Activities of George LYON 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 policy28 the provisions ~~will~~may 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 f~~The Commission shall propose changes to the rules on cross-compliance to take the appropriate measures in this regard under the ordinarmy le~~vel will be applied~~gislative procedure at the latest by 31 ~~January~~December 20138.

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 pesticides29 the provisions ~~will~~may 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~~The Commission shall propose changes to the rules on cross-compliance to take the appropriate measures in this regard under the ordinary legislative procedure at the latest by 31 ~~January~~December 20145.

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 7 – paragraph 1 – subparagraph 1

Paying agencies shall be ~~dedicated~~ departments or bodies of the Member States responsible for the management and control of expenditure referred to in Article 4(1) and Article 5.

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

Proposal for a regulation
Article 9 – paragraph 2

2. The Commission shall, by means of implementing acts, lay down rules concerning the status of the certification bodies, the specific tasks, including the checks, which they have to carry out on a single integrated sample as well as the certificates and the reports, together with the documents accompanying them, to be drawn up by those bodies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

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

George LYON, Marit PAULSEN

Proposal for a regulation
Article 14 – paragraph 2

However Member States may determine, in accordance with objective criteria, the categories of beneficiaries that have priority access to the farm advisory system. Member States shall nevertheless ensure that priority is given to farmers ~~whose access to an advisory service other than the farm advisory system is most limited~~participating in the measures delivering carbon, nutrient and/or energy efficiency described in Chapter 2 of Title III of Regulation (EU) No [DP/2012].

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 34 – paragraph 1

1. Following the Commission decision approving the programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission, unless the Member State notifies the Commission within two months of the decision that it does not wish to receive a pre-financing amount. This initial pre-financing amount shall represent 4% of the EAFRD contribution to the programme concerned. It may be split into a maximum of three instalments depending on budget availability. The first instalment shall represent 2% of the EAFRD contribution to the programme concerned.

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 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 52 – paragraph 1 – point c a (new)

(ca) the conditions under which the supporting documents referred to in Article 51 shall be kept, including their form and the time period of their storage.

2012/07/20
Committee: AGRI

Proposal for a regulation
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 Union~~amounts excluded shall be based on an assessment of the risk to the agricultural funds stemming from the infringement.

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

Proposal for a regulation
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 a~~ll aid applications and shall be supplemented by on-the-spot chec~~id 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.

2012/07/20
Committee: AGRI

George LYON, Sylvie GOULARD, Liam AYLWARD

Proposal for a regulation
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 error~~the areas in which the risk of error is highest. To ensure that the checks are proportionate, 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.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 61 – paragraph 4 a (new)

4a. Member States may reduce the level of on-the-spot checks where the error rate is at an acceptable level. The precise applicable conditions and rules shall be determined in delegated acts according to Article 64 of this regulation.

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

George LYON, Sylvie GOULARD, Liam AYLWARD

Proposal for a regulation
Article 68 – paragraph 3 a (new)

3a. Member States shall make appropriate use of technology when setting up their integrated system.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 69 – paragraph 1 – point f

(f) a ~~single~~ system to record the identity of each beneficiary of the support referred to in Article 68(2) who submits an aid application or a payment claim.

2012/07/20
Committee: AGRI

George LYON, Marit PAULSEN

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 71 – paragraph 1

The identification system for agricultural parcels shall be established on the basis of maps or land registry documents or other cartographic references. Use shall be made of computerised geographical information system techniques, including aerial or spatial orthoimagery, with a homogenous standard guaranteeing accuracy at least equivalent to cartography at a scale of 1:510000.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 73 – paragraph 1 – subparagraph 1 – point a

(a) all the agricultural parcels on the holding, as well as the non-agricultural area for which support referred to in Article 68(2) is claimed, however, agricultural parcels with landscape features or buffer strips do not have to be declared; the beneficiary shall however indicate in his application that he has these agricultural parcels at his disposal and shall, at the request of the competent authorities, indicate their location;

2012/07/20
Committee: AGRI

George LYON, Sylvie GOULARD, Anne E. JENSEN, Marit PAULSEN

Proposal for a regulation
Article 73 – paragraph 2 a (new)

2a. Member States may decide that an aid application or a payment claim that fulfils the requirements laid down in paragraph 1 is to remain valid for a number of years provided that beneficiaries concerned are under the obligation to report any change to the information they first submitted. The multiannual application shall however be conditional upon annual confirmation by the beneficiary.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 74 – paragraph 1

The ~~single~~ system to record the identity of each beneficiary of support referred to in Article 68(2) shall guarantee that all aid applications and payment claims submitted by the same beneficiary can be identified as such.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 75 – paragraph 1

1. In accordance with Article 61, Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks whose purpose shall be to monitor compliance with the provisions of the aid schemes and the level of inherent risk and whose number shall be adjusted in the light of the inherent and control risks.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 75 – paragraph 2

2. For the purpose of on the spot checks Member States shall draw up a sampling plan of agricultural holdings and/or beneficiaries comprising a random part in order to obtain a representative error rate and a risk-based part enabling a primary focus on high-risk claims.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 76 – paragraph 2 a (new)

2a. By way of derogation from paragraph 2, Member States may decide, taking into account the risk of overpayment, to pay up to 75 % for the support granted under rural development as referred to in Article 68(2) after finalisation of the administrative checks provided for in Article 61(1). The percentage of payment shall be the same for all beneficiaries of the measure or set of operations.

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

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 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~~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~~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

George LYON, Brian SIMPSON

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 106 – paragraph 3 a (new)

3a. By way of derogation from paragraph 3, Member States may convert the amount of aid expressed in euro into the national currency on the basis of the average of a maximum of the five most recent exchange rates set by the Member States' national central bank or the European central bank prior to 1 October of the year for which aid is granted.

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 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