[ParlTrack]

2013/0398(COD)

Hynek FAJMON

Proposal for a regulation
Article 2 – title

Measures on the internal market and in third countries

2014/02/17
Committee: AGRI

2013/0398(COD)

Hynek FAJMON

Proposal for a regulation
Article 2 – introductory part

The eligible measures on the internal market and in the third countries are as follows:

2014/02/17
Committee: AGRI

2013/0398(COD)

Hynek FAJMON

Proposal for a regulation
Article 2 – paragraph 1 - point a

(a) information measures to aimed at stressing the characteristics of agricultural and food products including stressing the specific features of agricultural productions methods in the Union, particularly in terms of food safety, authenticity, nutritional and health aspects, animal welfare or respect for the environment;

2014/02/17
Committee: AGRI

2013/0398(COD)

Hynek FAJMON

Proposal for a regulation
Article 2 – paragraph 1 - point b a (new)

(ba) promotion measures aimed at increasing sales of agricultural and food products from the EU.

2014/02/17
Committee: AGRI

2013/0398(COD)

Hynek FAJMON

Proposal for a regulation
Article 3

~~The eligible measures in third-countries are as follows: (a) information measures aimed at stress~~Article 3 deleted Measures ing th~~e characteristics of agricultural and food products and on the themes referred to in Article 5(4); (b) promotion measures aimed at increasing sales of agricultural and food products from the EU.~~ird countries

2014/02/17
Committee: AGRI

2013/0398(COD)

Hynek FAJMON

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

The Commission shall, by means of an implementing act, adopt once a year a work programme setting out the objectives pursued, the priorities, the expected results, the implementing arrangements and the total amount of the financing plan. The work programme shall contain the list products referred to in Annex to this Regulation eligible for promotion and information measures on a permanent basis. It shall also contain the main evaluation criteria, a description of the measures to be financed, an indication of the amounts allocated to each type of measure and an indicative implementation timetable and, in the case of grants, the maximum rate of co- financing.

2014/02/17
Committee: AGRI

2013/0398(COD)

Hynek FAJMON

Proposal for a regulation
Article 8 – paragraph 3 – introductory part

3. The work programme referred to in paragraph 1 shall be implemented through the publication by the Commission twice a year:

2014/02/17
Committee: AGRI

2013/0398(COD)

Hynek FAJMON

Proposal for a regulation
Article 12 – paragraph 1

1. The Member State shall asses in the first round the proposals for programmes and after that selected proposals shall submit to the Commission. Following the assessment by the Member state, the Commission shall assess and select proposals for simple programmes further to the call for proposals referred to in Article 8(3)(a).

2014/02/17
Committee: AGRI

2013/0398(COD)

Hynek FAJMON

Proposal for a regulation
Article 15 – paragraph 1

1. The Union's financial contribution to simple programmes shall not exceed 50 % of the eligible expenditure. The remaining expenditure shall be borne ~~exclusively~~up to 30% by the Member State and the rest by proposing organisations.

2014/02/17
Committee: AGRI

2013/0398(COD)

Hynek FAJMON

Proposal for a regulation
Article 18

The maximum rate of co-financing shall be set at 60 % of the total eligible costs for the multi programmes. The remaining expenditure shall be borne ~~exclusively~~up to 30% by the Member State and the rest by proposing organisations.

2014/02/17
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Recital 11

(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, taking into consideration scientific knowledge and internationally accepted standards for assessing their toxicity or addictiveness.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Recital 15

(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided36reminiscent of fruit or candy, which may facilitate uptake of tobacco consumption among minors.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Recital 16

(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessary for manufacturing of tobacco products should be allowed, as long as they do not result in a characterising flavour. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision making. The application of this Directive should not discriminate between different tobacco varieties.deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Recital 21

(21) Adaptation of the labelling provisions is also necessary to align the rules at Union level with international developments. For example the guidelines on Article 11 FCTC call for ~~large~~ picture warnings, which would cover no more than 50% and no less than 30% of the surface of the box, on both principal display areas, the main mandatory cessation information and strict rules on misleading information. The provisions on misleading information will complement the general ban on misleading business to consumer commercial practices laid down in Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business- to- consumer commercial practices in the internal market37.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Recital 23

(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, 'natural', 'organic', ‘without additives’, ‘without flavours’, ~~'slim',~~ names, pictures, and figurative or other signs. Likewise, the ~~size and~~ appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. ~~A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.~~

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Recital 37

(37) In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, the determination of products with ~~characterising flavours or with~~ increased levels of toxicity and addictiveness ~~and the methodology for determining whether a tobacco product has characterising flavour~~, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011~~4343~~.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Recital 38

(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting ~~and adapting maximum yields for emissions and their~~ measurement methods, setting maximum levels for ingredients that increase toxicity~~, addictiveness~~ or a~~ttra~~ddictiveness, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll- your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries 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.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Recital 40

(40) A Member State that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike, on grounds of overriding needs relating to the protection of public health. AIn order to improve the functioning of the internal market, a Member State sh~~ould also~~all not be allowed to introduce more stringent ~~provisions, applying to all products alike, on grounds relating to the specific situation of this Member State and provided the~~national provisions, are justified by the need to protect public health. More stringent national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved throughpplying to all products falling within the scope of this Directive.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Recital 41

(41) ~~Member States should remain free to maintain or introduce national legislations applying to all products alike for aspects fall~~With respect for current international market rules, and ing o~~utsi~~rder the scope of this Directive, provided they are compatible with the Treaty and do not jeopardise the full application of this Directive. Accordingly, Member States could, for instance, maintain or introduce provisions providing standardisation of packaging of tobacco products provided that those provisions are compatible with the Treaty, with WTO obligations and do not affect the full application of this Directive. A prior notification is required for technical regulations pursuant to Directive 98/34/ECo improve the functioning of the internal market, Member States, when they maintain or introduce more stringent national provisions in areas outside the scope of this Directive, shall not prohibit or place restrictions ofn the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on Information Society services44import, sale and consumption of tobacco and related products that comply with this Directive.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) 'characterising flavour' means a distinguishable aroma or taste other than tobacco or menthol, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy~~, menthol~~ or vanilla observable before or upon intended use of the tobacco product;

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 2 – paragraph 1 – point 19

~~19) 'maximum level' or 'maximum yield' means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 3 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 1, taking into account scientific development and internationally agreed standards.~~

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 3 – paragraph 3

3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1

The Commission shall at the request of a Member State or may on its own initiative determine by means of implementing acts whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2

The Commission shall adopt by means of implementing acts uniform rules on the procedures for determining whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 6 – paragraph 3

In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive or a combination thereof typically impart a characterising flavour when it exceeds a certain level of presence or concentration the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives or combination of additives that cause the characterising flavour.deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 6 – paragraph 7 – subparagraph 1

Member States shall, based on scientific evidence, prohibit the placing on the market of tobacco products with additives in quantities that increase in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product.deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 6 – paragraph 7 – subparagraph 2

~~Member States shall notify to the Commission measures taken pursuant to this paragraph.~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 6 – paragraph 10

10. Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 7 – paragraph 3

3. In order to ensure their graphic integrity and visibility, health warnings shall be irremovably ~~prin~~situated, indelible and in no way hidden or interrupted, including by tax stamps, price marks, tracking and tracing marks, security features or by any type of wrapper, pouch, jacket, box or other device or by the opening of the unit packet.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 8 – paragraph 4 – point b

~~(b) to define the position, format, layout and design of the health warnings laid down in this Article, including their font type and background colour.~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) be comprised of a text warning listed in Annex I and, optionally, a corresponding colour photograph specified in the picture library;

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 9 – paragraph 1 – point c

(c) cover 75 30% of the external area of ~~both~~ the front ~~and~~surface and 40% of the external area of the back surface of the unit packet and any outside packaging;

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) show the same text warning and, optionally, corresponding colour photograph on both sides of the unit packets and any outside packaging;

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 9 – paragraph 1 – point e

(e) be positioned aton the ~~top edg~~lower side of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 9 – paragraph 1 – point g

~~(g) for unit packets of cigarettes, respect the following dimensions: (i) height: not less than 64 mm; (ii) width: not less than 55 mm.~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 9 – paragraph 3 – point c

~~(c) define the position, format, layout, design, rotation and proportions of the health warnings;~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 9 – paragraph 3 – point d

(d) by way of derogation from Article 7(3), lay down the conditions under which health warnings may be broken during unit packet opening in a manner that ensures the graphical integrity and visibility of the text, photographs and cessation information.deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 10 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22, to withdraw the exemption laid down in paragraph 1 if there is a substantial change of circumstances as established in a Commission report.~~

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 11 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22 to adapt the requirements in paragraphs 1 and 2 taking into account scientific and market developments.~~

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 12 – paragraph 2

2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. ~~Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.~~

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 13 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to define more detailed rules for the shape and size of unit packets in so far as these rules are necessary to ensure the full visibility and integrity of the health warnings before the first opening, during the opening and after reclosing of the unit packet.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 13 – paragraph 4

~~4. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to make either cuboid or cylindric shape mandatory for unit packets of tobacco products other than cigarettes and roll-your-own tobacco if there is a substantial change of circumstances as established in a Commission report.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 2 – point g

~~g) the intended shipment rou~~delete;d

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 2 – point h

~~h) where applicable, the importer into the Union;~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 2 – point i

~~i) the actual shipment route from manufacturing to the first retail outlet, including all warehouses used;~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 2 – point j

j) the identity of all purchasers from manufacturing to the first ~~retail outlet~~purchaser;

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 2 – point k

k) the invoice, order number and payment records ~~of all purchasers~~ from manufacturing to the first retail outlet.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 3

3. Member States shall ensure that all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, record the entry of all unit packets into their possession, as well as all intermediate movements and the final exit from their possessionthe transfer of all unit packets between manufacturer and first purchaser is recorded. This obligation can be fulfilled by recording in aggregated form, e.g. of outside packaging, provided that tracking and tracing of unit packets remains possible.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall ensure that manufacturers of tobacco products provide all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, including importers, warehouses and transporting companiefirst purchasers with the necessary equipment allowing for the recording of the tobacco products purchased, sold, stored, transported or otherwise handled. The equipment shall be able to read and transmit the data electronically to a data storage facility pursuant to paragraph 6.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 8

8. In addition to the unique identifier, Member States shall require that all unit packets of tobacco products which are placed on the market carry a ~~vis~~legible, tamper proof security feature of at least 1 cm²2, which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or other elements mandated by legislation.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 9

~~9. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22: a) to define the key elements (such as duration, renewability, expertise required, confidentiality) of the contract referred to in paragraph 6, including its regular monitoring and evaluation; b) to define the technical standards to ensure that the systems used for the unique identifiers and the related functions are fully compatible with each other across the Union and c) to define the technical standards for the security feature and their possible rotation and to adapt them to scientific, market and technical development.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 9 – point a

~~a) to define the key elements (such as duration, renewability, expertise required, confidentiality) of the contract referred to in paragraph 6, including its regular monitoring and evaluation;~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 9 – point b

~~b) to define the technical standards to ensure that the systems used for the unique identifiers and the related functions are fully compatible with each other across the Union an~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 14 – paragraph 9 – point c

~~c) to define the technical standards for the security feature and their possible rotation and to adapt them to scientific, market and technical development.~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 17 – paragraph 3

3. Novel tobacco products placed on the market shall respect the requirements set out in this Directive. The provisions applicable depend on whether the products fall under the definition of smokeless tobacco product in point (29) of Article 2 or tobacco for smoking in point (33) of Article 2. The provisions of Article 12(1)(b) shall not apply to new tobacco products that have been scientifically proven to be less harmful than conventional tobacco products.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 17 – paragraph 3 a (new)

3a. Member States may authorise the sale and define rules on the placing on the market of new categories of tobacco products that have been scientifically proven to be less harmful than conventional tobacco products, provided that it has been demonstrated, pursuant to paragraph 1, that the use of such products can reduce the risks and illnesses associated with smoking, as well as the harm to public health, when compared with conventional tobacco products.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 18 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt the position, format, layout, design and rotation of the health warnings.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 22 – paragraph 2

2. The power to adopt delegated acts referred to in Articles ~~3(2), 3(3),~~ 4(3), 4(4), 6(3), 6(9), 6(10), ~~8(4),~~ 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of time from [Office of Publications: please insert the date of the entry into force of this Directive].

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 22 – paragraph 3

3. The delegation of powers referred to in Articles ~~3(2), 3(3),~~ 4(3), 4(4), 6(3), 6(9), 6(10), ~~8(4),~~ 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 22 – paragraph 5

5. A delegated act pursuant to Articles ~~3(2), 3(3), 4(3),~~ 4(4), 6(3), 6(9), 6(10), ~~8(4),~~ 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1 – point b

b) market developments in novel tobacco products considering, inter alia, notifications received under Article 17;, with particular consideration given to assessing the potential benefits of less-harmful new categories of tobacco products and lowering the risk of smoking-associated diseases;3

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 24 – paragraph 2

2. However, a Member State may maintain more stringent national provisions, applicable to all products alike, in areas ~~covered by~~outside the scope of the Directive, on grounds of overriding needs relating to the protection of public health. A Member State may also introduce more stringent provisions, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health, on condition that they do not impose any restrictions on the importation and sale of tobacco and related products that are fully compliant with this Directive. Such national provisions shall be notified to the Commission together with the grounds for maintaining or introducing them. The Commission shall, within six months from the date of receiving the notification, approve or reject the provisions after having verified, taking into account the high level of health protection achieved through this Directive, whether or not they are justified, necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the Member States. In the absence of a decision by the Commission within this period the national provisions shall be deemed to be approved.

2013/05/07
Committee: AGRI

2012/0366(COD)

Hynek FAJMON

Proposal for a directive
Article 24 – paragraph 3

3. This Directive shall not affect the right of Member States to maintain or introduce, in accordance with the Treaty, national provisions concerning aspects not regulated by this Directive. These national provisions must be justified by overriding reasons of public interest and be necessary and proportionate to their aim. They must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States and must not jeopardise the full application of this Directive.deleted

2013/05/07
Committee: AGRI

2012/0337(COD)

Hynek FAJMON

Proposal for a decision
Annex 1 – paragraph 82 – subparagraph 2 – point a

(a) ~~Progressively phasing out environmentally harmful subsidies, i~~Increasing the use of market-based instruments, ~~including taxation, pricing and charging, and~~ expanding markets for environmental goods and services, with due regard to any adverse social impacts., and accelerating the progressive phasing-out of environmentally harmful subsidies;

2013/03/06
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Recital C

C. whereas the CAP reform of 2003 and the Health Check of the Common Agricultural Policy of 2008 have substantially increased the transparency and efficiency of the CAP and farmers’ own responsibility and market orientation; whereas this process must be continued and, as a counterpart, the administration of the CAP must be significantly further simplified, and this must be applied in practice too, in order to reduce the burden on farmers and administrations,

2011/03/21
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Recital K

K. whereas a two-pillar CAP should be retained, and both pillars should be complementary,

2011/03/21
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Recital O a (new)

Oa. whereas the agricultural sector as well as farmers have, besides providing for food security, also other multifunctional functions lying in maintenance of landscape, affecting biodiversity, the environment, water management or influences of climate; whereas their social function and their role in creating social values in rural areas should be taken into account,

2011/03/21
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Recital O a (new)

Oa. whereas the agricultural sector and farmers, besides providing for food security, also have other multifunctional roles to play in creating new opportunities in the rural economy, maintaining the landscape, and influencing biodiversity, the environment, water management and the impacts of climate events and climate change; whereas their social function and their role in creating social values in rural areas should be taken into account,

2011/03/21
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Recital P

P. whereas rural development ias a~~n important instrumen~~ horizontal issue is an essential part of the CAP and whereas the new programmes should be geared even more strongly to the priority objectives of rural development and of farmers (employment, added value, the agricultural environment, water, climate change, cooperation, innovation and education),

2011/03/21
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Recital P

P. whereas rural development ias a~~n important instrumen~~ horizontal issue is an inevitable part of the CAP and whereas the new programmes should be geared even more strongly to the priority objectives of rural development and of farmers (employment, the agricultural environment, water, climate change, innovation and education),

2011/03/21
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Recital P a (new)

Pa. whereas activities in rural areas must be diversified for agriculture to become more efficient and competitive; whereas economic activities in rural areas should be spread so that rural areas do not suffer from depopulation,

2011/03/21
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Recital P a (new)

Pa. whereas activities in rural areas must be diversified for agriculture to become more efficient and competitive; whereas economic activities in rural areas should be spread so that rural areas do not suffer from depopulation,

2011/03/21
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 11

11. In the case of direct farm payments, advocates moving away from historical and individual reference values and calls for a transition to a uniform area-based regional or national premium for decoupled payments in the next financing period; ~~recognises, however, that the situations in the individual Member States are very disparate, requiring special measures per region;~~

2011/03/21
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 12

12. Considers that Member States which currently apply the simplified Single Area Payment Scheme (SAPS) should ~~switch to the single farm payment system with entitlements; calls for support in making the conversion~~have the option of continuing to do so;

2011/03/21
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 16

16. Calls – without casting any doubt on the results of the 2008 Health Check of the CAP – for appropriations under Article 68 of Regulation (EC) No 73/2009 primarily to be allocated for measures to promote territorial coherence and boost key sectors (e.g. the dairy and sheep sectors ~~and~~, suckler cows, pigs, poultry, hops and potato starch), for area-based environmental measures (e.g. organic farming) which to date have not been included in the second pillar; considers that the budget for Article 68 cshould – subject to contrary results of an impact assessment – cover up10% to 105% of direct payments;

2011/03/21
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 18

18. Calls on the Commission to submit by 30 June 2016 a report setting out comprehensively how livestock farming in Europe can be safeguarded in the long term with regard to multifunctionality and regional aspects (such as mountain areas, Nordic regions ~~and~~, extremely remote areas and border areas) and also dealing with the question of how far the aims of the CAP can be realised in a more efficient, targeted way by means of decoupled, indirect support, e.g. premiums for extensive grassland or pasture land;

2011/03/21
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 18

18. Calls on the Commission to submit by 30 June 2016 a report setting out comprehensively how livestock farming in Europe can be safeguarded in the long term with regard to multifunctionality and regional aspects (such as mountain areas, Nordic regions ~~and~~, extremely remote areas and frontier areas) and also dealing with the question of how far the aims of the CAP can be realised in a more efficient, targeted way by means of decoupled, indirect support, e.g. premiums for extensive grassland or pasture land;

2011/03/21
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 19

19. Considers that direct payments should be made only to active farmers; ~~realises that, under the system of decoupled direct payments, each farmer who uses farmland for production or who t~~considers that, in this respect, current EU legislation already incorporates the instrumendts ~~it in or~~neederd to maintain GAEC should receive direct payments; calls on the Commission therefore to devise a definition of ‘active farmer’ which the Member States can administer without additional administrative effort, while it should be ensured that traditional farming activities (full-time and variousaddress the problems of granting direct payments for farmland, but the existing laws must be better enforced in practice; considers that if a narrower definition of ‘active farmer’ is necessary, the decision should be left to the Member States to take in accordance with their national needs and specificities, subject to a pre-defined degrees of ~~part-time) are classified as active farming~~flexibility;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 22

22. Considers therefore that any environmental advantages can be attained more effectively and directly either by means of simple second-pillar measures adopted by the Member States, which should ideally build on existing agrienvironmental measures or should supplement measures which take into account climatic and geographical differences in the Member States; observes that resource protection programmes should be pursued everywhere by means of a priority catalogue of area-based measures in the second pillar which are subject to basic requirements, particularly in the fields of climate, environment and innovation (Annex I), and are 100% EU-financed; regards the greening of direct payments in the first pillar as lying in the fact that any recipient of direct payments in the EU must implement at least two priority area- based resource protection programmes in order to be eligible for the complete farm payment; believes that the administration involved in these measures can be minimised by managing them in accordance with the system of the existing agrienvironmental programmes, thus avoiding duplication of monitoring and additional application and administration procedures or by the voluntary greening of direct payments up to a rate of 10%;

2011/03/22
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 22

22. Considers therefore that any environmental advantages can be attained more effectively and directly by means of second-pillar measures adopted by the Member States, which should ideally build on existing agrienvironmental measures or should supplement measures which take into account climatic and geographical differences in the Member States; observes that resource protection programmes should be pursued everywhere by means of a priority catalogue of area-based measures in the second pillar which are subject to basic requirements, particularly in the fields of climate, environment and innovation (Annex I), and are ~~100%~~ EU- financed; regards the greening of direct payments in the first pillar as lying in the fact that any recipient of direct payments in the EU must implement at least two priority area-based resource protection programmes in order to be eligible for the complete farm payment; believes that the administration involved in these measures can be minimised by managing them in accordance with the system of the existing agrienvironmental programmes, thus avoiding duplication of monitoring and additional application and administration procedures;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 23

23. Calls for the resources allocated to greening to be reserved ~~for recipients of direct payments and only disbursed in connection with greening~~, in connection with direct payments, for recipients of direct payments;

2011/03/22
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 23

23. Calls for the resources allocated to greening to be reserved mostly for recipients of direct payments and onmostly disbursed in connection with greening;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 24

24. Regards this model as making a substantial contribution to the simplification of the direct payments system and to the attainment of new compulsory environmental objectives; observes that, under this model, there is no need to step up the current rate of monitoring and the current monitoring capacities, as existing checks can be used, and that checks in the second pillar can be combined in the basic and regeneration programme; considers also that no new systems of payments or penalties need be introduced;deleted

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 25

25. Realises that resources from the first pillar (as for a top-up model) should be used to pay for this environmental component; believes, however, that Member States where direct payments lie below the EU average should be given the option of making the payment by means of cofinancing from the first pillar or instead by means of financing entirely from the second pillar; observes that the Member States must notify the Commission of their decision on thConsiders that the green component of direct payments should be funded from a single source fin~~ancing by 31 July 2013; notes that individual Member States’ modulation resources should be used~~ all Member States;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 37

37. Considers that the use of these instruments which have been described should be triggered ~~only by a political assessment by the EU legislature;~~ in justified cases of crisis in the market and, where possible, on the basis of predetermined criteria;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 44

44. Acknowledges that in the WTO negotiations the EU has offered to abolish export refunds, albeit with the proviso that other trading partners (particularly the USA, Canada, Australia and New Zealand) also bring their export support into line with WTO rules; calls for the EU likewise to formulate a ~~system~~corresponding system, for example for export credits, which complies with WTO rules;

2011/03/22
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 48

48. ~~Is aware of the importanc~~Emphasises the horizontal role of the second pillar, in view of its environmental, modernisation and structural improvement achievements~~, but also for attaining political objectives, which should also benefit~~ for agriculture, balanced territorial development and attaining political objectives for inhabitants living in rural areas as well as farmers; calls therefore for second- pillar measures to be better suited to their objectives, so that the effectiveness of growth, employment and climate measures and measures for the benefit of rural areas can be increased; considers that, in this context, particular attention should be devoted to assisting young farmers;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 48

48. ~~Is aware of~~Emphasises the importance and the horizontal role of the second pillar, in view of its environmental, modernisation and structural improvement achievements, for agriculture and related sectors and balanced territorial development, but also for attaining political objectives, which should also benefit farmers; calls therefore for second- pillar measures to be better suited to their objectives, so that the effectiveness of growth, employment ~~and climate~~, added value and climate improvement measures and measures for the benefit of rural areas can be increased; considers that, in this context, particular attention should be devoted to assisting young farmers;

2011/03/22
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 48 a (new)

48 a. Calls for a strong, well-equipped second pillar of the Common Agricultural Policy that will reflex the current needs of rural development;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 48 a (new)

48a. Calls for a strong, well funded, second pillar of the CAP that will reflect the current needs of rural development;

2011/03/22
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 49

49. Advocates therefore introducing targeted measures, to be decided by the Member States in the second pillar, to attain priority objectives of the EU (2020 Strategy); observes that these measures should be applied in addition to the basic programmes for greening of direct payments in the first pillar and that ~~a reduced~~the national co-financing rate ~~of 25% should appl~~should be in compliance with co-financing rates of other EU funds within the cohesion policy;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 49

49. Advocates therefore introducing targeted measures, to be decided by the Member States in the second pillar, to attain priority objectives of the EU (2020 Strategy); observes that these measures should be applied in addition to the basic programmes for greening of direct payments in the first pillar and that ~~a reduced~~the national cofinancing rate ~~of 25% should appl~~must be coordinated with the cofinancing rules within the cohesion policy;

2011/03/22
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 49 a (new)

49 a. Welcomes the contribution of the second pillar to exercising the partnership principle and calls on the Member States to pay greater attention to this principle and its wider application when introducing targeted measures under the second pillar;

2011/03/22
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 50

50. Advocates in this connection that the compensatory allowance for disadvantaged areas be retained in the second pillar; considers that it should be ascertained what cofinancing rate appears to be appropriate; calls on the Commission to retain the existing criteria for demarcation of disadvantaged areasConsiders that it should be ascertained what cofinancing rate appears to be appropriate in all areas of support of the second pillar;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 50

50. Advocates in this connection that the compensatory allowance for disadvantaged areas be retained in the second pillar; considers that it should be ascertained what cofinancing rate appears to be appropriate; calls on the Commission to ~~retain the existing~~consider applying biophysical criteria for demarcation of disadvantaged areas in such a way as not to lead to undesirable changes;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 52

~~52. Advocates that, in the case of measures which are of particular importance to Member States, an optional increase of 25% in national financing in the second pillar (top-up) should be possible;~~deleted

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 54

54. Advocates that it should not be compulsory for national cofinancing to come from public funds; considers that at least 10 percentage points of any national cofinancing should come from public funds;deleted

2011/03/22
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 55

55. CStresses the importance of simplification of the administrative burden and interconnection of the administrative and implementing rules across the EU funds (e.g. VAT eligibility); calls for simplification and a review of the cross-compliance rules for the second pillar, considers simplification of the current indicator system to be necessary and takes a critical view of the introduction of quantitative targets;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 55

55. CStresses the importance of real simplification of the CAP, reduction of the administrative burden and interconnection of the administrative and implementing rules across the EU funds (e.g. VAT eligibility for certain types of beneficiaries); calls for simplification and a review of the cross-compliance rules for the second pillar, considers simplification of the current indicator system to be necessary and takes a critical view of the introduction of quantitative targets;

2011/03/22
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 56

56. Welcomes greater coordination at EU level of EU funds; a~~dvocates, however, that~~nd calls for this coordination to be substantially shown up in mechanisms for drawing on the EU funds ~~be preserved as politically autonomous instruments~~, namely in measures financed from the second pillar targeted at rural development support;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 56

56. Welcomes greater coordination at EU level of EU funds; ~~advocates, however, that the funds~~calls for this coordination to be pre~~served as politically autonomous instruments~~flected in real terms in mechanisms for drawing on the EU funds, namely in measures targeted at rural development support;

2011/03/22
Committee: AGRI

2011/2051(INI)

Oldřich VLASÁK, Hynek FAJMON

Motion for a resolution
Paragraph 56 a (new)

56 a. Recommends therefore that the Funds in support of the Common Agricultural Policy become a part of the Common Strategic Framework as only specific targeting of the public funds from the EU and coordination of the European policies will bring results on the ground;

2011/03/22
Committee: AGRI

2011/2051(INI)

Hynek FAJMON

Motion for a resolution
Paragraph 57

57. Observes that there is a need for action with regard to national tax law applicable to farms in order to distribute the tax burden more evenly over a period of years and to consider the introduction of uniform rules for taxing payments, grants and subsidies from the CAP;

2011/03/22
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 12 – paragraph 2 – point c

(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;deleted

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 12 – paragraph 2 – point d

(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].deleted

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 12 – paragraph 3 – point a

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

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 12 – paragraph 3 – point b a (new)

(ba) 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;

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 12 – paragraph 3 – point b b (new)

(bb) 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].

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 13 – paragraph 2

2. Member States shall ensure the separation between advice and control. In this respect and without prejudice to national legislation concerning public access to documents, Member States shall ensure that the designated bodies referred to in Article 12 do not disclose personal or individual information and data they obtain in their advisory activity to persons other than the beneficiary managing the holding concerned, with the exception of a support provider, the control authorities of the advisory system and cases of any irregularity or infringement found during their activity which is covered by an obligation laid down in Union or national law to inform a public authority, in particular in the case of criminal offences.

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 15 – paragraph 1

1. In order to guarantee the proper functioning of the farm advisory system, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 concerning provisions aiming at rendering that system fully operational. Those provisions may relate, amongst others, to the accessibility criteria for farmers.deleted

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 15 – paragraph 2

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

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 34 – paragraph 1

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 47% 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.~~

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1

If recovery has not taken place within four years of the date of the recovery request, or within eight years where recovery is taken in the national courts, 50% of the financial consequences of non-recovery shall be borne by the Member State concerned and 50% by the Union budget, without prejudice to the requirement that the Member State concerned must pursue recovery procedures in compliance with Article 60.

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2 a (new)

However, if for reasons not attributable to the Member State concerned, recovery could not take place within the time-limits specified in the first subparagraph, and the amount to be recovered exceeds EUR 1 million, the Commission may at the request of the Member State, extent the time limits by a maximum of 50% of the initial time limits.

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 57 – paragraph 2

When the Union budget is credited as referred in the first paragraph, the Member State may retain 120 % 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.

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 60 – paragraph 1 – point b

(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;deleted

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 75 – paragraph 3

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

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 76 – paragraph 1 – subparagraph 1

The payments under the support schemes and measures referred to in Article 68(2) shall be made within the period from 1 ~~Decem~~6 October to ~~30 June~~15 October of the following calendar year. Payments shall be made in up to two instalments within that period.

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 76 – paragraph 1 – subparagraph 2

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.deleted

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 92 – paragraph 2

However, Article 91 shall not apply to beneficiaries participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP] and to the beneficiaries receiving aid under Article 29(9) of Regulation (EU) No RD/xxx unless the Member State provides otherwise.

2012/07/20
Committee: AGRI

2011/0288(COD)

Hynek FAJMON

Proposal for a regulation
Article 106 – paragraph 3

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 ~~Octo~~September of the year for which the aid is granted.

2012/07/20
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 4 – paragraph 1 – point 1

(1) the competitiveness of agriculture, food production and forestry;

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 5 – paragraph 1 – point 1 – introductory part

(1) fostering knowledge transfer and innovation in agriculture, food sector, forestry, and rural areas with a focus on the following areas:

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point b

(b) ~~facilitating generational renewal in the agricultural sector.~~support of investments leading to increasing competitiveness and support of viability of areas facing natural or other specific constraints;

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 9 – paragraph 1 – point c – paragraph 1 – point v

~~(v) appropriate action is envisaged to simplify the implementation of the programme;~~deleted

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 9 – paragraph 1 – point j

(j) an indicator plan comprising for each of the Union priorities for priority areas or rural development included in the programme the indicators and the selected measures with planned outputs and planned expenditure, broken down between public and private;

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2 a. The Commission may approve a rural development programme before adoption of the Partnership Contract with a Member State in cases where the Commission considers that all the elements of a rural development programme conform to the provisions of this Regulation and those parts of the Partnership Contract pertaining to the EAFRD.

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

Support under this measure shall be for the benefit of persons engaged in the agricultural, food and forestry sector, land managers and other economic actors which ~~are SMEs~~ operat~~ing~~e in rural areas.

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 16 – paragraph 1 – point a

(a) help farmers, forest holders and ~~SME~~enterprises in rural areas benefit from the use of advisory services for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 17 – paragraph 1 – introductory part

1. Support under this measure shall cover new participation by farmers and food processors in:

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 18 – paragraph 1 – point c

(c) concern infrastructure related to the development and adaptation of agriculture and forestry, including access to farm and forest land, land consolidation and improvement, energy supply and, water management; or

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 18 – paragraph 2

2. Support under paragraph 1(a) shall be granted to agricultural holdings. In the case of investments to support farm restructuring, only farms not exceeding a certain size, to be defined by the Member States in the programme based on the SWOT analysis carried out in relation to the Union priority for rural development ‘enhancing competitiveness of all types of agriculture and enhancing farm viability’, shall be eligible.

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 18 – paragraph 4

4. Paragraph 3 shall not apply to investments which concern infrastructure referred to in paragraph 1 c) and non- productive investments referred to in paragraph 1(d).

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 2

Member States shall define upper and lower thresholds for allowing agricultural holdings access to support under paragraphs 1(a)(i) and 1(a)(iii) respectively. The lower threshold for support under paragraph 1(a)(i) shall be significantly higher than the upper threshold for support under paragraph 1(a)(iii). Support shall, however, be limited to holdings coming under the definition of micro- and small- enterprises.deleted

2012/07/24
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 21 – paragraph 4

~~4. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 90 concerning the definition of the types of renewable energy infrastructure that shall be eligible for support under this measure.~~

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 22 – paragraph 1 – point e

(e) investments in ~~new~~ forestry technologies and in processing and marketing of forest products.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1

Limitations on ownership of forests provided for in Articles 236 to 4027 shall not apply for the tropical or subtropical forests and for the wooded areas of the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Council Regulation (EEC) No 2019/9333 and the French overseas departments.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 25 – paragraph 1 – introductory part

1. Support under Article 22(1)(c) shall be granted to private~~, semi public~~ and public forest ~~own~~holders, municipalities, state forests and their associations and shall cover the costs for:

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2

Eligible operations shall be consistent with the forest protection plan established by the Member States. For holdings above a certain size, to be determined by the Member States in the programme, support shall be conditional on the submission of a forest management plan or equivalent instrument in line with sustainable forest management as defined by the Ministerial Conference on the Protection of Forests in Europe of 1993 or a complementing plan to the already existing forest management plan detailing the preventive objectives.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 26 – paragraph 1

1. Support under Article 22(1)(d) shall be granted to ~~natural persons, private forest owners, private law and semi-public bodies, municipalities and their association~~private and public forest holders. In the case of state forests support may also be granted to bodies managing such forests, which are independent from the state budget.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 27 – paragraph 1

1. Support under Article 22(1)(e) shall be granted to private forest ~~own~~holders, municipalities and their associations, public bodies established for the purpose of vocational training and to SMEs for investments enhancing forestry potential or relating to processing and marketing adding value to forest products. In the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 and the French overseas departments support may also be granted to enterprises that are not SMEs.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1

Support shall be granted to producer groups which are officially recognised by the Member States’ competent authority on the basis of a business plan. ~~It shall be limited to producer groups coming under the definition of SMEs.~~

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 29 – paragraph 3

3. Agri-environment-climate payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and other relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national legislation. All such mandatory requirements shall be identified in the programme.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 29 – paragraph 4

4. Member States ~~shall~~may endeavour to provide persons undertaking to carry out operations under this measure with the knowledge and information required to implement them, including by commitment-related expert advice and/or by making support under this measure conditional to relevant training.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 30 – paragraph 2

2. Support shall only be granted for commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national legislation. All such requirements shall be identified in the programme.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 31 – paragraph 2

2. Support shall be granted to farmers and to private forest owners and associations of forest owners respectively. In duly justified cases it may also be granted to other land managers or municipalities and their associations.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 32 – paragraph 4

~~4. Member States shall provide for degressivity of payments above a threshold level of area per holding, to be defined in the programme.~~deleted

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 32 – paragraph 4

4. Member States ~~shall~~may provide for degressivity of payments above a threshold level of area per holding, to be defined in the programme.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1

In order to be eligible for payments under Article 32, areas, other than mountain areas, shall be considered as facing significant natural constraints if at least 66% of the UAA meets at least one of the criteria listed in Annex II at the threshold value indicated. Respect of this condition shall be ensured at the appropriate level of ~~loc~~territorial administrative units ~~(‘LAU 2’ level)~~.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1

Support under this measure shall be granted per hectare of forest to ~~forest holders, municipalities and their association~~private, and public forest holders who undertake, on a voluntary basis, to carry out operations consisting of one or more forest- environment commitments. ~~Bodies managing state owned forests may also benefit from support provided they are independent from the state budget.~~

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 36 – paragraph 2 – point b

(b) the development and introduction of new products, practices, processes and technologies in the agriculture, food and forestry sectors and related vocational training;

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 37 – paragraph 1 – point b

(b) financial contributions to mutual funds to pay financial compensations to farmers, for economic losses caused by adverse climatic events, the outbreak of an animal or plant disease or an environmental incident;

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 38 – paragraph 1

1. Support under Article 37(1)(a) shall only be granted for insurance contracts which cover for loss caused by an adverse climatic event or by an animal or plant disease or a pest infestation or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest which destroys more than 30 % of the average annual production of the crop or production of individual farm animal species of the farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 50 – paragraph 1

For the purposes of this Regulation the Managing Authority shall define ‘rural area’ alevel in its rural development programme ~~level~~.

2012/07/25
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 51 – paragraph 2

~~2. A sum of EUR 30 million shall be withdrawn from the allocation referred to in paragraph 1 and used to finance the prize for innovative, local cooperation referred to in Article 56.~~deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 51 – paragraph 2

2. A ~~sum of EUR 30 million shall be withdrawn from the allocation referred to in paragraph 1 and used to finance the prize for innovative, local cooperation~~t the initiative of the Member States up to 4% of the total amount of each rural development programme may be devoted to the tasks referred to in Article 52 of Regulation (EC) No [CSF/2012], as well as costs related to preparatory work for the delimitation of areas facing natural constraints referred to in Article 33(3). Costs relating to the certification body referred to in Article 9 of Regulation (EU) No HR/2012 shall not be eligible under this paragraph. Within the 4% limit an amount shall be reserved for establishing and operating the national rural network referred to in Article 565.

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 51 – paragraph 3 – subparagraph 1

~~At the initiative of the Member States up to 4% of the total amount of each rural development programme may be devoted to the tasks referred to in Article 52~~In case of rural development programmes covering both types of regions eligible in less developed regions, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No ~~[CSF/2012], as well as costs related to preparatory work for the delimitation of areas facing natural constraints referred to in Article 33(3)~~2019/93 and in the other regions, the EAFRD contribution rate for technical assistance referred to in Article 65(3) may be determined taking into account the predominant type of regions, by their number, in the programme.

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 53 – paragraph 1

1. A EIP network shall be put in place to support the EIP for agricultural productivity and sustainability referred to in Article 61, in accordance with Article 51(1). It shall enable the networking of operational groups, advisory services and researchersdeleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 53 – paragraph 2

2. The tasks of the EIP network shall be to: (a) provide a help desk function and provide information to key actors concerning the EIP; (b) animate discussions at the level of the programme in view of encouraging the setting up of operational groups; (c) screen and report on research results and knowledge relevant to the EIP; (d) collect, consolidate and disseminate good practice relevant to innovation; (e) organise conferences and workshops and disseminate information in the field of the EIP.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 53 – paragraph 2 – point a

~~(a) provide a help desk function and provide information to key actors concerning the EIP;~~deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 53 – paragraph 2 – point b

~~(b) animate discussions at the level of the programme in view of encouraging the setting up of operational groups;~~deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 53 – paragraph 2 – point c

~~(c) screen and report on research results and knowledge relevant to the EIP;~~deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 53 – paragraph 2 – point d

~~(d) collect, consolidate and disseminate good practice relevant to innovation;~~deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 53 – paragraph 2 – point e

~~(e) organise conferences and workshops and disseminate information in the field of the EIP.~~deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 53 – paragraph 3

3. The Commission shall, by means of implementing acts, set out the organisational structure and operation of the EIP network. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 54 – paragraph 1

1. A European evaluation network for rural development shall be put in place to support the evaluation of rural development programmes in accordance with Article 51(1). It shall enable the networking of those involved in the evaluation of rural development programmes.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 54 – paragraph 2

2. The aim of the European evaluation network for rural development shall be to facilitate the exchange of expertise and good practices on evaluation methodologies, to develop evaluation methods and tools, to provide support on evaluation processes, and on data collection and management.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 54 – paragraph 3

3. The Commission shall, by means of implementing acts, set out the organisational structure and operation of the European evaluation network for rural development. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 55 – paragraph 3 – point b – point iii

(iii) support for monitoring, in particular through collection and sharing of relevant feed-back, recommendations and analysis notably from the Monitoring Committees referred to in Article 41 of Regulation (EU) No [CSF/2012]. ~~Local action groups shall also be supported by the national rural network for the monitoring and evaluation of the local development strategies;~~

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 55 – paragraph 3 – point b – point vii

(vii) networking activities for local action groups and in particular technical assistance for inter-territorial and transnational co-operation, facilitation of co-operation among local action groups and the search of partners for the measure referred to in Article 36;deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 56

Article 56 Prize for innovative, local cooperation in rural areas The funds referred to in Article 51(2) shall be used for financing the award of a prize to cooperation projects involving at least two entities located in different Member States that realise an innovative, local concept.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 57

Article 57 Call for proposals 1. Starting at the latest in 2015 and every year thereafter the Commission shall launch a call for proposals in view of awarding the prize referred to in Article 56. The last call for proposals shall be launched no later than in 2019. 2. The call for proposals shall indicate a theme for the proposals which shall be related to one of the Union priorities for rural development. The theme shall also be appropriate for implementation through cooperation at transnational level. 3. The call for proposals shall be open to both local action groups and individual entities cooperating for the purpose of the specific project.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 58

Article 58 Selection procedure 1. Applications for the prize shall be submitted by applicants in all Member States to the respective national rural network, which shall be responsible for pre-selecting applications. 2. National rural networks shall set up, from within their members, a pre- selection board of independent experts in order to pre-select applications. Pre- selection of applications shall be done on the basis of the exclusion, selection and award criteria defined in the call for proposals. Each National Rural Network shall pre-select no more than 10 applications and shall transmit them to the Commission. 3. The Commission shall be responsible for the selection of fifty winning projects among the applications pre-selected in all the Member States. The Commission shall set up an ad hoc steering group composed of independent experts. This steering group shall prepare the selection of the winning applications on the basis of the exclusion, selection and award criteria defined in the call for proposals. 4. The Commission shall, by means of an implementing act, decide on the list of projects to which the prize is awarded.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 59

Article 59 Financial Prize – conditions and payment 1. In order for projects to be eligible for the prize, the time required for their completion shall not exceed two years from the date of adoption of the implementing act awarding the prize. The time frame of realisation of the project shall be defined in the application. 2. The prize shall be granted in the form of a lump sum payment. The amount of the payment shall be determined by the Commission, by means of implementing acts, in line with criteria defined in the call for proposals and taking into account the estimated cost of realisation of the project indicated in the application. The maximum prize per project shall not exceed 100 000 euro. 3. Member States shall pay the award to winning applicants after verifying that the project has been completed. The relevant expenditure shall be reimbursed by the Union to Member States in accordance with the provisions of Section 4 of Chapter II of Title IV of Regulation (EU) No HR/2012. Member States may decide to pay fully or partly the sum of the prize to the winning applicants before having verified the completion of the project but they shall, in this case, bear the responsibility for the expenditure until the completion of the project is verified.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 60

Article 60 Rules on the procedure, timetables and setting up of the steering-group The Commission shall by means of implementing acts lay down detailed provisions on the procedure and timetables for the selection of projects and rules on the setting up of the steering group of independent experts referred to in Article 58(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 61 – paragraph 3

3. The EAFRD shall contribute to the aims of the EIP for agricultural productivity and sustainability through support, in accordance with Article 36, of the EIP operational groups referred to in Article 62 ~~and the EIP Network referred to in Article 53~~.

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 63 – paragraph 3

3. Operational groups shall disseminate the results of their project, in particular through ~~the EIP network~~ENRD.

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 64 – paragraph 4 – point b

(b) past performance comprising the allocation by Member State of the commitment appropriations for the 2007– 2013 programming period.

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 64 – paragraph 6

6. For the purposes of the allocation of the performance reserve referred to in Article 20(2) of Regulation (EU) No [CSF/2012], available assigned revenue collected in accordance with Article 45 of Regulation (EU) No HR/2012 for the EAFRD shall be added to the amounts referred to in Article 18 of Regulation (EU) No [CSF/2012]. It shall be allocated to Member States proportionally to their share of the total amount of support from the EAFRD.deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 65 – paragraph 3 – subparagraph 1 – point b – indent 1 (new)

- c) 75 % for all regions whose GDP per capita for the 2007-2013 period was less than 75 % of the average of the EU-25 for the reference period but whose GDP per capita is above 75 % of the GDP average of the EU-27.

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 65 – paragraph 5 a (new)

5 a. At least 25 % of the total EAFRD contribution to the rural development programme shall be reserved for climate change mitigation and adaptation and land management, through the agri- environment-climate, organic farming and payments to areas facing natural or other specific constraints measures.

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 65 – paragraph 6

~~6. An expenditure co-financed by the EAFRD shall not be co-financed by way of a contribution from the Structural Funds, the Cohesion Fund or any other Union financial instrument.~~deleted

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 65 – paragraph 7

7. ~~Public~~An expenditure ~~on aid to enterprises shall comply with the aid limits laid down in respect of State aid, unless this Regulation provides otherwise~~co-financed by the EAFRD shall not be co-financed by way of a contribution from the Structural Funds, the Cohesion Fund or any other Union financial instrument.

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 73 – paragraph 1 – point b

(b) providing the Commission, on a ~~quarte~~yearly basis, with relevant indicator data on operations selected for funding, including key characteristics of the beneficiary as well as the project;

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 82 – paragraph 1

1. By 3~~1 May~~0 June 2016 and by 3~~1 May~~0 June each subsequent year until and including 2023, the Member State shall submit to the Commission an annual implementation report on implementation of the rural development programme in the previous calendar year. The report submitted in 2016 shall cover the calendar years 2014 and 2015.

2012/07/26
Committee: AGRI

2011/0282(COD)

Hynek FAJMON

Proposal for a regulation
Article 85 – subparagraph 1 a (new)

The Commission shall carry out ex post evaluations in close cooperation with the Member States and managing authorities.

2012/07/26
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Recital 15

(15) The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such system should however take into account salaried labour intensity to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States where they were generated and should be used for financing projects with a significant contribution to innovation under Regulation (EU) No […] of the European Parliament and of the Council of….on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR].deleted

2012/07/18
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Recital 16

(16) In order to facilitate the implementation of capping, notably with regard to the procedures for granting direct payments to farmers and the corresponding transfers to rural development, net ceilings should be determined for each Member State to limit the payments to be made to farmers following the application of capping. To take into account the specificities of CAP support granted in accordance with Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union and Council Regulation (EC) No 1405/2006 of 18 September 2006 laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003, and the fact that these direct payments are not subject to capping, the net ceiling for the Member States concerned should not include those direct payments.deleted

2012/07/18
Committee: AGRI

2011/0280(COD)

Janusz WOJCIECHOWSKI, James NICHOLSON, Hynek FAJMON

Proposal for a regulation
Recital 21 a (new)

(21a) Direct payments shall be distributed among Member States in such a way that each Member State receives, as a national ceiling, an amount corresponding to the number of hectares covered by direct- payment claims in 2013 multiplied by the average rate of direct payments in the whole of the European Union in 2013. Member States in which average direct payments per hectare exceed 110% of the average payments across the EU may apply additional payments from its national budget.

2012/07/18
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Recital 21 a (new)

(21a) Direct payments shall be distributed among Member States in such a way that each Member State receives, as an national ceiling, an amount corresponding to the number of hectares covered by direct-payment claims in 2013 multiplied by the average rate of direct payments in the whole of the European Union in 2013. Member States in which average direct payments per hectare exceed 110% of the average payments across the EU may apply additional payments from its national budget.

2012/07/18
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Recital 33

(33) Member States should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to 5 % of their national ceilings for this support, or 10 % in case their level of coupled support in at least one of the years of the period 2010- 2013 exceeded 5 %. However, in duly justified cases where certain sensitive needs in a region are demonstrated, and upon approval by the Commission, Member States should be allowed to use more than 10 establish their own level of support, which shall not exceed 15% of their national ceilings. Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions or to support sectors or types of production that offer significant advantages in terms of environmental improvement, combating climate change or biodiversity. This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per Member State, the Commission should further be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011.

2012/07/19
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 4 – paragraph 1 – point h

(h) ‘permanent grassland’ means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for ~~five~~ten years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage remain predominant;

2012/07/19
Committee: AGRI

2011/0280(COD)

Janusz WOJCIECHOWSKI, James NICHOLSON, Hynek FAJMON

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. Direct payments shall be distributed among Member States in such a way that each Member State receives, as an national ceiling, an amount corresponding to the number of hectares covered by direct-payment claims in 2013 multiplied by the average rate of direct payments in the whole of the European Union in 2013. Member States in which average direct payments per hectare, calculated on the basis of payments in 2013, exceed 110% of the average payments across the EU may apply additional payments from its national budget in an amount not exceeding two- thirds of the difference between the average amount of the direct payments in those countries and the EU average in 2013.

2012/07/19
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. Direct payments shall be distributed among Member States in such a way that each Member State receives, as an national ceiling, an amount corresponding to the number of hectares covered by direct-payment claims in 2013 multiplied by the average rate of direct payments in the whole of the European Union in 2013. Member States in which average direct payments per hectare, calculated on the basis of payments in 2013, exceed 110% of the average payments across the EU may apply additional payments from its national budget in an amount not exceeding two- thirds of the difference between the average amount of the direct payments in those countries and the EU average in 2013.

2012/07/19
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1

Without prejudice to Article 8, the total amount of direct payments which may be granted in a Member State pursuant to Titles III, IV and V in respect of a calendar year, ~~after application of Article 11,~~ shall not be higher than the ceilings set out in Annex III to this Regulation.

2012/07/19
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 7 – paragraph 2

~~2. For each Member State and each year, the estimated product of capping as referred to in Article 11, which is ref~~delected by the difference between the national ceilings set out in Annex II, to which is added the amount available in accordance with Article 44, and the net ceilings set out in Annex III, is made available as Union support for measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No […] [RDR].

2012/07/19
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 9 – paragraph 1 – introductory part

1. No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, wh~~ere one of the following applies:~~ose main purpose of business is not agricultural activities, on the basis of objective and non-discriminatory criteria laid down by the Member State.

2012/07/19
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 9 – paragraph 1 – point a

~~(a) the annual amount of direct payments is less than 5 % of the total receipts they obtained from non-agricultural activities in the most recent fiscal year; or~~deleted

2012/07/19
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) their agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and they do not carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c).deleted

2012/07/19
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 11

Article 11 Progressive reduction and capping of the payment 1. The amount of direct payments to be granted to a farmer under this Regulation in a given calendar year shall be reduced as follows: – by 20 % for the tranche of more than EUR 150 000 and up to EUR 200 000; – by 40 % for the tranche of more than EUR 200 000 and up to EUR 250 000; – by 70 % for the tranche of more than EUR 250 000 and up to EUR 300 000; – by 100 % for the tranche of more than EUR 300 000. 2. The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation. 3. Member States shall ensure that no payment is made to farmers for whom it is established that, as from the date of publication of the Commission proposal for this Regulation, they artificially created the conditions to avoid the effects of this Article.deleted

2012/07/19
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 29 – paragraph 1 – introductory part

1. Farmers entitled to a payment under the basic payment scheme referred to in Chapter 1 ~~shall~~may apply for a payment for agricultural practises beneficial for the climate and the environment, provided they observe on their eligible hectares as defined in Article 25(2) the following agricultural practises beneficial for the climate and the environment:

2012/07/23
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 29 – paragraph 4 a (new)

4 a. Member States may decide that farmers shall be entitled to the payment referred to in this Chapter if they meet one or more of the following criteria: - 100 % certified sustainable farming, - farms participating in determined agro- environmental programmes with at least 50 % of their agricultural area, - farms with at least 50 % of their agricultural area situated in Natura 2000 zones with specific restrictions to agricultural use based on the object of the protection.

2012/07/23
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 29 – paragraph 5

5. The payment referred to in paragraph 1 shall take the form of an annual payment per eligible hectare declared according to Article 26 (1), to farmers who have decided to participate in the payment scheme for agricultural practises beneficial for the climate and the environment, the amount of which shall be calculated annually by dividing the amount resulting from the application of Article 33 (1) by the total number of eligible hectares declared in the Member State concerned according to Article 26.

2012/07/23
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 30 – paragraph 1

1. Where the arable land of the farmer covers more than ~~3 hectares~~1/3 of the average size of agricultural holding of the Member State and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least three different crops. None of those three crops shall cover less than 5 % of the arable land and the main one shall not exceed 70 % of the arable land. This obligation shall not apply to agricultural holdings where the area of grassland covers more than 70 % of the total area of the holding.

2012/07/23
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1

~~Farmers shall maintain as permanen~~Member States shall ensure that agr~~assland the areas of their holdings declared as such in the application ma~~icultural land which was under p~~ursuant to Article 74(1) of Regulation (EU) No XXX (HZ) for claim year 2014, hereinafter referred to as ‘reference areas~~ermanent grassland for claim year 2014 is maintained under permanent grassland’.

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2 a (new)

Farmers shall be allowed to renew their permanent grassland through cultivation. For the purpose of this paragraph, "permanent grassland" means land defined in Article 4(1)(h) which has not been included in the crop rotation of the holding for 10 years or longer.

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 31 – paragraph 3

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland as laid down in the second subparagraph of paragraph 1, ~~the renewal of permanent grassland,~~ the reconversion of agricultural area into permanent grassland in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land.

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 34 – paragraph 3

3. Without prejudice to paragraph 2 and to the application of financial discipline, ~~progressive reduction and capping,~~ linear reduction as referred in Article 7, and any reductions and exclusions imposed pursuant to Article 65 of Regulation (EU) No […] [HZR], the payment referred to in paragraph 1 shall be granted annually per eligible hectare situated in the areas to which Member States decided to grant a payment in accordance with paragraph 2 of this Article and shall be paid upon activation of payment entitlements on those hectares held by the farmer concerned.

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 36 – paragraph 1

1. Member States ~~shall~~may grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 36 – paragraph 3

3. Without prejudice to the application of financial discipline, ~~progressive reduction and capping,~~ linear reductions as referred in Article 7, and any reductions and exclusions imposed pursuant to Article 65 of Regulation (EU) No […] [HZR], the payment referred to in paragraph 1 of this Article shall be granted annually upon activation of payment entitlements by the farmer.

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2

Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, fodder legumes, soya, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat, pork meat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2

Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, pork, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 39 – paragraph 1

1. In order to finance the voluntary coupled support, Member States may decide, by 1 August of the year preceding the first year of implementation of such support, to use up to 15 % of their annual national ceiling set out in Annex II.

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 39 – paragraph 2 – introductory part

2. ~~By way of derogation from paragraph 1, Member States may decide to use up to 10 % of the annu~~Member States should be allowed to establish their own level of support, which shall n~~ational~~ot exceed the ceiling ~~set~~of 15% out lin ~~Annex II provided that:~~ed in (1).

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 39 – paragraph 2 – introductory part

2. By way of derogation from paragraph 1, Member States may decide to use up to 105 % of the annual national ceiling set out in Annex II provided that:

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 39 – paragraph 2 – point a

(a) they applied, until 31 December 2013, the single area payment scheme as laid down in Title V of Regulation (EC) No 73/2009, or financed measures under Article 111 of that Regulation, or are concerned by the derogation provided for in Article 69(5), or, in the case of Malta, in Article 69(1) of that Regulation; and/ordeleted

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 39 – paragraph 2 – point b

(b) they allocated, during at least one year in the period 2010-2013, more than 5 % of their amount available for granting the direct payments provided for in Titles III, IV and V of Regulation (EC) No 73/2009, with the exception of Section 6 of Chapter 1 of Title IV, for financing the measures laid down in Section 2 of Chapter 2 of Title III of Regulation (EC) No 73/2009, the support provided for in points (i) to (iv) of paragraph 1(a) and paragraphs 1(b) and (e) of Article 68 of that Regulation, or the measures under Chapter 1, with the exception of Section 6, of Title IV of that Regulation.deleted

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 39 – paragraph 3

3. By way of derogation from paragraph 2, Member States having allocated during at least one year in the period 2010-2013 more than 10 % of their amount available for granting the direct payments provided for in Titles III, IV and V of Regulation (EC) No 73/2009, with the exception of Section 6 of Chapter 1 of Title IV, for financing the measures laid down in Section 2 of Chapter 2 of Title III of Regulation (EC) No 73/2009, the support provided for in points (i) to (iv) of paragraph 1(a) and paragraphs 1(b) and (e) of Article 68 of that Regulation, or the measures under Chapter 1, with the exception of Section 6, of Title IV of that Regulation may decide to use more than 10 % of the annual national ceiling set out in Annex II upon approval by the Commission in accordance with Article 41.deleted

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 47 – paragraph 2

2. PMember States may decide that payments under the small farmers scheme shall replace the payments to be granted pursuant to Titles III and IV.

2012/07/24
Committee: AGRI

2011/0280(COD)

Hynek FAJMON

Proposal for a regulation
Article 47 – paragraph 4

4. Member States shall ensure that no payment is made to farmers for whom it is established that, as from the date of publication of the Commission proposal for this Regulation, they divide their holding with the sole purpose of benefiting from the small farmers scheme. This shall also apply to farmers whose holdings result from that division.deleted

2012/07/24
Committee: AGRI

2011/0280(COD)

Janusz WOJCIECHOWSKI, James NICHOLSON, Hynek FAJMON

Proposal for a regulation
Annex II

[To be adjusted in accordance with the adoption/rejection of Article 6(1)]

2012/07/25
Committee: AGRI

2008/0103(CNS)

Hynek FAJMON

Proposal for a regulation
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:

2008/09/02
Committee: AGRI

2008/0103(CNS)

Hynek FAJMON

Proposal for a regulation
Article 7 – paragraph 2

2. The reductions referred to in paragraph 1 shall be increased for the: (a) amounts between EUR 100 000 and 199 999 EUR, by 3 percentage points, (b) amounts between EUR 200 000 and 299 999 EUR, by 6 percentage points, (c) amounts of EUR 300 000 or more, by 9 percentage points.deleted

2008/09/02
Committee: AGRI

2008/0103(CNS)

Hynek FAJMON

Proposal for a regulation
Article 8 – paragraph 1

Without prejudice to Article 11, the total net amounts of direct payments which may be granted in a Member State in respect of a calendar year after application of Articles 7 and 10 of this Regulation and Article 1 of Regulation (EC) No 378/2007 shall not be higher than the ceilings set out in Annex IV to this Regulation. Where necessary, Member States shall proceed to a linear reduction of direct payments in order to respect the ceilings set out in that Annex IV.deleted

2008/09/02
Committee: AGRI

2008/0103(CNS)

Hynek FAJMON

Proposal for a regulation
Article 8 – paragraph 2

2. The Commission, in accordance with the procedure referred to in Article 128(2), shall review the ceilings set out in Annex IV in order to take account of: (a) modifications to maximum amounts that may be granted in accordance with the direct payments, (b) modifications to the voluntary modulation referred to in Regulation (EC) No 378/2007, (c) structural changes of the holdings.deleted

2008/09/02
Committee: AGRI

2008/0103(CNS)

Hynek FAJMON

Proposal for a regulation
Article 10 – paragraph 3

~~3. Where reductions referred to in Article 7 apply to farmers in a new Member State no complementary national direct payments as referred to in Article 120 shall be granted to the farmer concerned.~~deleted

2008/09/02
Committee: AGRI