57 Amendments of Britta REIMERS related to 2011/0288(COD)

Proposal for a regulation
Recital 54

(54) As regards Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy the provisions will only be operational under cross compliance when all Member States will have fully implemented them in particular with clear obligations for farmers. According to the Directive the requirements at farm level will be applied at the latest by 1 January 2013.deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Recital 55

(55) As regards Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides the provisions will only be operational under cross compliance when all Member States will have fully implemented them in particular with clear obligations for farmers. According to the Directive the requirements at farm level will be progressively applied following a time schedule and in particular the general principles of integrated pest management will be applied at the latest by 1 January 2014.deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Recital 56

(56) According to Article 22 of Directive 2000/60/EC, Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances shall be repealed on 23 December 2013. In order to maintain the rules under cross compliance related to protection of groundwater, it is appropriate, while awaiting the inclusion of Directive 2000/60/EC in cross compliance, to adjust the scope of cross-compliance and to define a standard of good agricultural and environmental condition encompassing the requirements of Articles 4 and 5 of the Directive 80/68/EEC.deleted

2012/07/20
Committee: AGRI

George LYON, Sylvie GOULARD, Britta REIMERS, Liam AYLWARD

Proposal for a regulation
Recital 57

(57) The cross compliance system implies certain administrative constraints for both beneficiaries and national administrations since record keeping must be ensured, checks must be carried out and penalties have to be applied where necessary. Those penalties should be proportionate, risk- based, effective and dissuasive. Such penalties should be without prejudice to other penalties laid down under other provisions of Union or national law. For the sake of consistency, it is appropriate to merge the relevant Union provisions into one single legal instrument. For farmers participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP], the efforts to be made under the cross compliance system may be considered as exceeding the benefit of keeping those farmers under that system. For reasons of simplification, those farmers should therefore be exempted from the cross compliance ~~and in particular from its control system and from the risk of~~control system and should only be subject to cross- compliance penalties~~. However, that exemption~~ in cases of severe non-compliance with the statutory management requirements. However, the special treatment of those farmers as regards cross-compliance should be without prejudice to the obligation to respect the applicable provisions of the sectoral legislation and to the possibility to be checked and to be imposed penalties under that legislation. pursuant to controls independent from the Common Agricultural Policy.

2012/07/20
Committee: AGRI

George LYON, Sylvie GOULARD, Britta REIMERS, Liam AYLWARD

Proposal for a regulation
Recital 60

(60) An effective implementation of cross compliance requires verification at beneficiaries' level that obligations are respected. Where a Member State decides to make use of the option not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, for a sample of beneficiaries in the following year, verify that the findings of the non- compliance concerned have been remedied. Member States may also set up an early- warning system applicable to non-severe first non-compliances to achieve a better acceptance of the cross compliance system by farming communities and better involve farmers in the implementation of the requirements. This should take the form of a warning letter which shall be followed by remedial action by the beneficiary concerned and checked by the Member State in the following year.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

The certification body shall be a public or private audit body ~~designa~~, selected by the Member State, which shall provide an opinion ~~on the management declaration of assurance covering~~, 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 completeness, accuracy and veracity of the annual accounts of the paying agency, the proper functioning of ~~its internal~~the control system,s put in place as well as 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).

2012/07/20
Committee: AGRI

George LYON, Britta REIMERS, Liam AYLWARD

Proposal for a regulation
Article 12 – paragraph 2 – point d

(d) the sustainable development of the economical activity of the small farms as defined by the Member States and at least of the farms participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP].deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
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;

2012/07/20
Committee: AGRI

Peter JAHR, Britta REIMERS

Proposal for a regulation
Article 29

~~Without prejudice to the eligibility for support under Article 30(2)~~Save with regard to support provided for under Articles 29 and 30 of Regulation EAFRD/2012, which is without prejudice to payments under Chapter II of Title III of Regulation ~~(EU) No RD/xxx~~DP/2012, expenditure financed under the EAFRD shall not be subject of any other financing under the EU budget.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 42 – paragraph 2

~~2. Where the latest possible date of payment is not respected by the Member States, they shall pay the beneficiaries default interests, supported from the national budget.~~deleted

2012/07/20
Committee: AGRI

Peter JAHR, Britta REIMERS

Proposal for a regulation
Article 44

Article 44 Suspension of payments in case of late submission When sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the numbers of checks carried out and their outcome and 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.deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 44 – paragraph 1

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.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 48 – paragraph 7 – subparagraph 1 – point c

~~(c) rules on the payment by the Member States of default interests to the beneficiaries as referred to in Article 42(2).~~deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 50 – paragraph 3

3. Member States shall make available to the Commission all information about irregularities ~~and suspected fraud cases~~ detected, and about the steps taken to recover undue payments in connection with those irregularities and frauds pursuant to Section III of this Chapter.

2012/07/20
Committee: AGRI

Proposal for a regulation
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.

2012/07/20
Committee: AGRI

George LYON, Sylvie GOULARD, Britta REIMERS, Liam AYLWARD

Proposal for a regulation
Article 64 – paragraph 1 a (new)

In order to ensure correct and efficient application of the checks and that the verification of the eligibility conditions is carried out in and efficient, coherent and non-discriminatory way which protects the financial interest of the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 111, concerning the rules on the minimum level of on-the-spot checks necessary for an effective, proportionate and risk-based management of the risks, as well as the conditions under which Member States have to increase such checks, or may reduce them where the error rates are at an acceptable level including time limits by which the Commission shall respond to an indication that the Member State intends to reduce its on-the-spot checks;

2012/07/20
Committee: AGRI

George LYON, Sylvie GOULARD, Britta REIMERS, Liam AYLWARD

Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1 – point b

(b) the rules on the minimum level of on- the-spot checks necessary for an effective management of the risks, as well as the conditions under which Member States have to increase such checks, or may reduce them where the management and control systems function properly and the error rates are at an acceptable level;deleted

2012/07/20
Committee: AGRI

George LYON, Sylvie GOULARD, Britta REIMERS, Liam AYLWARD

Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2

The amount of the reduction of aid shall be graduated proportionately to the gravity and nature of the infringement found, according to the severity, extent, duration and reoccurrence of the non compliance found and may go as far as total exclusion from one or several aid schemes or support measures for one or more calendar years.

2012/07/20
Committee: AGRI

George LYON, Sylvie GOULARD, Britta REIMERS, Liam AYLWARD

Proposal for a regulation
Article 65 – paragraph 3 a (new)

3a. The amounts concerned by the withdrawal referred to in paragraph 1a and by the administrative penalties referred to in paragraph 2 shall be graduated proportionately to the gravity and nature of the infringement found, according to the severity, extent, duration and reoccurrence of the non compliance found.

2012/07/20
Committee: AGRI

Peter JAHR, Britta REIMERS

Proposal for a regulation
Article 70 – paragraph 2

2. Member States may set up decentralised databases on condition that these, and the administrative procedures for recording and accessing data, are designed ~~homogeneously~~ throughout the territory of the Member State ~~and are compatible with one another in order~~in such a way as to allow for cross- checks.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 77 – paragraph 2 – point b

~~(b) provisions required for a harmonised definition of the basis for calculation of aid, including rules on how to deal with certain cases where eligible areas contain landscape features or trees;~~deleted

2012/07/20
Committee: AGRI

George LYON, Brian SIMPSON, Britta REIMERS

Proposal for a regulation
Article 91 – paragraph 2 – subparagraph 1 – point b

(b) the non-compliance is related to the agricultural activity of the beneficiary; ~~and~~or

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 91 – paragraph 2 – subparagraph 1 a (new)

Without prejudice to Article 97, non- compliance due to technical failure of the systems for identification and registration of animals shall not be considered as resulting from 'an act or omission directly attributable to the beneficiary concerned'.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 91 – paragraph 2 – subparagraph 2

However, for forest areas this penalty shall not apply ~~in so far as no support is claimed for the concerned area in accordance with Articles 22(1)(a), 31 and 35 of Regulation (EU) No xxx/xxx[RD]~~.

2012/07/20
Committee: AGRI

George LYON, Sylvie GOULARD, Britta REIMERS, Liam AYLWARD

Proposal for a regulation
Article 91 – paragraph 2 a (new)

2a. Member States may set up a warning system to allow non-compliant beneficiaries to remedy the irregularity before any administrative penalty is imposed. Where a Member State decides to make use of this option, the competent authority shall send an initial letter of warning to the beneficiary, notifying the finding and the obligation to take remedial action. The competent authority shall also take, in the following year, the actions necessary to verify that the beneficiary has remedied the findings of non-compliance concerned. Such warning system shall only be applicable in cases of first non- compliance which are not considered 'severe' and whose 'extent' is strictly limited to the farm of the beneficiary responsible for the non-compliance, according to the criteria as defined in Article 99a.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 92 – paragraph 1

Article 91 shall apply to beneficiaries receiving direct payments under Regulation (EU) No xxx/xxx[DP]~~, payments under Articles 44 and 45 of Regulation (EU) No xxx/xxx[sCMO]~~ and the annual premia under Articles 22(1) (a), 29 and ~~(b), 29 to 32~~30, 31 in so far as it is concerned with agricultural areas, 342 and 354 of Regulation (EU) No xxx/xxx[RD].

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 92 – paragraph 2

However, Article 91 shall not apply to ~~beneficiaries participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP] and to~~ the beneficiaries receiving aid under Article 29(9) of Regulation (EU) No RD/xxx.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 92 – paragraph 2

~~However~~Without prejudice to paragraph 2a, Article 91 shall not apply to beneficiaries participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP] and to the beneficiaries receiving aid under Article 29(9) of Regulation (EU) No RD/xxx.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 92 – paragraph 2 a (new)

Member States shall however ensure that beneficiaries participating in the small farmers scheme as referred to in Title V of Regulation (EU) No xxx/xxx[DP] who are found in severe breach of their obligations under sectoral legislation related to their agricultural activity following national controls lose their right of participation in the small farmers scheme.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 93 – paragraph 2

The acts referred to in Annex II in relation to the statutory management requirements shall apply as in force and, in case of Directives, as implemented by the Member States, following legislative proposals from the Commission.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 93 – paragraph 3

Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy will be considered as being part of Annex II once this Directive is implemented by all Member States and the obligations directly applicable to farmers have been identified. In order to take account of those elements the Commission shall be empowered to adopt delegated acts in accordance with Article 111 for the purpose of amending the Annex II within 12 months starting at the moment the last Member State has notified the implementation of the Directive to the Commission.deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 93 – paragraph 3

Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy ~~will~~may be considered as being part of Annex II once this Directive is implemented by all Member States and the obligations directly applicable to farmers have been identified. In order to take account of thoese elements the Commission shall be empowered to adopt delegated acts in accordance with Article 111 for the purpose of amending the Annex II within 12 months starting at the moment the last Member State has notified the implementation of the Directive to the Commissionpresent a legislative proposal to review the cross compliance rules to the European Parliament and the Council at the latest by 31 December 2018.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 93 – paragraph 4

Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides will be considered as being part of Annex II once this Directive is implemented by all Member States and the obligations directly applicable to farmers have been identified. In order to take account of those elements the Commission shall be empowered to adopt delegated acts in accordance with Article 111 for the purpose of amending the Annex II within 12 months starting at the moment the last Member State has notified the implementation of the Directive to the Commission, including the obligations relating to integrated pest management.deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 93 – paragraph 4

Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides ~~will~~may be considered as being part of Annex II once this Directive is implemented by all Member States and the obligations directly applicable to farmers have been identified. In order to take account of thoese elements the Commission shall be empowered to adopt delegated acts in accordance with Article 111 for the purpose of amending the Annex II within 12 months starting at the moment the last Member State has notified the implementation of the Directive to the Commission, including the obligations relating to integrated pest managementpresent a legislative proposal to review the cross-compliance rules to the European Parliament and the Council at the latest by 31 December 2015.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 97 – paragraph 1 – subparagraph 1

TWithout prejudice to Article 91(2)(a), the penalty provided for in Article 91 shall be applied when the rules on cross compliance are not complied with at any time in a given calendar year (hereinafter referred to as ‘the calendar year concerned’), and the non-compliance in question is directly attributable to the beneficiary who submitted the aid application or the payment claim in the calendar year concerned.

2012/07/20
Committee: AGRI

George LYON, Anne E. JENSEN, Britta REIMERS

Proposal for a regulation
Article 98 a (new)

Article 98a General criteria for the graduation of penalties For the purpose of graduating the amounts referred to in Article 99, the following criteria apply: - The 'severity' of non-compliance shall depend, in particular, on the importance of the consequences of the non- compliance, in particular the risk it represents for the EU fund concerned, and consistently taking account of the aims of the requirement or standard concerned; - The 'extent' of non-compliance shall be determined taking account, in particular, of whether the non-compliance has a far- reaching impact or whether it is limited to the farm itself; - To determine the 'duration' of non- compliance, the competent authority shall take account, in particular, of the estimated length of time for which the effect lasts or the potential for terminating those effects by reasonable means; - 'Reoccurrence' of non-compliance shall mean that the non-compliance with the same requirement, standard or obligation is determined more than once within a consecutive period of three calendar years, provided the beneficiary has been informed of a previous non-compliance and, where applicable, has had the possibility to take the necessary measures to terminate that previous non- compliance;

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 99 – paragraph 1 – subparagraph 2

For the calculation of those reductions and exclusions proportionate account shall be taken of the gravity and nature of the infringement found to determine the severity, extent, permanence and reoccurrence of the non-compliance found as defined in Article 99(a) as well as of the criteria set out in paragraphs 2, 3 and 4.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 99 – paragraph 3

3. In the case of ~~intentional~~'severe' non- compliance, the percentage of reduction shall in principle not be less than 20 % and may go as far as total exclusion from one or several aid schemes and apply for one or more calendar years.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 102 – paragraph 3 a (new)

(3a) In so far as statistical analyses are required in order to notify the Commission pursuant to this article , the Commission shall furnish Member States with information required in each case with sufficient notice before the beginning of the period during which they are to be undertaken.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 110 – paragraph 3 – subparagraph 1

Member States shall provide the Commission with all the information necessary to permit the monitoring and evaluation of the measures concerned. To the extent possible, such information shall be based on established sources of data, such as Farm Accountancy Data Network and Eurostat.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 110 – paragraph 3 – subparagraph 3

The Commission shall adopt, by means of implementing acts, rules on the information to be sent by the Member States, taking into account the need to avoid any undue administrative burden, as well as on the data needs and synergies between potential data sources. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex 1 – paragraph 1 – subparagraph 2 – indent 8 a (new)

- Guidelines targeted to foster intelligent interaction between independent farming areas to improve protection of biodiversity, and more efficient usage of farming inputs in line with the Integrated Crop Management principles established in the SUD.

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex 1 – paragraph 1 – subparagraph 5 – indent 1

– Information on ~~actions targeted towards innovation~~the objectives of the European Innovation Partnerships for Agricultural productivity and sustainability as stated on Article 61 of Regulation (EU) RD.

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex 1 – paragraph 1 – subparagraph 5 – indent 1 a (new)

- Information on the existing operational groups created under article 62 of Regulation (EU)RD including their tasks and foster exchange and cooperation with them when appropriate.

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex 1 – paragraph 1 – subparagraph 5 – indent 3 a (new)

- Information on Rural Development Programmes oriented to the fulfilment of the priorities of knowledge transfer and innovation in agriculture as stated in Article 5 (1) of Regulation (EU) RD.

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex II — Main Issue "Soil and carbon stock" — GAEC 6

Maintenance of soil organic matter level through appropriate practices, including ban on burning arable stubble

2012/10/16
Committee: AGRI

Proposal for a regulation
Annex II — Main Issue "Landscape, minimum level of maintenance" — GAEC 8

Retention of landscape features, including where appropriate, hedges, ponds, ditches, trees in line, in group or isolated, field margins and terraces, and including a ban on cutting hedges and trees during the bird breeding and rearing season and ~~possible measures for avoiding invasive species and pests~~take all reasonable steps to avoid encroachment of unwanted vegetation on agricultural land.

2012/10/16
Committee: AGRI