**Important legal notice**

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# 52005AP0193

**European Parliament legislative resolution on the proposal for a Council regulation on the financing of the common agricultural policy (COM(2004)0489 - C6-0166/2004 - 2004/0164(CNS))***Official Journal 117 E , 18/05/2006 P. 0122 - 0123*

P6_TA(2005)0193

Financing the common agricultural policy *

European Parliament legislative resolution on the proposal for a Council regulation on the financing of the common agricultural policy (COM(2004)0489 — C6-0166/2004 — 2004/0164(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2004)0489) [1],

- having regard to the third subparagraph of Article 37(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0166/2004),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgetary Control (A6-0127/2005),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

Article 5, point (a)

(a)measures required for the analysis, management, monitoring, information exchange and implementation of the common agricultural policy, as well as measures relating to the implementation of control systems and technical and administrative assistance; | (a)measures required for the analysis, management, monitoring, information exchange and implementation of the common agricultural policy, as well as measures relating to the implementation of control systems and technical and administrative assistance, with the exception of expenditure that, pursuant to Article 13, is not to be borne by the EAGF; |

Amendment 2

Article 16, paragraph 2

However, direct payments shall under no circumstances be made after 15 October of the budget year concerned. | Deleted |

Amendment 3

Article 31, paragraph 4, point (a)

(a)expenditure as indicated in Article 3(1) that is incurred more than 36 months before the Commission notifies the Member State in writing of its inspection findings; | (a)expenditure as indicated in Article 3(1) that is incurred more than 24 months before the Commission notifies the Member State in writing of its inspection findings; |

Amendment 4

Article 31, paragraph 4, point (b)

(b)expenditure on multiannual measures falling within the scope of Article 3(1) where the final obligation on the recipient occurs more than 36 months before the Commission notifies the Member State in writing of its inspection findings; | (b)expenditure on multiannual measures falling within the scope of Article 3(1) where the final obligation on the recipient occurs more than 24 months before the Commission notifies the Member State in writing of its inspection findings; |

Amendment 5

Article 31, paragraph 4, point (c)

(c)expenditure on programmes, as indicated in Article 4, payment of the balance of which is made more than 36 months before the Commission notifies the Member State in writing of its inspection findings. | (c)expenditure on programmes, as indicated in Article 4, payment of the balance of which is made more than 24 months before the Commission notifies the Member State in writing of its inspection findings. |

Amendment 6

Article 32, paragraph 5, subparagraph 1

5. If recovery has not taken place within four years of the primary administrative or judicial finding, or within six years where recovery action is taken in the national courts, 50 % of the financial consequences of non-recovery shall be borne by the Member State concerned and 50 % by the Community budget, after application of the deduction provided for in paragraph 2. | 5. If recovery has not taken place within four years of the primary administrative finding, or within six months after the issue of the final judicial decision, 50 % of the financial consequences of non-recovery shall be borne by the Member State concerned and 50 % by the Community budget, after application of the deduction provided for in paragraph 2. |

Amendment 7

Article 43

By 1 September of each year following the budget year, the Commission shall draw up a financial report on the administration of the EAGF and the EAFRD during the previous financial year. | By 1 September of each year following the budget year, the Commission shall submit to the European Parliament and to the Council a financial report on the administration of the EAGF and the EAFRD during the previous financial year. |

[1] Not yet published in OJ.

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