66 Amendments of Jan MULDER related to 2008/0103(CNS)
Amendment 8 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to achieve a better balance between policy tools designed to promote sustainable agriculture and those designed to promote rural development, a system of compulsory progressive reduction of direct payments (“modulation”) was introduced by Regulation (EC) No 1782/2003. This system should be maintained at the current rate of 5%, including the exemption of payments up to EUR 5000 from its application.
Amendment 9 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 10 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The cross-compliance system and the common agricultural policy (CAP) will probably require further adjustment in the future, as the level of payments currently does not always seem proportionate to the compliance efforts made by the farmers concerned, because payments still depend to a large extent on historic spending. In particular, animal welfare legislation is obviously most burdensome for livestock farmers, which is not reflected in the level of their payments. However, if imported products met the same animal welfare standards, then there would be no need to compensate farmers for their compliance with Community legislation in this field. The Commission should therefore strive for recognition of non-trade concerns as import criteria within the World Trade Organisation negotiations.
Amendment 11 #
Proposal for a regulation
Recital 32
Recital 32
(32) Member States should be allowed to use up to 105% of their ceilings for granting specific support in clearly defined cases. Such support should allow Member States to address environmental issues and improve the quality and marketing of agricultural products. Specific support should also be available to buffer the consequences of the phasing-out of milk quotas and the decoupling of support in particularly sensitive sectorby way of contributing to insurance and mutual funds. Given the growing importance of an effective management of risks Member States should be given the option to financially contribute to the premiums farmers pay for crop insurance as well as to the financing of financial compensation of certain economic losses in case of animal or plant diseases. With a view to respect the Community’s international obligations the resources that could be used for any coupled support measures should be limited at an appropriate level. The conditions applicable to the financial contributions to crop insurance and animal or plant disease related compensation should be established accordingly.
Amendment 12 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any amount of direct payments to be granted in a given calendar year to a farmer that exceeds EUR 5 000 shall be reduced forby 5% each year until 2012 by the following percentages: (a) 2009: 7% (b) 2010: 9% (c) 2011: 11% (d) 2012: 13%.
Amendment 13 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The remaining amount resulting from the application of Article 7(1) and the amounts resulting from the application of Article 7(2) shall be allocated to the Member State where the corresponding amounts have been generated, in accordance with the procedure referred to in Article 128(2). They shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005.
Amendment 14 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Any amount resulting from the application of Article 7(1) and (2) shall be allocated to the new Member State where the corresponding amounts have been generated in accordance with the procedure referred to in Article 128(2). They shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005
Amendment 15 #
Proposal for a regulation
Article 33
Article 33
Amendment 16 #
Proposal for a regulation
Title III – Chapter 5 – title
Title III – Chapter 5 – title
SPECIFIC SUPPORTUPPORT BY WAY OF INSURANCE AND MUTUAL FUNDS
Amendment 17 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. Member States may, for every calendar year, decide byefore 1 August 2009 at the latest to use from 2010of the preceding year to use up to 105% of their national ceilings referred to in Article 41 to grant support to farmers: (ad) for: (i) specific types of farming which are important for the protection or enhancement of the environment, (ii) for improving the quality of agricultural products, or (iii) for improving the marketing of agricultural products; (b) to address specific disadvantages affecting farmers in the dairy, beef, sheep and goatmeat and rice sectors in economically vulnerable or environmentally sensitive areas, (c) in areas subject to restructuring and/or development programs in order to avoid abandoning of land and/or in order to address specific disadvantages for farmers in those areasin the form of contributions to crop insurance premiums in accordance with the conditions set out in Article 69, (de) in the form of contributions to crop insurance premiums in accordance with the conditions set out in Article 69, (e) mutual funds for animal and plant diseases in accordance with the conditions set out in Article 70.
Amendment 18 #
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
Amendment 19 #
Proposal for a regulation
Article 68 – paragraph 3
Article 68 – paragraph 3
Amendment 20 #
Proposal for a regulation
Article 68 – paragraph 4
Article 68 – paragraph 4
Amendment 21 #
Proposal for a regulation
Article 68 – paragraph 5
Article 68 – paragraph 5
5. Support for measures referred to: (a) in paragraph 1(a) and (d) shall take the form of annual additional payments, (b) in paragraph 1(b) shall take the form of annual additional payments such us headage payments or grassland premia, (c) in paragraph 1(c) shall take the form of an increase of the unit value and/or the number of the farmer's payment entitlements, (d) in paragraph 1(e) shall take the form of compensation payments as specified in Article 70.
Amendment 22 #
Proposal for a regulation
Article 68 – paragraph 6
Article 68 – paragraph 6
Amendment 23 #
Proposal for a regulation
Article 132 a (new)
Article 132 a (new)
Article 132a Study on costs of compliance The Commission shall execute a study assessing the actual costs for farmers which result from complying with EU legislation in the fields of environment, animal welfare and food safety which provides for standards going beyond those to which import products are subject. Such legislation includes, inter alia, the regulations and directives listed in Annex II which underpin the cross-compliance system, as well as the standards defined as good agricultural and environmental condition (GAEC) in Annex III which are also part of the cross-compliance requirements. The study shall assess the compliance costs as described above in all Member States, which might vary between Member States and even their respective regions according to differences in climatic, geological, economic, social and production features.
Amendment 144 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Continuous efforts should be made towards achieving simplification, improvement and harmonisation of the cross-compliance system. The Commission should therefore present a report on the application of the cross- compliance system every two years.
Amendment 145 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) Reduced administrative burdens, harmonised checks, amalgamation of checks, including within the European institutions, and timely payments would increase the overall support among farmers for the cross-compliance system and thus increase the effectiveness of the policy.
Amendment 146 #
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
Amendment 147 #
Proposal for a regulation
Recital 2 d (new)
Recital 2 d (new)
(2d) Member States should ensure that farmers are not penalised twice (i.e. through the reduction or withholding of payments, as well as a fine following non- compliance with the relevant national legislation) for the same case of non- compliance.
Amendment 156 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to achieve a better balance between policy tools designed to promote sustainable agriculture and those designed to promote rural development, a system of compulsory progressive reduction of direct payments (“modulation”) was introduced by Regulation (EC) No 1782/2003. This system should be maintained at the current rate of 5 %, including the exemption of payments up to EUR 5000 from its application.
Amendment 192 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 206 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The cross-compliance system and/or the CAP is likely to require further adjustment in the future, as current payment levels do not always seem to be proportionate with the compliance efforts made by the farmers concerned, since payments still depend to a large extent on historic spending. Animal welfare legislation is obviously particularly burdensome for livestock farmers, something which is not reflected in the level of their payments. However, if imported products were to meet the same animal welfare standards, then there would be no need to compensate farmers for their compliance with Community legislation in this area. The Commission should therefore strive for recognition of the non-trade concerns as import criteria within the World Trade Organisation negotiations.
Amendment 216 #
Proposal for a regulation
Recital 32
Recital 32
(32) Member States should be allowed to use up to 105% of their ceilings for granting specific support in clearly defined cases. Such support should allow Member States to address environmental issues and improve the quality and marketing of agriculfor insurance and mutural products. Specific support should also be available to buffer the consequences of the phasing-out of milk quotas and the decoupling of support in particularly sensitive sectorfunds. Given the growing importance of an effective management of risks Member States should be given the option to financially contribute to the premiums farmers pay for crop insurance as well as to the financing of financial compensation of certain direct economic losses in case of animal or plant 1 Texts Adopted P6_TA(2008)0310. diseases. With a view to respect the Community’s international obligations the resources that could be used for any coupled support measures should be limited at an appropriate level. The conditions applicable to the financial contributions to crop insurance and animal or plant disease related compensation should be established accordinglydiseases. The conditions applicable to the financial contributions to crop insurance and animal or plant disease related compensation should be established accordingly. Moreover, new legislation will be needed, obliging Member States to introduce cost-sharing schemes for farmers, which will deal with the costs which arise due to outbreaks of contagious animal diseases. The new legislation should set a common framework within which Member States will have to set up these cost-sharing schemes. The aim of this new legislation will be to do away with the distortion of competition between farmers from different Member States, caused by differences in national public contributions towards the costs which arise due to outbreaks of contagious animal diseases. The new legislation should also aim to encourage farmers to minimise the risk of infection and spread of contagious animal diseases. Member States that already have cost-sharing schemes for their farmers will have to modify these schemes in such a way as to ensure they are compatible with the common framework.
Amendment 234 #
Proposal for a regulation
Recital 37
Recital 37
(37) As a consequence of the integration of new schemes into the single payment scheme, provision should be made for the calculation of the new level of individual income support under that scheme. In the case of nuts, potato starch, flax and dried fodder, such increase should be granted on the basis of the support farmers received in most recent years or production quotas of farmers in most recent years. However, in the case of the integration of payments that were so far partially excluded from the single payment scheme, Member states should be given the option to use the original reference periods.
Amendment 258 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that all agricultural land, especially 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 requirements for good agricultural and environmental condition on the basis of the framework set up in Annex III, 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. For that sake the standards mentioned in the right column of Annex III shall be seen as indicative. Issues and standards of Annex III shall be deemed to have been met by a Member State in case they are already covered by controls on statutory management requirements of Annex II in the Member State concerned.
Amendment 271 #
Proposal for a regulation
Article 7 – paragraph 1 – Introductory part
Article 7 – paragraph 1 – Introductory part
1. Any amount of direct payments to be granted in a given calendar year to a farmer that exceeds EUR 5 000 shall be reduced for each year until 2012 by the following percentages:with 5 % until 2012.
Amendment 275 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
Amendment 282 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 289 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 296 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 373 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The remaining amount resulting from the application of Article 7(1) and the amounts resulting from the application of Article 7(2) shall be allocated to the Member State where the corresponding amounts have been generated, in accordance with the procedure referred to in Article 128(2). They shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005.
Amendment 391 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Any amount resulting from the application of Article 7(1) and (2) shall be allocated to the new Member State where the corresponding amounts have been generated in accordance with the procedure referred to in Article 128(2). They shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005.
Amendment 403 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall carry out on-the- spot-checks to verify whether the farmer complies with the obligations referred to in Chapter 1. These controls shall take place within a period of not more than one day for a particular farm.
Amendment 406 #
Proposal for a regulation
Article 24 – paragraph 2 – indent 1
Article 24 – paragraph 2 – indent 1
2. Member States may make use of their existing administration and control systems to ensure compliance with the statutory management requirements and good agricultural and environmental condition referred to in Chapter 1. However, Member States shall endeavour to limit the number of controlling agencies and the number of persons carrying out the on-the-spot checks on a particular farm.
Amendment 407 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Member States may make use of private administration and control systems, provided they have been officially accredited by the national authorities.
Amendment 408 #
Proposal for a regulation
Article 24 – paragraph 2 b(new)
Article 24 – paragraph 2 b(new)
2b. Member States shall endeavour to plan controls in such a way that farms which can best be controlled in a particular period during the year, due to seasonal reasons, are indeed controlled in that particular period. However, if the controlling agency could not control a particular statutory management requirement, or a part thereof, or good agricultural and environmental conditions during an on-the-spot check, due to seasonal reasons, those requirements and conditions shall be deemed to be met.
Amendment 415 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. Where a reduction or exclusion of payments is being applied in case of non compliance with cross-compliance rules, as referred to in Article 25, no fine shall be imposed under the corresponding national legislation for the same case of non-compliance. Where a fine has been imposed following non-compliance with national legislation, no reduction or exclusion of payments shall be imposed for the same case of non-compliance.
Amendment 416 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Amendment 444 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Payments shall be made up to twice a year within the period from 1 December to 30 June of the following calendar year, and shall include a payment of interest at market rates on the amount due from 30 June of the following calendar year.
Amendment 448 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. PNo payments shall be made in respect of an application under support schemes listed in Annex I shall not be made before the controls with regard to eligibility conditions, to be carried out by the Member State pursuant to Article 22, have been finalised on that application.
Amendment 454 #
Proposal for a regulation
Article 33
Article 33
Amendment 514 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. In 2010 and 2011, Member States that in accordance with Article 68(1), 68(2)(a)(ii) or 68(2)(b) of Regulation (EC) No 1782/2003 retained all or part of the national ceilings referred to in Article 41 of this Regulation corresponding to the slaughtering premium for calves, the slaughtering premium for animals other than for calves or the special male premium mayshall make an additional payment to farmer. The additional payments shall be granted on slaughtering of calves, on slaughtering of bovine animals other than calves and for holding male bovine animals, under the conditions provided for in Section 8 of Chapter 1 of Title IV. The additional payment shall be made at 50% of the level applied under Article 68 of Regulation (EC) No 1782/2003 and within the limit fixed in accordance with Article 53(2) of this Regulation.
Amendment 526 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The amounts referred in Annex XI that were available for coupled support under the schemes referred under point I of Annex X shall be distributed by the Member States amongst the farmers in the sectors concerned in accordance with objective and non discriminatory criteria taking account, in particular, of support that those farmers received, directly or indirectly, under the relevant support schemes or production quotas during one or more years of the period 2005 to 200811.
Amendment 533 #
Proposal for a regulation
Chapter 5 – titre
Chapter 5 – titre
SPECIFIC SUPPORTUPPORT FOR INSURANCES AND MUTUAL FOODS
Amendment 541 #
Proposal for a regulation
Article 68 – paragraph 1 – introductory part
Article 68 – paragraph 1 – introductory part
1. Member States may decide by 1 August 2009 at the latest to use from 2010for every calendar year before 1 August of the year before to use up to 105% of their national ceilings referred to in Article 41 to grant support to farmers:
Amendment 549 #
Proposal for a regulation
Article 68 – paragraph 1 – point a
Article 68 – paragraph 1 – point a
Amendment 564 #
Proposal for a regulation
Article 68 – paragraph 1 – point b
Article 68 – paragraph 1 – point b
Amendment 572 #
Proposal for a regulation
Article 68 – paragraph 1 – point c
Article 68 – paragraph 1 – point c
Amendment 582 #
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
Amendment 590 #
Proposal for a regulation
Article 68 – paragraph 3
Article 68 – paragraph 3
Amendment 602 #
Proposal for a regulation
Article 68 – paragraph 4
Article 68 – paragraph 4
Amendment 612 #
Proposal for a regulation
Article 68 – paragraph 5 – point a
Article 68 – paragraph 5 – point a
(a) in paragraph 1(a) and (d) shall take the form of annual additional payments,
Amendment 613 #
Proposal for a regulation
Article 68 – paragraph 5 – point b
Article 68 – paragraph 5 – point b
Amendment 615 #
Proposal for a regulation
Article 68 – paragraph 5 – point c
Article 68 – paragraph 5 – point c
Amendment 617 #
Proposal for a regulation
Article 68 – paragraph 6
Article 68 – paragraph 6
Amendment 635 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1
Article 69 – paragraph 1 – subparagraph 1
1. Member States may grant financial contributions to premiums for crop insurance against losses caused by adverse climatic events, or adverse climatic events for which is know that they cause losses.
Amendment 665 #
Proposal for a regulation
Article 70 – paragraph 2 – point a
Article 70 – paragraph 2 – point a
(a) 'mutual fund' shall mean a system accredited by the Member State in accordance with national law and European legislation still to be decided for affiliated farmers to insure themselves as described in paragraph 2a, by granting compensation payments to such farmers affected by economic losses caused by the outbreak of quarantine animal or plant disease or for affiliated farmers to insure themselves, by granting compensation payments to such farmers affected by direct losses caused by the outbreak of quarantine animal or plant disease;
Amendment 667 #
Proposal for a regulation
Article 70 – paragraph 2 – point b a (new)
Article 70 – paragraph 2 – point b a (new)
(ba) 'direct losses' shall mean any direct cost incurred by a farmer as a result of implementation of European veterinary or phytosanitary legislation.
Amendment 669 #
Proposal for a regulation
Article 70 – paragraph 2 a (new)
Article 70 – paragraph 2 a (new)
2a. Member States shall set up obligatory cost sharing schemes for their farmers, which will cater for the costs of outbreaks of contagious animal diseases within a common framework to be defined as part of new European legislation. The aim of this new legislation is to prevent that future outbreaks will have to be funded by diminishing income support and to abolish the distortion of competition between farmers from different Member States, following the differences in national public contributions to the costs of outbreaks of contagious animal diseases. Another aim of the new legislation is to stimulate farmers in minimising the risk of infection and spread of contagious animal diseases. Member States that already have obligatory cost sharing schemes for their farmers will have to modify these schemes in such a way that they become compatible with the common framework.
Amendment 671 #
Proposal for a regulation
Article 70 – paragraph 3 − subparagraph 1
Article 70 – paragraph 3 − subparagraph 1
3. The mutual funds shall pay the financial compensation directly to affiliated farmers who are affected by economic or direct losses.
Amendment 676 #
Proposal for a regulation
Article 70 – paragraph 6 – subparagraph 2
Article 70 – paragraph 6 – subparagraph 2
The first subparagraph shall not prejudice any powers of Member States to cover their participation in the financing of the financial contributions in full or in part through obligatory systems of collective responsibility in the sectors concerned, pending the implementation of new European legislation introducing a framework for the obligatory introduction by all Member States of cost sharing schemes for outbreaks of contagious animal diseases.
Amendment 677 #
Proposal for a regulation
Article 70 – paragraph 7
Article 70 – paragraph 7
7. Member States shall define the rules for the constitution and the management of the mutual funds, notably for the granting of compensation payments to farmers in case of crisis, or for the administration and control of these rules. These rules shall be in accordance with the common framework to be established as part of the new European legislation as mentioned in paragraph 2a.
Amendment 739 #
Proposal for a regulation
Article 133 a (new)
Article 133 a (new)
Article 133a Study on costs of compliance The Commission shall execute a study assessing the actual costs for farmers stemming from complying with the EU's legislation in the fields of environment, animal welfare and food safety, and which go beyond the standards that import products are subject to. This legislation concerns among others the regulations and directives of Annex II underpinning the Cross Compliance system, as well as the standards defined as Good Agricultural and Environmental Condition (GAEC) of Annex III which is also part of the Cross Compliance requirements. The study shall assess the compliance costs as described above in all Member States, which might differ between Member States and even between regions within Member States following their differences in climatic, geological, production, economic and social features.
Amendment 745 #
Proposal for a regulation
Annex II – point A – point 4
Annex II – point A – point 4
4. Council Directive 91/676/EEC of 12 December 1991 Directive 2006/118/EC of the European Parliament and of the Articles 4 and 5 concerning 6 Council of 12 December 2006 on the protection of watersgroundwater against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1) and deterioration
Amendment 764 #
Proposal for a regulation
Annex III – line 5 – column 2 – indent 1
Annex III – line 5 – column 2 – indent 1
– Establishment of buffer strips along water courses in accordance with relevant common legislation on the protection of surface water,