9 Amendments of Jan MULDER related to 2011/0288(COD)
Amendment 33 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The certification body shall be a public or private audit body designated by the Member State which shall provide an opinion, drawn up in accordance with internationally accepted audit standards, following risk-based controls and taking into account the past performance of the Member State, on the management declaration of assurance covering the completeness, accuracy and veracity of the annual accounts of the paying agency, the proper functioning of its internalthe control systems, the legality and regularity of the underlying transactions, as well as the respect of the principle of sound financial management. This opinion shall state, inter alia, whether the examination puts in doubt the assertions made in the management declaration of assurance referred to in Article 7(3)(b).
Amendment 36 #
Proposal for a regulation
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 37 #
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) the sustainable development of the economical activity of holdings other than those referred to in paragraph (2)(d)farms including farm modernisation, competitiveness building, sectoral integration, innovation and market orientation;
Amendment 39 #
Proposal for a regulation
Article 44
Article 44
Whenre sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the numbers of checks carried out under Article 61 and their outcome and where the Member States overrun that period, the Commission may suspend the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time. , in accordance with the principle of proportionality, taking account of the extent of the delay and according to the detailed rules it has adopted on the basis of Article 48(5), the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time. In particular, the Commission shall clearly distinguish between a situation where the late submission of information places the annual budget discharge mechanism at risk, and a situation where such a risk does not exist.
Amendment 44 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
The Commission shall give sufficient prior notice of an on-the-spot check to the Member State concerned or the Member State within whose territory the check is to take place and shall coordinate checks with a view to reducing any negative impact on paying agencies. Agents from the Member State concerned may take part in such checks.
Amendment 45 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The Commission shall assess the amounts to be excluded on the basis of the gravity of the non-conformity recorded. It shall take due account of the nature and gravity of the infringement and of the financial damage caused to the Unionamounts excluded shall be based on an assessment of the risk to the agricultural funds stemming from the infringement.
Amendment 46 #
Proposal for a regulation
Article 54 – paragraph 2 a (new)
Article 54 – paragraph 2 a (new)
2a. The Commission shall base its financial corrections on individual cases of irregularity identified, or by taking account of the systemic nature of the irregularity to determine whether an extrapolated or flat rate correction should be applied. Flat rate corrections shall only be applied where it is impossible, due to the nature of the case, to either identify the extent and amount of the irregularity found or to extrapolate the amount to be corrected.
Amendment 53 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. The system set up by the Member States in accordance with Article 60(2) shall include, except where otherwise provided, systematic administrative checking of all aid applications and shall be supplemented by on-the-spot checid applications and payment claims by applying a risk-based approach according to the level of assurance that is required and shall be supplemented by on-the-spot checks whose purpose shall be to monitor the level of inherent risk and whose number shall be adjusted in the light of the inherent and control risks.
Amendment 54 #
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. As regards the on-the-spot checks, the authority responsible shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part and a risk-based part in order to obtain a representative error rate, while targeting also highest errors. the areas in which the risk of error is highest. To ensure that the checks are proportional, account needs to be taken of factors including: – the size of the sums involved; – the outcome of earlier audits of the management and control systems; – voluntary participation in management schemes certified on the basis of recognised international standards.