposal for a regulation
Article 96 – paragraph 2
Article 96 – paragraph 2
2. [Article 44(3)-(5) of Regulation (EU) …/…CPR Regulation] shall apply in respect of beneficiaries of EAFRD and EAGF, where relevant; however, the amounts corresponding to the national contribution and the co-financing rate, as provided for in points (h) and (i) of Article 44(3) of that Regulation shall not apply to EAGF.
Amendment 848 #
Proposal for a regulation
Article 96 – paragraph 3 – indent 2
Article 96 – paragraph 3 – indent 2
– –"location" means either the municipality where the beneficiary or ultimate beneficial owner is resident or is registered and, where available, the postal code or the part thereof identifying the municipality, or the parcel on which the operation has taken place".
Amendment 852 #
Proposal for a regulation
Article 96 – paragraph 4 – subparagraph 1
Article 96 – paragraph 4 – subparagraph 1
The information referred to in Article 44(3)-(5) of that Regulation shall be made available on a single website per Member State. It shall remain available for twofive years from the date of the initial publication.
Amendment 854 #
Proposal for a regulation
Article 96 – paragraph 4 – subparagraph 2
Article 96 – paragraph 4 – subparagraph 2