[ParlTrack]

Elisabeth KÖSTINGER, Albert DESS

Proposal for a regulation Article267– paragraph1– point4 Regulation (EU) No 1305/2013
Article 17 – paragraph 1 – point b

(b) concern the processing, marketing and/or development of agricultural products covered by Annex I to the TFEU or cotton, except fishery products; the output of the production process may be a product not covered by that Annex; where support is provided in the form of financial instruments, the input may also be a product not covered by Annex I to the TFEU on condition that the investment contributes to one or more of the Union priorities for rural development; JustificationRural development involves programmes which are designed to secure the future of rural areas and the farming industry. This basic strategy must not be undermined by the omnibus regulation. Any move to extend the scope of investment support to cover non- agricultural products should therefore be rejected, otherwise rural development programmesOr. de would lose their close connection with agriculture.

2017/03/28
Committee: AGRI

Elisabeth KÖSTINGER, Albert DESS

Proposal for a regulation
Article 267 – paragraph 1 – point 5 – point c

Regulation (EU) No 1305/2013
Article 19 – paragraph 5

(5) 5. Support under point (a) of paragraph 1 shall be paid in a~~t least two~~ single instalments. ~~Instalments may be degressive. The payment of the last instalment under points (a)(i) and (a)(ii) of paragraph 1 shall be conditional upon the correct~~Payment shall be conditional upon the correct implementation of the business plan and shall be made, in any event, within one year following the full implementation of the business plan.;

2017/03/28
Committee: AGRI

Paolo DE CASTRO, Albert DESS

Proposal for a regulation
Article 267 – paragraph 1 – point 11 – point a

Regulation (EU) No 1035/2013
Article 45 – paragraph 5

5. W~~orking capital that is ancillary to, and linked to a new investment, which receives EAFRD support~~here support is provided through a financial instrument established in accordance with Article 37 of Regulation (EU) No 1303/2013, working capital may be eligible expenditure. Such eligible expenditure shall not exceed EUR 200 000 or 30 % of the total amount of the eligible expenditure for the investment~~. The relevant request shall be duly substantiated~~, whichever is the higher.

2017/03/28
Committee: AGRI

Elisabeth KÖSTINGER, Albert DESS

Proposal for a regulation
Article 267 – paragraph 1 – point 14 – point a

Regulation (EU) No 1305/2013
Article 60 – paragraph 1

1. By way of derogation from Article 65(9) of Regulation (EU) No 1303/2013, in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events or a significant and sudden change in the socio-economic conditions of the Member State or region, including significant and sudden demographic changes resulting from migration or reception of refugees, the rural development programmes may provide that eligibility of expenditure relating to programme changes may start from the date when the event occurred.deleted

2017/03/28
Committee: AGRI

Elisabeth KÖSTINGER, Albert DESS

Proposal for a regulation
Article 267 – paragraph 1 – point 16

Regulation (EU) No 1305/2013
Article 74 - point a

(a) be consulted and shall issue an opinion, before publication of the relevant call for proposals, on the selection criteria for financed operations, which shall be revised according to programming needs;.deleted

2017/03/28
Committee: AGRI

Albert DESS, Elisabeth KÖSTINGER

Proposal for a regulation
Article 268 – paragraph 1 – point 5 c (new)

Regulation (EU) No 1306/2013
Annex II – Public health – Identification and registration of animals – SMR 6–8

5c. In Annex II, Public health animal health and plant health, Identification and registration of animals, SMR 6,7 and 8 are deleted

2017/03/28
Committee: AGRI

Albert DESS, Elisabeth KÖSTINGER

Proposal for a regulation
Article 268 – paragraph 1 – point 5 d (new)

Regulation (EU) No 1306/2013
Annex II – Public health – Plan protection products – SMR 10

5d. In Annex II, Public health, animal health and plant health, Plan protection products, SMR 10 is deleted

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 269 – paragraph 1 – point 3 a (new)

Regulation (EU) No 1307/2013
Article 46 – paragraph 9a (new)

3a. In Article 46, the following paragraph is added: 9a. The following criteria shall apply under this article: (a) For the qualification of the types of areas listed in the first subparagraph of Article 46(2) of Regulation (EU) No 1307/2013 as ecological focus areas, paragraphs 2 to 11 of this Article shall apply. (b) On land lying fallow there shall be no agricultural production. Member States shall specify a period in a given calendar year during which land must lie fallow. By way of derogation from Article 4(1)(h) of Regulation (EU) No 1307/2013, land lying fallow for the purpose of fulfilling the ecological focus area for more than five years shall remain arable land. (c) Terraces shall be terraces that are protected under GAEC 7 as referred to in Annex II to Regulation (EU) No 1306/2013 as well as other terraces. Member States may decide to consider as ecological focus areas only terraces protected under GAEC 7. (d) Landscape features shall be at the disposal of the farmer and shall be those that are protected under GAEC 7, SMR 2 or SMR 3 as referred to in Annex II to Regulation (EU) No 1306/2013 and/or one or more of the following features: (i) hedges, wooded strips or trees in line; (ii) isolated trees; (iii) wooded strips, including trees, shrubs or stones; (iiii) ponds and reservoirs made of concrete or plastic shall not be regarded as ecological focus areas; (iv) ditches, including open watercourses for the purpose of irrigation or drainage. Channels with concrete walls of shall not be considered ecological focus areas. (v) traditional stone walls. Member States may decide to limit the selection of landscape features to those under GAEC 7, SMR 2 or SMR 3 as referred to in Annex II to Regulation (EU) No 1306/2013 and/or to one or more of those listed in point (a) to (f) of the first subparagraph. In the case of hedges, wooded strips and trees in line and ditches, as referred to in points (a) and (e) of the first subparagraph, the ecological focus area shall be regarded as having maximum width of 10 meters. In the case of field copses and ponds, as referred to in points (c) and (d) of the first subparagraph, the ecological focus area shall be regarded as having a maximum area of 0.3 hectares. For the purposes of point (d) of the first subparagraph, Member States may set a minimum size for ponds. If there is riparian vegetation along the water, the area in question shall be included when calculating the size of the ecological focus area. Member States may establish criteria to ensure that ponds are of natural value, taking into account the role that natural ponds play for the conservation of habitats and species. For the purposes of point (f) of the first subparagraph, Member States shall establish minimum criteria based on national or regional specificities, including limits to the dimensions of height and width. (e) Buffer strips and field margins shall mean all buffer strips and field margins, including buffer strips along water courses required under GAEC 1, SMR 1 or SMR 10 as referred to in Annex II to Regulation (EU) No 1306/2013 or field margins protected under GAEC 7 or SMR 2 or SMR 3 as referred to in the same annex. Member States may not restrict the selection of buffer strips and field margins to those required under the cross-compliance rules referred to in subparagraph 1. The minimum width of buffer strips and field margins defined as ecological focus areas shall be established by the Member States, but it shall not be below 1 meter. Along watercourses, areas covered by riparian vegetation may be included in the ecological focus area. On buffer strips and field margins there shall be no agricultural production. In the case of buffer strips and field margins which are not required or protected under GAEC 1, GAEC 7, SMR 1, SMR 2, SMR 3 or SMR 10 as referred to in Annex II to Regulation (EU) No 1306/2013, the ecological focus area shall have a maximum width of 20 meters. For the purposes of the second sentence of the second subparagraph of Article 46(2) of Regulation (EU) No 1307/2013, the areas referred to in paragraphs 4 and 5 of this article shall be regarded as adjacent areas or features if they are adjacent to ecological focus areas which are immediately adjacent to the arable land worked by the farm. (f) Hectares of agro-forestry shall be arable land eligible for the basic payment scheme or the single area payment scheme referred to in Chapter 1 of Title III of Regulation (EU) No 1307/2013 and fulfilling the conditions for which support under Article 44 of Regulation (EC) No 1698/2005 or Article 23 of Regulation (EU) No 1305/2013 was or is granted. (g) As regards strips of eligible hectares along forest edges Member States may decide either to allow agricultural production or to establish a requirement of no agricultural production, or to provide the two options for farmers. The minimum width of those strips shall be established by the Member States, but it shall not be below 1 meter. The area regarded as ecological focus area shall have a maximum width of 10 meters where Member States decide to allow agricultural production and 20 meters where Member States decide not to allow agricultural production. (h) For areas with short rotation coppice with no use of mineral fertiliser and/or plant protection products, Member States shall establish a list of species that can be used for this purpose, by selecting from the list established pursuant to Article 4(2)(c) of Regulation (EU) No 1307/2013 the species that are most suitable from an ecological perspective, thereby excluding species that are clearly not indigenous Member States shall also establish the requirements as regards the use of mineral fertilisers and plant protection products, keeping in mind the objective of ecological focus areas in particular to safeguard and improve biodiversity. (i) Areas under catch crops or green cover shall include such areas established pursuant to the requirements under SMR 1 as referred to in Annex II to Regulation (EU) No 1306/2013 as well as other areas under catch crops or green cover, on the condition that they were established by sowing a mixture of crop species or by under-sowing grass or leguminous crops in the main crop. If the areas are under mixtures of crop species, Member States shall draw up the list of mixtures of crop species to be used and the period, at national, regional, subregional or farm level, for the sowing of catch crops or green cover. That period shall be at least eight weeks. Member States may establish additional conditions notably with regard to production methods. Areas under catch crops or green cover shall not include areas under winter crops which are normally sown in autumn for harvesting or for grazing. They shall also not include the areas covered with equivalent practices mentioned in points I.3 and 4 of Annex IX to Regulation (EU) No 1307/2013. (j) On areas with nitrogen-fixing crop, farmers shall grow those nitrogen-fixing crops which are included in a list established by the Member State. That list shall contain the nitrogen-fixing crops that the Member State considers as contributing to the objective of improving biodiversity. Those crops shall be present during the growing season. Member States shall establish rules on where nitrogen-fixing crops qualifying as an ecological focus area may be grown. These rules shall take into account the need to meet the objectives of Directive 91/676/EEC and Directive 2000/60/EC, given the potential of nitrogen-fixing crops to increase the risk of nitrogen leaching in the autumn. Member States may establish additional conditions notably with regard to production methods. Areas with nitrogen-fixing crop shall not include the areas covered with equivalent practices mentioned in points I.3 and 4 of Annex IX to Regulation (EU) No 1307/2013 and implemented via commitments referred to in Article 43(3)(a) of that Regulation. The requirements laid down under GAEC 4 as referred to in Annex II to Regulation (EU) No 1306/2013 notwithstanding, for the purposes of paragraphs 2, 5 and 7 ‘no agricultural production’ shall mean no agricultural activity as defined in Article 4(1)(c)(i) of Regulation (EU) No 1307/2013. Measures to create green cover for biodiversity purposes, including the sowing of wild flower mixtures. By way of derogation from the no production requirement, for the purposes of paragraphs 5 and 7 Member States may allow cutting or grazing without production of buffer strips or field margins and of eligible hectares at the edge of wooded areas, provided that the strip remains distinguishable from adjacent agricultural land. The use of plant protection products shall be prohibited on all areas referred to in paragraphs 2 and 9 and on areas used for agricultural production as referred to in paragraph 7. In areas as referred to in paragraph 9 established by under-sowing grass or leguminous crops in the main crop, the ban shall apply from the date on which the main crop is harvested for a period of at least eight weeks or until the next main crop is sown. (k) A farmer may declare the same area or landscape feature only once in one claim year for the purpose of complying with the ecological focus area requirement.

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 269 – paragraph 1 – point 3 b (new)

Regulation (EU) No 1307/2013
Article 46 – paragraph 9

3b. In Article 46, paragraph 9 is deleted.

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 269 – paragraph 1 – point 4

Regulation (EU) No 1307/2013
Article 50 – paragraph 9

~~4. in Article 50, paragraph 9 is~~ deleted;

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 269 – paragraph 1 – point 4 b (new)

Regulation (EU) No 1307/2013
Article 50 – paragraph 9

~~“(9)~~ 4b. In Article 50, paragraph 9 is replaced by the following: “Member States shall set a single maximum limit applicable to the number of payment entitlements activated by the farmer or to the number of eligible hectares declared by the farmer. Th~~at limit shall not be below 25 or above 9~~e maximum limit value shall not exceed 120. Member States shall respect that limit when applying paragraphs 6, 7 and 8.” ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1307&rid=1)~~Or. de

2017/03/28
Committee: AGRI

Albert DESS, Hannu TAKKULA

Proposal for a regulation
Article 269 – paragraph 1 – point 5 a (new)

Regulation (EU) No 1306/2013
Article 75 – paragraph 1 – subparagraph 4

5a. In Article 75(1), the fourth subparagraph is replaced by the following: “With regard to support granted under rural development, as referred to in Article 67(2), this paragraph shall apply in respect of the aid applications or payment claims submitted from claim year 201820, except as regards the payment of advances of up to 75 % provided for in the third subparagraph of this paragraph.” ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1306&rid=1)~~Or. de

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 269 – paragraph 1 – point 6 b (new)

Regulation (EU) No 1307/2013
Article 63 – paragraph 1 – point b

6b. In Article 63(1), point (b) is replaced by the following: “(b) an amount corresponding to the national average payment per hectare multiplied by a figure corresponding to a number of hectares not exceeding ten, to be set by the Member States. The national average payment per hectare shall be established by the Member States on the basis of the national ceiling set out in Annex II for calendar year 2019 and the number of eligible hectares declared in accordance with Article 33(1) or Article 36(2) in 2015. The amount referred to in points (a) or (b) of the first subparagraph shall not be lower than EUR 500 and shall not be higher than EUR 1 2500.” ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1307&rid=1)~~Or. de

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 269 – paragraph 1 – point 6 c (new)

Regulation (EU) No 1307/2013
Article 70 – paragraph 2

6c. In Article 70(2) is replaced by the following: “(2) The power to adopt delegated acts referred to in Article 2, Article 4(3), Article 6(3), Article 7(3), Article 8(3), Article 9(5), Article 20(6), Article 35, Article 36(6), Article 39(3), Article 43(12), Article 44(5), Article 45(5) and (6), ~~Article 46(9),~~ Article 50(11), Article 52(9), Article 57(3), Article 58(5), Article 59(3), Article 64(5), Article 67(1) and (2) and Article 73 shall be conferred on the Commission for a period of seven years from 1 January 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.” ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1307&rid=1)~~Or. de

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 269 – paragraph 1 – point 6 d (new)

Regulation (EU) No 1307/2013
Article 70 – paragraph 3

“6d. Article 70(3) is replaced by the following: “(3) The delegation of power referred to in Article 2, Article 4(3), Article 6(3), Article 7(3), Article 8(3), Article 9(5), Article 20(6), Article 35, Article 36(6), Article 39(3), Article 43(12), Article 44(5), Article 45(5) and (6), ~~Article 46(9),~~ Article 50(11), Article 52(9), Article 57(3), Article 58(5), Article 59(3), Article 64(5), Article 67(1) and (2) and Article 73 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.” ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1307&rid=1)~~Or. de

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 269 – paragraph 1 – point 6 e (new)

Regulation (EU) No 1307/2013
Article 70 – paragraph 5

“6e. Article 70(5) is replaced by the following: “(5) A delegated act adopted pursuant to Article 2, Article 4(3), Article 6(3), Article 7(3), Article 8(3), Article 9(5), Article 20(6), Article 35, Article 36(6), Article 39(3), Article 43(12), Article 44(5), Article 45(5) and (6), ~~Article 46(9),~~ Article 50(11), Article 52(9), Article 57(3), Article 58(5), Article 59(3), Article 64(5), Article 67(1) and (2) and Article 73 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.” ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1307&rid=1)~~Or. de

2017/03/28
Committee: AGRI

Albert DESS, Peter JAHR, Ulrike MÜLLER, Jens GIESEKE, Norbert LINS

Proposal for a regulation
Article 269 – paragraph 1 a (new)

Regulation (EU) No 1307/2013
Article 4 – paragraph 1 – point f

In Article 4 (1), this point is replaced by the following: “ “(f) “arable land” means land cultivated for crop production or areas available for crop production but lying fallow, including areas set aside in accordance with Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, with Article 39 of Regulation (EC) No 1698/2005 and with Article 28 of Regulation (EU) No 1305/2013, irrespective of whether or not that land is under greenhouses or under fixed or mobile cover;” it may include, where Member States so decide, all areas lying fallow and covered by grasses or other herbaceous forage that were agricultural areas but not permanent grassland at the time of being left to lie fallow for the first time;”“ Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32013R1307&from=EN)

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 269 – paragraph 1 a (new)

Regulation (EU) No 1307/2013
Article 4 – paragraph 1 – point c – subpoint i

In Article 4(1)(c), subpoint (i) is replaced by the following: “production, rearing or, growing o~~f agricultural products~~r storage of essential agricultural products and means of production, including harvesting, milking, breeding animals, and keeping animals for farming purposes,” ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1307&rid=3)~~Or. de

2017/03/28
Committee: AGRI

Albert DESS, Peter JAHR, Ulrike MÜLLER, Jens GIESEKE, Norbert LINS

Proposal for a regulation
Article 269 – paragraph 1 b (new)

Regulation (EU) No 1307/2013
Article 4 – paragraph 1 – point h

In Article 4(1), this point is replaced by the following: “ “(h) “permanent grassland and permanent pasture” (together referred to as “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 more; it may include other species such as shrubs and/or trees which can be grazed provided that the grasses and other herbaceous forage remain predominant as well as, where Member States so decide, land which can be grazed and ~~which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas;”~~ , where Member States so decide, other sources of non-forage animal feed provided that the grasses and other herbaceous forage remain predominant as well as, where Member States so decide: (i) land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas, and/or (ii) land which can be grazed where grasses and other herbaceous forage are not predominant, or absent, in grazing areas; For the purpose of this definition Member States may decide that the following practices are crop rotations: (i) the seeding of grasses or other herbaceous forage on an area after removal of a prior cover of grass or other herbaceous forage if the new cover is established by species or a mix of species other than the prior cover, or (ii) the seeding of grasses or other herbaceous forage on an area directly or after removal of a prior cover of grass or other herbaceous forage;”“ Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32013R1307&from=EN)

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 270 – paragraph 1 – point 3 b (new)

Regulation (EU) No 1308/2013
Article 148 – paragraph 4 – subparagraph 2 – point a

3 b. In Article 148 (4), paragraph 2, point a is replaced by the following: “ (a) where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish: i) the obligation to agree on a relationship between a certain quantity delivered and the price payable for this delivery; ii) a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market;” ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1308&rid=1)~~Or. en

2017/03/28
Committee: AGRI

Albert DESS

Proposal for a regulation
Article 270 – paragraph 1 – point 3 a (new)

Regulation (EU) No 1308/2013
Article 148 – paragraph 4 – subparagraph 2 – introductory part

3 a. In Article 148 (4), subparagraph 2, the introductory part is replaced by the following: “Notwithstanding the first subparagraph, ~~one or both~~all of the following shall apply:” ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1308&rid=1)~~Or. en

2017/03/28
Committee: AGRI

21 Amendments of Albert DESS related to 2016/0282(COD)

ParlTrack - 2011-2024