41 Amendments of Åsa WESTLUND related to 2011/0280(COD)
Amendment 45 #
Proposal for a regulation
Recital 9
Recital 9
(9) The adopted rules should ensure that the eligibility of land reflects the unique conditions prevailing in each Member State in terms of both cultivation and utilisation for agricultural purposes and the physical characteristics of the traditional pastures in order to avoid abandonment and maintain biodiversity and landscape features. In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of laying down further definitions regarding the access to support under this Regulation, establishing the framework within which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in the state suitable for production and the criteria to determine the predominance of grasses and other herbaceous forage as regards permanent grassland.
Amendment 69 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
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 years or longer; it may include other species suitable for grazingor features of importance for the characteristics of the traditional pasture provided that the grasses and other herbaceous forage remain predominant;
Amendment 75 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
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, where one of the following appliesMember States may establish appropriate objective and non- discriminatory criteria to ensure that no direct payments are granted to a farmer:
Amendment 77 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
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 yearwhose agricultural activities form only an insignificant part of its overall economic activities; or
Amendment 80 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
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 whose principal business or company objects do not consist of exercising accordance with Article 4(1)(c)n agricultural activity.
Amendment 85 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 88 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 118 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The implementation of this regulation should be consistent with the development cooperation objectives of the Union's Policy Framework for Food Security (COM (2010) 127) with specific regards to ensure that the deployment of CAP measures do not jeopardize the food production capacity and long term food security developing countries and the ability of those populations to feed themselves, while complying with the obligation of Policy Coherence for Development under Article 208 of the Treaty on Functioning of the European Union.
Amendment 119 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to ensure uniform conditions for the implementation of this Regulation and to avoid unfair competition or discrimination between farmers, implementing powers should be conferred on the Commission in respect of: the fixation of the annual national ceiling for the basic payment scheme; the adoption of rules on applications for allocation of payment entitlements; the adoption of measures regarding the reversion of non- activated payment entitlements to the national reserve; the adoption of requirements related to the notification of transfer of payment entitlements to the national authorities and the deadlines within which such notification are to take place; the setting out of the annual ceiling for the payment for agricultural practises beneficial for the climate and the environment; the setting out of the annual ceiling for the payment for areas with natural constraints; the setting out of the annual ceiling for the payment for young farmers; the setting out of the annual ceilings for the voluntary coupled support; the adoption of rules on the procedure for the assessment and approval of decisions in the framework of the voluntary coupled support; the adoption of rules on the procedure of the authorisation and the notifications to the producers related to the authorisation of land and varieties for the purposes of the crop specific payment for cotton; the provision for rules on the calculation of the reduction of the amount of the crop specific payment for cotton; the adoption of rules concerning general notification requirements. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers.
Amendment 217 #
Proposal for a regulation
Recital 22
Recital 22
(22) The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate a national reserve that shouldmay be used to facilitate the participation of young new farmers in the scheme or may be used to take account of specific needs in certain regions. Rules on the transfer and use of payment entitlements should be kept but, where possible, simplified.
Amendment 272 #
Proposal for a regulation
Recital 31
Recital 31
(31) The creation and development of new economic activity in the agricultural sector by young farmers is financially challenging and constitutes an element that shouldmay be considered in the allocation and targeting of direct payments. This development is essential for the competitiveness of the agricultural sector in the Union and, for that reason, an income support to young farmers commencing their agricultural activities shouldmay be established in order to facilitate the initial establishment of young farmers and the structural adjustment of their holdings after the initial setting up. Member States should be ablellowed to use part of their national ceilings for direct payments to grant an annual area-based payment, on top of the basic payment, to young farmers. That payment should only be granted during a period of maximum five years, since it should only cover the initial period of the life of the business and should not become an operating aid.
Amendment 283 #
Proposal for a regulation
Recital 33
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 typeThe decoupling of direct support and the introduction of the single payment scheme were essential elements in the process of fareforming 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 % of their national ceiling. Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions. This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/200the CAP. Experience gained through the application of Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 together with the evolution of the market situation indicates that schemes that were kept outside the single payment scheme in 2013 cand 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 now be integrated into the basic payment scheme to promote more market- oriented and sustainable agriculture.
Amendment 293 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 300 #
Proposal for a regulation
Recital 38
Recital 38
(38) AMember States should be allowed to use part of their national direct payments ceiling to put in place a simple and specific scheme for small farmers should be put in place in order to reduce the administrative costs linked to the management and control of direct support. For that purpose, a lump- sum payment replacing all direct payments should be established. Rules seeking simplification of formalities should be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to cross-compliance and to controls as laid down in Regulation (EU) No […...] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No […...] [HZR] applies to small farmers. The rules on cross compliance shall however still apply to small farmers, as it is important that all farmers in receipt of EU funds, regardless of size of their holdings, adhere to minimum environmental standards. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competitive structures. For that reason, access to the scheme should be limited to existing holdings.
Amendment 318 #
Proposal for a regulation
Recital 43
Recital 43
(43) With a view to strengthening their rural development policy, Member States should be given the possibility to transfer funds from their direct payments ceiling to their support assigned for rural development. At the same time, Member States where the level of direct support remains lower than 90 % of the Union average level of support should be given the possibility to transfer funds from their support assigned for rural development to their direct payments ceiling. Such a choices should be made, within certain limits, once and for the whole period of application of this Regulation.
Amendment 334 #
Proposal for a regulation
Article 1 – paragraph 1 – point b – point iv
Article 1 – paragraph 1 – point b – point iv
(iv) a voluntary payment for young farmers who commence their agricultural activity;
Amendment 343 #
Proposal for a regulation
Article 1 – paragraph 1 – point b – point v
Article 1 – paragraph 1 – point b – point v
Amendment 433 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘permanent grassland’pasture 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 years or longer; it may include other species suitable for grazwhich can be grazed provided that the grasses and other herbaceous forage remaing provided that thedominant; Member States may decide to include land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage aremain predominant traditionally not predominant in grazing areas;
Amendment 561 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
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, where one of the following applies:
Amendment 643 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shallMember States may decide not to apply the first paragraph to farmers who received less than EUR 5 000a certain amount of direct payments for the previous year, this amount shall not be higher than EUR 10 000.
Amendment 660 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States may establish appropriate objective and non discriminatory criteria to ensure that no direct payments are granted to a natural or legal person: (a) whose agricultural activities form only an insignificant part of its overall economic activities; and/or (b) whose principal business or company objects do not consist of exercising an agricultural activity. Entities such as transport companies, airports, real estate companies, companies managing sport grounds, campsite operators and mining companies may not, a priori, be regarded as active farmers or be the beneficiaries of any direct payments whatsoever unless they can prove that they are not covered by the criteria set out in the first subparagraph, points (a) and (b). After having duly notified the Commission, the Member States may decide to add or withdraw other types of entities to those listed in the second subparagraph.
Amendment 696 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 813 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
1. Before 1 August 2013, Member States may decide to make available as additional support for measures under rural development programming financed under the EAFRD as specified under Regulation (EU) No […] [RDR], up to 120 % of their annual national ceilings for calendar years 2014 to 2019 as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments.
Amendment 832 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
Funds transferred as additional support for measures under rural development programming in accordance with subparagraph 1 will not be subject to co- financing.
Amendment 848 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
The percentage notified in accordance with the second subparagraph shallmay gradually increase or be the same for the years referred to in the first subparagraph.
Amendment 853 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 881 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Support under the basic payment scheme shall be available to farmers if they obtain payment entitlements under this Regulation through first allocation pursuant to Article 21, from the national reserve pursuant to Article 23 or by transfer pursuant to Article 27 or obtained under the single payment scheme in accordance with Regulation (EC) 1782/2003 and with Regulation (EC) 73/2009, provided that the payment entitlements have not expired in accordance with paragraph 2. second subparagraph.
Amendment 891 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Payment entitlements obtained under the single payment scheme in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009 shall expire on 31 December 2013. By way of derogation from the first subparagraph, Member States that have made use of article ... in Regulation 1782/2003 or article 47 in Regulation 73/2009 may decide not to let payment entitlements expire.
Amendment 894 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. By way of derogation from paragraph 2, Member States that, on 31 December 2013, operated the single payment scheme on the basis of the regional model laid down in Article 59 of Regulation (EC) No 1782/2003 may decide, by 1 August 2013, to maintain the payment entitlements allocated in accordance with Regulation (EC) No 1782/2003 and/or with Regulation (EC) No 73/2009. Member States taking the decision referred to in the previous subparagraph shall use the national reserve as referred to in Article 23 to allocate, in 2014, payment entitlements to those farmers with eligible hectares for which no payment entitlements were allocated in accordance with Regulation (EC) N° 1782/2003 and/or with Regulation (EC) N° 73/2009, provided they respect the conditions laid down in Article 21(1).
Amendment 913 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall, by means of implementing acts, set the annual national ceiling for the basic payment scheme by deducting from the annual national ceiling established in Annex II the annual amounts to be set in accordance with Articles 33, 35, 37 and 397. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 1648 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Farmers shall be allowed to convert a maximum of 5 % of their reference areas under permanent grassland, unless there are biodiversity and water protection reasons which stand against this conversion. Such examples include conversion on flooding areas, on carbon- rich soils, on protected areas, on precious or sensible soils for water and biodiversity protection. A conversion can be carried out only after submission of an agri- environmental plan or a given written permission. That limit shall not apply in the case of force majeure or exceptional circumstances.
Amendment 1918 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shallmay grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 1953 #
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) who are lessno more than 40 years of age atin the momentyear of submittingssion of the application to the basic payment scheme referred to in point (a).
Amendment 1970 #
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 1
Article 36 – paragraph 5 – subparagraph 1
Member States shall calculate each year the amount of the payment referred to in paragraph 1 by multiplying a figure corresponding to 25 % of the average value of the payment entitlements held by the farmerin that Member State or region by the number of entitlements the farmer has activated in accordance with Article 26(1).
Amendment 1976 #
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2 – introductory part
Article 36 – paragraph 5 – subparagraph 2 – introductory part
When applying the first subparagraph, Member States shall respect the following maximummay choose to limits in the number of activated payment entitlements that are to be taken into account:.
Amendment 2008 #
Proposal for a regulation
Article 38
Article 38
Amendment 2085 #
Proposal for a regulation
Article 39
Article 39
Amendment 2157 #
Proposal for a regulation
Article 40
Article 40
Amendment 2162 #
Proposal for a regulation
Article 41
Article 41
Amendment 2188 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Amendment 2272 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
In order to finance the payment referred to in this Title, Member States shall deduct the amounts corresponding to the amounts to which the small farmers would be entitled as a basic payment referred to in Chapter 1 of Title III, as a payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III and, where applicable, as a payment for areas with natural constraints referred to in Chapter 3 of Title III, and as a payment for young farmers referred to in Chapter 4 of Title III and as coupled support referred to in Title IV from the total amounts available for the respective payments.