32 Amendments of Ulrike RODUST related to 2011/0280(COD)
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 159 #
Proposal for a regulation
Recital 15
Recital 15
(15) The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such system should however take into account salaried labour intensity to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. Nor should the capping be applied in respect of cooperatives or other legal entities whose members run a farming business jointly, or which comprise a number of farmers, and which receive and channel the payments before distributing them in full to their members. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States where they were generated and should be used for financing projects with a significant contribution to innovation under Regulation (EU) No […] of the European Parliament and of the Council of….on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR].
Amendment 244 #
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 ofstrictly linked with the basic payment, for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practises should take the form of simple, generalised, and non- contractual and annual actions that go beyond cross- compliance and are linked to agriculture such as crop diversificrotation, 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 Directives. 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 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].
Amendment 252 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure that the obligations referred to the crop diversificrotation measure are applied in a proportionate and non- discriminatory way and lead to an enhanced environmental protection, 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 the definition of ‘crop’ and of rules concerning the application of the measure.
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 343 #
Proposal for a regulation
Article 1 – paragraph 1 – point b – point v
Article 1 – paragraph 1 – point b – point v
Amendment 367 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – indent 1
Article 4 – paragraph 1 – point c – indent 1
– rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes, and mowing or grazing land primarily or solely for environmental reasons,
Amendment 428 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) "permanent grassland" means land used to growon which grasses or other herbaceous forageplants suitable for grazing grow 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 grazing provided that the grasses and other herbaceous forage remain predominan, that is mowed or grazed and that has not been ploughed or re-seeded for five years or longer. Landscape features to be defined by the Member States may be included in permanent grassland, provided that the land in question has its own “extensive pasture” land-use code or that the grazed and/or mowed area accounts for more than 50% of it;
Amendment 460 #
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) "grasses or other herbaceous forage" means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State (whether or not used for grazing animals); the definition also covers low-growing shrubs, reeds, rushes, sedges and other plants of no or little value as fodder;
Amendment 696 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 767 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Paragraph 1 shall not apply to cooperatives and other legal persons whose members together operate a farm or which are composed of a number of farmers who receive direct payments and who receive and channel the subsidies before they are fully divided among their members, to whom, as individuals, paragraph 1 shall apply.
Amendment 810 #
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. Funds transferred as additional support for measures under rural development programming financed under the EAFRD as specified under Regulation (EU) No [...] [RDR] will not be subject to co- financing.
Amendment 820 #
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 shallThe funds made available shall be 100 % cofinanced and the corresponding amount shall, as a result of the reallocation, no longer be available for granting direct payments.
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 1272 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Farmers entitled to a payment under the basic payment scheme referred to in Chapter 1 shall observundertake on their eligible hectares as defined in Article 25(2) the following package of agricultural practises beneficial for the climate and the environment:
Amendment 1281 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have crop rotation of at least three different crops on their arable land where the arable land of the farmer covers more than 310 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;
Amendment 1505 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Crop diversificrotation
Amendment 1536 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 310 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 a rotation of at least three different crops. None of those three crops shall cover less than 5 % of the arable land and the main one shall not exceed 70 % of the arable land or fallow over three consecutive years.
Amendment 1622 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Farmers shall maintain as permanent grassland the areas of their holdings declared as such in the application made pursuant to Article 74(1) of Regulation (EU) No XXX (HZ) for claim year 2014, hereinafter referred to as ‘reference areas under permanent grassland’. Permanent grassland that has been converted to arable land between 2011 and the year 2014, has to be reseeded, if environmental reasons require this.
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 1732 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. FWhere the eligible area is greater than 10 hectares, farmers shall ensure that at least 7 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in aArticle 25(2)(b)(ii).
Amendment 1746 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1 a (new)
Article 32 – paragraph 1 – subparagraph 1 a (new)
Amendment 1772 #
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1 a. The following shall be eligible for designation as ecological focus areas: - species-rich arable land and grassland; - cereals with wide row spacing (at least 20cm); - riparian strips at least 10m in width free of fertilisers or plant protection products; - late-mowing or late-grazing grassland;
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.