9 Amendments of Gerben-Jan GERBRANDY related to 2018/0210(COD)
Amendment 163 #
Proposal for a regulation
Recital 15
Recital 15
(15) In accordance with Article 42 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ('CFP Regulation')7 , Union financial assistance under the EMFF should be conditional upon full compliance with the rules of the CFP and relevant EU environmental law. EU financial assistance should be granted only to those operators and member states who fully comply with their relevant legal obligations. Applications from beneficiaries that do not comply with the applicable rules of the CFP should not be admissible. _________________ 7 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
Amendment 506 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) has committed serious infringements under Article 42 of Council Regulation (EC) No 1005/200828 or Article 90 of Council Regulation (EC) No 1224/2009 or under other legislation adopted by the European Parliament and by the Council; _________________ 28 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).
Amendment 512 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The beneficiary, after submitting the application, shall continue to comply with the admissibility conditions referred to in paragraph 1 throughout the period of implementation of the operation and for a period of fivesix years after the final payment to that beneficiary.
Amendment 516 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) the identification of the threshold triggering and the length of period of time of inadmissibility referred to in paragraphs 1 and 3, which shall be proportionate to the nature, gravity, duration and repetition of the serious infringements, offences or fraud, and shall be of at least one year’s duration;
Amendment 927 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In accordance with Article 90(4) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission may interrupt the payment deadline for all or part of a payment application in the case of evidence of non- compliance by a Member State with the rules applicable under the CFP or relevant EU environmental law, if the non- compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.
Amendment 929 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. In accordance with Article 91(3) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non-compliance by a Member State with the rules applicable under the CFP or relevant EU environmental law, if the serious non-compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.
Amendment 931 #
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) expenditure contained in a payment application is affected by cases of serious non-compliance with the rules of the CFP or relevant EU environmental law by the Member State which have resulted in the suspension of payment under Article 34 and the Member State concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance with and the enforcement of applicable rules in the future.
Amendment 932 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The Commission shall decide on the amount of the correction taking into account the nature, gravity, duration and repetition of the serious non-compliance by the Member State or beneficiary with the rules of the CFP or relevant EU environmental law and the importance of the EMFF contribution to the economic activity of the beneficiary concerned.
Amendment 934 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Where it is not possible to quantify precisely the amount of expenditure linked to non-compliance with the rules of the CFP or relevant EU environmental law by the Member State, the Commission shall apply a flat rate or extrapolated financial correction in accordance with paragraph 4.