CONCLUSIONS OF WORKSHOP 2

RURAL DEVELOPMENT SIMPLIFICATION

(INVESTMENT MEASURES)

LUÍS BARREIROS PRESIDENT OF THE BOARD OF DIRECTORS, PORTUGAL

8 MAY, 2015

The cases considered to be artificially created conditions

•Setting up a new business or splitting an existing business

•The information mentioned in the application does not reflect the real situation, conscious errors, artificially generated income from a business or farm, distortions in financial information

•An independent economic activity is not provided – one infrastructure, same owners and common economic activity in one place

Proposals:•Review and update the Guidance Document on Control and Penalty rules in Rural Development with the examples of cases the artificially created conditions

•Create a common website for Paying Agencies with access to view the individual cases of artificially created conditions founded by each Paying Agency (for example, cases of artificially created conditions in new section of Learning Network)

The artificially created conditions (Article 60 of Regulation (EU) No 1306/2013)

2

”Shall cover ALL the eligibility criteria, commitments and other obligations relating to the conditions for the granting of support, which can be checked at the time of the visit”

Check of all is time consuming and expensive

From 4 eyes principle becomes to 6 - 8 eyes principle

On-the-spot checks (Article 51 of Regulation (EU) No 809/2014)

3

Proposal:Update the Guidance Document on Control and Penalty rules in Rural Development that OTSC shall not verify the same criteria, documents etc. that have been verified during administrative controls

• 7 Member States do not have a price catalog• Method of comparison of different offers to be used by all

Member States• Method of simplified costs could be used by most part of

Member States

Proposals:• The common training for introduction of simplified costs• Provide with the methodology or samples of cases for

calculation to determine the objective reasonableness of the costs

• Indicate the minimum threshold (ex. EUR 3000???) by which verification of the reasonableness of the costs is not required

Forms of grants(Article 67 of Regulation (EU) No 1303/2013)

4

In Section 4.3.2 of the Guidance Document on Control and Penalty rules in Rural Development is provided that:

In cases where the simplified cost approach could not be used and the aid application concern a significant number of invoices, it should be possible to limit the check to a selection of invoices at the administrative controls. This is meant to avoid a review of every single invoice or proof of payment

For administrative checks (Art 48 of Regulation (EU) No 809/2014)

5

Proposal:Review and update the Guidance Document on Control and Penalty rules in Rural Development with the examples of cases where the Article 63 sanction shall not be applied

The Article 63 sanction– not be applied(Article 63 Regulation (EU) No 809/2014)

6

From the point of view of beneficiary

From the point of view of PA

• Force majeure cases, including natural disasters, deaths or illness

• Faults of decisions of other authorities/ institutions/ organizations partners

• Obvious errors, arithmetic errors

• Court 

• Force majeure cases, including natural disasters, deaths

• Faults of PA, obvious errors 

Harmonization of the definition of young farmers between pillars I and II

7

Proposal:Harmonize age limit for young farmers between both pillars

• Review and update the Guidance on RD Control and penalties with important proposals for simplification (non IACS measures), on OTSC only documents, criteria and other obligation that have not been checked during administrative controls;

• Update the Guidance Document on Control and Penalty rules in Rural Development with the examples of cases the artificially created conditions

Issues to be included in Presidency Summary on the simplification for

the Council of Ministers

8

THANK YOU FOR ATTENTION!

9