19 Amendments of Mairead McGUINNESS related to 2018/0217(COD)
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
For the purposes of the financing, management and monitoring of the CAP, "force majeure" and "exceptional circumstances" mayshall, in particular, be recognised in the following cases:
Amendment 198 #
Proposal for a regulation
Article 3 – paragraph 1 – point –a (new)
Article 3 – paragraph 1 – point –a (new)
(-a) the death of the beneficiary;
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 1 – point –a a (new)
Article 3 – paragraph 1 – point –a a (new)
(a a) long-term professional incapacity of beneficiary;
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) a severe natural disaster or meteorological event gravely affecting the holding;
Amendment 205 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) market circumstances gravely affecting the holding;
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the accidental destruction of livestock buildings on the holding;
Amendment 283 #
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.
Amendment 323 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
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 agricultural reserve shall be funded from outside the EAGF and EAFRD.
Amendment 360 #
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 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 available appropriations under the EAGF.
Amendment 586 #
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a Common provisions 1. For any undue payment resulting from irregularities or other non-compliance on the part of beneficiaries, Member States shall request recovery from the beneficiary within 18 months of the approval and, where applicable, receipt, by the paying agency or body responsible for the recovery, of a control report or similar document, stating that an irregularity has taken place. The corresponding amounts shall be recorded at the time of the recovery request in the debtors' ledger of the paying agency. 2. 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 the non-recovery shall be borne by the Member State concerned and 50 % by the Union's budget, without prejudice to the requirement that the Member State concerned must pursue recovery procedures in compliance with Article 58. Where, in the context of the recovery procedure, the absence of any irregularity is recorded by an administrative or legal instrument of a final nature, the Member State concerned shall declare as expenditure to the Funds the financial burden borne by it under the first subparagraph. However, if for reasons not attributable to the Member State concerned, it is not possible for recovery to 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 period of up to half of the original period. 3. 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 aid scheme or support measure, 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 aid scheme or support measure, 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 the national law of the Member State concerned, of the debtor or the persons legally responsible for the irregularity. Where the decision referred to in the first subparagraph of this paragraph is taken before the outstanding amount has been subject to the rules referred to in paragraph 2, the financial consequence of non-recovery shall be borne by the Union's budget. 4. The Member States shall enter in the annual accounts to be sent to the Commission under Article 8(3)(a) the amounts to be borne by them under paragraph 2 of this Article. The Commission shall check that this has been done and make any adjustments needed in the implementing act referred to in Article 51. 5. The Commission may, provided that the procedure laid down in Article 53(3) has been followed, adopt implementing acts excluding from Union financing sums charged to the Union's budget in the following cases: (a) if the Member State has not respected the time limits referred to in paragraph 1; (b) if it considers that the decision not to pursue recovery taken by a Member State pursuant to paragraph 3 is not justified; (c) if it considers that an irregularity or lack of recovery is the outcome of irregularity or negligence attributable to the administrative authorities or another official body of the Member State. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2). Before those acts are adopted, the procedure laid down in paragraph 3 shall apply.
Amendment 625 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Member States shall set up efficient management and control systems, including early warning mechanisms, in order to ensure compliance with the Union legislation governing Union interventions.
Amendment 627 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 633 #
Proposal for a regulation
Article 57 – paragraph 6 – subparagraph 1 – point b
Article 57 – paragraph 6 – subparagraph 1 – point b
(b) the notification and communication to be made by the Member States to the Commission in relation to the obligations set out in paragraphs 3 and 4.
Amendment 634 #
Proposal for a regulation
Article 57 a (new)
Article 57 a (new)
Article 57(a) Undue payments and application of administrative penalties 1. Where a beneficiary fails to comply with the admissibility criteria, commitments or other obligations concerning the conditions for the granting of aid or support set out in Regulation (EU) .../... [CAP Strategic Plan Regulation] and other legislation in the agricultural sector, the aid shall not be paid or shall be completely or partly withdrawn and, where appropriate, the right to the corresponding payment as set out in Article 21 of Regulation (EU) .../... [CAP Strategic Plan Regulation] will not be allocated or will be withdrawn. This paragraph shall apply without prejudice to Articles 85 and 86. 2. Member States shall impose administrative penalties on the beneficiary of the aid or support and on other natural or legal persons, including groups or associations of such beneficiaries or other persons, bound by the obligations laid down in paragraph 1. These administrative penalties may take one of the following forms: (a) a reduction in the amount of aid or support paid or to be paid in relation to the aid application affected by the non- compliance or further applications; (b) payment of an amount calculated on the basis of the quantity and/or the period concerned by the non-compliance; (c) suspension or withdrawal of an approval, recognition or authorisation; (d) exclusion from the right to participate in or benefit from the aid scheme or support measure or other measure concerned; 3. Member States shall take appropriate precautions ensuring that the administrative penalties applied are proportionate and graduated according to the severity, extent, duration and recurrence of the non-compliance found. These administrative penalties shall be set within the following parameters: (a) the amount of the administrative penalty, as referred to in points (a) and (b) of paragraph 2, shall not exceed 100% of the amount of the aid applications or payment claims or the permitted amount to which the penalty is applied; (b) the suspension, withdrawal or exclusion referred to in points (c) and (d) of paragraph 2 may be set at a maximum of three consecutive years which may be renewed in the case of any new non- compliance. 4. No administrative penalties shall be imposed by the Member States: (a) where the non-compliance is due to an instance of force majeure or exceptional circumstances; (b) where the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the beneficiary concerned by the administrative penalty; (c) where the beneficiary concerned can demonstrate to the satisfaction of the competent authority that he or she is not at fault for the non-compliance with the obligations referred to in paragraph 1 or if the non-compliance was unintentional; (d) where the competent authority believes for other reasons that the beneficiary concerned is not at fault or that the non- compliance was unintentional; (e) where the non-compliance is of minor severity, extent or permanence. Where the non-compliance with the conditions for the granting of the aid is due to force majeure, the beneficiary shall retain the right to receive aid. The Commission may adopt, by means of implementing acts, provisions necessary for ensuring uniform application of the rules governing the notification and communication to be sent to the Commission by the Member States under the obligations set out in this paragraph. These implementing acts shall be adopted in accordance with the verification procedure referred to in Article 101(3).
Amendment 635 #
Proposal for a regulation
Article 57 b (new)
Article 57 b (new)
Article 57b The right to make mistakes 1. Member States may opt to include in their strategic plan national provisions providing beneficiaries with the right to modification or restoration of compliance of an administrative declaration or a request for aid or support with no reduction or penalty imposed if: (a) the beneficiary has committed a material error when reporting their situation; (b) the beneficiary has misunderstood the eligibility criteria, the commitments or other obligations concerning the award of the aid or support planned for their situation; This right to modification or restoration of compliance shall apply whenever the mistake or omission is committed in good faith and does not seem to constitute an attempt at fraud. The national authorities shall be responsible for determining 'good faith'.
Amendment 639 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
Member States shall ensure a level of checks needed for an effective management of the risks and may lower this level once the management and monitoring systems are functioning properly and the error rates are settled at an acceptable level.
Amendment 738 #
Proposal for a regulation
Article 84 – paragraph 3 – introductory part
Article 84 – paragraph 3 – introductory part
3. In their control system referred toorder to comply with their control obligations laid down in paragraph 1, Member States:
Amendment 750 #
Proposal for a regulation
Article 84 – paragraph 3 – point d a (new)
Article 84 – paragraph 3 – point d a (new)
(da) may establish an early warning system;
Amendment 751 #
Proposal for a regulation
Article 84 – paragraph 3 a (new)
Article 84 – paragraph 3 a (new)
3a. The Commission shall adopt , by means of implementing acts, rules on the carrying out of checks in order to verify compliance with the obligations referred to under Section 2 of Chapter 1 of Title III of Regulation (EU)…/… [CAP Strategic Plan Regulation], including rules allowing that risk analysis takes account of the following factors: (a) the participation of farmers in the farm advisory services system described in Article 13 of Regulation (EU) …/… [CAP Strategic Plan Regulation]; (b) the participation of farmers in a certification system as described in Article 12(3) of Regulation (EU)…/… [CAP Strategic Plan Regulation] once the Regulation covers the requirements and standards concerned. These implementing acts shall be adopted in accordance with the verification procedure referred to in Article 101(3).