57 Amendments of Jens GIESEKE related to 2018/0216(COD)
Amendment 243 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) 'farmer' means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members by national law, whose holding is situated within the territorial scope of the Treaties, as defined in Article 52 of the Treaty on European Union (TEU) in conjunction with Articles 349 and 355 of the Treaty on the Functioning of the European Union (TFEU), and who exercises an agricultural activity in line with best practices as defined by Member States;
Amendment 259 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide in their CAP Strategic Plan the definitions of agricultural activity, agricultural area, eligible hectare, genuine farmer and young farmer: to be used in their requirements for an EU list in relation to CAP alignment: The Commission shall detail the specifics of this list for all Member States in line with best practices and exchange of experiences upon this Regulation’s entry into force.
Amendment 266 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – introductory part
Article 4 – paragraph 1 – point b – introductory part
(b) 'agricultural area' shall be defined in a way that it is composed of arable land, permanent crops and permanent grassland. Landscape features and/or mobile and stationary technical equipment, which are absolutely necessary for proper agricultural management, may hereby be included as components of the agricultural area. The terms 'arable land', 'permanent crops' and 'permanent grassland' shall be further specified by Member States within the following framework:
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
Article 4 – paragraph 1 – point b – point i
(i) 'arable land' shall be land cultivated for crop production or areas available for crop production but lying fallow, and include areas set aside in accordance with Articles 22, 23 and 24 of Council Regulation (EC) No 1257/199928 , with Article 39 of Council Regulation (EC) No 1698/200529 , with Article 28 of Regulation (EU) No 1305/2013 or with Article 65 of this Regulation, including areas set aside as part of conditionality, areas set aside as part of measures by Member States, an obligation to convert arable land into grassland as part of measures by the EU or Member States, and all other fallow land or areas set aside which were used for crop production before being fallow or set aside, provided that Member States make provisions for this; __________________ 28 Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ L 160, 26.6.1999, p. 80). 29 Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1).
Amendment 284 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point iii
Article 4 – paragraph 1 – point b – point iii
(iii) '‘permanent grassland and permanent pasture'’ (together referred to as '‘permanent grassland'’) shall be land not included in the crop rotation of the holding for five years or more, used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown). It may include other species such as shrubs and/or trees which can be grazed or produce animal feThe farmer shall still be able to convert individual areas of land, but under the condition that the farmer allocates the necessary replacement land or land to be exchanged;
Amendment 290 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – introductory part
Article 4 – paragraph 1 – point c – introductory part
(c) for the purpose of types of interventions in the form of direct payments, 'eligible hectare' shall be defined in a way that it includes any agricultural area of the holding, including essential mobile and stationary technical equipment, particularly routes for agricultural vehicles, water troughs and by-products of harvesting such as silage bales or manure heaps:
Amendment 293 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – point i
Article 4 – paragraph 1 – point c – point i
(i) that, during the year for which support is requested, is used for an agricultural activity which also includes the temporary storage of harvesting by- products (silage bales) and manure heaps, which are a product of this land, for up to six months, or, where the area is also used for non-agricultural activities, is predominantly used for agricultural activities, and which is at the farmer's disposal. Where duly justified for environmental reasons, eligible hectares may also include certain areas used for agricultural activities only every second year.
Amendment 296 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii – paragraph 1 – indent 3 a (new)
Article 4 – paragraph 1 – point c – point ii – paragraph 1 – indent 3 a (new)
– as part of environmental programmes, was rewetted and was used to grow crops through paludiculture.
Amendment 317 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Furthermore, a tolerance limit shall be set for reciprocal overuse, whether caused by fruit cultivation and/or several cultivators, within a topographical block designated as eligible hectares at 5% of the total block area, which must not exceed 0.5 ha. Overuse under this limit shall neither be sanctioned nor pursued.
Amendment 318 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. ‘eligible hectare’ shall be applicable for areas larger than 0.2 ha and shall be described by Member States in the format X.xx.
Amendment 453 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States shall take agri- environment-climate commitments from the EU list prepared by the Commission. The established EU list for agri- environment-climate commitments should take into consideration the differences in climate and geography across Member States and should be applied across the entire territory to take advantage of the country-specific environmental and climate benefits. The Member States shall grant payments for environmental and climate performance achieved.
Amendment 468 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall include in their CAP Strategic Plans a system of conditionality, under which an administrative penalty shall be imposed on beneficiaries receiving direct payments under Chapter II of this Title or the annual premia under Articles 65, 66 and 67 who do not comply with basic agricultural productivity, the statutory management requirements under Union law and the standards for good agricultural and environmental condition of land established in the CAP Strategic Plan, as listed in Annex III, relating to the following specific areas:
Amendment 475 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) basic agricultural productivity, the climate and the environment;
Amendment 481 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. In order to simplify administration, minimum limits and/or tolerance levels shall be set for the respective areas/requirements of conditionality, which shall neither lead to reductions in payments nor sanctions.
Amendment 568 #
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
Amendment 577 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Member States shallmay reduce the amount of direct payments to be granted to a farmer pursuant to this Chapter for a given calendar year exceeding EUR 60 000 as follows:
Amendment 629 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Member States are obligated to adopt at least one measure according to letters (a), (b) and (c) of Article 15(1) or Article 15(1)(d) or according to Article 26 of this Regulation.
Amendment 668 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States may grant payments to small farmers as defined by Member Sintroduce a simplified scheme for small farmers requesting support of up to EUR 1 250 for a maximum area of 10 hectatres by way of a round sum. This scheme may consist of a flat-rate payment, replacing direct payments under this Section and Section 3 of this Chapter. Member States shall design the corresponding intervention in the CAP Strategic Plan as optional for the farmers, or a per-hectare payment, which may be different for different territories, defined in accordance with Article 18(2); Member States shall state in the CAP Strategic Plan that the corresponding intervention is voluntary for the farmers. The total surface area for flat-rate payments to small farmers should not exceed 15 % of a Member State’s total surface area.
Amendment 671 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shallmay provide for a complementary redistributive income support for sustainability ('redistributive income support') under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Amendment 694 #
Proposal for a regulation
Title 3 – chapter 2 – section 2 – subsection 4
Title 3 – chapter 2 – section 2 – subsection 4
SCHEMES FOR THE CLIMATE AND Schemes for the climate and the environment 1. support for voluntary schemes for the climate and the environment ('eco- schemes') under the conditions set out in this Article and as further specified in their CAPUBSECTION 4 deleted THE ENVIRONMENT Article 28 Member Strategic Plans. 2. this type of intervention genuine farmers who make commitments to observe, on eligible hectares, agricultural practices beneficial for the climate and the environment. 3. list of agricultural practices beneficial for the climate and the environment. 4. to meet one or more of the specific environmental- and climate-related objectives laid down in points (d), (e) and (f) of Article 6(1). 5. Under ths shall provide Member States shall support under Member States shall establish type of interventions, Member States shall only provide payments covering commitments which: (a) go beyond the relevant statutory management requirements and standards of good agricultural and environmental condition established under Section 2 of Chapter I of this Title; (b) requirements for the use of fertiliser and plant protection products, animal welfare, as well as other mandatory requirements established by national and Union law; (c) established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1); (d) are different from commitments in respect of whhe Those practices shall be designed go beyond the minimum go beyond the conditions Support for eco-schemes shall take payments additional to the basich payments are granted under Article 65. 6. the form of an annual payment per eligible hectare and it shall be granted as either: (a) income support as set out in Subsection 2 of this Section; or (b) beneficiaries for all or part of the additional costs incurred and income foregone as a result of tcompensating Member States shall ensure that The cCommitments as set pursuant to Article 65. 7. interventions under this Article are consistent with those granted under Article 65. 8. adopt delegated acts in accordance with Article 138 supplementing this Regulation with further rules on the eco-schemes.ssion is empowered to
Amendment 799 #
Proposal for a regulation
Article 28 – paragraph 6 – point b
Article 28 – paragraph 6 – point b
(b) payments compensating beneficiaries with an incentive component for all or part of the additional costs incurred and income foregone as a result of the commitments as set pursuant to Article 65.
Amendment 1040 #
Proposal for a regulation
Article 64 – paragraph 1 – point a
Article 64 – paragraph 1 – point a
(a) environmental, climateschemes for agriculture, the climate, the environment, and other management commitments;
Amendment 1048 #
Proposal for a regulation
Article 65 – title
Article 65 – title
Amendment 1053 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. Member States may grant payments for environmental, climateschemes for agriculture, the climate, the environment, and other management commitmentobligations under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Amendment 1095 #
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. Member States shall compensate beneficiaries for costs incurred and income foregone resulting from the commitments made. Where necessary, they may also cover transaction costs and grant an incentive component. The payments and the incentive component may be staggered pursuant to objective criteria. In duly justified cases, Member States may grant support as a flat-rate or as a one- off payment per unit. Payments shall be granted annually.
Amendment 1119 #
Proposal for a regulation
Article 65 a (new)
Article 65 a (new)
Article 65a Member States shall support under this type of intervention farmers who make commitments to observe, on eligible hectares, agricultural practices beneficial for the climate and the environment. Member States shall choose agricultural practices beneficial for the climate and the environment from a list supplied by the Commission. The established EU list for agri- environment-climate commitments should take into consideration the differences in climate and geography across Member States and should be applied across the entire territory to take advantage of the country-specific environmental and climate benefits. The Member States shall grant payments for environmental and climate performance achieved in accordance with Article 64(a). The means of achieving environmental and climate performance as per this Article must be up to 100% financed by the EU;
Amendment 1349 #
Proposal for a regulation
Article 91 – paragraph 1
Article 91 – paragraph 1
Member States shall establish CAP Strategic Plans in accordance with this Regulation and Article 4 of this Regulation in particular to implement the Union support financed by the EAGF and the EAFRD for the achievement of the specific objectives set out to in Article 6.
Amendment 1350 #
Proposal for a regulation
Article 91 – paragraph 1 a (new)
Article 91 – paragraph 1 a (new)
Member States shall deliver their individual intervention strategies as set out in point (b) of Article 95(1) and Article 97 of this Regulation to the Commission, and the Commission shall convert these intervention strategies into an EU document.
Amendment 1353 #
Proposal for a regulation
Article 91 – paragraph 4
Article 91 – paragraph 4
Each CAP Strategic Plan shall cover the period from 1 January 2021 to 31 December 2027take effect two years after this reform enters into force.
Amendment 1354 #
Proposal for a regulation
Article 91 – paragraph 4 a (new)
Article 91 – paragraph 4 a (new)
The Commission shall ensure that the intervention strategies compiled by the Member States under Article 95 b of this Regulation are given consideration in the EU document.
Amendment 1355 #
Proposal for a regulation
Article 91 – paragraph 4 b (new)
Article 91 – paragraph 4 b (new)
The Commission shall ensure that the EU document is coherent, based on the intervention strategies proposed by the Member States in accordance with Article 95b to achieve the relevant goals of this Regulation.
Amendment 1493 #
Proposal for a regulation
Article 121 – paragraph 1
Article 121 – paragraph 1
1. By 15 February 2023 and 15 February30 June 2023, or delayed accordingly in the event of a delay to the Regulation coming into effect, and 30 June of each subsequent year until and including 2030, the Member States shall submit to the Commission an annual performance report on the implementation of the CAP Strategic Plan in the previous financial year. The report submitted in 2023 shall cover the financial years 2021 and 2022. For direct payments as referred to in Chapter II of Title III, the report shall cover only financial year 2022.
Amendment 1504 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. When pursuing the specific objectives Member States and the Commission shall ensure simplification and performance of the CAP support.
Amendment 1535 #
Proposal for a regulation
Article 140 – paragraph 1 – subparagraph 2 a (new)
Article 140 – paragraph 1 – subparagraph 2 a (new)
However, without prejudice to Annexes IX and IXa to this Regulation, Regulation (EU) No 1305/2013 shall continue to be applicable until 2023 to: (a) operations implemented within rural development programs approved by the Commission under this Regulation, and (b) rural development programmes approved in accordance with Article 10(2) of this Regulation before 1 January 2023.
Amendment 1591 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall include in their CAP Strategic Plans a system of conditionality, under which an administrative penalty shall be imposed on beneficiaries receiving direct payments under Chapter II of this Title or the annual premia under Articles 65, 66 and 67 who do not comply with the basic agricultural productivity standard, the statutory management requirements under Union law and the standards for good agricultural and environmental condition of land established in the CAP Strategic Plan, as listed in Annex III, relating to the following specific areas:
Amendment 1596 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) the basic agricultural productivity standard, the climate and the environment;
Amendment 1610 #
Proposal for a regulation
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. For purposes of administrative simplification, de minimis thresholds and/or tolerance thresholds shall be defined for the various fields/requirements of conditionality, which shall not result either in deductions or in penalties.
Amendment 1843 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Member States shallmay reduce the amount of direct payments to be granted to a farmer pursuant to this Chapter for a given calendar year exceeding EUR 60 000 as follows:
Amendment 2072 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where Member States having applied the basic payment scheme as laid down in Section 1 of Chapter I of Title III of Regulation (EU) No 1307/2013 decide not to grant the basic income support based on payment entitlements, the payment entitlements allocated under Regulation (EU) No 1307/2013 shall expire on 31 December 2020. Member States which have already completed the internal alignment of payment entitlements may decide to waive the payment entitlements earlier.
Amendment 2159 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States may grant payments to small farmers as defined by Member States by way of a roundintroduce a simplified scheme for small farmers requesting support of up to EUR 1 250 for an area of no more than 10 hectares. This arrangement may comprise a lump sum, replacing direct payments under this Section and Section 3 of this Chapter. Member States shall design the corresponding intervention in the CAP Strategic Plan as optional for the farmers or aid per hectare, which can be differentiated among territories according to Article 18(2); Member States shall indicate in the CAP Strategic Plan that the corresponding intervention is voluntary for farmers. The total area for lump-sum payments to small producers must not exceed 15% of the total area of a Member State.
Amendment 2189 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shallmay provide for a complementary redistributive income support for sustainability (‘redistributive income support’) under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Amendment 2450 #
Proposal for a regulation
Article 28 – paragraph 6 – point b
Article 28 – paragraph 6 – point b
(b) payments compensating beneficiaries with an incentive component for all or part of the additional costs incurred and income foregone as a result of the commitments as set pursuant to Article 65.
Amendment 2475 #
1. Member States may grant coupled income support to genuine farmers under the conditions set out in this Subsection and as further specified in their CAP Strategic Plans. If they decide to grant coupled income support, they must ensure that this does not result in distortions of competition in the Internal Market.
Amendment 2510 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Coupled income support may only be granted to the following sectors and productions or specific types of farming therein where these are important for economic, social or environmental reasons: ricereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silkworms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables, short rotation coppice and other non-food crops, excluding trees, used for the production of products that have the potential to substitute fossil materials.
Amendment 3259 #
Proposal for a regulation
Article 64 – paragraph 1 – point a
Article 64 – paragraph 1 – point a
(a) environmental, climateregulations for agriculture, the climate, the environment, and other management commitments;
Amendment 3301 #
Proposal for a regulation
Article 65 – title
Article 65 – title
Amendment 3369 #
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. Member States shall compensate beneficiaries for costs incurred and income foregone resulting from the commitments made. Where necessary, they may also cover transaction costs and include an incentive component. Payments, including any incentive component, may be scaled on the basis of objective criteria. In duly justified cases, Member States may grant support as a flat-rate or as a one- off payment per unit. Payments shall be granted annually.
Amendment 3672 #
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. Member States shall grant support for risk management tools in the sense of multi-risk insurance under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Amendment 4088 #
Proposal for a regulation
Article 86 – paragraph 5 – subparagraph 1
Article 86 – paragraph 5 – subparagraph 1
The indicative financial allocations for the coupled income support interventions referred to in Subsection 1 of Section 2 of Chapter II of Title III, shall be limited to a maximum of 105% of the amounts set out in Annex VII.
Amendment 4231 #
Proposal for a regulation
Article 91 – paragraph 4
Article 91 – paragraph 4
Each CAP Strategic Plan shall cover the period from 1 January 2021 to 31 December 2027take effect two years after the entry into force of this reform.
Amendment 4375 #
Proposal for a regulation
Article 99 – paragraph 1 – introductory part
Article 99 – paragraph 1 – introductory part
The description of each intervention specified in the strategy referred to in point (d) of Article 95(1) shall include (if funding is provided under LEADER (Article 71(1), the provisions of this article, if relevant, shall be incorporated into the local development strategies):
Amendment 4608 #
Proposal for a regulation
Article 111 – paragraph 1 – subparagraph 4
Article 111 – paragraph 1 – subparagraph 4
The Member State shall publish the rules of procedures of the Monitoring Committee and all the data and information shared with the Monitoring Committee onlineits opinions.
Amendment 4635 #
Proposal for a regulation
Article 111 – paragraph 4 – introductory part
Article 111 – paragraph 4 – introductory part
4. The Monitoring Committee shallcan give its opinion on:
Amendment 4735 #
Proposal for a regulation
Article 121 – paragraph 1
Article 121 – paragraph 1
1. By 15 February 2023 and 15 February30 June 2023, or later if the Regulation is delayed coming into force, and 30 June of each subsequent year until and including 2030, the Member States shall submit to the Commission an annual performance report on the implementation of the CAP Strategic Plan in the previous financial year. The report submitted in 2023 shall cover the financial years 2021 and 2022. For direct payments as referred to in Chapter II of Title III, the report shall cover only financial year 2022.
Amendment 4817 #
Proposal for a regulation
Article 123
Article 123
Amendment 4845 #
Proposal for a regulation
Article 124
Article 124
Attribution of the performance bonus 1. of the year 2026, the performance bonus withheld from a Member State’s allocation following the second paragraph of Article 123 shall be attributed to this Member State if the result indicators applied to the specific environmental- and climate-related objectives set out in points (d), (e) and (f) of Article 6(1) in its CAP Strategic Plan have achieved at least 90% of their target value for the year 2025. 2. months of the receipt of the annual performance report in the year 2026 adopt an implementing act without applying the Committee procedure referred to in Article 139 to decide for each Member State whether the respective CAP Strategic Plans have achieved the target values referred to in paragraph 1 of this Article. 3. Where the target values referred to in paragraph 1 are achieved, the amount of the performance bonus shall be granted by the Commission to the Member States concerned and considered to be definitely allocated to financial year 2027 on the basis of the decision referred to in paragraph 2. 4. in paragraph 1 are not achieved, the commitments for financial year 2027 relating to the amount of the performance bonus of the Member States concerned shall not be granted by the Commission. 5. bonus, the Commission may take into consideration cases of force majeure and serious socio-economic crises impeding the achievement of the relevant milestones. 6. implementing acts laying down the detailed arrangements to ensure a consistent approach for determining the attribution of the performance bonus to Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2).rticle 124 deleted Based on the performance review The Commission shall within two Where the target values referred to When attributing the performance The Commission shall adopt
Amendment 4924 #
Proposal for a regulation
Article 140 – paragraph 1 – subparagraph 2 a (new)
Article 140 – paragraph 1 – subparagraph 2 a (new)
However, without prejudice to Annexes IX and IXa to this Regulation, Regulation (EU) No 1305/2013 shall continue to apply, until 2023, to: (a) operations implemented within rural development programmes approved by the Commission under this Regulation, and (b) rural development programmes approved in accordance with Article 10(2) of this Regulation before 1 January 2023.