European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the CAP (COM(2011)0628/2 — C7-0341/2011 — COM(2012)0551 — C7-0312/2012 — 2011/0288(COD) — 2013/2531(RSP))
Date: 2013-03-13
Institutions: European Parliament
Subjects: EAFRD, EAGF, agricultural holding, aid to agriculture, common agricultural policy, interinstitutional cooperation (EU), management audit, rural development




C_2016036EN.01063101.xml










29.1.2016   


EN


Official Journal of the European Union


C 36/631





P7_TA(2013)0087
Financing, management and monitoring of the CAP (Decision on the opening of interinstitutional negotiations)
European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the CAP (COM(2011)0628/2 — C7-0341/2011 — COM(2012)0551 — C7-0312/2012 — 2011/0288(COD) — 2013/2531(RSP))
(2016/C 036/42)

The European Parliament,






—


having regard to the proposal of the Committee on Agriculture and Rural Development,










—


having regard to Rules 70(2) and 70a of its Rules of Procedure,




whereas the financial envelope specified in the legislative proposal is only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020;
decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE


Amendment 1


Proposal for a regulation


Recital 1 a (new)








Text proposed by the Commission




Amendment





 










(1a)






Cutting red tape is one of the key objectives and main requirements of the CAP reform. Realistic tolerance thresholds and de minimis limitations should be introduced and an appropriate balance should be struck between trust and scrutiny, in order to ensure that the future administrative burden on Member States and beneficiaries is kept to a reasonable level. As part of this process of cutting red tape, due account should be taken of the administrative and other costs of checks at all levels and the use of effective administrative and monitoring systems should be rewarded. The overriding objective should be to reduce administrative costs and to ensure that the administrative burden on farmers and administrators returns to a reasonable level.











Amendment 2


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the accreditation of the paying agencies and coordinating bodies, the content of the Farm Advisory System, the measures to be financed by Union budget under public intervention and the valuation of the operations in connection with public intervention, the reductions and suspension of the reimbursements to the Member States, the compensation between expenditure and revenues under the Funds, the recovery of debts, the 
penalties
 applied to beneficiaries in case of non-compliance with the eligibility conditions, in respect of rules on securities, on the functioning of the integrated administration and control system, of the measures excluded from the scrutiny of transactions, the penalties applied under cross compliance, the rules on maintenance of permanent grassland, the rules on the operative event and the exchange rate to be used by the Member States not using the euro and in respect of the content of the common evaluation framework of the measures adopted under the CAP. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.












(3)


In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the accreditation of the paying agencies and coordinating bodies, the content of the Farm Advisory System, the measures to be financed by Union budget under public intervention and the valuation of the operations in connection with public intervention, the reductions and suspension of the reimbursements to the Member States, the compensation between expenditure and revenues under the Funds, the recovery of debts, the 
administrative penalties
 applied to beneficiaries in case of non-compliance with the eligibility conditions, in respect of rules on securities, on the functioning of the integrated administration and control system, of the measures excluded from the scrutiny of transactions, the penalties applied under cross compliance, the rules on maintenance of permanent grassland 
and pasture
, the rules on the operative event and the exchange rate to be used by the Member States not using the euro and in respect of the content of the common evaluation framework of the measures adopted under the CAP. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. 
Under to the second subparagraph of Article 287(4) TFEU, the Court of Auditors may deliver opinions at the request of either the European Parliament or of the Council on those delegated acts.










 



(The two amendments, replacing ‘penalty’ with ‘administrative penalty’ and ‘permanent grassland’ with ‘permanent grassland and pasture’, apply throughout the text; adopting them will necessitate corresponding changes throughout.)






Amendment 3


Proposal for a regulation


Recital 5 a (new)








Text proposed by the Commission




Amendment





 










(5a)






This Regulation should provide, where appropriate, for exemptions in cases of force majeure and in exceptional circumstances. In connection with agricultural regulations, the concept of force majeure should be interpreted in light of the case-law of the Court of Justice.











Amendment 4


Proposal for a regulation


Recital 9 a (new)








Text proposed by the Commission




Amendment





 










(9a)






The increasing requirements for certification bodies and paying agencies should not be coupled with a further increase in red tape in the Member States. Above all, those requirements should not be more stringent than international auditing standards. As regards the scope and content of the certification process, a balanced cost-benefit ratio should be maintained and any additional reporting requirements should bring clear added value.











Amendment 5


Proposal for a regulation


Recital 10








Text proposed by the Commission




Amendment











(10)


In order to help beneficiaries to become more aware of the relationship between agricultural practices 
and
 management of farms on the one hand, and standards relating to the environment, climate change, good agricultural condition of land, food safety, public health, animal health, plant health and animal welfare on the other, it is necessary that Member States establish a comprehensive farm advisory system offering advice to beneficiaries. That farm advisory system should in any way not affect the obligation and responsibility of beneficiaries to respect those standards. Also a clear separation between advice and checks should be ensured by the Member States.












(10)


In order to help beneficiaries to become more aware of the relationship between agricultural practices, management 
and risk management
 of farms on the one hand, and standards relating to the environment, climate change, good agricultural condition of land, food safety, public health, animal health, plant health and animal welfare on the other, it is necessary that Member States establish a comprehensive farm advisory system offering advice to beneficiaries. That farm advisory system should in any way not affect the obligation and responsibility of beneficiaries to respect those standards. Also a clear separation between advice and checks should be ensured by the Member States.









Amendment 6


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


The farm advisory system should cover at least the requirements and standards forming the scope of cross compliance. That system should also cover the requirements to be respected in relation to the agricultural practices beneficial for the climate and the environment for direct payments, as well as the maintenance of the agricultural area under Regulation (EU) No DP/xxx of the European Parliament and of the Council of xxx establishing rules for direct payment to farmers under support schemes within the framework of the common agricultural policy. 
That
 system should 
finally
 cover certain elements related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation as well as the sustainable development of the 
economical
 activity of 
the small
 farms.












(11)


The farm advisory system should cover at least the requirements and standards forming the scope of cross compliance 
at farm level
. That system should also cover the requirements to be respected in relation to the agricultural practices beneficial for the climate and the environment for direct payments, as well as the maintenance of the agricultural area under Regulation (EU) No …/2013 [DP] of the European Parliament and of the Council of xxx establishing rules for direct payment to farmers under support schemes within the framework of the common agricultural policy. 
In addition, that
 system should cover certain elements related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation as well as the 
environmental performance and
 sustainable development of the 
economic
 activity of farms
, including activities for farm modernisation, competitiveness building, sectoral integration innovation and market orientation, as well as the promotion and implementation of principles relating to accounting, entrepreneurship and the sustainable management of economic resources
. 
Finally, Member States should be allowed to include in their system the promotion of conversions of farms and the diversification of their economic activity and the introduction of appropriate preventive actions to address natural disasters and animal and plant diseases, as well as advice on integrated pest management and use of non chemical alternatives.











Amendment 7


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(12)


Entry into the farm advisory system should be on a voluntary basis for beneficiaries. All beneficiaries, even if not receiving support under the CAP, should be allowed to participate in the system. However 
priority criteria may be set by the
 Member States. Due to the nature of the system, it is appropriate for the information obtained in the course of the advisory activity to be treated as confidential, except in case of serious infringements of Union or national law. In order to ensure the efficiency of the system, advisors should be suitably qualified and regularly trained.












(12)


Entry into the farm advisory system should be on a voluntary basis for beneficiaries. All beneficiaries, even if not receiving support under the CAP, should be allowed to participate in the system. However, Member States 
should be able to determine, on the basis of environmental, economic and social criteria, the categories of beneficiaries that have priority access to the farm advisory system
. Due to the nature of the system, it is appropriate for the information obtained in the course of the advisory activity to be treated as confidential, except in case of serious infringements of Union or national law. In order to ensure the efficiency of the system, advisors should be suitably qualified and regularly trained.









Amendment 8


Proposal for a regulation


Recital 13








Text proposed by the Commission




Amendment











(13)


The financial resources required to cover the expenditure effected by the accredited paying agencies in respect of the EAGF, are to be made available to the Member States by the Commission in the form of reimbursements against the booking of the expenditure effected by those agencies. Until such reimbursements, in the form of monthly payments, have been paid, financial resources are to be mobilised by the Member States in accordance with the needs of their accredited paying agencies. 
The
 personnel costs and the administrative costs of the Member States and the beneficiaries involved in the execution of the CAP should be borne by themselves.












(13)


The financial resources required to cover the expenditure effected by the accredited paying agencies in respect of the EAGF, are to be made available to the Member States by the Commission in the form of reimbursements against the booking of the expenditure effected by those agencies. Until such reimbursements, in the form of monthly payments, have been paid, financial resources are to be mobilised by the Member States in accordance with the needs of their accredited paying agencies. 
In order to improve the operational efficiency of the paying agencies, the
 personnel costs and the administrative costs of the Member States and the beneficiaries involved in the execution of the CAP should be borne by 
the agencies
 themselves.









Amendment 9


Proposal for a regulation


Recital 14








Text proposed by the Commission




Amendment











(14)


The use of the agro-meteorological system and the acquisition and improvement of satellite images should provide the Commission with the means to manage the agricultural markets 
and
 to facilitate the monitoring of agricultural expenditure.












(14)


The use of the agro-meteorological system and the acquisition and improvement of satellite images should provide the Commission with the means to manage the agricultural markets, to facilitate the monitoring of agricultural expenditure 
and of the use of the resources upon which agriculture is dependent, including in respect of agro-forestry systems
, 
and to assess and to provide timely aid in the case of natural disasters
.









Amendment 10


Proposal for a regulation


Recital 23








Text proposed by the Commission




Amendment











(23)


The rural development programmes are financed from the Union budget on the basis of commitments in annual instalments. Member States should be able to draw on the Union funds provided for as soon as they begin the programmes. A suitably restricted prefinancing system ensuring a steady flow of funds so that payments to beneficiaries under the programmes are made at the appropriate time 
is
 therefore 
needed
.












(23)


The rural development programmes are financed from the Union budget on the basis of commitments in annual instalments. Member States should be able to draw on the Union funds provided for as soon as they begin the programmes. A suitably restricted prefinancing system ensuring a steady flow of funds, so that payments to beneficiaries under the programmes are made at the appropriate time
, should
 therefore 
be made a priority
.









Amendment 11


Proposal for a regulation


Recital 27








Text proposed by the Commission




Amendment











(27)


Sectoral agricultural legislation requires Member States to send information on the numbers of checks carried out and their outcome within specified deadlines. Those control statistics are used to determine the level of error at Member State level and, more generally, for the purposes of checking the management of the EAGF and the EAFRD. They are an important source for the Commission to satisfy itself as to the correct management of funds and are an essential element for the annual declaration of assurance. Given the vital nature of this statistical information and in order to ensure that Member States respect their obligation to send it in time, it is necessary to provide a deterrent to late provision of the data required in a manner proportionate to the extent of the data deficit. Therefore, provisions should be put in place whereby the Commission can suspend part of the monthly or interim payments for which the relevant statistical information has not been sent in time.












(27)


Sectoral agricultural legislation requires Member States to send information on the numbers of checks carried out and their outcome within specified deadlines. Those control statistics are used to determine the level of error at Member State level and, more generally, for the purposes of checking the management of the EAGF and the EAFRD. They are an important source for the Commission to satisfy itself as to the correct management of funds and are an essential element for the annual declaration of assurance. Given the vital nature of this statistical information and in order to ensure that Member States respect their obligation to send it in time, it is necessary to provide a 
proportionate
 deterrent to late provision of the data required in a manner proportionate to the extent of the data deficit. Therefore, provisions should be put in place whereby the Commission can suspend part of the monthly or interim payments for which the relevant statistical information has not been sent in time. 
However, such suspension should only be used where the delay places the annual budget discharge mechanism at risk, in accordance with the principle of proportionality
.









Amendment 12


Proposal for a regulation


Recital 30








Text proposed by the Commission




Amendment











(30)


The financing of measures and operations under the CAP will in part involve shared management. To ensure that Union funds are soundly managed, the Commission should perform checks on the management of the Funds by the Member State authorities responsible for making payments. It is appropriate to define the nature 
of the checks to be made by the Commission
, to specify the terms of its responsibilities for implementing the budget and to clarify the Member States' cooperation obligations.












(30)


The financing of measures and operations under the CAP will in part involve shared management. To ensure that Union funds are soundly managed, the Commission should perform 
the necessary
 checks on the management of the Funds by the Member State authorities responsible for making payments. It is appropriate to define the 
general rules and principles to be followed by the Commission when carrying out checks, as well as their
 nature, to specify the terms of its responsibilities for implementing the budget and to clarify the Member States' cooperation obligations.









Amendment 13


Proposal for a regulation


Recital 31








Text proposed by the Commission




Amendment











(31)


In order to allow the Commission to fulfil its obligation to check the existence and proper functioning of management and inspection systems for Union expenditure in the Member States, provision should be made
, irrespective of the inspection carried out by Member States themselves
, for checks by persons delegated by the Commission who should be able to request assistance from the Member States in their work.












(31)


In order to allow the Commission to fulfil its obligation to check the existence and proper functioning of management and inspection systems for Union expenditure in the Member States, provision should be made for checks by persons delegated by the Commission who should be able to request assistance from the Member States in their work. 
Such national provision should take into account the principle of proportionality, the level of confidence that exists as to the reliability of national control and management systems, and the overall effectiveness of the national controls in the checks that the Commission has carried out
.









Amendment 14


Proposal for a regulation


Recital 36








Text proposed by the Commission




Amendment











(36)


The recovery procedures used by the Member States may have the effect of delaying recovery for a number of years, with no guarantee that the outcome will actually be successful. The cost of implementing those procedures may also be out of proportion to the amounts which are or may be collected. Consequently, Member States should be permitted to halt recovery procedures in certain cases.












(36)


The recovery procedures used by the Member States may have the effect of delaying recovery for a number of years, with no guarantee that the outcome will actually be successful. The cost of implementing those procedures may also be out of proportion to the amounts which are or may be collected. 
The threshold for recovery of amounts unduly paid, including interest, is set very low and. recovery should only be undertaken when cost-effective.
 Consequently, Member States should be permitted to halt recovery procedures in certain cases.









Amendment 15


Proposal for a regulation


Recital 37








Text proposed by the Commission




Amendment











(37)


In order to protect the financial interests of the Union budget, measures should be taken by Member States to satisfy themselves that transactions financed by the EAGF and the EAFRD are actually carried out and are executed correctly. Member States should also prevent, detect and deal effectively with any irregularities or non-compliance with obligations committed by beneficiaries. To this end, Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests should apply.












(37)


In order to protect the financial interests of the Union budget, 
proportionate
 measures should be taken by Member States to satisfy themselves that transactions financed by the EAGF and the EAFRD are actually carried out and are executed correctly. Member States should also prevent, detect and deal effectively with any irregularities or non-compliance with obligations committed by beneficiaries. To this end, Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests should apply. 
In order to ensure that the Union's policy priorities and objectives are consistent, risks to the environment and public health should be included in the scope of what is considered to present a risk to the general budget of the European Union, since the costs associated with these are externalised to other areas of public, including Union, spending. Minimising additional costs in other areas should ensure efficiency in public spending.











Amendment 16


Proposal for a regulation


Recital 37 a (new)








Text proposed by the Commission




Amendment





 










(37a)






In addition to Regulation (EC, Euratom) No 2988/95, more detailed provisions should be laid down in this Regulation dealing with irregularities in the field of the common agricultural policy. A beneficiary who receives aid without complying with the eligibility criteria or commitments for the grant of that aid should be considered to have wrongly obtained an advantage. Such advantages are to be withdrawn pursuant to Article 4 of Regulation (EC, Euratom) No 2988/95. In order to deter beneficiaries from non-compliance, administrative penalties within the meaning of Article 5 of Regulation (EC, Euratom) No 2988/95 should apply, in the form of reduction or exclusion from aid, in particular in situations where intentional irregularities or those caused by negligence are involved. Those administrative penalties may affect aid for which eligibility conditions or commitments have been met. However, it is important that, in the case of irregularities related to Title III of Chapter 2 of Regulation (EU) No …/2013 [DP], the sum of all withdrawals and reductions of aid should not exceed the payment referred to in that Chapter.











Amendment 17


Proposal for a regulation


Recital 38








Text proposed by the Commission




Amendment











(38)


Provisions relating to general principles on checks, withdrawals, reductions or exclusions from payments and to the imposition of penalties are contained in various sectoral agricultural regulations. Those rules should be gathered in the same legal framework at a horizontal level. They should cover the obligations of the Member States as regards administrative and on-the-spot checks, the rules on the recovery, reduction and exclusions of aid. Rules on checks of obligations not necessarily linked to the payment of an aid should be laid down as well.












(38)


Provisions relating to general principles on checks, withdrawals, reductions or exclusions from payments and to the imposition of 
proportionate administrative
 penalties are contained in various sectoral agricultural regulations. Those rules should be gathered in the same legal framework at a horizontal level. They should cover the obligations of the Member States as regards administrative and on-the-spot checks 
including the general principles and criteria applicable
, the rules on the recovery, reduction and exclusions of aid. Rules on checks of obligations not necessarily linked to the payment of an aid should be laid down as well. 
It is necessary to provide for a strong incentive for Member States to reduce the number of on-the-spot checks where the error rate is at an acceptable level, as well as for flexibility on the basis of the customary standards of the Member States or regions concerned, allowing for justified exceptions on agronomic, ecological or environmental grounds.











Amendment 18


Proposal for a regulation


Recital 38 a (new)








Text proposed by the Commission




Amendment





 










(38a)






A fair system of penalties for farmers who commit irregularities should rule out double penalties and the simultaneous application of administrative penalties under this Regulation or criminal penalties under criminal law, except in cases of fraud.











Amendment 19


Proposal for a regulation


Recital 38 b (new)








Text proposed by the Commission




Amendment





 










(38b)






Administrative penalties, including the obligation to pay back any payments obtained by the farmer, should not be imposed on the basis of circumstances that are objectively beyond the farmer’s control, and particularly not of unforeseeable events.











Amendment 20


Proposal for a regulation


Recital 41








Text proposed by the Commission




Amendment











(41)


The main elements of that integrated system and, in particular, the provisions concerning a computerised database, an identification system for agricultural parcels, aid applications or payment claims and a system for the identification and recording of payment entitlements should be maintained.












(41)


The main elements of that integrated system and, in particular, the provisions concerning a computerised database, an identification system for agricultural parcels, aid applications or payment claims and a system for the identification and recording of payment entitlements should be maintained. 
Member States should make appropriate use of technology when setting up these systems, with a view of reducing administrative burden and ensuring efficient and effective controls.











Amendment 21


Proposal for a regulation


Recital 44








Text proposed by the Commission




Amendment











(44)


Under Regulation (EC) No 485/2008, Member States are to take the measures necessary to ensure effective protection of the financial interests of the Union budget, and particularly in order to check the genuineness and compliance of operations financed by the EAGF. In the interests of clarity and rationality, the relevant provisions should be integrated into the same act. Regulation (EC) No 485/2008 should therefore be repealed.












(44)


Under Regulation (EC) No 485/2008, Member States are to take the measures necessary to ensure effective protection of the financial interests of the Union budget, and particularly in order to check the genuineness and compliance of operations financed by the EAGF. In the interests of 
simplicity,
 clarity and rationality, the relevant provisions should be integrated into the same act. Regulation (EC) No 485/2008 should therefore be repealed.









Amendment 22


Proposal for a regulation


Recital 50








Text proposed by the Commission




Amendment











(50)


Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/200125 , which was replaced by Regulation (EC) No 73/2009, established the principle that the full payment to beneficiaries of some supports under the CAP should be linked to compliance with rules relating to land management, agricultural production and agricultural activity. That principle was subsequently reflected in Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)26 and Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) 27. Under this so-called ‘cross compliance’ system Member States are to impose penalties in the form of reduction or exclusion of support received under the CAP in whole or in part.












(50)


Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/200125 , which was replaced by Regulation (EC) No 73/2009, established the principle that the full payment to beneficiaries of some supports under the CAP should be linked to compliance with rules relating to land management, agricultural production and agricultural activity. That principle was subsequently reflected in Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)26 and Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) 27. Under this so-called ‘cross compliance’ system Member States are to impose 
administrative
 penalties in the form of reduction or exclusion of support received under the CAP in whole or in part
, in accordance with the principle of proportionality and taking into account the general criteria for the graduation of these penalties as defined in this Regulation
.









Amendment 23


Proposal for a regulation


Recital 53








Text proposed by the Commission




Amendment











(53)


Statutory management requirements need to be fully implemented by Member States in order to become operational at farm level and ensure the necessary equal treatment between farmers.












(53)


Statutory management requirements need to be fully implemented by Member States in order to become operational at farm level and ensure the necessary equal treatment between farmers. 
The Commission should issue guidelines on the interpretation of the rules on animal identification and registration for cross-compliance purposes, which should, where appropriate, provide for flexibility at farm level in order to strike the necessary balance between safeguarding the spirit of the legislation and applying proportionate administrative penalties only in the case of non-compliance directly and unequivocally attributable to the beneficiaries, in particular in respect of repeated failure of the technology in use.











Amendment 24


Proposal for a regulation


Recital 54








Text proposed by the Commission




Amendment













(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







Amendment 26


Proposal for a regulation


Recital 56








Text proposed by the Commission




Amendment













(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







Amendment 27


Proposal for a regulation


Recital 57








Text proposed by the Commission




Amendment











(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, 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 cross compliance and in particular from its control system and from the risk of cross compliance penalties. However, that exemption 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.












(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, 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 …/2013[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 cross compliance and in particular from its control system and from the risk of cross compliance penalties. However, that exemption 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. 
Minor unintentional infringements associated with cross compliance inspections should not incur a penalty. Instead a warning should be issued and compliance monitored at a future inspection.











Amendment 28


Proposal for a regulation


Recital 60








Text proposed by the Commission




Amendment











(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.












(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 in order to achieve a better acceptance of the cross compliance system by farming communities and in order to better involve farmers in the implementation of the requirements. This system should include warning letters calling for remedial action by the beneficiary concerned followed, in the next year, by verification, by the Member State, of compliance.











Amendment 29


Proposal for a regulation


Recital 68








Text proposed by the Commission




Amendment











(68)


Each measure under the CAP should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. In this context a list of indicators should be determined and the impact of the CAP policy assessed by the Commission in relation to policy objectives. The Commission should set up a framework for a common monitoring and evaluation ensuring among others that relevant data, including information from Member States is available on a timely manner. In so doing it should take into account the data needs and synergies between potential data sources. Moreover, the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Budget for Europe 2020 — Part II stated that the climate related expenditure in the overall Union budget should increase to at least 20 %, with contribution from different policies. The Commission should therefore be able to assess the impact of the Union's support in the framework of the CAP to climate objectives.












(68)


Each measure under the CAP should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. In this context a list of indicators should be determined and the impact of the CAP policy assessed by the Commission in relation to policy objectives. The Commission should set up a framework for a common monitoring and evaluation ensuring among others that relevant data, including information from Member States is available on a timely manner. In so doing it should take into account the data needs and synergies between potential data sources
, drawing, as far as possible, on existing data sources
. 
In addition, the monitoring and evaluation framework should take account of and properly reflect the structure of the CAP, since the monitoring and evaluation framework for the second pillar cannot be applied to the first pillar, in particular because under the first pillar there is scope for generating synergies, given the comparably uniform nature of the measures. Proper account should be taken of this.
 Moreover, the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Budget for Europe 2020 — Part II stated that the climate related expenditure in the overall Union budget should increase to at least 20 %, with contribution from different policies. The Commission should therefore be able to assess the impact of the Union's support in the framework of the CAP to climate objectives.









Amendment 30


Proposal for a regulation


Recital 70c








Text proposed by the Commission




Amendment











(70c)


In its judgment, the Court did not contest the legitimacy of the objective of reinforcing public control of the use of the money from the EAGF and the EAFRD. 
This objective should be analysed in the light of the new financial management and control framework to be applied as from 1 January 2014. In the context of this framework, the controls by the national administrations cannot be exhaustive and, in particular, for almost all schemes only a limited part of the population can be checked on-the-spot. An increase of the minimum control rates beyond the levels currently applied would, in the present context, put additional financial and administrative burden on the national administrations and would not be cost-effective. Moreover, the new framework provides that, under certain conditions, Member States may reduce the number of on-the-spot checks. Against this background, the publication of the name of the beneficiaries of the agricultural funds reinforces the public control of the use of those funds and, therefore, is a useful addition to the existing management and control framework that is necessary to ensure an adequate level of protection of the Union's financial interest. The national authorities, while applying the new rules simplifying the administrative process of the implementation of Union funds and reducing the administrative costs, should be enabled to rely on the public control, notably through its preventive and deterrent effect against fraud and any misuse of the public funds, by discouraging individual beneficiaries from irregular behaviour.














(70c)


In its judgment, the Court did not contest the legitimacy of the objective of reinforcing public control of the use of the money from the EAGF and the EAFRD.









Amendment 31


Proposal for a regulation


Recital 70d








Text proposed by the Commission




Amendment











(70d)


The objective of the public control of the use of the money from the EAGF and the EAFRD pursued with the publication of beneficiaries may be achieved only by ensuring a certain degree of information to be 
delivered
 to the knowledge of the public. That information should cover data on 
the identity of the beneficiary,
 the amount awarded and under which of the funds, the purpose and the nature of the measure concerned. 
The publication of that information should be made in such a way as to cause less interference with
 the beneficiaries
’ right
 to respect for their private life in general and to protection of their personal data in particular, rights recognised by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.












(70d)


The objective of the public control of the use of the money from the EAGF and the EAFRD pursued with the publication of beneficiaries may be achieved only by ensuring a certain degree of information to be 
brought
 to the knowledge of the public. That information should cover data on the amount awarded under each of the funds, the purpose and the nature of the measure concerned. 
In order to provide an accurate picture of the territorial distribution of CAP support, information on the location of the holdings to which those measures apply should also be provided.
 The 
right of
 beneficiaries to respect for their private life in general and to protection of their personal data in particular, rights recognised by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union
, should be safeguarded
.









Amendment 32


Proposal for a regulation


Recital 70f








Text proposed by the Commission




Amendment













(70f)






In order to observe a balance between the pursued objective of the public control of the use of the money from the EAGF and the EAFRD on the one hand and the beneficiaries’ right to respect for their private life in general and to protection of their personal data on the other hand, the importance of the aid should be taken into account. Following the extensive analysis and the consultation with the stakeholders it appeared that in order to reinforce the effectiveness of such publication and to limit the interference with the beneficiaries' rights, a threshold should be set up as regards the amount of aid received below which the name of the beneficiary should not be published.










deleted







Amendment 33


Proposal for a regulation


Recital 70 g








Text proposed by the Commission




Amendment













(70 g)






The threshold should reflect and be based on the level of the support schemes set up within the framework of the CAP. As the structures of the Member States' agricultural economies vary considerably and may differ significantly from the average Union farm structure, the application of different minimum thresholds that reflect the particular situation of the Member States should be allowed. Regulation xxx/xxx [DP] sets out a simple and specific scheme for small farms. Article 49 of that Regulation lays down criteria for calculating the amount of aid. For reasons of consistency, those criteria should also be used for fixing specific thresholds per Member State for the publication of the name of a beneficiary. Except for the name, below that specific threshold the publication should contain all the relevant information in order to allow the taxpayers to have an accurate image of the CAP.










deleted







Amendment 34


Proposal for a regulation


Recital 70h








Text proposed by the Commission




Amendment











(70h)


In addition, making this information accessible to the public enhances transparency regarding the use of Union funds in the CAP, thus contributing to the visibility and better understanding of that policy. It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen. It would also help local people to witness concrete examples of the provision of ‘public goods’ by farming and underpin the legitimacy of state support for the agricultural sector. Furthermore, the personal accountability of the farmers for use of the public funds received will be reinforced.












(70h)


In addition, making this information accessible to the public enhances transparency regarding the use of Union funds in the CAP, thus contributing to the visibility and better understanding of that policy. 
Similar rules should also apply to beneficiaries of funding from other Union funds (ERFD, ESF and EFF) so that this objective can also be achieved in other fields of Union policy.
 It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen. It would also help local people to witness concrete examples of the provision of ‘public goods’ by farming and underpin the legitimacy of state support for the agricultural sector. Furthermore, the personal accountability of the farmers for use of the public funds received will be reinforced.









Amendment 35


Proposal for a regulation


Article 2 — paragraph 1 — subparagraph 1








Text proposed by the Commission




Amendment





1.   The definitions of ‘farmer’, ‘agricultural activity’, ‘agricultural area’
, ‘holding’
 laid down in Article 4 of Regulation (EU) xxx/xxx[DP] shall apply for the purposes of this Regulation
, save as otherwise provided for in this Regulation
.


1.   The definitions of ‘farmer’, ‘agricultural activity’
and
‘agricultural area’ laid down in Article 4 of Regulation (EU) …/2013[DP] shall apply for the purposes of this Regulation.





Amendment 36


Proposal for a regulation


Article 2 — paragraph 1 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




Save for the purpose of Title VI, the definition of ‘holding’ laid down in Article 4 of Regulation (EU) …/2013[DP] shall apply for the purposes of this Regulation.







Amendment 37


Proposal for a regulation


Article 2 — paragraph 1 — subparagraph 2 a (new)








Text proposed by the Commission




Amendment





 




For the purposes of this Regulation, ‘sectoral agricultural legislation’ means any applicable act adopted on the basis of Article 43 TFEU within the framework of the CAP as well as, where applicable, any delegated acts or implementing acts adopted on the basis of those acts.







Amendment 38


Proposal for a regulation


Article 2 — paragraph 2 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






a plant disease affecting part or all of the beneficiary's crops;











Amendment 39


Proposal for a regulation


Article 2 — paragraph 2 — point f








Text proposed by the Commission




Amendment











(f)


expropriation of 
a large
 part of the holding if that could not have been anticipated on the day of lodging the application.












(f)


expropriation of 
all or
 part of the holding if that could not have been anticipated on the day of lodging the application
, or repossession of the land by the owner
.









Amendment 40


Proposal for a regulation


Article 7 — paragraph 1 — subparagraph 1








Text proposed by the Commission




Amendment





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.


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





Amendment 41


Proposal for a regulation


Article 7 — paragraph 2 — subparagraph 2 a (new)








Text proposed by the Commission




Amendment





 




The Commission shall, on a risk basis, review the documentary evidence provided by the Member States pursuant to Article 102 and assess the functioning of the systems in order to confirm that management and control bodies satisfy the conditions for national accreditation.







Amendment 42


Proposal for a regulation


Article 7 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)


a management declaration of assurance as to the completeness, accuracy and veracity of the accounts, the proper functioning of the internal control systems as well as to the legality and regularity of the underlying transactions 
and the respect of the principle of sound financial management;














(b)


a management declaration of assurance as to the completeness, accuracy and veracity of the accounts 
and
 the proper functioning of the internal control systems
, based on measurable performance criteria,
 as well as to the legality and regularity of the underlying transactions;









Amendment 43


Proposal for a regulation


Article 7 — paragraph 3 — point c








Text proposed by the Commission




Amendment











(c)


a summary of the results of all available audits and checks carried out, including an analysis of systematic 
or
 recurrent weaknesses as well as corrective actions taken or planned.












(c)


a summary of:








 








 










(i)




the results of all available audits and checks carried out, including an analysis of systematic 
and
 recurrent weaknesses as well as corrective actions taken or planned,












 








 










(ii)






the control statistics sent in accordance with Article 102(1)(c)(v), and














 








 










(iii)






other checks that are considered relevant
.













Amendment 44


Proposal for a regulation


Article 7 — paragraph 4 –– subparagraph 1 — introductory phrase








Text proposed by the Commission




Amendment





4.   Where more than one paying agency is accredited, the Member State shall 
designate
 a body, hereinafter referred to as the ‘coordinating body’, to which it assigns the following tasks:


4.   Where, 
as a result of a Member State’s constitutional arrangements,
 more than one paying agency is accredited, the Member State shall 
select
 a body, hereinafter referred to as the ‘coordinating body’, to which it assigns the following tasks:





Amendment 45


Proposal for a regulation


Article 7 — paragraph 5








Text proposed by the Commission




Amendment





5.   Where an accredited paying agency does not meet or no longer meets one or more of the accreditation criteria referred to in paragraph 2, the Member State shall withdraw its accreditation unless the paying agency makes the necessary changes within a period to be determined according to the severity of the problem.


5.   Where an accredited paying agency does not meet or no longer meets one or more of the accreditation criteria referred to in paragraph 2, the Member State shall
, on its own initiative or at the request of the Commission,
 withdraw its accreditation unless the paying agency makes the necessary changes within a period to be determined according to the severity of the problem.





Amendment 46


Proposal for a regulation


Article 8 — paragraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






rules on the scope and work underlying the management declaration of the paying agencies;











Amendment 47


Proposal for a regulation


Article 8 — paragraph 1 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






the obligations of the paying agencies as regards public intervention, as well as the content of their management and control responsibilities;











Amendment 48


Proposal for a regulation


Article 8 — paragraph 2 — point a








Text proposed by the Commission




Amendment













(a)






the obligations of the paying agencies as regards public intervention, as well as on the content of their management and control responsibilities.










deleted







Amendment 49


Proposal for a regulation


Article 9








Text proposed by the Commission




Amendment





1.   The certification body shall be a public or private audit body 
designated
 by the Member State 
which
 shall provide an opinion on 
the management declaration of assurance covering
 the completeness, accuracy and veracity of the annual accounts of the paying agency, the proper functioning of 
its internal
 control 
system
, the legality and regularity of the underlying transactions, 
as well as the respect of the principle of sound financial management
.


1.   The certification body shall be a public or private audit body
. Where it is a private audit body, it shall be selected
 by the Member State 
by means of a public tendering procedure. The certification body
 shall provide an opinion
, drawn up in accordance with internationally accepted audit standards,
 on the completeness, accuracy and veracity of the annual accounts of the paying agency 
and
 the proper functioning of 
the
 control 
systems put in place as well as
 the legality and regularity of the underlying transactions. 
This opinion shall state, inter alia, whether the examination calls into question the assertions made in the management declaration of assurance referred to in Article 7(3)(b).






It shall be operationally independent from both the paying agency concerned and the authority which has accredited that agency.


It shall be operationally independent from both the paying agency concerned and the authority which has accredited that agency.




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 
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).




2.   The Commission shall 
be empowered to adopt delegated
 acts, 
in accordance with Article 111, laying
 down rules concerning the status of the certification bodies 
and
 the specific tasks, including the checks, which 
shall be structured in the most efficient way, relying as far as possible on integrated samples with a view of minimising the administrative burden on farmers and Member States
.




 




The Commission shall adopt implementing acts, laying down rules concerning the certificates and reports to be drawn up by the certification bodies, together with the documents accompanying them. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).







Amendment 50


Proposal for a regulation


Article 12








Text proposed by the Commission




Amendment





1.   Member States shall establish a system of advising beneficiaries on land and farm management (
hereinafter referred to as the
‘farm advisory system’) operated by one or more 
designated
 bodies. The 
designated
 bodies may be public or private.


1.   Member States shall establish a system of advising beneficiaries on land 
management, farm management,
 and farm 
risk
 management (‘farm advisory system’) operated by one or more 
selected
 bodies. The 
selected
 bodies may be public 
and/
or private.




2.   The farm advisory system shall cover at least:


2.   The farm advisory system shall cover at least the following:










(a)


the statutory management requirements and the standards for good agricultural and environmental condition of land as laid down in Chapter I of Title VI;












(a)




obligations at farm level deriving from
 the statutory management requirements and the standards for good agricultural and environmental condition of land as laid down in Chapter I of Title VI;














(b)


the agricultural practices beneficial for the climate and the environment as laid down in Chapter 2 of Title III of Regulation (EU) No xxx/xxx [DP] and the maintenance of the agricultural area as referred to in Article 4(1)(c) of Regulation (EU) No xxx/xxx [DP];












(b)


the agricultural practices beneficial for the climate and the environment laid down in Chapter 2 of Title III of Regulation (EU) No xxx/xxx [DP] and the maintenance of the agricultural area referred to in Article 4(1)(c) of Regulation (EU) No xxx/xxx [DP];














(c)


the requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation at minimum as laid down in Annex I to this Regulation;












(c)


the requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation at minimum as laid down in Annex I to this Regulation;








 










(ca)






the sustainable development of the economic activities of farms in accordance with measures provided for in rural development programmes, including those for farm modernisation, competitiveness building, sectoral integration, innovation and market orientation as well as the promotion and implementation of principles relating to accounting, entrepreneurship and the sustainable management of economic resources;
















(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].












(d)


the 
environmental performance and
 sustainable development of the 
economic
 activity of farms as defined by the Member States
, with priority being given to
 those participating in the small farmers scheme referred to in Title V of Regulation (EU) No …/2013[DP].








3.   The farm advisory system may also cover 
in particular
:


3.   The farm advisory system may also cover
, inter alia, the following
:












(a)






the sustainable development of the economical activity of holdings other than those referred to in paragraph (2)(d);








 




 










(aa)






the promotion of conversions of farms and the diversification of their economic activity,










 










(ab)






risk management and the introduction of appropriate preventive actions to address natural disasters, catastrophic events and animal and plant diseases;










 










(ac)






advice on integrated pest management and on the use of non chemical alternatives.
















(b)


the 
minimum
 requirements established by national legislation, as referred to in Article 29
(3)
 and 30
(2)
 of Regulation (EU) No xxx/xxx [RD]












(b)


the requirements established by national legislation, as referred to in Article 29 and 30 of Regulation (EU) No …/2013 [RD]









Amendment 51


Proposal for a regulation


Article 13 — paragraph 1








Text proposed by the Commission




Amendment





1.   Member States shall ensure that the advisors within the farm advisory system are suitably qualified and regularly 
trained
.


1.   Member States shall ensure that the advisors within the farm advisory system are suitably qualified and regularly 
undergo in-service training
.





Amendment 52


Proposal for a regulation


Article 13 — paragraph 3








Text proposed by the Commission




Amendment





3.   The 
competent
 national authority shall provide the beneficiary
, where appropriate by the use of electronic means,
 with the appropriate list of 
designated
 bodies.


3.   The national authority shall provide the 
potential
 beneficiary with the appropriate list of 
selected
 bodies 
primarily by electronic means
.





Amendment 53


Proposal for a regulation


Article 14








Text proposed by the Commission




Amendment





Beneficiaries, whether or not they receive support under the common agricultural policy, including rural development, may use the farm advisory system on a voluntary basis.


Beneficiaries, whether or not they receive support under the common agricultural policy, including rural development, may use the farm advisory system on a voluntary basis.




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.


However Member States may determine, 
based on environmental, economic and social
 criteria, the categories of beneficiaries that are to have priority access to the farm advisory system
, which may include, inter alia
:




 










(a)






those
 farmers whose access to an advisory service other than the farm advisory system is most limited;








 










(b)






farmers participating in the measures intended to ensure carbon, nutrient and/or energy efficiency described in Chapter 2 of Title III of Regulation (EU) No …/2013[DP];










 










(c)






networks operating with limited resources within the meaning of Articles 53, 61 and 62 of Regulation (EU) (EU) No …/2013 [RD]
.








The farm advisory system shall ensure that beneficiaries have access to advice reflecting the specific situation of their holding.


The farm advisory system shall ensure that beneficiaries have access to advice reflecting the specific situation of their holding.





Amendment 54


Proposal for a regulation


Article 15 — paragraph 2








Text proposed by the Commission




Amendment







2.
   
The Commission may, by means of implementing acts, adopt rules for the uniform implementation of the farm advisory system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).






deleted







Amendment 55


Proposal for a regulation


Article 16 — paragraph 2








Text proposed by the Commission




Amendment





2.   In the event that the Union legislation provides for sums to be reduced from the amount referred to in paragraph 1, the Commission shall
, by means of implementing
 acts, 
set
 the net balance available for EAGF expenditure on the basis of the data referred to in that legislation.


2.   In the event that the Union legislation provides for sums to be reduced from the amount referred to in paragraph 1, the Commission shall 
be empowered to adopt delegated
 acts
, in accordance with Article 111
, 
setting
 the net balance available for EAGF expenditure on the basis of the data referred to in that legislation.





Amendment 56


Proposal for a regulation


Article 22 — paragraph 1








Text proposed by the Commission




Amendment





The measures financed pursuant to point (c) of Article 6 shall aim to give the Commission the means to manage Union agricultural markets in a global context, to ensure agri-economic monitoring of agricultural land and of the condition of crops so as to enable estimates to be made
, in particular
 as regards yields and agricultural production, to share the access to such estimates in an international context, such as initiatives coordinated by United Nations organisations or other international agencies, to contribute to transparency of world markets, and to ensure 
technological
 follow-up of the agri-meteorological system.


The measures financed pursuant to point (c) of Article 6 shall aim to give the Commission the means to manage Union agricultural markets in a global context, to ensure agri-economic 
and agro-ecological
 monitoring of agricultural 
and forest
 land and of the condition of 
the agricultural resource base and
 crops, so as to enable estimates to be made
; for example
 as regards yields
, resource efficiency
 and 
long-term
 agricultural production, to share the access to such estimates in an international context, such as initiatives coordinated by United Nations organisations or other international agencies, to contribute to transparency of world markets, and to ensure follow-up of the agri-meteorological system.





Amendment 57


Proposal for a regulation


Article 22 — paragraph 2








Text proposed by the Commission




Amendment





The measures financed pursuant to point (c) of Article 6 concern the collection or purchase of data needed to implement and monitor the common agricultural policy, including satellite data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions and the updating of agri-meteorological and econometric models. Where necessary, those measures shall be carried out in collaboration with national laboratories and bodies.


The measures financed pursuant to point (c) of Article 6 concern the collection or purchase of data needed to implement and monitor the common agricultural policy, including satellite data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions
, the monitoring of soil health
 and 
soil functionality and
 the updating of agri-meteorological and econometric models. Where necessary, those measures shall be carried out in collaboration with national laboratories and bodies.





Amendment 58


Proposal for a regulation


Article 25 — paragraph 2








Text proposed by the Commission




Amendment





2.   The Council, acting on a proposal from the Commission presented no later than 31 March of the calendar year in respect of which the adjustment referred to in paragraph 1 applies, shall determine the adjustment no later than 30 June of the same calendar year.


2.   The 
European Parliament and the
 Council, acting on a proposal from the Commission presented no later than 31 March of the calendar year in respect of which the adjustment referred to in paragraph 1 applies, shall determine the adjustment no later than 30 June of the same calendar year.





Amendment 59


Proposal for a regulation


Article 25 — paragraph 3








Text proposed by the Commission




Amendment





3.   If by 30 June in any year the adjustment rate has not been set, the Commission shall set it by means of an implementing act and shall inform the Council immediately. Such implementing act shall be adopted in accordance with the advisory procedure referred to in Article 112(2).


3.   If by 30 June in any year the adjustment rate has not been set, the Commission shall set it by means of an implementing act and shall inform the 
European Parliament and the
 Council immediately. Such implementing act shall be adopted in accordance with the advisory procedure referred to in Article 112(2).





Amendment 60


Proposal for a regulation


Article 25 — paragraph 4








Text proposed by the Commission




Amendment





4.   Until 1 December, 
on a proposal by the Commission, on the basis of new information in its possession, the Council may adapt
 the adjustment rate for direct payments set in accordance with paragraphs 2 or 3.


4.   
If new material information becomes available after the adoption, on the basis of that information, of the decision referred to in paragraphs 2 and 3, the Commission may,
 until 1 December, 
without using either of the procedures referred to in Article 112(2) and (3), adopt implementing acts adapting
 the adjustment rate for direct payments set in accordance with paragraphs 2 or 3.





Amendment 61


Proposal for a regulation


Article 25 — paragraph 6








Text proposed by the Commission




Amendment





6.   Before 
applying this Article, account shall first be taken of the amount authorised by the budget authority
 for the Reserve for crises in the agricultural sector referred to in point 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management.


6.   Before 
submitting the proposal referred to in paragraph 2, the Commission shall determine whether the conditions
 for the 
mobilisation of the
 Reserve for crises in the agricultural sector referred to in point 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management 
have been met, and, if they have, the Commission shall submit a proposal to that effect
.





Amendment 62


Proposal for a regulation


Article 26 — paragraph 2








Text proposed by the Commission




Amendment





2.   If, on drawing up the draft budget for financial year N, there appears to be a risk that the amount referred to in Article 16 for financial year N will be exceeded, the Commission shall propose to the European Parliament and the Council 
or to the Council
 the measures necessary to ensure compliance with that amount.


2.   If, on drawing up the draft budget for financial year N, there appears to be a risk that the amount referred to in Article 16 for financial year N will be exceeded, the Commission shall propose to the European Parliament and the Council the measures necessary to ensure compliance with that amount.





Amendment 63


Proposal for a regulation


Article 26 — paragraph 3








Text proposed by the Commission




Amendment





3.   At any time, if the Commission considers that there is a risk of the amount referred to in Article 16 being exceeded and that it cannot take adequate measures to remedy the situation under its powers, it shall propose other measures to ensure compliance with that amount. These measures shall be adopted 
by the Council on the basis of Article 43(3) of the Treaty or
 by the European Parliament and the Council on the basis of Article 43(2) of the Treaty.


3.   At any time, if the Commission considers that there is a risk of the amount referred to in Article 16 being exceeded and that it cannot take adequate measures to remedy the situation under its powers, it shall propose other measures to ensure compliance with that amount. These measures shall be adopted by the European Parliament and the Council on the basis of Article 43(2) of the Treaty.





Amendments 195 and 202


Proposal for a regulation


Article 29








Text proposed by the Commission




Amendment







Without prejudice to the eligibility for support under Article 30(2) of Regulation (EU) No RD/xxx,
 expenditure financed under the EAFRD shall not be subject of any other financing under the EU budget.


Expenditure financed under the EAFRD shall not be subject of any other financing under the EU budget.





Amendment 65


Proposal for a regulation


Article 34 — paragraph 1








Text proposed by the Commission




Amendment





1.   Following the Commission decision approving the programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission. 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.


1.   Following the decision of the Commission approving the 
rural development
 programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission 
to the Member State
. This initial pre-financing amount shall represent 
7 %
 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.





Amendment 66


Proposal for a regulation


Article 35 — paragraph 1








Text proposed by the Commission




Amendment





1.   Interim payments shall be made for each rural development programme. They shall be calculated by applying the co-financing rate for each measure to the incurred public expenditure pertaining to it.


1.   Interim payments shall be made for each rural development programme. They shall be calculated by applying the co-financing rate for each measure to the incurred public expenditure pertaining to it 
or to the total eligible expenditure, including public and private expenditure
.





Amendment 67


Proposal for a regulation


Article 35 — paragraph 3 — point a








Text proposed by the Commission




Amendment











(a)


transmission to the Commission of a declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c);












(a)


transmission to the Commission of a 
monthly
 declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c);









Amendment 68


Proposal for a regulation


Article 37 — paragraph 1








Text proposed by the Commission




Amendment





1.   The Commission shall automatically decommit any portion of a budget commitment 
for a rural development programme
 that has not been used for the purpose of prefinancing or making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 35(3) has been presented to it in relation to expenditure incurred by 31 December of the second year following that of the budget commitment.


1.   The Commission shall automatically decommit any portion of a 
Member State’s
 budget commitment that has not been used for the purpose of prefinancing or making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 35(3) has been presented to it in relation to expenditure incurred by 31 December of the second year following that of the budget commitment.





Amendment 69


Proposal for a regulation


Article 37 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
Member States which, because of their federal system of government, submit several rural development programmes, may offset amounts not used by 31 December of the second year following that of the budget commitment for one or more rural development programmes against amounts spent after that date under other rural development programmes. Should any amounts remain to be decommitted after such offsetting, they shall be charged, on a proportional basis, to the rural development programmes in respect of which underspends have been recorded.







Amendment 70


Proposal for a regulation


Article 37 — paragraph 4 — subparagraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






that part of the budget commitments which concerns aid pursuant to points (b) and (c) of Article 37(1)of Regulation (EU) No …/2013[RD].











Amendment 71


Proposal for a regulation


Article 38








Text proposed by the Commission




Amendment







Article 38






deleted








Budget Commitments




 






The Commission Decision adopting the list of the projects to which the Prize for innovative, local cooperation is awarded, as referred to in Article 58(4) of Regulation (EU) No RD/xxx shall constitute a financing decision within the meaning of Article [75(2)] of Regulation (EU) No FR/xxx.




 






Following the adoption of the Decision referred to in the first paragraph, the Commission shall made a budget commitment by Member State for the total amount of the prizes granted to projects in that Member State within the limit referred to in Article 51(2) of Regulation (EU) No RD/xxx.




 





Amendment 72


Proposal for a regulation


Article 39








Text proposed by the Commission




Amendment







Article 39






deleted








Payments to the Member States




 






1.
   
Within the framework of the interim payments referred to in Article 35, the Commission shall make payments in order to reimburse the expenditure incurred by accredited paying agencies in awarding the Prizes referred to in this Section in the limits of the available budget commitments for the Member States concerned.




 






2.
   
Each payment shall be subject to the transmission to the Commission of a declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c).




 






3.
   
Accredited paying agencies shall establish and forward, either directly or via the intermediary of the coordinating body, where one has been appointed, declarations of expenditure relating to the Prize for innovative, local cooperation to the Commission, within periods set by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 112(3).




 






Declarations of expenditure shall cover expenditure that the paying agencies have incurred during each of the periods concerned.




 





Amendment 73


Proposal for a regulation


Article 40








Text proposed by the Commission




Amendment







Article 40






deleted








Automatic decommitment for the Prize for innovative, local cooperation




 






The Commission shall automatically decommit the amounts referred to in the second subparagraph of Article 38 that have not been used for reimbursing the Member States as laid down in Article 39 or for which no declaration of expenditure meeting the conditions laid down in that Article has been presented to it in relation to expenditure incurred by 31 December of the second year following that of the budget commitment.




 






Article 37(3), (4) and (5) shall apply mutatis mutandis.




 





Amendment 74


Proposal for a regulation


Article 42 — paragraph 2








Text proposed by the Commission




Amendment





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
.


2.   Where the latest possible date of payment is not respected by the Member States, they shall pay the beneficiaries default interests. 
This paragraph shall not apply in cases where the payment delay is not the fault of the Member State concerned.







Amendments 196, 197, 198 and 199


Proposal for a regulation


Article 43 — paragraph 2 — subparagraph 1








Text proposed by the Commission




Amendment





2.   The Commission may, by way of implementing acts, reduce or suspend the monthly or interim payments to a Member State if 
all
 of the following conditions are met:


2.   The Commission may, by way of implementing acts, reduce or suspend the monthly or interim payments to a Member State if 
one or more of the key components of the national control system in question do not exist or are not effective due to the gravity or persistence of the deficiencies found, or irregular payments are not being recovered with the necessary diligence and if one
 of the following conditions are met:












(a)






one or more of the key components of the national control system in question do not exist or are not effective due to the gravity or persistence of the deficiencies found, or irregular payments are not being recovered with the necessary diligence;










deleted












(b)


the deficiencies referred to 
in point (a)
 are of a continuous nature and have been the reason for at least two implementing acts pursuant to Article 54, excluding from Union financing expenditure from the Member State concerned; 
and














(b)




either
 the deficiencies referred to 
above
 are of a continuous nature and have been the reason for at least two implementing acts pursuant to Article 54, excluding from Union financing expenditure from the Member State concerned; 
or
















(c)


the Commission concludes that the Member State concerned is not in a position to implement the necessary 
measures to remedy the situation in the immediate future
.












(c)


the Commission concludes that the Member State concerned is not in a position to implement the necessary 
remedial measures in the immediate future, in accordance with an action plan with clear progress indicators, to be established in consultation with the Commission
.









Amendment 75


Proposal for a regulation


Article 44 — paragraph 1








Text proposed by the Commission




Amendment







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.




Where
 sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the 
number
 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 
provided that the Commission has made available to the Member States in good time prior to the start of the reference period all the information, forms and explanations they need to compile the relevant statistics. In doing so, the Commission shall act in accordance with the principle of proportionality and the detailed rules it has adopted on the basis of Article 48(5), taking account of the extent of the delay. 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. Before suspending the monthly payments the Commission shall notify in writing the Member State concerned.







Amendment 76


Proposal for a regulation


Article 47 — paragraph 1 — subparagraph 2








Text proposed by the Commission




Amendment





It shall supply coherent, objective and comprehensive information, both inside and outside the Union, in order to give an overall picture of that policy.


It shall supply coherent, objective and comprehensive information, both inside and outside the Union, in order to give an 
accurate
 overall picture of that policy.





Amendment 77


Proposal for a regulation


Article 48 — paragraph 6








Text proposed by the Commission




Amendment





6.   The Commission 
may lay down, by means of implementing acts,
 further details on the obligation laid down in Article 46 as well as the specific conditions applying to the information to be booked in the accounts kept by the paying agencies. 
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).




6.   The Commission 
shall be empowered to adopt delegated acts, in accordance with Article 111, laying down
 further details on the obligation laid down in Article 46 as well as the specific conditions applying to the information to be booked in the accounts kept by the paying agencies.





Amendment 78


Proposal for a regulation


Article 48 — paragraph 6 a (new)








Text proposed by the Commission




Amendment





 




6a.
   
The Commission shall be empowered to adopt delegated acts, in accordance with Article 111, laying down further rules on the payment by the Member States of default interests to the beneficiaries as referred to in Article 42(2).







Amendment 79


Proposal for a regulation


Article 48 — paragraph 7 — point c








Text proposed by the Commission




Amendment













(c)






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










deleted







Amendment 80


Proposal for a regulation


Article 49 — paragraph 1 — subparagraph 1 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






whether a paying agency complies with the accreditation criteria laid down in Article 7(2) and whether the Member State correctly applies the provisions of Article 7(5);











Amendment 81


Proposal for a regulation


Article 49 — paragraph 1 — subparagraph 1 — point c b (new)








Text proposed by the Commission




Amendment





 










(cb)






the work which the certification bodies are required to carry under Article 9;











Amendment 82


Proposal for a regulation


Article 49 — paragraph 1 — subparagraph 1 — point c c (new)








Text proposed by the Commission




Amendment





 










(cc)






compliance with the obligations laid down in Article 56(1).











Amendment 83


Proposal for a regulation


Article 49 — paragraph 2 — subparagraph 1








Text proposed by the Commission




Amendment





2.   The Commission shall give sufficient prior notice of an on-the-spot check to the Member State concerned or the Member State within whose territory the check is to take place. Agents from the Member State concerned may take part in such checks.


2.   The Commission shall give sufficient prior notice of an on-the-spot check to the Member State concerned or the Member State within whose territory the check is to take place 
and shall coordinate checks with a view to reducing any negative impact on paying agencies.
 Agents from the Member State concerned may take part in such checks.





Amendment 84


Proposal for a regulation


Article 50 — paragraph 3








Text proposed by the Commission




Amendment





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.


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





Amendment 85


Proposal for a regulation


Article 51 — paragraph 1








Text proposed by the Commission




Amendment





The accredited paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by Union legislation, and shall make the documents and information available to the Commission.


The accredited paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by Union legislation, and shall make the documents and information available to the Commission. 
Such supporting documents may be kept in electronic form.







Amendment 86


Proposal for a regulation


Article 52 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





The Commission 
may, by means of implementing acts, lay
 down rules regarding:


The Commission 
shall be empowered to adopt delegated acts, in accordance with Article 111, laying
 down rules regarding:





Amendment 87


Proposal for a regulation


Article 52 — paragraph 1 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






the conditions, under which the electronic storage of supporting documents referred to in the first subparagraph of Article 51 is to be performed, including its form and duration.











Amendment 88


Proposal for a regulation


Article 52 — paragraph 2








Text proposed by the Commission




Amendment





The implementing acts provided for in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 112(3).




deleted







Amendment 89


Proposal for a regulation


Article 54 — paragraph 2








Text proposed by the Commission




Amendment





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
.


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 of the infringement and 
it shall base the amounts excluded on an assessment
 of the 
risk
 to the 
agricultural funds stemming from the infringement
.





Amendment 90


Proposal for a regulation


Article 54 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




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







Amendment 91


Proposal for a regulation


Article 54 — paragraph 3 — subparagraph 1








Text proposed by the Commission




Amendment





3.   Before the adoption of any decision to refuse financing, the findings from the Commission's inspection and the Member State's replies shall be notified in writing, following which the two parties shall attempt to reach agreement on the action to be taken.


3.   Before the adoption of any decision to refuse financing, the findings from the Commission's inspection and the Member State's replies shall be notified in writing, following which the two parties shall attempt to reach agreement on the action to be taken. 
In this context the Member States shall be given the opportunity to demonstrate, through an examination of the documentation concerned, that the actual extent of irregularity is less than the Commission's assessment.







Amendment 92


Proposal for a regulation


Article 54 — paragraph 3 — subparagraph 2








Text proposed by the Commission




Amendment





If agreement is not reached, the Member State may request opening of a procedure aimed at reconciling each party's position within four months. A report of the outcome of the procedure shall be given to the Commission, which shall 
examine it
 before deciding on any refusal of financing.


If agreement is not reached, the Member State may request opening of a procedure aimed at reconciling each party's position within four months. A report of the outcome of the procedure shall be given to the Commission, which shall 
take into account the report's recommendations
 before deciding on any refusal of financing. 
The Commission shall give reasons if it does not decide to follow the recommendations in the report.







Amendment 93


Proposal for a regulation


Article 54 — paragraph 5 — point b








Text proposed by the Commission




Amendment











(b)


national aids 
or infringements
 for which the procedure laid down in Article 108 or Article 258 of the Treaty

respectively has begun
;












(b)


national aids for which the procedure laid down in Article 108
(2) TFEU has been initiated by the Commission
 or 
infringements which the Commission has notified to the Member State concerned by a letter of formal notice in accordance with
 Article 258 TFEU;









Amendment 94


Proposal for a regulation


Article 55 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





The Commission shall
, by means of implementing
 acts
, lay
 down rules 
for the implementation of
:


The Commission shall 
be empowered to adopt delegated
 acts, 
in accordance with Article 111, laying
 down 
objectives for the various phases of the clearance of accounts procedure, the respective roles and responsibilities of the different parties involved as well as
 rules 
concerning
:





Amendment 95


Proposal for a regulation


Article 55 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


the conformity clearance provided for in Article 54 with regard to the measures to be taken in connection with the adoption of the decision and its implementation, including the information exchange between the Commission and the Member States 
and
 the deadlines to be respected as well as the conciliation procedure provided for in that Article, including the establishment, tasks, composition and working arrangements of the conciliation body.












(b)


the conformity clearance provided for in Article 54 with regard to the measures to be taken in connection with the adoption of the decision and its implementation, including the information exchange between the Commission and the Member States, the 
rates of co-financing corrections to be applied, the
 deadlines to be respected as well as the conciliation procedure provided for in that Article, including the establishment, tasks, composition and working arrangements of the conciliation body.









Amendment 96


Proposal for a regulation


Article 55 — paragraph 2








Text proposed by the Commission




Amendment







The implementing acts provided for in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 112(3).






deleted







Amendment 97


Proposal for a regulation


Article 56 — paragraph 1








Text proposed by the Commission




Amendment





1.   For any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within one year 
of the first indication that such
 an 
irregular has taken place and shall record the
 corresponding amounts in the debtors' ledger of the paying agency.


1.   For any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within one year 
after the approval
 and
, where applicable, reception, 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 same time of the recovery request
 in the debtors' ledger of the paying agency.





Amendment 98


Proposal for a regulation


Article 56 — paragraph 2 — subparagraph 2 a (new)








Text proposed by the Commission




Amendment





 




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 if 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 up to half of the original period.







Amendment 99


Proposal for a regulation


Article 56 — paragraph 3 — subparagraph 1 — point a








Text proposed by the Commission




Amendment











(a)


if the costs already and likely to be incurred total more than the amount to be recovered, or












(a)


if the costs already and likely to be incurred total more than the amount to be recovered
; this condition shall be deemed to have been met if the amount to be recovered from the beneficiary in the context of a single payment does not exceed EUR 300;
 or









Amendment 100


Proposal for a regulation


Article 57 — paragraph 2








Text proposed by the Commission




Amendment





When the Union budget is credited as referred in the first paragraph, the Member State may retain 
10 %
 of the corresponding amounts as flat rate recovery costs, except in cases of irregularity or negligence attributable to its administrative authorities or other official bodies.


When the Union budget is credited as referred in the first paragraph, the Member State may retain 
20 %
 of the corresponding amounts as flat rate recovery costs, except in cases of irregularity or negligence attributable to its administrative authorities or other official bodies.





Amendment 101


Proposal for a regulation


Article 59








Text proposed by the Commission




Amendment





In order to ensure correct and efficient application of the provisions relating to recovery set out in this Section, the Commission shall be empowered to adopt delegated act in accordance with Article 111 concerning specific obligations to be complied with by the Member States.


In order to ensure correct and efficient application of the provisions relating to 
the conditions and procedures for the
 recovery 
of debts and the default interest thereon
 set out in this Section, the Commission shall be empowered to adopt delegated act in accordance with Article 111 concerning specific obligations to be complied with by the Member States.





Amendment 102


Proposal for a regulation


Article 60 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)




offer
 effective prevention against fraud, especially as regards the areas with a higher level of risk, and which shall act as a deterrent, having regard to the costs and benefits as well as the proportionality of the measures;












(b)




ensure
 effective prevention against fraud, especially as regards the areas with a higher level of risk, and which shall act as a deterrent, having regard to the costs and benefits as well as the proportionality of the measures;









Amendment 103


Proposal for a regulation


Article 60 — paragraph 1 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






prevent undue environmental and public health costs, especially to avoid funding of activities under the CAP which generate additional costs to other policy areas within the general budget of the European Union, especially the environment and public health.











Amendment 104


Proposal for a regulation


Article 60 — paragraph 2








Text proposed by the Commission




Amendment





2.   Member States shall set up efficient management and control systems in order to ensure compliance with the legislation governing Union support schemes.


2.   Member States shall set up efficient
, proportionate and risk-based
 management and control systems in order to ensure compliance with the legislation governing Union support schemes.





Amendment 105


Proposal for a regulation


Article 60 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
The introduction of new payment systems, which would in turn necessitate the introduction of new greening-related monitoring and penalty systems, is to be avoided as this would create a need for additional, complicated administrative procedures and more red tape.







Amendment 106


Proposal for a regulation


Article 60 — paragraph 4 — subparagraph 1








Text proposed by the Commission




Amendment





4.   
The Commission may, by means of implementing acts, adopt rules aiming at reaching a uniform application
 of paragraphs 1 and 2 of this Article.


4.   
In order to ensure that the objectives
 of paragraphs 1 and 2 of this Article 
are achieved correctly and efficiently
, 
the Commission shall be empowered to adopt delegated acts, in accordance with Article 111, laying down specific obligations for the Member States.







Amendment 107


Proposal for a regulation


Article 60 — paragraph 4 — subparagraph 2








Text proposed by the Commission




Amendment







Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).






deleted







Amendment 108


Proposal for a regulation


Article 61








Text proposed by the Commission




Amendment





 




-1.
   
The Commission shall adopt delegated acts, in accordance with Article 111 regarding rules on the minimum level of on-the-spot checks necessary for an effective and proportionate management of risk. Those rules shall specify the circumstances in which Member States have to adjust the number of on-the-spot checks depending on the level of inherent risk, and shall provide for the possibility to reduce the number of checks where the error rates are at an acceptable level and the management and control systems in place work properly;






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 all aid applications and shall be supplemented by on-the-spot checks.


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 all aid applications and 
payment claims
 and shall be supplemented by on-the-spot checks 
the purpose of which 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 light of that purpose
.




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 
errors
.


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 
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.











Amendment 109


Proposal for a regulation


Article 64








Text proposed by the Commission




Amendment





1.   In order to ensure correct and efficient 
application of the checks
 and that the verification of the eligibility conditions is carried out in an 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 situations where beneficiaries or their representatives prevent checks from being carried out.




1.   In order to ensure 
that the application of the checks is
 correct and efficient and that the verification of the eligibility conditions is carried out in an 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, 
in particular, the following:








2.
   
The Commission shall, by means of implementing acts, adopt the necessary rules aiming at reaching a uniform application of this Chapter in the Union. Those rules may, in particular, relate to the following:




 




 










(-a)






the rules concerning situations where beneficiaries or their representatives prevent checks from being carried out;
















(a)


the rules concerning administrative and on-the-spot checks to be conducted by the Member States with regard to the respect of obligations, commitments and eligibility criteria resulting from the application of Union legislation;












(a)


the rules concerning administrative and on-the-spot checks to be conducted by the Member States 
in accordance with a proportionate and risk-based approach,
 with regard to the respect of obligations, commitments and eligibility criteria resulting from the application of Union legislation;
















(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;








 










(c)


the rules and methods on the reporting of the checks and verification carried out and their results;












(c)


the rules and methods on the reporting of the checks and verification carried out and their results;














(d)


the authorities responsible for performing the checks for compliance as well as to the content, the frequency and the marketing stage to which those checks shall apply;












(d)




rules on the designation of
 the authorities responsible for performing the checks for compliance as well as the content, the frequency and the marketing stage to which such checks shall apply;














(e)


where the 
specific needs for
 proper management of the system so require, rules introducing additional requirements with respect to customs procedures, in particular as laid down in Regulation (EC) No 450/2008 of the European Parliament and of the Council;












(e)


where the proper management of the system so requires, rules introducing additional requirements with respect to customs procedures, in particular as laid down in Regulation (EC) No 450/2008 of the European Parliament and of the Council;














(f)


with regard to hemp as referred to in Article 38 of Regulation (EU) No xxx/xxx [DP], rules on the specific control measures and methods for determining tetrahydrocannabinol levels;












(f)


with regard to hemp as referred to in Article 38 of Regulation (EU) No …/2013 [DP], rules on the specific control measures and methods for determining tetrahydrocannabinol levels;














(g)


with regard to cotton as referred to in Article 42 of Regulation (EU) No xxx/xxx [DP], a system for checks on the approved interbranch organisations;












(g)


with regard to cotton as referred to in Article 42 of Regulation (EU) No …/2013 [DP], a system for checks on the approved interbranch organisations;














(h)


with regard to wine as referred to in Regulation (EU) No sCMO/xxx, rules on the measurement of areas, as well as relating to checks and rules governing the specific financial procedures for the improvement of checks;












(h)


with regard to wine as referred to in Regulation (EU) No …/2013[sCMO], rules on the measurement of areas, as well as relating to checks and rules governing the specific financial procedures for the improvement of checks;














(i)


the tests and methods to be applied for establishing the eligibility of products for public intervention and private storage, as well as the use of tendering procedures, both 
for public intervention and for private storage
.












(i)


the tests and methods to be applied for establishing the eligibility of products for public intervention and private storage, as well as the use of tendering procedures 
for
 both.








 




1a.
   
The Commission shall adopt implementing acts laying down time limits by which the Commission is to respond to an indication that the Member State intends to reduce the number of its on-the-spot checks.






The implementing acts provided for in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 112(3) or in the corresponding Article of Regulation (EU) No xxx/xxx[DP], Regulation (EU) No xxx/xxx[RD] or Regulation (EU) No xxx/xxx[sCMO] respectively.


The implementing acts provided for in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 112(3) or in the corresponding Article of Regulation (EU) No …/2013[DP], Regulation (EU) No …/2013[RD] or Regulation (EU) No …/2013[sCMO] respectively.





Amendment 110


Proposal for a regulation


Article 65








Text proposed by the Commission




Amendment





1.   Where it is found that a beneficiary does not comply with the eligibility criteria 
or the commitments relating to the conditions for granting the aid
 as provided for in the sectoral agricultural legislation the aid shall be withdrawn in full 
or in part.




1.   Where it is found that a beneficiary does not comply
, in whole or in part,
 with the eligibility criteria 
for a certain aid scheme,
 as provided for in the sectoral agricultural legislation, the 
corresponding part of the
 aid shall be withdrawn in full.




 




In particular, in the case of non-compliance with eligibility criteria relating to countable units such as hectares of land or number of animals the aid shall be withdrawn in full for those units, for which the eligibility criteria are not fulfilled.






 




1a.
   
Where aid is linked to the fulfilment of specific commitments and it is found that a beneficiary does not comply with these commitments the corresponding aid shall be withdrawn in full or in part.






2.   Where 
Union law
 so provides, Member States shall also impose penalties 
by way
 of reductions or exclusions of the payment or part of the payment granted or to be granted in respect of which the eligibility criteria or the commitments have been met.


2.   Where 
legislative acts within the meaning of Article 289(3) of the Treaty
 so provide 
- where relevant, subject to further details laid down in delegated acts-
 Member States shall also impose 
administrative
 penalties 
in the form
 of reductions or exclusions of the payment or part of the payment granted or to be granted in respect of which the eligibility criteria or the commitments have been met.




The amount of the reduction of aid shall be graduated 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
.


The amounts 
of the withdrawal referred to in paragraph 1a and
 the 
administrative penalties referred to in paragraph 2
 shall be graduated according to the 
nature,
 severity, extent, duration, and reoccurrence of the non compliance found and may go as far as total exclusion 
for one or more calendar years
 from one or several aid schemes or support measures 
that are the subject of the non compliance
.




 




2a.
   
The graduation of penalties shall be based on the following general criteria:






 








—




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 Union 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;










 








—




the ‘duration’ of non-compliance shall be determined by the competent authority taking 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 has been 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;










3.   The amounts concerned by the withdrawal 
referred to in paragraph 1
 and by the penalties referred to in 
paragraph 2
 shall be recovered in full.


3.   The amounts concerned by the withdrawal and by the 
administrative
 penalties referred to in 
the previous paragraphs
 shall be recovered in full.





Amendment 111


Proposal for a regulation


Article 65 a (new)








Text proposed by the Commission




Amendment





 




Article 65a






 




Withdrawals and reductions as regards payment for agricultural practices beneficial for the climate and the environment






 




Notwithstanding Article 65, the sum of the withdrawals and reductions applied in accordance with that Article as a result of non-compliance with the obligations referred to in Title III of Chapter 2 of Regulation …/2013[DP] shall not exceed the amount of the payment referred to in that Chapter.







Amendment 112


Proposal for a regulation


Article 66 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


the suspension of the right to participate in an aid scheme, the exclusion and suspension of payment or a reduction rate of aids, payments or refunds 
or any other penalty, in particular
 in case time limits have not been respected, the product, size or quantity is not in conformity with the application, the evaluation of a scheme or the notification of information did not take place, is incorrect or is not notified on time;












(a)


the suspension of the right to participate in an aid scheme, the exclusion and suspension of payment or a reduction rate of aids, payments or refunds, in case time limits have not been respected, the product, size or quantity is not in conformity with the application, the evaluation of a scheme or the notification of information did not take place, is incorrect or is not notified on time;









Amendment 113


Proposal for a regulation


Article 66 — paragraph 1 — point g








Text proposed by the Commission




Amendment











(g)


the withdrawal or suspension of an approval or a recognition, 
in particular
 when an operator, producer organisation, association of producer organisations, producer group or inter-branch organisation fails to respect or no longer meets the conditions required, including failure to make notifications;












(g)


the withdrawal or suspension of an approval or a recognition, when an operator, producer organisation, association of producer organisations, producer group or inter-branch organisation fails to respect or no longer meets the conditions required, including failure to make notifications;









Amendment 114


Proposal for a regulation


Article 66 — paragraph 1 — subparagraph 1 — point i a (new)








Text proposed by the Commission




Amendment





 










(ia)






the procedures and technical criteria related to the measures and penalties in points (a) to (i), where non-compliance with any of the obligations resulting from the application of the relevant legislation is found;











Amendment 115


Proposal for a regulation


Article 66 — paragraph 2 — subparagraph 1 — point a








Text proposed by the Commission




Amendment













(a)






the procedures and technical criteria related to the measures and penalties referred to in paragraph 1 where non-compliance with any of the obligations resulting from the application of the relevant legislation is found;










deleted







Amendment 116


Proposal for a regulation


Article 66 — paragraph 2 — subparagraph 1 — point b








Text proposed by the Commission




Amendment











(b)


the 
rules and
 procedures regarding the recovery of undue payments resulting from the application of the relevant legislation.












(b)


the procedures regarding the recovery of undue payments resulting from the application of the relevant legislation.









Amendment 117


Proposal for a regulation


Article 68








Text proposed by the Commission




Amendment





1.   Each Member State shall set up and operate an integrated administration and control system (hereinafter referred to as the ‘integrated system’).


1.   Each Member State shall set up and operate an integrated administration and control system (hereinafter referred to as the ‘integrated system’).




2.   The integrated system shall apply to the support schemes listed in Annex I of Regulation (EU) No xxx/xxx [DP] and to the support granted in accordance with Articles 22(1)(a) and (b), 29 to 32, 34 and 35 of Regulation xxx/xxx [RD] and where applicable Article 28(1)(b) of regulation (EU) CR/xxx.


2.   The integrated system shall apply to the support schemes listed in Annex I of Regulation (EU) No …/2013 [DP] and to the support granted in accordance with Articles 22(1)(a) and (b), 29 to 32, 34 and 35 of Regulation …/2013 [RD] and where applicable Article 28(1)(b) of regulation (EU) …/2013[CR].




However, this Chapter shall not apply to measures referred to in Article 29(9) of Regulation (EU) No xxx/xxx[RD], as well as to measures under Article 22(1)(a) and (b) of that Regulation as far as the establishment cost is concerned.


However, this Chapter shall not apply to measures referred to in Article 29(9) of Regulation (EU) No …/2013[RD], as well as to measures under Article 22(1)(a) and (b) of that Regulation as far as the establishment cost is concerned.




3.   To the extent necessary, the integrated system shall also apply to the control of cross-compliance as laid down in Title VI.


3.   To the extent necessary, the integrated system shall also apply to the control of cross-compliance as laid down in Title VI.




 




3a.
   
Member States shall make appropriate use of technology when setting up their integrated system, in order to reduce administrative burdens and ensure that controls are carried out in an efficient and effective manner.







Amendment 118


Proposal for a regulation


Article 70 — paragraph 1 — subparagraph 2








Text proposed by the Commission




Amendment





This database shall in particular allow consultation through the competent authority of the Member State, of the data relating to the calendar and/or marketing years, starting from 2000. It shall also allow direct and immediate consultation of the data relating to at least the previous five consecutive calendar years.


This database shall in particular allow consultation through the competent authority of the Member State, of the data relating to the calendar and/or marketing years, starting from 2000. 
However, the Member States which acceded to the Union in 2004 shall only be required to ensure consultation of the data from 2004.
 It shall also allow direct and immediate consultation of the data relating to at least the previous five consecutive calendar years.





Amendment 119


Proposal for a regulation


Article 73 — paragraph 2 and 2a (new)








Text proposed by the Commission




Amendment





2.   Member States shall provide, inter alia by the use of electronic means, preestablished forms based on the areas determined in the previous year as well as graphic material indicating the location of those areas. A Member State may decide that the aid application needs to contain only changes with respect to the aid application submitted the previous year. However, as concerns the small farmers scheme as provided for in Title V of Regulation (EU) No DP/xxx this possibility shall be given to all farmers concerned.


2.   Member States shall provide, inter alia by the use of electronic means, preestablished forms based on the areas determined in the previous year as well as graphic material indicating the location of those areas. A Member State may decide that the aid application needs to contain only changes with respect to the aid application submitted the previous year. However, as concerns the small farmers scheme as provided for in Title V of Regulation (EU) No …/2013[DP]this possibility shall be given to all farmers concerned.




 




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 the beneficiaries concerned are under an obligation to report any change to the information they first submitted. The multiannual application shall however be conditional upon annual confirmation by the beneficiary.







Amendment 120


Proposal for a regulation


Article 75








Text proposed by the Commission




Amendment





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.


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 
the purpose of which shall be to monitor compliance with the provisions of the aid schemes and the level of inherent risk
.




2.   For the purpose of on the spot checks Member States shall draw up a sampling plan of 
agricultural holdings and/or
 beneficiaries.


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




3.   Member States may use remote sensing and Global Navigation Satellite System (GNSS) techniques as a means of carrying out on-the-spot checks on agricultural parcels.


3.   Member States may use remote sensing and Global Navigation Satellite System (GNSS) techniques as a means of carrying out on-the-spot checks on agricultural parcels.




4.   In case of non compliance with the eligibility conditions Article 65 shall apply.


4.   In case of non compliance with the eligibility conditions Article 65 shall apply.





Amendment 121


Proposal for a regulation


Article 76








Text proposed by the Commission




Amendment





1.   The payments under the support schemes and measures referred to in Article 68(2) shall be made within the period from 1 December to 30 June of the following calendar year. Payments shall be made in up to two instalments within that period.


1.   The payments under the support schemes and measures referred to in Article 68(2) shall be made within the period from 1 December to 30 June of the following calendar year. Payments shall be made in up to two instalments within that period.




Payments shall be made in up to two instalments within that period.


Payments shall be made in up to two instalments within that period.




However Member States may pay advances up to 50 % as regards direct payments and 75 % for the support granted under rural development as referred to in Article 68(2) prior to 1 December and not before 16 October.


However Member States may pay advances up to 50 % as regards direct payments and 75 % for the support granted under rural development as referred to in Article 68(2) prior to 1 December and not before 16 October.




 




Without prejudice to the application of the third subparagraph, the Commission may adopt implementing acts authorising the Member States to increase the percentage of advances to 80 % in regions in which farmers face serious financial difficulties due to exceptional conditions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).






2.   Payments referred to in the paragraph 1 shall not be made before the verification of eligibility conditions, to be carried out by the Member States pursuant to Article 75, has been finalised.


2.   Payments referred to in the paragraph 1 shall not be made before the verification of eligibility conditions, to be carried out by the Member States pursuant to Article 75, has been finalised.




 




2a.
   
By way of derogation from paragraph 2 of this Article, Member States may decide, taking into account the risk of overpayment, to pay up to 50 % of the applicable payment referred to in Title III of Regulation (EU) …/2013 [DP] and 75 % of the support granted under rural development as referred to in Article 68(2) after completion of the administrative checks provided for in Article 61(1). The percentage payment shall be the same for all beneficiaries of the measure or of the set of operations.






 




2b.
   
The Commission may, at the request of one or more Member State, under exceptional circumstances and where the necessary budgetary resources are available, authorise advances to be paid before 16 October.







Amendment 122


Proposal for a regulation


Article 77 — paragraph 1 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






rules on the use of technology when setting up the integrated system to ensure their optimisation;











Amendment 123


Proposal for a regulation


Article 77 — paragraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






the basic features, definitions and quality requirements for the computerised database provided for in Article 70;











Amendment 124


Proposal for a regulation


Article 77 — paragraph 1 — point b b (new)








Text proposed by the Commission




Amendment





 










(bb)






the basic features, definitions and quality requirements for the identification system for agricultural parcels, provided for in Article 71, and for the identification of the beneficiaries, provided for in Article 74;











Amendment 125


Proposal for a regulation


Article 77 — paragraph 1 — point b c (new)








Text proposed by the Commission




Amendment





 










(bc)






the basic features, definitions and quality requirements for the system for the identification and registration of payment entitlements provided for in Article 72;











Amendment 126


Proposal for a regulation


Article 77 — paragraph 1 — point b d (new)








Text proposed by the Commission




Amendment





 










(bd)






rules on the aid application and payments claims provided for in Article 73, and the application for payment entitlements, including the final date for submission of applications, the requirements as to the minimum amount of information to be included in the application, provisions for amendments to or the withdrawal of aid applications, exemption from the requirement to submit an aid application and provisions which allow Member States to apply simplified procedures or to correct obvious errors;











Amendment 127


Proposal for a regulation


Article 77 — paragraph 1 — point b e (new)








Text proposed by the Commission




Amendment





 










(be)






rules on the carrying out of checks in order to verify compliance with obligations, and the correctness and completeness of the information provided in the aid application or payment claim;











Amendment 128


Proposal for a regulation


Article 77 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(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;












(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; 
without prejudice to Article 9 of Regulation (EU) No …/2013 [DP], eligibility rules shall be consistent with meeting the challenges of climate change and biodiversity loss, and shall not, therefore, penalise high nature value farming or grazed agro-forestry systems, or cause decreases in environmental quality; flexibility, justified on agronomic or ecological grounds, shall be allowed on the basis of the customary standards of the Member State or region concerned;











Amendment 129


Proposal for a regulation


Article 77 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)


provisions to ensure a harmonised and proportionate treatment of 
intentional
 irregularities, situations of minor errors, accumulation of reductions and simultaneous application of different reductions;












(b)


provisions to ensure a harmonised and proportionate treatment of 
severe
 irregularities, situations of minor errors, accumulation of reductions and simultaneous application of different reductions;









Amendment 130


Proposal for a regulation


Article 78 — paragraph 1 — point a








Text proposed by the Commission




Amendment













(a)






the basic features, definitions and quality requirements for the computerised database provided for in Article 70;










deleted







Amendment 131


Proposal for a regulation


Article 78 — paragraph 1 — point b








Text proposed by the Commission




Amendment













(b)






the basic features, definitions and quality requirements for the identification system for agricultural parcels provided for in Article 71 and for the identification of the beneficiaries as provided for in Article 74;










deleted







Amendment 132


Proposal for a regulation


Article 78 — paragraph 1 — point c








Text proposed by the Commission




Amendment













(c)






the basic features, definitions and quality requirements for the system for the identification and registration of payment entitlements provided for in Article 72;










deleted







Amendment 133


Proposal for a regulation


Article 78 — paragraph 1 — point d








Text proposed by the Commission




Amendment













(d)






rules on the aid application and payments claims provided for in Article 73, and the application for payment entitlements, including the final date for submission of applications, the requirements as to the minimum amount of information to be included in the application, provisions for amendments to or the withdrawal of aid applications, exemption from the requirement to submit an aid application and provisions which allow Member States to apply simplified procedures or to correct obvious errors;










deleted







Amendment 134


Proposal for a regulation


Article 78 — paragraph 1 — point e








Text proposed by the Commission




Amendment













(e)






rules on the carrying out of checks in order to verify compliance with obligations, and the correctness and completeness of the information provided in the aid application or payment claim;










deleted







Amendment 135


Proposal for a regulation


Article 78 — paragraph 1 — point f








Text proposed by the Commission




Amendment













(f)






technical definitions needed for the purpose of the uniform implementation of this Chapter;










deleted







Amendment 136


Proposal for a regulation


Article 88 — paragraph 2 — subparagraph 1 — introductory part








Text proposed by the Commission




Amendment





2.   The Commission shall, where necessary, by means of implementing acts adopt the provisions aiming at reaching a uniform application of this 
Regulation in the Union
, in particular relating to the following:


2.   The Commission shall, where necessary, by means of implementing acts adopt the provisions aiming at reaching a uniform application of this 
Chapter
, in particular relating to the following:





Amendment 137


Proposal for a regulation


Article 90 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




(3a)
   
The Commission shall be empowered to adopt delegated acts, in accordance with Article 111, concerning the following:






 










(a)






the actions to be implemented by the Member States to prevent the unlawful use of protected designations of origin and protected geographical indications;










 










(b)






relevant checks and verification to be carried out by the Member States, including testing.











Amendment 138


Proposal for a regulation


Article 90 — paragraph 4 — subparagraph 1 — point c








Text proposed by the Commission




Amendment













(c)






the actions to be implemented by the Member States to prevent the unlawful use of protected designations of origin and protected geographical indications;










deleted







Amendment 139


Proposal for a regulation


Article 90 — paragraph 4 — subparagraph 1 — point d








Text proposed by the Commission




Amendment













(d)






checks and verification to be carried out by the Member States, including testing.










deleted







Amendment 140


Proposal for a regulation


Article 91 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned;












a)


the non-compliance is the result of an act or omission directly 
and unequivocally
 attributable to the beneficiary concerned;









Amendment 141


Proposal for a regulation


Article 91 — paragraph 2 — subparagraph 1 — point b








Text proposed by the Commission




Amendment











(b)


the non-compliance is related to the agricultural activity of the beneficiary; 
and














(b)


the non-compliance is related to the agricultural activity of the beneficiary; 
or











Amendment 142


Proposal for a regulation


Article 93 — paragraph 3








Text proposed by the Commission




Amendment







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







Amendment 144


Proposal for a regulation


Article 93 — paragraph 5








Text proposed by the Commission




Amendment





In addition, as regards the years 2014 and 2015, the rules on cross compliance shall also comprise the maintenance of permanent grassland. 
The
 Member States which were Member 
of the Union at
1 January 2004 shall ensure that land which was under permanent grassland at the date provided for the area aid applications for 2003 is maintained under permanent grassland within defined limits. 
The
 Member States which became 
Member of the Union
 in 2004 shall ensure that land which was under permanent grassland on 1 May 2004 is maintained under permanent grassland within defined limits. Bulgaria and Romania shall ensure that land which was under permanent grassland on 1 January 2007 is maintained under permanent grassland within defined limits.


In addition, as regards the years 2014 and 2015, the rules on cross compliance shall also include the maintenance of permanent grassland 
and permanent pasture.
 Member States which were 
Member States before
1 January 2004 shall ensure that land which was under permanent grassland 
and permanent pasture
 at the date provided for the area aid applications for 2003 is maintained under permanent grassland 
and permanent pasture
 within defined limits. Member States which became 
Member States
 in 2004 shall ensure that land which was under permanent grassland 
and permanent pasture
 on 1 May 2004 is maintained under permanent grassland 
and permanent pasture
 within defined limits. Bulgaria and Romania shall ensure that land which was under permanent grassland 
and permanent pasture
 on 1 January 2007 is maintained under permanent grassland 
and permanent pasture
 within defined limits.




 




However, a Member State may, in duly justified circumstances, derogate from the first subparagraph, provided that it takes action to prevent a significant decrease in its total permanent grassland and permanent pasture area.







Amendment 145


Proposal for a regulation


Article 93 — paragraph 8








Text proposed by the Commission




Amendment







Furthermore,
 the Commission shall
, by means of implementing acts, adopt
 the methods for the determination of the ratio of permanent grassland and agricultural land that has to be maintained. 
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).




The Commission shall 
be empowered to adopt delegated acts, in accordance with Article 111, laying down
 the methods for the determination of the ratio of permanent grassland and agricultural land that has to be maintained.





Amendment 146


Proposal for a regulation


Article 94








Text proposed by the Commission




Amendment





Member States shall ensure that all agricultural area
, including land which is no longer used for production purposes,
 is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land on the basis of Annex II, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures. Member States shall not define minimum requirements which are not established in Annex II.


Member States shall ensure that all agricultural area is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land on the basis of Annex II, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures. Member States shall not define minimum requirements which are not established in Annex II.





Amendment 147


Proposal for a regulation


Article 96 — paragraph 1 — subparagraph 2








Text proposed by the Commission




Amendment





Member States may make use of their existing administration and control systems to ensure compliance with the rules on cross compliance.


Member States may make use of their existing administration and control systems to ensure compliance with the rules on cross compliance 
and shall define a set of verifiable requirements and standards to be applied at farm level
.





Amendment 148


Proposal for a regulation


Article 96 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
Checks of requirements, standards, acts or areas of cross compliance may take account of the following factors:






 








—




farmers’ participation in the farm advisory system provided for in Title III of this Regulation;










 








—




farmers’ participation in a certification system, if such system covers the requirements and standards concerned.











Amendment 149


Proposal for a regulation


Article 96 — paragraph 3








Text proposed by the Commission




Amendment





3.   Member States shall carry out on-the-spot checks to verify whether a beneficiary complies with the obligations laid down in this Title.


3.   Member States shall carry out on-the-spot checks to verify whether a beneficiary complies with the obligations laid down in this Title. 
In doing so, Member States shall focus primarily on claims with the highest risks according to the principle of proportionality
.





Amendment 150


Proposal for a regulation


Article 96 — paragraph 4 — subparagraph 1








Text proposed by the Commission




Amendment





4.   The Commission shall
, by means of implementing
 acts, adopt rules on the carrying out of checks in order to verify compliance with the obligations referred to in this Title.


4.   The Commission shall 
be empowered to adopt delegated
 acts
, in accordance with Article 111, laying down
 rules on the carrying out of checks in order to verify compliance with the obligations referred to in this Title.





Amendment 151


Proposal for a regulation


Article 96 — paragraph 4 — subparagraph 2








Text proposed by the Commission




Amendment







Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).






deleted







Amendment 152


Proposal for a regulation


Article 97 — paragraph 1 — subparagraph 1








Text proposed by the Commission




Amendment





1.   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 attributable to the beneficiary who submitted the aid application or the payment claim in the calendar year concerned.


1.   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 and unequivocally
 attributable to the beneficiary who submitted the aid application or the payment claim in the calendar year concerned.





Amendment 153


Proposal for a regulation


Article 97 — paragraph 3 — subparagraph 2








Text proposed by the Commission




Amendment







Where a Member State decides to make use of the option provided for in the first subparagraph, the competent authority shall, for a sample of beneficiaries, take in the following year the actions necessary to verify that the beneficiary has remedied the findings of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the beneficiary.






deleted







Amendment 154


Proposal for a regulation


Article 99








Text proposed by the Commission




Amendment





1.   The penalty provided for in Article 91 shall be applied by means of reduction or exclusion of the total amount of the payments listed in Article 92 granted or to be granted to that beneficiary related to the calendar year concerned or the years concerned.


1.   The penalty provided for in Article 91 shall be applied by means of reduction or exclusion of the total amount of the payments listed in Article 92 granted or to be granted to that beneficiary related to the calendar year concerned or the years concerned.




For the calculation of those reductions and exclusions account shall be taken of the severity, extent, permanence and reoccurrence of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4.


For the calculation of those reductions and exclusions 
proportionate
 account shall be taken of the 
nature,
 severity, extent, duration and reoccurrence of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4.




2.   In the case of non compliance due to negligence, the percentage of reduction shall not exceed 5 % and, in the case of repeated non-compliance, 15 %.


2.   In the case of non-compliance due to negligence, the percentage of reduction shall not exceed 5 % and, in the case of repeated non-compliance, 
shall not exceed
 15 %.




In duly justified cases Member States may decide that no reduction 
shall
 be applied where, given its severity, extent and duration, a case of non-compliance 
is to
 be considered 
as
 minor. However, cases of non-compliance which constitute a direct risk to public or animal health shall not be considered 
as
 minor. 
The finding and the obligation to take remedial action shall be notified to the beneficiary.




In duly justified cases Member States may decide that no reduction 
is to be
 applied where, given its severity, extent and duration, a case of non-compliance 
should
 be considered 
to be
 minor. However, cases of non-compliance which constitute a direct risk to public or animal health shall not be considered 
to be
 minor.




 




Furthermore, Member States may set up an early warning system applying to cases of first non-compliance that are not considered to be severe. Where a Member State decides to make use of this option, the competent authority shall send an initial warning to the beneficiary, notifying it of the finding and of the obligation to take remedial action. The impact of such system shall be limited to holding the beneficiary responsible for the non-compliance. The warning shall be followed by appropriate checks within the following year to verify whether the non-compliance has been remedied. If it has been remedied, no reduction shall be applied. If it has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively. However, cases of non-compliance which constitute a direct risk to public or animal health shall always be considered to be severe.






3.   In the case of 
intentional
 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.


3.   In the case of 
severe
 non-compliance 
resulting from gross negligence
, 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.




4.   In any case, the total amount of reductions and exclusions for one calendar year shall not be more than the total amount referred to in the first subparagraph of paragraph 1.


4.   In any case, the total amount of reductions and exclusions for one calendar year shall not be more than the total amount referred to in the first subparagraph of paragraph 1.





Amendment 155


Proposal for a regulation


Article 101








Text proposed by the Commission




Amendment





1.   In order to ensure a correct distribution of the funds to the entitled beneficiaries, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 to establish a harmonised basis for calculation of penalties due to cross compliance, taking into account reductions due to financial discipline.


1.   In order to ensure a correct distribution of the funds to the entitled beneficiaries, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 to establish a harmonised basis for calculation of penalties due to cross compliance, taking into account reductions due to financial discipline.




2.   In order to ensure that cross compliance is carried out in an efficient, coherent and non discriminatory way, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 concerning the calculation and application of penalties.


2.   In order to ensure that cross compliance is carried out in an efficient, 
risk-based and proportionate,
 coherent and non discriminatory way, the Commission shall be empowered to adopt delegated acts, in accordance with Article 111, concerning the calculation and application of penalties. 
Those delegated acts shall in particular contain rules for cases where administrative penalties are not to be imposed for non-compliance due to technical failure of the systems for identification and registration of animals, referred to in Annex II, SMR 7 and SMR 8, which does not result from an act or omission directly attributable to the beneficiary concerned.







Amendment 156


Proposal for a regulation


Article 102 — paragraph 1 — subparagraph 1 — point c — point v








Text proposed by the Commission




Amendment











(v)




a
 summary of the results of all available audits and checks carried out in accordance with the schedule and detailed provisions laid down in the sector specific rules.












(v)




an annual
 summary
, together with the EAGF and EAFRD expenditure account,
 of the results of all available audits and checks carried out in accordance with the schedule and detailed provisions laid down in the sector specific rules.









Amendment 157


Proposal for a regulation


Article 102 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




(3a)
   
Where, in order to fulfil their obligations under this Article, Member States are required to carry out statistical analyses, the Commission shall furnish them with all necessary information in good time.







Amendment 158


Proposal for a regulation


Article 106 — paragraph 3








Text proposed by the Commission




Amendment





3.   Where a direct payment as provided for in Regulation (EU) No DP/xxx is made to a beneficiary in a currency other than the euro, Member States shall convert the amount of aid expressed in euro into the national currency on the basis of the 
most recent
 exchange rate set by the European Central Bank prior to 1 October of the year for which the aid is granted.


3.   Where a direct payment as provided for in Regulation (EU) No DP/xxx is made to a beneficiary in a currency other than the euro, Member States shall convert the amount of aid expressed in euro into the national currency on the basis of the 
last monthly average
 exchange rate set by the European central bank prior to 1 October of the year for which aid is granted.





Amendment 159


Proposal for a regulation


Article 107 — paragraph 1 — subparagraph 1








Text proposed by the Commission




Amendment





1.   The Commission 
may, by means of implementing acts,
 adopt measures 
in order
 to safeguard the application of Union legislation if exceptional monetary practices related to national currency are likely to jeopardise it. Those measures may, where necessary, derogate from the existing rules.


1.   The Commission 
shall be empowered to
 adopt 
delegated acts, in accordance with Article 111, concerning
 measures to safeguard the application of Union legislation if exceptional monetary practices related to national currency are likely to jeopardise it. Those measures may, where necessary, derogate from the existing rules.





Amendment 160


Proposal for a regulation


Article 110








Text proposed by the Commission




Amendment





1.   A common monitoring and evaluation framework shall be established with a view to measuring the performance of the common agricultural policy. 
It shall include all instruments related to the monitoring and evaluation of common agricultural policy measures
 and in particular of the direct payments provided for in Regulation (EU) No DP/xxx, the market measures provided for in Regulation (EU) No CMO/xxx, the rural development measures provided for in Regulation (EU) No RD/xxx and of the application of the cross compliance provided for in this Regulation.


1.   A common monitoring and evaluation framework shall be established with a view to measuring the performance of the common agricultural policy, and in particular of:




 










(a)




the direct payments provided for in Regulation (EU) No …/2013[DP],








 










(b)




the market measures provided for in Regulation (EU) No …/2013[sCMO],








 










(c)




the rural development measures provided for in Regulation (EU) No …/2013[RD] and of,








 










(d)




the application of the cross compliance provided for in this Regulation.










In order to ensure an effective performance measurement the
 Commission shall 
be empowered to adopt delegated acts in accordance with Article 111 regarding the content and construction of that framework.






The
 Commission shall 
monitor those policy measures on the basis of reporting by Member States in accordance with the rules laid down in this Regulation. The Commission shall establish a multi-annual evaluation plan with periodic evaluations of specific instruments which it will carry out.






2.   The impact of the common agricultural policy measures referred to in paragraph 1 shall be measured in relation to the following objectives:


2.   The impact of the common agricultural policy measures referred to in paragraph 1 shall be measured in relation to the following objectives:










(a)


viable food production, with a focus on agricultural income, agricultural productivity and price stability;












(a)


viable food production, with a focus on 
input prices
, agricultural income, agricultural productivity and price stability;














(b)


sustainable management of natural resources and climate action, with a focus on greenhouse gas emissions, biodiversity, soil and water;












(b)


sustainable management of natural resources and climate action, with a focus on greenhouse gas emissions, biodiversity, soil and water;














(c)


balanced territorial development, with a focus on rural employment, growth and poverty in rural areas.












(c)


balanced territorial development, with a focus on rural employment, growth and poverty in rural areas.










The
 Commission shall 
define, by means of implementing acts, the set of indicators specific to the objectives referred to in the first subparagraph. Those implementing acts shall be adopted
 in accordance with 
the examination procedure referred to in Article 112(3).






In order to ensure the efficient application of this paragraph the
 Commission shall 
be empowered to adopt delegated acts,
 in accordance with Article 
111, regarding the content and construction of the monitoring and evaluation framework, including the set of indicators and the methods for their calculation.






3.   Member States shall provide the Commission with all the information necessary to permit the monitoring and evaluation of the measures concerned. The Commission shall take into account the data needs and synergies between potential data sources, in particular their use for statistical purposes when appropriate.


3.   Member States shall provide the Commission with all the information necessary to permit the monitoring and evaluation of the measures concerned. 
As far as possible, such information shall be based on established sources of data, such as the Farm Accountancy Data Network and Eurostat.
 The Commission shall take into account the data needs and synergies between potential data sources, in particular their use for statistical purposes when appropriate.




The Commission shall adopt, by means of implementing acts, rules on the information to be sent by the Member States, 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).


The Commission shall adopt, implementing acts laying down rules on the information to be sent by the Member States, 
without imposing an undue administrative burden on them,
 as well as 
rules
 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).




4.   The Commission shall present a report on the implementation of this Article to the European Parliament and the Council every four years. The first report shall be presented not later than 31 December 2017.


4.   The Commission shall present a report on the implementation of this Article to the European Parliament and the Council every four years. The first report shall be presented not later than 31 December 2017.





Amendment 200


Proposal for a regulation


Article 110 a (new)








Text proposed by the Commission




Amendment





Article 110a


Article 110a




Publication of beneficiaries




Ex post
 publication of 
the
 beneficiaries 
of the EAGF and the EAFRD








1.
   Member States shall ensure annual ex post publication of the beneficiaries of the EAGF and the EAFRD. 
The publication shall contain:




Member States shall ensure annual ex post publication of the beneficiaries of the EAGF and the EAFRD. 
In doing so, they shall apply, mutatis mutandis, Article 21 of Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union.














(a)






without prejudice to the first paragraph of Article 110b of this Regulation, the name of the beneficiaries, as follows:








 










 










(i)






the first name and the surname where the beneficiaries are natural persons;












 










 










(ii)






the full legal name as registered where the beneficiaries are legal persons with the autonomous legal personality pursuant to the legislation of the Member State concerned;












 










 










(iii)






the full name of the association as registered or otherwise officially recognised where the beneficiaries are associations without an own legal personality;












 












(b)






the municipality where the beneficiary resides or is registered and, where available, the postal code or the part thereof identifying the municipality;








 












(c)






the amounts of payment corresponding to each measure financed by the EAGF and the EAFRD received by each beneficiary in the financial year concerned;








 












(d)






the nature and the description of the measures financed by the EAGF or the EAFRD and under which the payment referred to in point (c) is awarded.








 






The information referred to in the first subparagraph shall be made available on a single website per Member State. It shall remain available for two years from the date of the initial publication.




 






2.
   
As regards the payments corresponding to the measures financed by the EAFRD as referred to in point (c) of the first subparagraph of paragraph 1, the amounts to be published shall correspond to the total public funding, including both the Union and the national contribution.




 





Amendment 162


Proposal for a regulation


Article 110b








Text proposed by the Commission




Amendment







Article 110b






deleted








Threshold




 






Where the amount of aid received in one year by a beneficiary is equal or less than the amount fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx that Member State shall not publish the name of that beneficiary as provided for in point (a) of the first subparagraph of Article 110a(1) of this Regulation.




 






The amounts fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx and notified to the Commission under that Regulation shall be made public by the Commission in accordance with the rules adopted under Article 110d.




 






Where the first paragraph of this Article applies the Member States shall publish the information referred to in points (b), (c) and (d) of the first subparagraph of Article 110a(1) and the beneficiary shall be identified by a code. Member States shall decide on the form of that code.




 





Amendment 165


Proposal for a regulation


Article 111 — paragraph 2








Text proposed by the Commission




Amendment





2.   The 
delegation of
 power referred to in 
this Regulation
 shall be conferred on the Commission for 
an indeterminate period of time from the entry into force of this Regulation.




2.   The power 
to adopt delegated acts
 referred to in 
Articles …
 shall be conferred on the Commission for 
a period of five years from …

 (1)

.







Amendment 166


Proposal for a regulation


Article 111 — paragraph 2 — subparagraph 1a (new)








Text proposed by the Commission




Amendment





 




The Commission shall, not later than nine months before the expiry of a period of five years, submit a report on the delegated powers. The delegation of power shall be extended by the same period if the European Parliament and the Council agree to this extension not later than three months before the end of each period. To this end, the European Parliament shall decide by a majority of its members and the Council by a qualified majority.







Amendment 167


Proposal for a regulation


Annex 1 — paragraph 1 — subparagraph 1 — indent 1 a (new)








Text proposed by the Commission




Amendment





 








—




Information helping farmers to plan how best to invest in ‘climate-proofing’ their farm systems, and which Union funds they can use to do so; specifically, information on adapting farmland to climatic fluctuations and longer term changes and information on how to adopt practical agronomic measures to increase the resilience of farming systems to floods and droughts and to improve and optimise soil carbon levels.











Amendment 168


Proposal for a regulation


Annex 1 — paragraph 1 — subparagraph 2 — indent 7 a (new)








Text proposed by the Commission




Amendment





 








—




Information on the positive correlation between biodiversity and agro-ecosystem resilience, and the spreading of risk, and also the link between monocultures and susceptibility to crop failure/damage from pests and extreme climatic events











Amendment 169


Proposal for a regulation


Annex 1 — paragraph 1 — subparagraph 2 — indent 8 a (new)








Text proposed by the Commission




Amendment





 








—




Information on how to best prevent the spread of alien invasive species and why this is important for the effective functioning of the ecosystem and for its resilience against climate change, including information on access to funding for eradication schemes where additional costs are implied











Amendment 170


Proposal for a regulation


Annex 1 — paragraph 1 — subparagraph 3 — indent 5 b (new)








Text proposed by the Commission




Amendment





 








—




Information on sustainable, low volume irrigation systems and on how to optimise rain-fed systems, in order to promote efficient water use.











Amendment 171


Proposal for a regulation


Annex 1 — paragraph 1 — subparagraph 3 — indent 5 c (new)








Text proposed by the Commission




Amendment





 








—




Information on reducing water use in agriculture, including crop choice, on improving soil humus to increase water retention and on decreasing the need to irrigate.











Amendment 172


Proposal for a regulation


Annex 1 — paragraph 1 — subparagraph 5 — indent 1








Text proposed by the Commission




Amendment











—


Information on 
actions targeted towards innovation
.












—


Information on 
the objectives of the European Innovation Partnerships for Agricultural productivity and sustainability as stated on Article 61 of Regulation (EU) No …/2013 [RD]
.









Amendment 173


Proposal for a regulation


Annex 1 — paragraph 1 — subparagraph 5 — indent 1 a (new)








Text proposed by the Commission




Amendment





 








—




Information on the existing operational groups created under article 62 of Regulation (EU) No …/2013 [RD] including their tasks and foster exchange and cooperation with them when appropriate.











Amendment 174


Proposal for a regulation


Annex 1 — paragraph 1 — subparagraph 5 — indent 3 a (new)








Text proposed by the Commission




Amendment





 








—




Information on Rural Development Programmes oriented to the fulfilment of the priorities of knowledge transfer and innovation in agriculture as referred to in Article 5 (1) of Regulation (EU) No …/2013 [RD].











Amendment 175


Proposal for a regulation


Annex 1 — paragraph 1 — subparagraph 5 a (new)








Text proposed by the Commission




Amendment





 




Exchange of best practice, training and capacity building (horizontal to all themes mentioned above)







Amendment 176


Proposal for a regulation


Annex II — Main Issue ‘Water’ — SMR1 — last column








Text proposed by the Commission




Amendment







Articles 4 and 5






Compliance with the action programme and with the code of good practice for farms in vulnerable areas







Amendment 180


Proposal for a regulation


Annex II — Main issue ‘Soil and carbon stock’ — GAEC 6








Text proposed by the Commission




Amendment





Maintenance of soil organic matter level including ban on burning arable stubble


Maintenance of soil organic matter level 
through appropriate practices
 including ban on burning arable stubble
, except for plant health reasons or for pruning residue
.





Amendment 181


Proposal for a regulation


Annex II — Main Issue ‘Soil and carbon stock’ — GAEC 7








Text proposed by the Commission




Amendment







Protection of wetland and carbon rich soils including a ban of first ploughing






deleted







Amendment 184


Proposal for a regulation


Annexe II — Main Issue ‘Landscape, minimum level of maintenance’ — GAEC 8








Text proposed by the Commission




Amendment





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




Retention of landscape features, including where appropriate, 
semi-natural habitats,
 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.





Amendment 192


Proposal for a regulation


Annex II — Main Issue ‘Action on antimicrobial resistance (AMR)’ (new)








Text proposed by the Commission




Amendment





 




Action on antimicrobial resistance (AMR)







Amendment 193


Proposal for a regulation


Annex II — Main Issue ‘Action on antimicrobial resistance (AMR)’ (new) — GAEC 8c (new)








Text proposed by the Commission




Amendment





 




Commission Action plan against the rising threats from Antimicrobial Resistance, (COM(2011) 748, 15.11.2011). For food producing animals: Good Farming Practices to avoid infections including density limits, documentation of treatments including prophylaxis, no use of critically important antimicrobials







Amendment 194


Proposal for a regulation


Annex II — Main Issue ‘Plant protection products’ — SMR 10 — last column








Text proposed by the Commission




Amendment







Article 55, first and second sentence






Correct application of plant protection products; use of authorised products only, in the recommended quantities and in line with the indications on the label. Keeping a record of the name of the product used, its formulation, the date on which it was applied to the parcel of land concerned, the person applying it and the level of that person’s qualifications, the amount applied and the method of application








(1)  
Date of entry into force of this Regulation.