Activities of Luis Manuel CAPOULAS SANTOS related to 2011/0280(COD)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy PDF (1 MB) DOC (1 MB)
Amendments (40)
Amendment 1 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) "“permanent grassland" and permanent pasture” means land used to grow grassfor forage herbaceous plants, shrubs and/or trees or any other herbaceous foragespecies suitable for grazing, naturally (self-seeded) or through cultivation (sown), and that hais not been included in the crop rotation of the holding and not ploughed for fiseven years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage remain predominantfeatures of importance for the characterisation of the land as permanent pasture;
Amendment 2 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 3 #
Proposal for a regulation
Article 9
Article 9
Amendment 4 #
Proposal for a regulation
Article 14
Article 14
Article 14 Article 14 Flexibility between pillars Flexibility between pillars 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 10 5% 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. The decision referred to in the first subparagraph shall be notified to the Commission by the date1a. Member States may add unallocated funds from the application of Article 33 to the transfers in favour of rural development measures referred to in that sube first paragraph. The percentage notified in accordance with the second subparagraph shall be the same for the years referred to in the first subparagraph. in the form of Union support to agri-environment-climate measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No […] [RDR] 2. Before 1 August 2013, Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may decide to make available as direct payments under this Regulation up to 5 10% of the amount allocated to support for measures under rural development programming financed under the EAFRD in the period 2015-2020 as specified under Regulation (EU) No […] [RDR]. As a result, the corresponding amount shall no longer be available for support measures under rural development programming. The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph. The percentage notified in accordance with the second subparagraph shall be the same for the years referred to in the first subparagraph of paragraph 12a. In the case of regional implementation, different percentage rates may be applied to each region. 2b. Member States may decide, by 1 August 2015 or 1 August 2017, to review their decisions referred to in this Article with effect from the subsequent year.
Amendment 5 #
Proposal for a regulation
Article 18
Article 18
Article 18 Article 18 Payment entitlements Payment entitlements 1. Support under the basic payment scheme shall be available to farmers if they obtain payment entitlements under this Regulation through allocation pursuant to Article 17b(4), first allocation pursuant to Article 21, from the national reserve pursuant to Article 23 or by transfer pursuant to Article 27. 2. Payment entitlements obtained under the single payment schemeBy way of derogation from the first paragraph, Member States that, on 31 December 2013, are operating: - the single payment scheme on the basis of the regional model laid down in Article 59 of Regulation (EC) N° 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 shall expire on 31 December 2013. , - the single area payment scheme may, by 1 August 2013, decide to keep their existing scheme as a transitional system until 31 December 2020. Or. en (Le début du paragraphe 2 du COM se retrouve dans le 1er alinéa du 2 de l'AM.)
Amendment 6 #
Proposal for a regulation
Article 19
Article 19
Article 19 Article 19 Basic payment scheme ceiling Basic payment scheme ceiling 1. The Commission shall, by means of adopt implementing acts, setting for each Member State, 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 39. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2). 2. For each Member State and each year, the total value of all allocated payment entitlements and the national reserve shall equal the respective national ceiling adopted by the Commission pursuant to paragraph 1. 3. In case of modification of the ceiling adopted by the Commission pursuant to paragraph 1 as compared to the previous year, a Member State shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 2. The first subparagraph shall not apply where such a modification is due to the application of Article 17b(2).
Amendment 7 #
Proposal for a regulation
Article 20
Article 20
Article 20 Article 20 Regional allocation of the national ceilings ceilings 1. Member States may decide, before 1 August 2013, to apply the basic payment scheme at regional level. In that case they shall define the regions in accordance with objective and non-discriminatory criteria such as their agronomic and , environmental and socio-economic characteristics and their regional agricultural potential, or their institutional or administrative structure. 2. Member States shall divide the national ceiling referred to in Article 19(1) between the regions in accordance with objective and non-discriminatory criteria. 3. Member States may decide that the regional ceilings shall be subject to annual progressive modifications in accordance with pre-established annual steps and objective and non-discriminatory criteria such as the agricultural potential or environmental criteria. 4. To the extent necessary to respect the applicable regional ceilings determined in accordance with paragraph 2 or 3, Member States shall make a linear reduction or increase in the value of the payment entitlements in each of their regions. 5. The Member States shall notify the Commission by 1 August 2013 of the decision referred to in paragraph 1, together with the measures taken for the application of paragraphs 2 and 3.
Amendment 8 #
Proposal for a regulation
Article 21
Article 21
Article 21 Article 21 First allocation of payment entitlements 1. Subject to paragraph 2 of this Article, and without prejudice to Article 18(2), payment entitlements shall be allocated to farmers if they apply for allocation of payment entitlements under the basic payment scheme by 15 May 2014 except in case of force majeure and exceptional circumstances. 2. Farmers who,: - in 2011any of one of the three years 2009, 2010 or 2011, to be chosen by Member States, or in the case of Croatia in 2013, activated at least one payment entitlement under the single payment scheme or claimed support under the single area payment scheme, both in accordance with Regulation (EC) No 73/2009, or - in 2012 received payment entitlements under Article 41 and 63 of Regulation (EC) No 73/2009 or - submitted evidence of active farm production and who reared or grew agricultural products including harvesting, milking, breeding animals or kept animals for farming purposes in 2011, shall receive payment entitlements the first year of application of the basic payment scheme provided they are entitled to be granted direct payments in accordance with Article 9. By way of derogation from the first subparagraph, farmers shall receive payment entitlements the first year of application of the basic payment scheme, provided they are entitled to be granted direct payments in accordance with Article 9 and that in 2011: (a) under the single payment scheme, they did not activate any entitlement but produced exclusively fruits, vegetables, seed and ware potatoes, ornamental crops and/or cultivated exclusively vineyard; (b) under the single area payment scheme, they did not claim any support and had only agricultural land that was not in good agricultural conditions on 30 June 2003 as provided for in Article 124(1) of Regulation (EC) No 73/2009, Except in the case of force majeure or exceptional circumstances, the number of payment entitlements allocated per farmer shall be equal to the number of eligible hectares, within the meaning of Article 25(2), the farmer declares in accordance with Article 26(1) for 2014. 3. In case of sale, merger, scission or lease of their holding or part of it, natural or legal personfarmers complying with paragraph 2 may, by contract signed before 15 May 2014, transfer the right to receive payment entitlements as referred to in paragraph 1 to only onthe farmers receiving the holding or part of it provided that the latter compliesy with the conditions laid down in Article 9. 4. The Commission shall, by means of implementing acts, adopt rules on applications for allocation of payment entitlements submitted in the year of allocation of payment entitlements where those payment entitlements may not be definitively established yet and where that allocation is affected by specific circumstances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2). (Le premier paragraphe du paragraphe 2 du COM a été divisé dansOr. en date 2011 jusqu'au Règlement (EC) n°73/2009, le texte se trouve dans le premier alinéa nouveau et la suite après le 2eme alinéa nouveau de l'amendement. Après la )
Amendment 9 #
Proposal for a regulation
Article 22
Article 22
Article 22 Article 22 Value of payment entitlements and convergence convergence 1. For each relevant year, the unit value of payment entitlements shall be calculated by dividing the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1), by the number of payment entitlements allocated at national or regional level according to Article 21(2) for 2014. 2. Member States which applied the single payment scheme as provided for in Regulation (EC) No 73/2009, may limit the calculation of the unit value of payment entitlements provided for in paragraph 1 to an amount corresponding to no less than 410 % of the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1). 3. Member States making use of the possibility provided for in paragraph 2 shall use the part of the ceiling which remains after the application of that paragraph to increase the value of payment entitlements in cases where the total value of payment entitlements held by a farmers under the basic payment scheme calculated according to paragraph 2 is lower than the total value of payment entitlements, including special entitlements, he held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009. To this end, the national or regional unit value of each of the payment entitlement of the farmer concerned shall be increased by a share of the difference between the total value of the payment entitlements under the basic payment scheme calculated according to paragraph 2 and the total value of payment entitlements, including special entitlements, which the farmer held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009. For the calculation of the increase, a Member State may also take into account the support granted in calendar year 2013 pursuant to Articles 52, 53(1), and 68(1)(b), of Regulation (EC) No 73/2009 provided that the Member State has decided not to apply the voluntary coupled support pursuant to Title IV of this Regulation to the relevant sectors. For the purpose of the first subparagraph, a farmer is considered to hold payment entitlements on 31 December 2013 where payment entitlements were allocated or definitively transferred to him by that date. 4. For the purposes of paragraph 3, a Member State may, on the basis of objective criteria, provide that, in cases of sale or grant or expiry of all or part of a lease of agricultural areas after the date fixed pursuant to Article 35 of Regulation (EC) No 73/2009 and before the date fixed pursuant to Article 26 of this Regulation, the increase, or part of the increase, in the value of payment entitlements that would be allocated to the farmer concerned shall revert to the national reserve where the increase would lead to a windfall profit for the farmer concerned. Those objective criteria shall be established in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions and shall include, at least, the following: (a) a minimum duration for the lease; (b) the proportion of the payment received which shall revert to the national reserve. 5. As of claim year 2019 at the latest, all payment entitlements in a Member State or, in case of application of Article 20, in a region,: (a) shall have a uniform unit value; (aa) may deviate from the average unit value by up to 20%. When applying paragraphs 2, 3 and 5, Member States may take measures to ensure that, where payment entitlements at farm level are reduced, the level of those entitlements activated in 2019 is not more than 30% below that of 2014. 6. When applying paragraphs 2 and 3, Member States, acting in compliance with the general principles of Union law, shall move towards approximating the value of the payment entitlements at national or regional level. To this end, Member States shall fix the steps to be taken by 1 August 2013. Those steps shall include annual progressive modifications of the payment entitlements in accordance with objective and non-discriminatory criteria. The steps referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph. (La fin de la phrase du paragraphe 5 du COM est Or. en l'amendevmenu (a) dans le paragraphe 5 det.)
Amendment 10 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 11 #
Proposal for a regulation
Article 23
Article 23
Article 23 Article 23 Establishment and use of the national reserve reserve 1. Each Member State shall establish a national reserve. For that purpose, in the first year of application of the basic payment scheme, Member States shall proceed to a linear percentage reduction of the basic payment scheme ceiling at national level in order to constitute the national reserve. TFor the year 2014, this reduction shall not be higher than 3 % except, if required, to cover the allocation needs laid down in paragraph 4 for . For further year 2014s, Member States may set every year the ceiling of reduction on the basis of the allocation needs. 2. Member States may administer the national reserve at regional level. 3. Member States shall establish payment entitlements from the national reserve in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions. 4. Member States shall use the national reserve to allocate payment entitlements, as a matter of priority, to young farmers and new farmers who commence their agricultural activity. For the purposes of the first subparagraph, ‘young farmers who commence their agricultural activity’ means farmers fulfilling the conditions laid down in Article 36(2) that did not have any agricultural activity in their own name and at their own risk or did not have the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the new agricultural activity. In case of a legal person, the natural person(s) who has the control of the legal person must not have had any agricultural activity in his own name and at his own risk or must not have had the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the agricultural activity by the legal person. 5. Member States may use the national reserve to: (a) allocate payment entitlements to farmers in areas subject to restructuring and/or development programmes relating to a form of public intervention in order to prevent land from being abandoned and/or to compensate farmers for specific disadvantages in those areas; For the purposes of the first subparagraph, 'new farmers who commence their agricultural activity' means natural persons who have never been attributed entitlements. Member States may determine additional objective and non-discriminatory criteria that new farmers shall fulfil as regards, in particular, appropriate skills, experience and/or training requirements. 5. Member States may use the national reserve to: (a) allocate payment entitlements to farmers in areas subject to restructuring and/or development programmes relating to a form of public intervention in order to prevent land from being abandoned and/or to compensate farmers for specific disadvantages in those areas; (aa) allocate payment entitlements to farmers whose holding is situated in a Member State which has decided to use the option laid down in Article 18(2) and who did not obtain a payment entitlement in accordance with Regulation (EC) N° 1782/2003 or Regulation (EC) N° 73/2009 or both of them, when they declare eligible agricultural areas for the year 2014; (ab) allocate payment entitlements to farmers who began their agricultural activity after 2011 and who operate in specific agricultural sectors to be defined by Member States on the basis of objective and non-discriminatory criteria; (ac) increase the value of payment entitlements under the basic payment scheme up to the national or regional average unit value of payment entitlements to farmers who as a result of the transition to the basic payment scheme are placed in a special situation by virtue of the low value of their historical payment entitlements held under the single payment scheme in accordance with Regulation (EC) No 73/2009, or who held special entitlements on 31 December 2013; (ad) grant farmers, on an annual basis, compensation – which may be increased by an additional payment for small farmers – for the removal of the EUR 5000 allowance provided for in Article 7(1) of Regulation (EC) No 73/2009. (b) linearly increase the value of payment entitlements under the basic payment scheme at national or regional level if the national reserve exceeds 3 % in any given year, provided that sufficient amounts remain available for allocations under paragraph 4, under point (a) of this paragraph and under paragraph 7. However, when increasing the value of payment entitlements under this point. Member States may decide to apply an alternative method to the linear method. 6. When applying paragraphs 4 and 5(a), Member States shall establish the value of payment entitlements allocated to farmers on the basis of the national or regional average value of payment entitlements in the year of allocation. 7. Where a farmer is entitled to receive payment entitlements or increase the value of the existing ones by virtue of a definitive court’s ruling or by virtue of a definitive administrative act of the competent authority of a Member State, the farmer shall receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the Member State. However, this date shall not be later than the latest date for lodging an application under the basic payment scheme following the date of the court’s ruling or the administrative act, taking into account the application of Articles 25 and 26.
Amendment 12 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3 a (new)
Article 25 – paragraph 2 – subparagraph 3 a (new)
For the purposes of point (a) of the first subparagraph, Member States may apply, according to objective and non- discriminatory criteria, a reduction coefficient for areas with lower yield potential or specific productions when determining the size of the area.
Amendment 13 #
Proposal for a regulation
Chapter 1 a (new)
Chapter 1 a (new)
CHAPTER 1A COMPLEMENTARY PAYMENT FOR THE FIRST HECTARES Article 28a General rules 1. Member States may decide to grant a complementary annual payment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1. 2. Member States shall determine the number of first hectares eligible for this provision, which shall correspond to the number of entitlements activated by the farmer in accordance with Article 26(1), up to a limit of 50 ha. 3. In order to finance this provision, Member States shall use an amount up to a maximum of 30% of their annual national ceiling set out in Annex II. 4. Member States shall calculate each year the amount of complementary payment for the first hectares by dividing the amount referred to in paragraph 3 by the total number of hectares benefiting from this payment. 5 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 benefit from the payment referred to in this Article. 6. Member States shall notify the Commission, by 1 August 2013, of their decisions referred to in paragraphs 1, 2 and 3.
Amendment 14 #
Proposal for a regulation
Article 29
Article 29
Amendment 15 #
Proposal for a regulation
Article 29
Article 29
1. Farmers entitled to a payment under the basic payment scheme referred to in Chapter 1 shall observe on their eligible hectares as defined in Article 25(2) the followingbe granted an additional annual payment for agricultural practisces beneficial for the climate and the environment: (a) to have three different crops on their arable land where the arable land of the farmer covers more than 3 hectares and is not entirely used for grass production (sown or natural), entirely left when they observe, as appropriate, on their eligible hectares as defined in Article 25(2) the faollow or entirely cultivated with crops under water for a significant part of the yearing practices: (a) crop diversification; (b) to maintaining existing permanent grassland on their holding; andand permanent pasture; (c) to haveing ecological focus area on their agricultural area. 2. Without prejudice to paragraphs 3, 4 and 4a and to the application of financial discipline, and linear reductions in accordance with Article 7, and any reductions and penalties imposed pursuant to Regulation (EU) No […] [HZR], Member States shall grant the payment referred to in this Chapter to farmers observing those of the three practisces referred to in paragraph 1 that are relevant for themapplicable to their holding, and in function of their compliance with Articles 30, 31, and 32. 3. Farmers whose holdings are fully or partly situated in areas covered by Directives 92/43/EEC or 2009/147/EC shall be entitled to the payment referred to in this Chapter provided that they observe the practises referred to in this Chapter to the extent that those practises are compatible in the holding concerned with the objectives of those Directivesshall be entitled ipso facto to the payment referred to in this Chapter when they fall within the following categories: - farmers complying with the requirements laid down in Article 29 (1) of Regulation (EC) N° 834/2007 as regards organic farming; or - beneficiaries of agri-environment- climatic payments established pursuant to Article 29 of Regulation (EU) N° [...] [RDR]; or - farmers whose holdings are situated in areas situated under the Natura 2000 network covered by Directives 92/43/EEC or 2009/147/EC. 4. Farmers where more than 75% of their eligible agricultural area of the holding is permanent grassland or permanent pasture or used for the production of grass or other herbaceous forage or cultivated with crops under water for a significant part of the year and where the remaining eligible agricultural land does not exceed 50 hectares are exempt from the obligations in Article 30 and 32. 4a. Farmers complying with the requirements laid down in Article 29(1) of Regulation (EC) No 834/2007 as regards organic farming shall be entitled ipso facto to the payment referred to in this Chapter. The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007. 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), 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. (Il s'agit d'une option par rapport à l'AM.COMP. 14. Le texte est identique sauf que le2emewhose holding is certified under national or regional environmental certification schemes shall be considered to be complying with the relevant agricultural practices referred to in paragraph 1 provided that these schemes shall have at least an equivalent impact as the relevant practices referred to in paragraph 1. 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), 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. 5a. By way of derogation from paragraph 5 of this Article, for Member States applying Article 22a, the payment referred to in paragraph 1 of this Article, which shall represent 30% of the national envelope in accordance with Article 33(1), is payable to farmers as a percentage relative to their basic payment. 5b. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 in order to validate the certification schemes referred to in paragraph 4a, in order to guarantee that these schemes will have at least an equivalent impact as the relevant practices referred to in paragraph 1. These certification schemes may include the following measures: - an on-farm nutrient management plan; - an on-farm energy efficiency plan on their holding, including optimisation for the use of effluents; - a biodiversity action plan, including creation or maintenance of biodiversity corridors; - a water management plan; - soil cover; - integrated pest management. Or. en alinéa du paragraphe 3 est supprimé et le 4a modifié)
Amendment 16 #
Proposal for a regulation
Article 30
Article 30
Article 30 Article 30 Crop diversification Crop diversification 1. Where the arable land of the farmer covers more thbetween 10 and 30 hectares 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 two different crops. None of those crops shall cover more than 80 % of the arable land. Where the arable land of the farmer covers more than 30 hectares, cultivation on the arable land shall consist of at least three different crops. None of those three except for holdings situated north of the 62nd parallel. The main crops shall not cover lessmore than 75 % of the arable land and the 2 main one shall not exceed 70crops together shall not cover more than 95 % of the arable land. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of 'crop' and the rules concerning the application of the precise calculation of shares of different crops.
Amendment 17 #
Proposal for a regulation
Article 31
Article 31
Amendment 18 #
Proposal for a regulation
Article 32
Article 32
Amendment 19 #
Proposal for a regulation
Article 36
Article 36
Amendment 20 #
Proposal for a regulation
Article 37
Article 37
Article 37 Article 37 Financial provisions Financial provisions 1. In order to finance the payment referred to in Article 36, Member States shall use a percentage2% of the annual national ceiling set out in Annex II which shall not be higher than 2%. They shall notify the Commission, by 1 August 2013, of the estimated percentage necessary to finance that payment. . Where the estimated percentage necessary to finance the payment referred to in Article 36 is lower than 2%, Member States may allocate the remainder of the respective amounts to linearly increase the value of payment entitlements of the national reserve, with priority to young farmers and new farmers in accordance with Article 23(4). By way of derogation from the first subparagraph, Member States may decide to increase the percentage mentioned in that subparagraph in order to give priority to chosen beneficiaries at national level, based on objective and non- discriminatory criteria. This decision shall be notified to the Commission before 1 August 2013. Member States may, by 1 August 2016, review their estimated percentage necessary to finance the payment referred to in Article 36 with effect from 1 January 2017. They shall notify the Commission of the reviewed percentage by 1 August 2016. 2. Without prejudice to the maximum of 2% set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 2% of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25. 3. Where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling amounts to 2% of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with Article 36 in order to comply with that ceiling. 4. On the basis of the estimated percentage notified by Member States pursuant to paragraph 1, the Commission shall, by means of implementing acts, set the corresponding ceiling for the payment referred to in Article 36 on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 21 #
Proposal for a regulation
Article 47
Article 47
Amendment 22 #
Proposal for a regulation
Article 48
Article 48
Amendment 23 #
Proposal for a regulation
Article 49
Article 49
Article 49 Article 49 Amount of the payment Amount of the payment 1. Member States shall set the amount of the annual payment for the small farmers scheme at one of the following levels, subject to paragraphs 2 and 3: (a) an amount not exceeding 125% of the national average payment per beneficiary; (b) an amount corresponding to the national average payment per hectare multiplied by a figure corresponding to the number of hectares with a maximum of threefive. By way of derogation from subparagraph 1, Member States may decide that the annual payment shall be equal to the amount that the farmer would be entitled to under Article 18, Article 29, Article 34, Article 36 and Article 38 in the year of entering into the scheme, but not higher than EUR 1 500. The national average referred to in point (a) of the first subparagraph shall be established by the Member States on the basis of the national ceiling set in Annex II for calendar year 2019 and the number of farmers having obtained payment entitlements pursuant to Article 21(1). The national average referred to in point (b) of the first subparagraph shall be established by the Member States on the basis of the national ceiling set in Annex II for calendar year 2019 and the number of eligible hectares declared in accordance with Article 26 in 2014. 2. The amount referred to in paragraph 1 shall not be lower than EUR 500 and not be higher than EUR 1 0500. Without prejudice to Article 51(1), where the application of paragraph 1 results in an amount lower than EUR 500 or higher than EUR 1 0500, the amount shall be rounded up or down, respectively, to the minimum or maximum amount. 3. By way of derogation from paragraph 2, in Croatia, Cyprus and Malta the amount referred to in paragraph 1 may be set at a value lower than EUR 500, but not less than EUR 200.
Amendment 24 #
Proposal for a regulation
Article 51
Article 51
Article 51 Article 51 Financial provisions Financial provisions 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, 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. The difference between the sum of all payments due under the small farmers scheme and the total amount financed in accordance with the first sub-paragraph shall be financed by applying a linear reduction to all payments to be granted in accordance with Article 25. Member States that avail themselves of the provisions of Article 20(1) may apply different reduction rates at regional level. The elements on the basis of which the amounts referred to in the first subparagraph are established shall remain the same for the entire duration of the participation of the farmer in the scheme. 2. If the total amount of payments due under the small farmers scheme exceeds 1015% of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with this Title in order to respect that percentage.
Amendment 25 #
Proposal for a regulation
Annex II
Annex II
Amendment 26 #
Proposal for a regulation
Recital 9
Recital 9
(9) 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 27 #
Proposal for a regulation
Recital 13
Recital 13
(13) Experience from the application of the various support schemes for farmers has shown that support was in a number of cases granted to beneficiarienatural and legal persons whose business purpose was not or only marginally targeted at an agricultural activity, such as airports, railway companies, real estate companies and companies managing sport grounds. To ensure the better targeting of support, Member States should refrain from granting direct payments to such natural and legal person. To ensure the better targeting of support and to reflect national realities as closely as possible, it is important that responsibility for the definition of an "active farmer" be given to the Member States. They shall thus refrain from granting direct payments to entities such as transport companies, airports, real estate companies, companies managing sport grounds, campsite operators and mining companies; unless such entities can prove that they meet the criteria for definition as active farmers. Smaller part- time farmers contribute directly to the vitality of rural areas, for that reason they should not be prevented from being granted direct payments.
Amendment 28 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure a better distribution of support amongst agricultural land in the Union, including in those Member States which applied the single area payment scheme established under Regulation (EC) No 73/2009, a new basic payment scheme should replace the single payment scheme established under Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers , and continued under Regulation (EC) No 73/2009, which combined previously existing support mechanisms into a single scheme of decoupled direct payments. Such a moveMember States should entailmodify their expiry of payment entitlements obtained under those Regulations and the allocation of new ones, although still based on the number of eligible hectares at the disposal of farmers in the first year of implementation of the schemeisting support systems in line with this Regulation, without necessarily abolishing their current direct payments models.
Amendment 29 #
Proposal for a regulation
Recital 21
Recital 21
(21) Due to the successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references. Therefore direct income support should be more equitably distributed between Member States, by gradually reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution of direct support, while taking account of the differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted. Member States with direct payments below the level of 90 % of the average should close one third of the gap between their current level and this level. This convergence should be financed proportionally by all Member States with direct payments above the Union average. In addition, all payment All payment entitlements activated in 2019 in a Member State or in a region should haveapproximate to or reach a uniform unit value following a convergence towards this value that should take place during tha flexible transition period in linear steps. However, isteps. In order to avoid disruptive financial consequences for farmers, Member States may limit individual losses and Member States having used the single payment scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021 should also focus on the objective of complete convergence through the equal distribution of direct support across the European Union during that period.
Amendment 30 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In addition to the convergence of support payments at national and regional levels, the national envelopes for direct payments should also be adjusted so that in Member States with a current level of direct payments per hectare below 70% of the Union average, that shortfall is reduced by 30%. In Member States with a level of direct payments between 70% and 80% of the average, the shortfall should be reduced by 25%, and in those Member States where the level is more than 80% of the average it should be reduced by 10%. Following application of these mechanisms, the level received should not, in any Member State, be less than 65% of the Union average. In the case of Member States with payment levels above the Union average, the convergence effort should not pull those levels below the average. The convergence should be financed proportionally by all Member States with direct payments above the Union average.
Amendment 31 #
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, at least in the first year of implementing the new basic payment scheme, a national reserve which can be administered regionally that should be used to facilitate the participation of young farmers and 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 32 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Member States may fix a reduction coefficient, which could be fixed at a zero value in order to have the opportunity to reduce the eligible areas with lower yield potential or for specific productions.
Amendment 33 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Member States may decide to use a part of their national ceilings to grant a complementary annual payment on the first hectares to farmers in order to better take into consideration the diversity of farms with regard to their economic size, to their choice of production and to employment.
Amendment 34 #
Proposal for a regulation
Recital 26
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory "greening" component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practisces should take the form of simple, generalised, non- contractual and annual actions that go beyond cross- compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and ecological focus areas. The compulsory nature of those practises should also concern farmers whose holdings are fully or partly situated in "Natura 2000" areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practises are compatible with the objectives of those Directivepermanent pasture and ecological focus areas. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91, beneficiaries of agri- environment-climatic payments established pursuant to Article 29 of Regulation (EU) N° [...] [RDR] and farmers whose holdings are situated in "Natura 2000" areas should benefit from the "‘greening"’ component without fulfilling any further obligation, given the recognised environmental benefits of the organic farming systems. Non-respect of the ‘greening’ component should lead to penalties on the basis of Article 65 of Regulation (EU) No […] [HZR]. On certain conditions, farmers whose holding is certified under national environmental certification schemes may also benefit from the "greening" component. Farmers should be exempted from the obligation of crop diversification and from the obligations linked to ecological focus areas, where at least 75% of their farm is covered by permanent grassland or permanent pasture or crops under water. This exemption applies only where the arable land of the remaining eligible agricultural land does not exceed 50 hectares.
Amendment 35 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure that the land under permanent grassland and permanent pasture is maintained as such by the farmerMember States, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of rules concerning the application of the measure.
Amendment 36 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to ensure the implementation of the ecological focus area measure in an efficient and coherent way, while taking into account Member States' specificities, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the further definition of the types of ecological focus areas mentioned under that measure and, the addition and definition of other types of ecological focus areas that can be taken into account for the respect of the percentage referred to in that measure and to lay down an EU wide framework of weighting coefficients for calculating the hectares represented by various types of ecological focus areas.
Amendment 37 #
Proposal for a regulation
Recital 38
Recital 38
(38) A simple and specific scheme for small farmers shouldmay be put in place by a Member state 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 establishedor a fix annual payment per beneficiary replacing all direct payments may be established. Farmers with annual payments of not more than EUR 1 500 should be automatically included in these scheme. Rules seeking simplification of formalities shouldmay 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 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 38 #
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. All Member States should be able to supplement the transfer by a sum proportional to the unspent monies for “greening” so as to provide additional support for agro-environmental climate measures. 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 choices should be made, within certain limits, once and for the whole period of application of this Regulationand reviewed by 1 August 2015 or 1 August 2017.
Amendment 2282 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The delegation of power referred to in this Regulation shall be conferred on the Commission for an indeterminate period of time from the period of five years from …*. _______________ *Date of entry into force of this Regulation.
Amendment 2283 #
Proposal for a regulation
Article 55 – paragraph 2 – subparagraph 1 a (new)
Article 55 – paragraph 2 – subparagraph 1 a (new)
The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of this five years 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.