105 Amendments of Michel DANTIN related to 2018/0217(COD)
Amendment 97 #
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of Regulation (EU, Euratom) …/…2018/1046 of the European Parliament and of the Council [New Financial Regulation]12 , in particular those governing shared management with Member States, the function of accredited bodies and the budgetary principles, should apply to the interventions and measures set out in this Regulation. _________________ 12 Regulation (EU, Euratom) No [New Financial Regulation]2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012. (OJ L 193,30.7.2018, p. 1).
Amendment 101 #
Proposal for a regulation
Recital 9
Recital 9
(9) It is necessary to provide for the accreditation of paying agencies and coordinating bodies by Member States and for the establishment of the procedures for obtaining management declarations and multi-annual performance monitoring reports, and for obtaining the certification of management and monitoring systems, of reporting systems and the certification of annual accounts by independent bodies. Moreover, in order to ensure the transparency of the system of checks to be carried out at national level, in particular as regards procedures for authorisation, validation and payment and to reduce the administrative and audit burden for the Commission and for the Member States where accreditation of each individual paying agency is required, the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each Member State. (This amendment applies throughout the text and the necessary modifications must be made.)Or. fr
Amendment 105 #
Proposal for a regulation
Recital 11
Recital 11
(11) Involving paying agencies that have been accredited by the Member States is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant CAP Strategic Plans will be reached by the interventions financed by the Union's budget. It should, therefore, be explicitly provided in this Regulation that only expenditure effected by accredited paying agencies can be reimbursed from the Union's budget. In addition, the expenditure financed by the Union for the interventions referred to in the CAP Strategic Plan Regulation should have a corresponding output regarding and should comply with the basic Union requirementbe carried out in line with the basic Union requirements, the eligibility requirements for individual beneficiaries set out in the CAP National Strategic Plans and the governance systems.
Amendment 114 #
Proposal for a regulation
Recital 14
Recital 14
(14) With a view to ensuring that the amounts for the financing of the CAP comply with the annual ceilings, the financial discipline mechanism by which the level of direct support is adjusted, should be maintained. However, the threshold of EUR 2 000 should be abolished. An agricultural reserve should be maintained toThe existing crisis reserve should be reviewed and strengthened to support the establishment of an agricultural reserve to provide supplementary support for the agricultural sector in the event of market developments or major crises affecting the agricultural production, processing or distribution. Article 12(2)(d) of Regulation (EU, Euratom) [New Financial Regulation] foresees that non- committed appropriations may be carried over to to the following financial year only. In order to significantly simplify the implementation for beneficiaries and national administrations, a roll-over mechanism should be used, using any unused amounts of the reserve for crises in the agricultural sector established in 2020. For this purpose a derogation from Article 12(2)(d) is necessary, allowing for non- committed appropriations of the agricultural reserve to be carried over without time limitation to finance the agricultural reserve in the following financial year(s). Furthermore, as regards the financial year 2020, a second derogation is necessary as the total unused amount of the reserve available at the end of year 2020 should be carried over to the year 2021 to the corresponding line of the new agricultural reserve without being returned to the budgetary lines which cover direct payment interventions under the CAP Strategic Plan.
Amendment 118 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) In order for the Union to maintain a sound framework enabling farmers to manage risks appropriately and to be able to react quickly and effectively in the event of serious crises, agricultural reserve appropriations should be mobilised for the financing of the exceptional market measures referred to in Regulation (EU) No 1308/2013 and measures to take over the risk management tools put in place by the Member States under Regulation (EU) ... / ... [CAP Strategic Plan Regulation] and made available to farmers for climatic crises so serious that they occur between once every 60 years to once a century or in the event of a sharp decline in agricultural income beyond a threshold per sector predefined by the Commission in respect of which it would be empowered to adopt delegated acts.
Amendment 132 #
Proposal for a regulation
Recital 25
Recital 25
(25) In accordance with the architecture and the key characteristics of the new CAP delivery model the eligibility of payments made by Member States for Union financing should no longer depend on the legality and regularity of payments to individual beneficiaries. Instead, as regards types of interventions referred to in Regulation (EU)…/…[CAP Strategic Plan Regulation], Member States’ payments should be eligible if they are matched by corresponding output and in compliance with the applicable basic Union requirementsthe eligibility of payments made by Member States for Union financing shall always depend on their compliance with the applicable Union basic requirements. Furthermore, as regards types of interventions referred to in Regulation (EU)…/…[CAP Strategic Plan Regulation], Member States’ payments should be eligible if they are in compliance with the eligibility requirements for individual beneficiaries set out in the CAP National Strategic Plans referred to in Regulation (EU) ... / ... [CAP Strategic Plans Regulation].
Amendment 139 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should send the annual accounts and an by 15 February N+1 and a multi-annual performance monitoring report on the implementation of the CAP Strategic Plan to the Commission by 15 February N+12026, 2028 et 2030. Where these documents are not sent, thus preventing the Commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure against reported outputs, the Commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received.
Amendment 143 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 156 #
Proposal for a regulation
Recital 40
Recital 40
Amendment 175 #
Proposal for a regulation
Recital 57
Recital 57
(57) While Member States should be allowed to set out the details on penalties, those penalties should be proportionate, effective and dissuasive and should be without prejudice to other penalties laid down under Union or national law. To ensure an effective and coherent approach by Member States, it is necessary to provide for a minimum penalty rates at Union level for cases of non-compliance occurring for the first time due to negligence, while reoccurrence should lead to a higher percentage and intentionality mabut where such cases are repeated or intentional, this should potentially result in the total exclusion from the payment. To ensure proportionality of the penalties, where the non-compliance is of a minor nature and occurs for the first time, Member States should be allowed to introduce an early warning system and a right for beneficiaries to regularise their personal situation.
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) "governance systems" means the governance bodies referred to in Chapter II of Title II of this Regulation and the basic Union requirements laid down in this Regulation and Regulation (EU) …/… [CAP Strategic Plan Regulation], including the reporting system put in place for the purposes of the annual performance report referred to in Article 121 of Regulation (EU) …/… [CAP Strategic Plan Regulation];
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 201 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) a severe weather event, natural disaster 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 209 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) market related issues;
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(d c) The death of the beneficiary.
Amendment 215 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Member States may apply the case of "force majeure" referred to in paragraph 1 (a) to a level above that of a single agricultural holding in groups of territories subject to similar climatic conditions.
Amendment 222 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Information measures 1. The provision of information financed pursuant to point (e) of Article 7 shall aim, in particular, to help explain, implement and develop the CAP and to raise public awareness of its content and objectives to reinstate consumer confidence following crises through information campaigns, to inform farmers and other parties active in rural areas and to promote the European model of agriculture, as well as to help citizens understand it. It shall supply coherent, objective and comprehensive information, both inside and outside the Union. 2. The measures referred to in paragraph 1 may consist of: (a) annual work programmes or other specific measures presented by third parties; (b) activities implemented on the initiative of the Commission. Those measures which are required by law or those measures already receiving financing under another Union action shall be excluded. In order to implement activities as referred to in point (b) of the first subparagraph, the Commission may be assisted by external experts, mainly experts from Member States governments. The measures referred to in the first subparagraph shall also contribute to the corporate communication of the Union's political priorities in so far as those priorities are related to the general objectives of this Regulation. 3. The Commission shall publish once a year a call for proposals respecting the conditions set out in the Financial Regulation. 4. The Committee referred to in Article 101(1) shall be notified of measures envisaged and taken pursuant to this Article. 5. The Commission shall present a report on the implementation of this Article to the European Parliament and to the Council every two years.
Amendment 244 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 5
Article 8 – paragraph 2 – subparagraph 5
Member States shall not appoint any new additional paying agency after the date of entry into force of this Regulationmay be subject to a derogation in respect of the second subparagraph provided they do not increase the number of authorised paying agencies as compared to 31 December 2019.
Amendment 248 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point b
Article 8 – paragraph 3 – subparagraph 1 – point b
Amendment 259 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c – point ii
Article 8 – paragraph 3 – subparagraph 1 – point c – point ii
(ii) the proper functioning of the governance systems put in place, which give the necessary guarantees concerning the outputs reported in the annual performance reportlegality and regularity of the operations carried out in the framework of the CAP Strategic Plans, as provided for in points (b) and (c) of Article 63(6) of the Financial Regulation,
Amendment 268 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 a (new)
Article 8 – paragraph 3 – subparagraph 1 a (new)
The person responsible of the accredited paying agency shall also draw up and forward to the Commission the multi- annual performance monitoring report referred to in Article 121 of Regulation (EU) ... / ... [CAP Strategic Plans Regulation], reflecting the operations carried out and the progress made towards the achievement of the objectives, as set out in the CAP National Strategic Plan, by 15 February 2026, 2028 and 2030, respectively.
Amendment 272 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The deadline of 15 February referred to in the firstprevious subparagraphs may be exceptionally extended by the Commission to 1 March, upon request by the Member State concerned, as provided for in the second subparagraph Article 63(7) of the Financial Regulation.
Amendment 279 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point b
Article 8 – paragraph 4 – subparagraph 1 – point b
(b) to furnish the multi-annual performance monitoring report referred to in Article 52(1)121 of Regulation (EU) …/… [CAP Strategic Plan Regulation];
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 286 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 3
Article 8 – paragraph 4 – subparagraph 3
The multiannual performance monitoring report provided by the coordinating body shall be covered by the scope of the opinion referred to in Article 11(1) and its transmission shall be accompanied by a management declaration covering the entirety of that report. (This amendment applies throughout the text)
Amendment 302 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point c
Article 11 – paragraph 1 – subparagraph 2 – point c
(c) tThe performance reporting on outpureports based on the result indicators for the purposes of the annual performance clearance referred to in Article 52 and the performance reporting on result indicators for the multi- annual performance monitoring report referred to in Articles 115 and 121 of Regulation (EU) …/…... / ... [CAP Strategic Plan Regulation], demonstrating that Article 35 of this Regulation is complied with, isreflecting the operations carried out and the progress made towards the achievement of the objectives, as set out in the CAP National Strategic Plan, are correct;
Amendment 305 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point d
Article 11 – paragraph 1 – subparagraph 2 – point d
(d) the expenditure for the measures laid down in Regulation (EU) .../... [CAP Strategic Plan Regulation] and Regulation (EU) No 1308/2013 for which reimbursement has been requested from the Commission is legal and regular. ;
Amendment 317 #
Proposal for a regulation
Article 14 – title
Article 14 – title
14 European agricultural crisis management reserve
Amendment 318 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
A European agricultural crisis management reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or, and to be deployed to enable the Union to react swiftly and effectively in the caseevent of crises affecting the agricultural production, processing or distribution (“the agriculturalcrisis reserve”) shall be established at the beginning of each year in the EAGF.
Amendment 324 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
A reserve intendedn agricultural reserve is set up at the beginning of each financial year in the EAGF to provide additional support forto the agricultural sector for the purpose of market management or stabilisation or in the case ofnaging or stabilizing markets or to be mobilized so that the Union can respond quickly and effectively to crises affecting theproduction or agricultural production or distribution (“the "agricultural reserve”) shall be established at the beginning of each year in the EAGF").
Amendment 331 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Appropriations for the agricultural reserve shall be entered directly in the Union's budget., and shall be deployed, for the financial year or years for which additional support is required, in order to fund the following measures:
Amendment 332 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Amendment 337 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point a (new)
Article 14 – paragraph 1 – subparagraph 2 – point a (new)
(a) measures providing 50 % of the funding for compensation paid out as reinsurance for the climate insurance referred to in Article 70 of Regulation (EU) .../... [the CAP Strategic Plan Regulation] for crises where the ratio between the sum paid out to farmers in indemnities and the sum of insurance premiums received is between 170 and 230 %;
Amendment 339 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point a (new)
Article 14 – paragraph 1 – subparagraph 2 – point a (new)
(a) the measures partially financing the compensation paid as reinsurance for climate insurance referred to in Article 70 of Regulation (EU) ... / ... [CAP Strategic Plans Regulation] for recurring climate crises greater than 60 years;
Amendment 340 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b (new)
Article 14 – paragraph 1 – subparagraph 2 – point b (new)
(b) measures designed to take over compensation paid out using income stabilisation tools as referred to in Article 70 of Regulation (EU) .../... [the CAP Strategic Plan Regulation] to member farmers in the event of a market crisis having a frequency above a predefined sector-specific threshold, the benefit of which could be extended to non-member farmers, without the latter being able to benefit from more favourable treatment via these measures and/or State aid.
Amendment 342 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b (new)
Article 14 – paragraph 1 – subparagraph 2 – point b (new)
(b) measures to take over the income stabilization instruments referred to in Article 70 of Regulation (EU) ... / ... [CAP Strategic Plans Regulation] in the event of a market crisis having a frequency higher than a predefined threshold per sector;
Amendment 343 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point c (new)
Article 14 – paragraph 1 – subparagraph 2 – point c (new)
(c) market disturbance prevention and management measures provided for in Articles 219, 220 and 221 of Regulation (EU) No 1308/2013 which will have to be proposed by the European Commission and implemented as soon as the arrangements referred to in Article 14 - paragraph 1 - subparagraph 2 - point b or Article 14 -paragraph 1 - subparagraph 2 - point c are implemented;
Amendment 344 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point c (new)
Article 14 – paragraph 1 – subparagraph 2 – point c (new)
(c) exceptional market disturbance prevention and management measures as provided for in Articles 219, 220 and 221 of Regulation (EU) No 1308/2013;
Amendment 345 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Amendment 346 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Amendment 350 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
The amount of the agriculturalcrisis reserve shall be at least EUR 400 million inat current prices at the beginning of each year of the period 2021-2027financial year, and, in the period between 2021 and 2027, shall be gradually increased up to a maximum allocation of EUR 1.5 billion at current prices. 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 374 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3 a (new)
Article 14 – paragraph 2 – subparagraph 3 a (new)
The Commission shall be empowered to adopt delegated acts in accordance with Article 100 to supplement this Article in defining the sectoral thresholds defined in Article 14 – paragraph 1 – subparagraph 2 – point b.
Amendment 376 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The Commission shall be empowered to adopt delegated acts in accordance with Article 100 in order to supplement this Article by defining the sector-specific thresholds required to trigger the takeover measures for sector- specific income stabilisation tools.
Amendment 444 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall automatically decommit any portion of a budget commitment for rural development interventions in a CAP Strategic Plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 30(3) has been presented to it in relation to expenditure effected by 31 December of the seconthird year following that of the budget commitment.
Amendment 453 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall automatically decommit any portion of a budget commitment for rural development interventions in a CAP Strategic Plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 30(3) has been presented to it in relation to expenditure effected by 31 December of the seconthird year following that of the budget commitment.
Amendment 460 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1 – point a
Article 32 – paragraph 4 – subparagraph 1 – point a
(a) that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the Commission at 31 December of year N + 23;
Amendment 471 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) it has been effected in accordance with the applicable Union rules, or.
Amendment 472 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
Amendment 473 #
Proposal for a regulation
Article 35 – paragraph 1 – point c – point i
Article 35 – paragraph 1 – point c – point i
Amendment 477 #
Proposal for a regulation
Article 35 – paragraph 1 – point c – point ii
Article 35 – paragraph 1 – point c – point ii
Amendment 479 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 493 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 494 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 502 #
Proposal for a regulation
Article 39
Article 39
Amendment 506 #
Proposal for a regulation
Article 39
Article 39
Amendment 535 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Member States may decide to pay: (a) advances under the interventions referred to in Articles 43, 49, 52, 55, 57 and 60 of Regulation (EU)…/…[CAP Strategic Plan Regulation]; (b) advances of up to 50% under the interventions referred to in Articles 68 and 71 of Regulation (EU) No…/…[CAP Strategic Plan Regulation].
Amendment 542 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The sums referred to in paragraph 1 shall be paid into the Union's budget and, in the event of reuse,budget of the Union and shall be used exclusively to finance EAGF or EAFRD expenditure respectively and shall predominantly cover the agricultural reserve established under the EAGF within the limits laid down in Article 14.
Amendment 544 #
Proposal for a regulation
Article 44
Article 44
Amendment 545 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The sums referred to in paragraph 1 shall be paid to the Union's budget and, in the event of reuse, shall be used exclusively to finance EAGF or EAFRD expenditure, giving priority to the agricultural reserve established in the EAGF within the limits set in Article 14.
Amendment 560 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point b
Article 47 – paragraph 1 – subparagraph 1 – point b
Amendment 563 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 a (new)
Article 47 – paragraph 1 – subparagraph 1 a (new)
Where it is established that there are serious shortcomings in a Member State's governance system, the Commission's monitoring may be extended to include checks to establish whether the required supporting documents exist, to establish whether they match up and to establish the conditions under which the expenditure referred to in Article 5(2) and Article 6 is carried out and checked and in line with Regulation (EU) .../... [CAP Strategic Plan Regulation];
Amendment 570 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
Those implementing acts shall cover the completeness, accuracy and veracity of the annual accounts submitted and shall be without prejudice to the content of the implementing acts subsequently adopted pursuant to Articles 52 and 53.
Amendment 573 #
Proposal for a regulation
Article 52
Article 52
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 593 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 3
Article 53 – paragraph 1 – subparagraph 3
Amendment 597 #
Proposal for a regulation
Article 53 – paragraph 5 – point –a (new)
Article 53 – paragraph 5 – point –a (new)
(-a) irregularities subject to a recovery procedure under Section III of this chapter;
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 645 #
Proposal for a regulation
Article 58 – paragraph 4 – subparagraph 1 – point e
Article 58 – paragraph 4 – subparagraph 1 – point e
Amendment 661 #
Proposal for a regulation
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
(c) an area monitoring system, where relevant;
Amendment 678 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. Member States shallmay set up and operate an area monitoring system.
Amendment 725 #
Proposal for a regulation
Title 4 – chapter 4 – title
Title 4 – chapter 4 – title
Control system and penalties in relation to conditionality for sustainable development
Amendment 727 #
Proposal for a regulation
Article 84 – title
Article 84 – title
Control system for conditionality for sustainable development
Amendment 728 #
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 1
Article 84 – paragraph 1 – subparagraph 1
Member States shall set up amake use of the control system in Chapter II of Title IV and in particular of the elements referred to in Article 64(1) in order to ensure that: (a) beneficiaries of the aid referred to in Article 11receiving direct payments under chapter II of Title III of Regulation (EU)…/…[CAP Strategic Plan Regulation]; (b) beneficiaries receiving annual payments in accordance with Articles 65, 66 and 67 of Regulation (EU) …/… [CAP Strategic Plan Regulation] and in; (c) beneficiaries receiving support in accordance with Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively,; comply with the obligations referred to in Section 2 of Chapter 1 of Title III of Regulation (EU) …/…[CAP Strategic Plan Regulation].;
Amendment 731 #
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 2
Article 84 – paragraph 1 – subparagraph 2
However, Member States may make use of their existing control systems and administration to ensure compliance with the rules on conditionality for sustainable development (hereinafter: conditionality) as long as their systems are compatible with the monitoring system referred to in the first indent to this paragraph.
Amendment 732 #
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 3
Article 84 – paragraph 1 – subparagraph 3
Amendment 736 #
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 4 a (new)
Article 84 – paragraph 1 – subparagraph 4 a (new)
Member States may exclude farmers to whom the simplified regime for small farmers set out in Article 25 of Regulation (EU)…/…[CAP Strategic Plan Regulation] applies from the control system for conditionality set out in paragraph 1.
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).
Amendment 753 #
Proposal for a regulation
Article 85 – title
Article 85 – title
Amendment 754 #
Proposal for a regulation
Article 85 – paragraph 1 – subparagraph 1
Article 85 – paragraph 1 – subparagraph 1
Amendment 757 #
Proposal for a regulation
Article 85 – paragraph 1 – subparagraph 2 – introductory part
Article 85 – paragraph 1 – subparagraph 2 – introductory part
Amendment 764 #
Proposal for a regulation
Article 85 – paragraph 2 – introductory part
Article 85 – paragraph 2 – introductory part
2. In their penalty systems referred to in paragraph 1, Member States:cases in which the land is transferred during the calendar year or years concerned, the administrative penalty referred to in paragraph 1 shall also apply where the non-compliance in question is the result of an act or omission directly attributable to the person to whom or from whom the agricultural land was transferred. Member States shall ensure that the application of the administrative penalty referred to in paragraph 1 is based on the fair and equitable attribution of responsibility among transferors and transferees. For the purpose of this paragraph, 'transfer' means any type of transaction whereby the agricultural land ceases to be at the disposal of the transferor.
Amendment 765 #
Proposal for a regulation
Article 85 – paragraph 2 – point a
Article 85 – paragraph 2 – point a
Amendment 769 #
Proposal for a regulation
Article 85 – paragraph 2 – point b
Article 85 – paragraph 2 – point b
Amendment 772 #
Proposal for a regulation
Article 85 – paragraph 2 – point b
Article 85 – paragraph 2 – point b
(b) may decide, notwithstanding paragraph 1, not to apply a penalty per beneficiary and per calendar year when the amount of the penalty is EUR 1300 or less. The finding and the obligation to take remedial action shall be notified to the beneficiary;
Amendment 773 #
Proposal for a regulation
Article 85 – paragraph 2 – point c
Article 85 – paragraph 2 – point c
Amendment 779 #
Proposal for a regulation
Article 85 – paragraph 2 a (new)
Article 85 – paragraph 2 a (new)
2a. Member States may decide, notwithstanding paragraph 1, not to apply a penalty per beneficiary and per calendar year when the amount of the penalty is EUR 100 or less. The finding and the obligation to take remedial action shall be notified to the beneficiary.
Amendment 780 #
Proposal for a regulation
Article 85 – paragraph 2 b (new)
Article 85 – paragraph 2 b (new)
2b. No administrative penalty can be applied when non-compliance is due to: a case of force majeure or exceptional circumstances; (b) 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; (c) where the competent authority believes for other reasons that the beneficiary concerned is not at fault or that the non- compliance was unintentional; (d) where the non-compliance is of minor severity, extent or permanence.
Amendment 784 #
Proposal for a regulation
Article 86 – paragraph 1 – subparagraph 1
Article 86 – paragraph 1 – subparagraph 1
The administrative penalties provided for in Section 2 of Chapter 1 of Title III of Regulation (EU) …/…[CAP Strategic Plan Regulation] shall be applied by means of reduction from or exclusion of the total amount of the payments listed in that Section of that RegulationArticle 84 granted or to be granted to the beneficiary concerned in respect of aid applications he has submitted or will submit in the course of the calendar year of the finding.
Amendment 798 #
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 2
Article 86 – paragraph 2 – subparagraph 2
Member States may uset up an the early warning system referred to in Article 84(3) that applies to individual cases of non- compliance occurring for the first time and which, given their minor severity, extent and permanence, shall not lead to a reduction or exclusion. Where a Member State decides to take this option, the competent authority shall send an early warning to the beneficiary informing them of the finding and any corrective measures to be taken in order to resolve their personal situation. Where a subsequent check within three consecutive calendar years establishes that the non- compliance has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively.
Amendment 812 #
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. In the case of reoccurrpeated non- compliance due to negligence, the percentage of reduction shall be higher than the one to be applied in case of non- compliance due to negligence and sanctioned for the first tim5% of the total amount of the payments referred to in paragraph 1 of this Article.
Amendment 813 #
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. In case of reoccurrence, the percentage reduction shall be higher than the one to be applied in case of non- compliance due to negligence and sanctioned for the first tim5 % of the total amount of the payments referred to in paragraph 1 of this Article.
Amendment 822 #
Proposal for a regulation
Article 86 – paragraph 4
Article 86 – paragraph 4
4. In case of intentional non- compliance, the percentage shall be higher than the one applied in case of reoccurrence pursuant to paragraph 3not be less than 10% and may go as far as total exclusion from payments and may apply for one or more calendar years.
Amendment 823 #
Proposal for a regulation
Article 86 – paragraph 4
Article 86 – paragraph 4
4. In case of intentional non- compliance, the percentage shall be higher than the one applied in case of reoccurrence pursuant to paragraph 3at least 10 % of the total amount of the payments referred to in paragraph 1 of this Article and may go as far as total exclusion from payments and may apply for one or more calendar years.