[ParlTrack]

Proposal for a regulation
Article 29 – paragraph 3

3. ~~No a~~Additional prefinancing shall be paid or recovered where a transfer to or from the EAFRD has taken place in accordance with Article 90 of Regulation (EU) …/… [CAP Strategic Plan Regulation].

2018/12/10
Committee: AGRI

Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 43 – paragraph 1 – point b

(b) amounts corresponding to penalties applied in accordance with the rules on conditionality as referred to in Article 11 of Regulation (EU) …/… [CAP Strategic Plan Regulation], as regards expenditure under EAGF;deleted

2018/12/10
Committee: AGRI

Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 46 – paragraph 1

For the purposes of Article 127 of the Financial Regulation, the Commission shall take assurance from the work of the certification bodies referred to in Article 11 of this Regulation, unless it has informed the Member State that it cannot rely on the work of the certification body for a given financial year, and it shall take it into account in its risk assessment of the need for Commission audits in the Member State concerned.

2018/12/10
Committee: AGRI

Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2 a (new)

With regard to Article 57, paragraph 1, point e, a decision of exclusion shall not require Member States to recover amounts from beneficiaries acting in good faith.

2018/12/10
Committee: AGRI

Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 54 – paragraph 1

Sums recovered by the Member States following the occurrence of irregularities and other cases of non-compliance by beneficiaries with the conditions of the interventions referred to in the CAP Strategic Plan and the interest thereon shall be made over to the paying agency and ~~booked by it as revenue assigned to the EAGF in the month in which the sums are actually r~~reallocated to interventions addressing climate and environmental objecetiveds.

2018/12/10
Committee: AGRI

Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 57 – paragraph 2

2. Member States shall set up efficient management and control systems in order to ensure ~~compliance~~assurance of 98 % with the Union legislation governing Union interventions.

2018/12/10
Committee: AGRI

Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 84

Control system for conditionality 1. Member States shall set up a control system to ensure that 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]. Member States may make use of their existing control systems and administration to ensure compliance with the rules on conditionality. Those systems shall be compatible with the control system referred to in the first subparagraph of this paragraph. Member States shall conduct a yearly review of the control system referred to in the first subparagraph in light of the results achieved. 2. For the purposes of this Chapter, the following definitions shall apply: (a) "requirement" means each individual statutory management requirement under Union law referred to in Article 11 of Regulation (EU) …/…[CAP Strategic Plan Regulation] within a given act, differing in substance from any other requirements of the same act; (b) "act" means each of the individual Directives and Regulations referred to in Article 11 of Regulation (EU) …/…[CAP Strategic Plan Regulation]. 3. In their control system referred to in paragraph 1 Member States: (a) shall include on-the-spot checks to verify compliance by beneficiaries with the obligations laid down in Section 2 of Chapter 1 of Title III of Regulation (EU) …/… [CAP Strategic Plan Regulation]; (b) may decide, depending on the requirements, standards, acts or areas of conditionality in question, to use the checks carried out under the control systems applicable to the respective requirement, standard, act or area of conditionality, provided the effectiveness of these checks is, at least, equal to the on-the-spot checks referred to in point (a); (c) may, where appropriate, make use of remote sensing or the area monitoring system to carry out the on-the-spot checks referred to in point (a); (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 1% of beneficiaries receiving the aid provided for in Section 2 of Chapter 1 of Title III of Regulation (EU) …/… [CAP Strategic Plan Regulation].Article 84 deleted

2018/12/10
Committee: AGRI

Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 85

System of administrative penalties for conditionality 1. Member States shall set up a system providing for the application of administrative penalties to beneficiaries referred to in Article 11 of Regulation (EU) …/… [CAP Strategic Plan Regulation] who do not comply, at any time in the calendar year concerned, with the rules on conditionality as laid down in Section 2 of Chapter 1 of Title III of that Regulation ("penalty system"). Under that system, the administrative penalties referred to in the first subparagraph shall only apply where the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned; and where one or both of the following conditions are met: (a) the non-compliance is related to the agricultural activity of the beneficiary; (b) the area of the holding of the beneficiary is concerned. With regard to forest areas, however, the administrative penalty referred to in the first subparagraph shall not apply where no support is claimed for the area concerned in accordance with Articles 65 and 66 of Regulation (EU) …/…[CAP Strategic Plan Regulation]. 2. In their penalty systems referred to in paragraph 1, Member States: (a) shall include rules on the application of administrative penalties in cases where the land is transferred during the calendar year concerned or the years concerned. These rules shall be based on a fair and equitable attribution of the liability for non-compliances among transferors and transferees; For the purpose of this point, 'transfer' means any type of transaction whereby the agricultural land ceases to be at the disposal of the transferor. (b) may decide, notwithstanding paragraph 1, not to apply a penalty per beneficiary and per calendar year when the amount of the penalty is EUR 100 or less. The finding and the obligation to take remedial action shall be notified to the beneficiary; (c) shall provide that no administrative penalty be imposed where the non- compliance is due to force majeure. 3. The application of an administrative penalty shall not affect the legality and regularity of the expenditure to which it applies.Article 85 deleted

2018/12/10
Committee: AGRI

Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 86

~~[...]~~deleted

2018/12/10
Committee: AGRI

Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 87 – paragraph 1

Member States may retain 20 % of the amounts resulting from the application of the reductions and exclusions ~~referred to in Article 86~~in respect of conditionality as referred to in section 2 of chapter I of Title III of Regulation (EU) …/… [CAP Strategic Plan Regulation]. By derogation to the first subparagraph, Member States may retain 100% of those amounts if reallocated to interventions addressing climate and environmental objectives.

2018/12/10
Committee: AGRI

10 Amendments of Annie SCHREIJER-PIERIK related to 2018/0217(COD)

ParlTrack - 2011-2024