1

Insights on cross-border ex ante controls – Polish experiences

27th Conference of Directors of EU Paying Agencies

Oviedo, 28-30 April 2010

2

Polish proposals on ex-ante controls (Prague, 2009)

Unification of provisions concerning cooperation and mutual assistance in terms of ex ante controls

Harmonisation of the scope of ex ante controls carried out for the benefit of other PA within the framework of various schemes

List of institutions responsible in Member States for performing controls in particular CAP schemes

E-platform for exchange of information on controls including problems with mutual assistance

Questionnaire results

4

State of play

Analysis conducted in ARR for the years 2004-2009,

March 2009

Questionnaire at the level

of other paying agencies

Summary of the Conference

during the SCA meeting

on 11 May 2009

2952 meeting of the Council of the European Union

AOB

22-23 June 2009

DG AGRI Simplification Experts Group

9 June 2009

Presentation of the results on

25th Conference of Directors of EU Paying Agencies

(Prague, 22 - 24 April 2009)

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Aspects of CAP schemes for cross- border checks (1)

Processing the agricultural crop into another particular product (i.e. monitoring of the use of energy crops, industrial sugar processing, production refund for flax and hemp grown for fiber )

Procedure of confirming T5 control copies (monitoring of the use of energy crops)

10

Aspects of CAP schemes for cross-border checks (2)

Distribution chain between

different Member States/ intra-

community movements of goods

(distribution of food among the most

deprived persons in the Community,

private storage aid, intervention buy-in

and sale, production refund for dried

fodder, milk production quotas, export

refunds)

Necessity of conducting a cross-check (most schemes)

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Basis for cooperation

Community provisions in place require the cooperation between EU paying agencies.

However of general nature insufficient to provide for powers to checks of operators unrelated to CAP payments (cross-checks)

Absence of relevant Community provisions on cross-border cooperation on ex-ante controls cause administrative difficulties in performing the controls.

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Provisions on cooperation

If Community provisions concerning international cooperation exist, the responsibility for cross border ex-ante controls must be clearly assigned to specific national bodies specified in national legislation - clear division of competence.

Absence of specific Community provisions results

in individual requests to paying agencies or other

national bodies.

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Necessity of forwarding the request to other services (often)

Inability to provide an administrative assistance

(in the worst cases)

Identifying the competent service

Difficulties in control at operators premises

(refusal of entry)

Absence of provisions - Consequences for requested Member State

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Absence of provisions – consequences for requesting Member State

Risk of late payment

Long delay

Risk of irregularities

Risk of non-payment (in the worst cases)Risk of non-payment (in the worst cases)

Burden for ex-post checks

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Possible improvement

HORIZONTAL APPROACH introduction of a general provision imposing on paying

agencies the requirement to provide mutual administrative assistance for other paying agencies (e.g Commission Regulation No 885/2006) – including the power for paying agencies to delegate competence to check transactions at operators (non-beneficiaries)

or

VERTICAL APPROACH Introduction of relevant provisions imposing the

requirement to provide administrative assistance to the implementing rules of particular sector regulations

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Follow up?

What is the statement of the European Commission on the issue?

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Thank you for your attention

Marcin Wardal

Chief Specialist - Autonomous Post (ARR)