49 Amendments of Momchil NEKOV related to 2018/0217(COD)
Amendment 106 #
Proposal for a regulation
Recital 11
Recital 11
(11) Involving paying agencies that have been accredited by the Member States is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant CAP Strategic Plans will be reached by the interventions financed by the Union's budget. It should, therefore, be explicitly provided in this Regulation that only expenditure effected by accredited paying agencies can be reimbursed from the Union's budget. In addition, the expenditure financed by the Union for the interventions referred to in the CAP Strategic Plan Regulation should have a corresponding output regarding and should comply with the basic Union requirements and the governance systems.
Amendment 107 #
Proposal for a regulation
Recital 14
Recital 14
(14) With a view to ensuring that the amounts for the financing of the CAP comply with the annual ceilings, the financial discipline mechanism by which the level of direct support is adjusted, should be maintained. However, the threshold of EUR 2000 should be abolished. An agricultural reserve should be maintained to support the agricultural sector in the event of market developments or major crises affecting the agricultural production or distribution. Article 12(2)(d) of Regulation (EU, Euratom) [New Financial Regulation] foresees that non-committed appropriations may be carried over to to the following financial year only. In order to significantly simplify the implementation for beneficiaries and national administrations, a roll-over mechanism should be used, using any unused amounts of the reserve for crises in the agricultural sector established in 2020. For this purpose a derogation from Article 12(2)(d) is necessary, allowing for non-committed appropriations of the agricultural reserve to be carried over without time limitation to finance the agricultural reserve in the following financial year(s). Furthermore, as regards the financial year 2020, a second derogation is necessary as the total unused amount of the reserve available at the end of year 2020 should be carried over to the year 2021 to the corresponding line of the new agricultural reserve without being returned to the budgetary lines which cover direct payment interventions under the CAP Strategic Plan.
Amendment 119 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) An agricultural reserve should be maintained to support the agricultural sector in the event of market developments or major crises affecting the agricultural production or distribution. The initial amount of the agricultural reserve in 2021 should be set up in the budget of the common agricultural policy. Article 12(2)(d) of Regulation(EU, Euratom) 2018/1046 foresees that non- committed appropriations may be carried over to the following financial year only. For this purpose a derogation from Article 12(2)(d) is necessary, allowing for non-committed appropriations of the agricultural reserve to be carried over without time limitation to finance the agricultural reserve in the following financial year(s).
Amendment 138 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should send the annual accounts and an annual performance report on the implementation of the CAP Strategic Plan to the Commission by 15 February N+1. Given the more complex nature of the result indicators and the necessary adaptation to the new delivery model, the deadline for the performance reporting on the realised results and distance to respective targets may be extended until 30 of April, at the latest. Where these documents are not sent, thus preventing the Commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure against reported outputs, the Commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received.
Amendment 152 #
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, and where the Member State cannot provide duly justified reasons, the Commission should be empowered to request the Member State concerned to take the necessary remedial actions in accordance withpresent an action plan to be established in consultation with the Commission and containing clear progress indicators, by means of an implementing act. The action plan shall describe the necessary remedial actions and the expected timeframe for its execution. Where the Member State fails to submit or to implement the action plan or where it becomes evident that 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.
Amendment 162 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Member States shall request recovery from the beneficiary following the occurrence of irregularities and other cases of non-compliance to the conditions of the interventions referred to in the CAP Strategic Plans. However, the cost of implementing those procedures may also be disproportionate to the amounts which are or may be collected. Consequently, Member States should be permitted to halt recovery procedures in certain cases.
Amendment 163 #
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) To ensure a level playing field between beneficiaries in different Member States, certain general rules should be introduced on controls and penalties at Union level.
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) an epizootic or a plant diseasepest affecting part or all of the beneficiary's livestock or crops respectively;
Amendment 223 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Competent authority 1. Member States shall designate an authority at ministerial level responsible for: (a) the issuing, reviewing and withdrawing of accreditation of paying agencies referred to inArticle 8(2); (b) the accreditation and withdrawal of the coordinating body referred to in Article 8(4); (c) the appointing of the certification body referred to in Article 11; (d) carrying out the tasks assigned to the competent authority under this Chapter. The competent authority shall, by way of a formal act, decide on the issuing or,following a review, the withdrawal of the accreditation of the paying agency and the coordinating body on the basis of an examination of the accreditation criteria to be adopted by the Commission in accordance with point (a) of Article 10(1). The competent authority shall inform the Commission of accreditations and withdrawals of accreditations without delay.
Amendment 234 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Paying agencies shall be departments or bodies of the Member States responsible for the management and control of expenditure referred in Article 5(2) and Article 6. They shall be responsible, in particular, for the drawn up and submission of the annual performance report referred in article 121(1) of Regulation (EU) …/…[CAP Strategic Plan Regulation].
Amendment 239 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
However, where paying agencies are established at regional level, Member States shall, in addition, either accredit a paying agency at national level for aid schemes which, by their nature, have to be managed at national level or Member States shall confer the management of these schemes on their regional paying agencies. The accreditation of paying agencies accredited for period 2014-2020 shall be carried over to the programming period 2021-2027 provided that new system operations and procedures implemented by the paying agency will be subject of an examination of the accreditation criteria to be adopted by the Commission in accordance with point (a) of Article 10 (1).
Amendment 243 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 5
Article 8 – paragraph 2 – subparagraph 5
Member States shall not appoint any new additional paying agency after the date of entry into force of this Regulation, except in case of administrative reorganization in the Member State.
Amendment 252 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point b
Article 8 – paragraph 3 – subparagraph 1 – point b
(b) the annual performance report referred to in article 121(1) of Regulation (EU) …/…[CAP Strategic Plan Regulation] and Article 52(1) showing that the expenditure was made in accordance with Article 35;
Amendment 258 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c – point ii
Article 8 – paragraph 3 – subparagraph 1 – point c – point ii
(ii) the proper functioning of the govinternancel control systems put in place and of compliance with the basic Union requirements , which give the necessary guarantees concerning the outputs reported in the annual performance report, as provided for in points (b) and (c) of Article 63(6) of the Financial Regulation,
Amendment 270 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The deadline of 15 February referred to in the first subparagraph may be exceptionally extended by the Commission to 1 March, upon request by the Member State concerned, as provided for in the second subparagraph Article 63(7) of the Financial Regulation. By derogation of the first paragraph and of suparagraph 3 (c) of this article, for the performance reporting on the realised results and distance to respective targets the deadline may be extended until 30 of April, at the latest.
Amendment 298 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The certification body shall be a public or private audit body designated by the Member Statecompetent authority for a minimum three year period, without prejudice to national law. Where it is a private audit body, and where the applicable Union or national law so requires, it shall be selected by the Member State by means of a public tendering procedure.
Amendment 303 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point c
Article 11 – paragraph 1 – subparagraph 2 – point c
(c) the performance reporting on output indicators for the purposes of the annual performance clearance referred to in Article 52 demonstrating that Article 35 of this Regulation is complied with and the performance reporting on result indicators for the multiannual performance monitoring referred to in Article 115 of Regulation (EU) …/… [CAP Strategic Plan Regulation], demonstrating that Article 35 of this Regulation is complied with, isare correct;
Amendment 319 #
A reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or in the case of crises affecting the agricultural production or distribution (“the agricultural reserve”) shall be established at the beginning of each year in the EAGF. The initial amount of the agricultural reserve in 2021 shall be set up in the budget of the common agricultural policy.
Amendment 353 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
The amount of the agricultural reserve shall be at least EUR 400 million in current prices at the beginning of each year of the period 2021-2027. The Commission may propose to adjust the amount of the annual reserve through the annual budgetary procedure or may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year, and taking into account the available appropriations under the EAGF.
Amendment 368 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3
Article 14 – paragraph 2 – subparagraph 3
Amendment 454 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall automatically decommit any portion of a budget commitment for rural development interventions in a CAP Strategic Plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 30(3) has been presented to it in relation to expenditure effected by 31 December of the seconthird year following that of the budget commitment.
Amendment 457 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. In the event of legal proceedings or of an administrative appeal having suspensory effect, the period for automatic decommitment referred to in paragraph 1 or 2 shall, in respect of the amount relating to the operations concerned, be interrupted for the duration of those proceedings or that administrative appeal, provided that the Commission receives a substantiated notification from the Member State by 31 January of year N + 34.
Amendment 465 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1 – point a
Article 32 – paragraph 4 – subparagraph 1 – point a
(a) that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the Commission at 31 December of year N + 23;
Amendment 488 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Reductions under this Article shall be applied in accordance with the principle of proportionality without prejudice to Article 51.
Amendment 508 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1
In case of delayed or insufficient progress towards targets in accordance with article 121 (9) Regulation (EU) …/…[CAP Strategic Plan Regulation] of the result indicators, as set out in the national CAP Strategic Plan and monitored in accordance with Articles 115 and 116 of Regulation (EU) …/…[CAP Strategic Plan Regulation], the Commission may ask the Member State concerned to implement the necessary remedial actions in accordance with an action plan with clear progress indicators, to be established in consultation with the Commissand where the Member State cannot provide duly justified reasons, the Commission may ask the Member State concerned to present and implement an action plan, to be established in consultation with the Commission . The action plan shall describe the necessary remedial actions and the expected timeframe for its execution.
Amendment 512 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
Where the Member States fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan presented by the Member State is manifestly insufficient to remedy the situation, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30. The Commission will take into account the timeframe indicated for the execution of the action plan before any suspension procedure is taken.
Amendment 530 #
Proposal for a regulation
Article 42 – paragraph 2 – subparagraph 2 – point a
Article 42 – paragraph 2 – subparagraph 2 – point a
(a) prior to 1 December but not before 16 October, pay advances of up to 50 % for direct payments interventions and for the measures referred to in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU)229/2013 respectively;
Amendment 580 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The Commission shall assess the amounts to be reduced on the basis of the difference between the annual expenditure declared for an intervention and the amount corresponding to the relevant reported output in accordance with the national CAP Strategic Plan and taking account of justifications provided by the Member State. The reductions will only affect the expenditure declared for the intervention without a corresponding output.
Amendment 587 #
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53 a Recoveries for non-compliance 1. Member States shall request recovery from the beneficiary for any undue payment following the occurrence of irregularities and other cases of non- compliance by beneficiares with the conditions of the interventions referred in the CAP Strategic Plan and bring legal proceeding to that effect as necessary. 2. On duly justified grounds, Member States may decide not to pursue recovery. A decision to this effect may be taken only in the following cases: (a) where the costs already and likely to be effected total more than the amount to be recovered, which condition shall be considered to have been met if: (i) the amount to be recovered from the beneficiary in the context of an individual payment for an intervention, not including interest, does not exceed EUR 100; or (ii) the amount to be recovered from the beneficiary in the context of an individual payment for an intervention, not including interest, falls between EUR 100 and EUR 250 and the Member State concerned applies a threshold equal to or higher than the amount to be recovered under its national law for not pursuing national debts; (b) where recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsiblefor the irregularity.
Amendment 595 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Commission shall assess the amounts to be excluded on the basis of the gravity of the deficiencies found taking into account the principle of proportionality.
Amendment 617 #
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
Amounts of the Union financing under the EAFRD which are cancelled and amounts recovered, and the interest thereon, that Member States will calculate after expiration of the period granted to the beneficiary for payment shall be reallocated to other rural development interventions in the same CAP Strategic Plan. However, the cancelled or recovered Union Funds may be reused in its entirety by Member States only for a rural development operation under the national CAP Strategic Plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment.
Amendment 624 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Member States shall set up efficient management and control systems in order to ensure compliance with the Union legislation governing Union interventions. The control systems shall be described in the national CAP Strategic Plan as indicated in article 101 of Regulation (EU) …/…[CAP Strategic Plan Regulation].
Amendment 628 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1 a (new)
Article 57 – paragraph 3 – subparagraph 1 a (new)
In the case of penalties in the form of a reduction in the amount of aid or support, the amount of the penalty for a given year shall not exceed 100% of the amount of the aid application, payment claim or of the eligible amount to which the penalty is applied. the same maximum percentage shall apply to payments of an amount calculated on the basis of a quantity and/or the period concerned by the non- compliance.
Amendment 629 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1 b (new)
Article 57 – paragraph 3 – subparagraph 1 b (new)
In the case of a penalty in the form of a suspension, withdrawal of an approval, recognition or authorisation or in the case of the exclusion from the right to participate in or benefit from an intervention under the CAP Strategic plan, the maximum period shall be set in three consecutive years.
Amendment 631 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2 – point c a (new)
Article 57 – paragraph 3 – subparagraph 2 – point c a (new)
(c a) where the non-compliance is of a minor nature;
Amendment 632 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2 – point c b (new)
Article 57 – paragraph 3 – subparagraph 2 – point c b (new)
(c b) where the non-compliance is due to obvious errors of the beneficiary in the aid application or payment claim, which are recognised by the competent authority and subject of correction and ajustment before communication of non-compliance by the competent authority to the beneficiary;
Amendment 646 #
Proposal for a regulation
Article 58 – paragraph 4 – subparagraph 1 – point e
Article 58 – paragraph 4 – subparagraph 1 – point e
Amendment 650 #
Proposal for a regulation
Article 62 – paragraph 3 – point a
Article 62 – paragraph 3 – point a
(a) which ensureing a non-discriminatory treatment, equity and the respect of proportionality when lodging a security;
Amendment 682 #
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. Member States shall set up a control and penalties system for the aid as referred to in Article 63.
Amendment 683 #
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
2. For each of the interventions referred in Article 63(2) Member States shall ensure that the control sample for on-the- spot checks carried out each year covers at least 5% of all beneficiaires. This percentage shall be appropriately increased where any significant non- compliance in the context of a given intervention or measure is detected. Member States may reduce the level of on-the-spot checks where the error rates remain at an acceptable level.
Amendment 684 #
Proposal for a regulation
Article 70 – paragraph 1 b (new)
Article 70 – paragraph 1 b (new)
3. If, in respect of a crop group defined by the Member State, the area declared for the purposes of any area-related intervention referred in Article 63(2) exceeds the area determined for payment, the aid shall be calculated on the basis of the area determined reduced by twice the difference found if that difference is more than either 3% or two hesctares, but no more than 20% of the area determined for payment. If the difference is more than 20% of the area determined for payment, no area-related aid or support shall be granted for the crop group concerned.
Amendment 686 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
4. Paragraphs 1 to 5 of Article 57 shall apply mutatis mutandis.
Amendment 737 #
Proposal for a regulation
Article 84 – paragraph 2 – point b a (new)
Article 84 – paragraph 2 – point b a (new)
(b a) ‘reoccurrence’ of a non- compliance means the non-compliance with the same requirement or standard determined more than once within a consecutive period of three calendar years, provided that the beneficiary has been informed of a previous non- compliance and, as the case may be, has had the possibility to take the necessary measures to terminate that previous non- compliance.
Amendment 740 #
Proposal for a regulation
Article 84 – paragraph 3 – point c
Article 84 – paragraph 3 – point c
(c) may, where appropriate and feasible, make use of remote sensing or the area monitoring system to carry out the on- the-spot checks referred to in point (a);
Amendment 791 #
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, the percentage of reduction shall be as a general rule 3% of the total amount of the payments referred to in paragraph 1 of this Article. The reduction shall be determined on the basis of the assessment of the importance of the non- compliance, based on the criteria established in paragraph 1 of this article, and shall not exceed 5%.
Amendment 800 #
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 2
Article 86 – paragraph 2 – subparagraph 2
Member States mayshall set up an early warning system that applies to individual cases of non-compliance occurring for the first time and which, given their minor severity, extent and permanence, shall not lead to a reduction or exclusion. The beneficiary shall be notified of the obligation to take remedial action. Where a subsequent check within three consecutive calendar years establishes that the non- compliance has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively.
Amendment 806 #
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 4
Article 86 – paragraph 2 – subparagraph 4
Member States may provide mandatory trainingshall foresee specific training on conditionality under the farm advisory system provided for in Section 3 of Chapter 1 of Title III of Regulation (EU) …/…[CAP Strategic Plan Regulation] to the beneficiaries who have received an early warning which can be made mandatory.
Amendment 811 #
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. In case of reoccurrence, 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. and shall not exceed 15%
Amendment 815 #
Proposal for a regulation
Article 86 – paragraph 3 – subparagraph 1 (new)
Article 86 – paragraph 3 – subparagraph 1 (new)
In case of subsequent reocurrences, and if no justified reason is provided, the beneficiary shall be considered to have acted intentionally within the meaning of paragraph 4 of this article.