Activities of Julie GIRLING related to 2011/0280(COD)
Shadow opinions (1)
AVIS sur la proposition de règlement du Parlement européen et du Conseil établissant les règles relatives aux paiements directs en faveur des agriculteurs au titre des régimes de soutien relevant de la politique agricole commune FR
Amendments (176)
Amendment 46 #
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 and pasture.
Amendment 52 #
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 mandatorynegotiated ‘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 practises 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 diversificalinked to agriculture. These action,s 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]y include "greening" measures, such as crop selection suitable for wildlife, bird and insect forage, planned biodiversity corridors, climate change mitigation measures and general environmental stewardship. These measures should be proportionate and in harmony with local climate, soil and water conditions.
Amendment 55 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 56 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure that the land under permanent grassland and pasture is maintained as such by the farmers, 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 57 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 60 #
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 types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to 5 % of their national ceilings for this support, or 10 % in case their level of coupled support in at least one of the years of the period 2010- 2013 exceeded 5 %. However, in duly justified cases where certain sensitive needs in a region are demonstrated, and upon approval by the Commission, Member States should be allowed to use more than 10 % 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 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per Member State, the Commission should further be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011The possibility of coupled support should be limited to small sectors with special needs and should not be used as a general tool. In conjunction with this, coupled payments should be phased out as soon as possible.
Amendment 67 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) ‘agricultural area’ means any area taken up by arable land, permanent grassland and pasture or permanent crops;
Amendment 68 #
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) ‘permanent crops’ means non-rotational crops other than permanent grassland and pasture that occupy the land for five years or longer and yield repeated harvests, including nurseries, and short rotation coppice;
Amendment 70 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘permanent grassland and pasture’ means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage, including, for example, heather, remain predominant;
Amendment 91 #
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 a proportion of their annual national ceilings for calendar years 2014 to 2019 as set out in Annex II to this Regulation, as additional support for measures under rural development programming financed under the EAFRD as specified under Regulation (EU) No […] [RDR], up to 10 % of their annual national ceilings for calendar years 2014 to 2019 as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments.
Amendment 96 #
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 observe on their eligible hectares as defined in Article 25(2) the following agricultural practisesces intended to be beneficial for the local climate and the environment, environment and water conditions on their eligible hectares, as defined in Article 25(2) :
Amendment 100 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(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 grselect on a rotational basis pcroduction (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the yearps suitable for wildlife, bird and insect forage;
Amendment 102 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) to maintain existing permanent grassland on their holdingplan and maintain biodiversity corridors; and
Amendment 104 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) to have ecological focus area on their agricultural areaimplement climate change mitigation measures alongside environmental stewardship.
Amendment 106 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Without prejudice to paragraphs 3 and 4 and to the application of financial discipline, 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 practises referred to in paragraph 1 that are relevant for them, and in function of their compliance with Articles 30, 31 and 32.
Amendment 117 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. 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 fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least three different crops. Nn appropriate rotatione of those three crops shall cover less than 5 % of the arable land and the main one shall not exceed 70 % of the arable landcrops, including fallow land suitable to local climate, soil and water conditions.
Amendment 120 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Permanent grassland and pasture
Amendment 120 #
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 fixationing 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 121 #
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 123 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
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 and pasture’.
Amendment 126 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
The reference areas under permanent grassland and pasture shall be increased in cases where the farmer has an obligation to reconvert areas into permanent grassland in 2014 and/or in 2015 as referred to in Article 93 of Regulation (EU) No […] HZR.
Amendment 131 #
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 and pasture. That limit shall not apply in the case of force majeure or exceptional circumstances.
Amendment 134 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland and pasture as laid down in the second subparagraph of paragraph 1, the renewal of permanent grassland and pasture, the reconversion of agricultural area into permanent grassland and pasture in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland and pasture in case of transfer of land.
Amendment 135 #
Proposal for a regulation
Article 32
Article 32
Amendment 141 #
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 beneficiaries 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, and/or whose land was not used for agricultural activities. To ensure the better targeting of support, Member States should refrain from granting direct payments to such natural and legal persons and/or in respect of such land. 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 142 #
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 beneficiaries 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 frombe given the opportunity to exclude granting direct payments to such natural and legal persons. 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 148 #
Proposal for a regulation
Recital 14
Recital 14
(14) To avoid an excessive administrative burden caused by the managing of payments of small amounts, Member States should in general refrain from granting direct payments where the payment would be lower than EUR 100 or the eligible area of the holding for which support is claimed would be less than one hectare. However, as the structures of the Member States’ agricultural economies vary considerably and may differ significantly from the average farm structure in the Union, Member States should be allowed to apply minimum thresholds that reflect their particular situation. Due to the very specific farming structure in the outermost regions and the smaller Aegean Islands, Member States should be able to decide whether any minimum threshold should apply in those regions. Moreover, Member States should have the possibility to opt for the implementation of one of the two types of minimum threshold taking account of the particularities of the structures of their farming sectors. As payment could be granted to farmers with so-called ‘landless’ holdings, the application of the hectare- based threshold would be ineffective. The support-related minimum amount should therefore apply to such farmers. To ensure equal treatment of farmers whose direct payments are subject to phasing-in in Bulgaria and Romania, the minimum threshold should be based on the final amounts to be granted at the end of the phasing-in process.
Amendment 151 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may only be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.in exceptional circumstances to:
Amendment 151 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 153 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 154 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 155 #
Proposal for a regulation
Recital 15
Recital 15
(15) The distribution of direct income support among farmers is characterised primarily by the allocation of disproportionate amounts of payments to a rapayments relative to ther small number of large beneficiariesize of the farm. Due to economies of size, larger beneficiaries do not always require the same level of unitary support for the limited 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 distribuHowever all of their eligible land needs to meet cross compliance regulations and relevant environmental regulations and larger farms tend to provide a greater contribution to the overall goal of food security. In addition, they are frequently involved in the innovation necessary to achieve both improved food security and sustainability. It is therefore inappropriate to reduce support for such farms. Any reduction ofin payments between farmers. Such system should however take into account salaried labour intensity to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. Thefor larger farms should take into account active involvement in innovation or agri- environmental activities which can bring benefits both in terms of meeting food security objectives and environmental objectives. Any reduction in payments should not favour less efficient farms to the detriment of more efficient farms. Any 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 or agri-environmental schemes 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 170 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 216 #
Proposal for a regulation
Recital 22
Recital 22
(22) The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate a national reserve that should be usedmay be used by the member state to facilitate the participation of young new farmers in the scheme or may be used to take account of specific needs in certain regions. Rules on the transfer and use of payment entitlements should be kept but, where possible, simplified.
Amendment 223 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to guarantee the protection of the rights of beneficiaries and in order to clarify the specific situations that may arise in the application of the basic payment scheme, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting rules on eligibility and the access in respect of the basic payment scheme of farmers in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in the case of merger or scission of the holding; adopting rules on the calculation of the value and number or on the increase in the value of payment entitlements in relation to the allocation of payment entitlements, including rules on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer, on the conditions for establishing the provisional and definitive value and number of the payment entitlements and on the cases where a sale or lease contract could affect the allocation of payment entitlements; adopting rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve; adopting rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and criteria for the allocation of payment entitlements pursuant to the use of the national reserve and to farmers who did not apply for support in 2010 or 2011.
Amendment 227 #
Proposal for a regulation
Recital 26
Recital 26
(26) One of theWhilst the main objectives of the new CAP is the enhancement of environmental performance through a mandatoo continue to pursue previous market orientated reforms, the enhancement of environmental performance and the recognition of the role public goods play in agriculture is an increasingly important element of the new CAP. Enhancement of environmental performance may be achieved through a negotiated and voluntary ‘'greening’' component of direct payments which willmay in certain cases be used to support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States shouldmay use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsorya menu of possible practices tohat may be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practises shcould 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, mainten. These actions may include greening measures such as crop selection for wildlife, bird and insect forage, planned biodiversity corridors, climate chancge of permanent grassland and ecological focus areas. The compulsorymitigation measures, general environmental stewardship and research and innovation. The 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 ofThe same benefit should be afforded to farmers involved in agri-environmental stewardship schemes at national level under Regulation (EUC) No […] [HZR]. 1698/2005.
Amendment 269 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 271 #
Proposal for a regulation
Recital 31
Recital 31
(31) The creation and development of new economic activity in the agricultural sector by young farmers is financially challenging and constitutes an element that should be considered in the allocation and targeting of direct payments. This development is essential for the competitiveness of the agricultural sector in the Union and, for that reason, an income support to young farmers commencing their agricultural activities shouldmay be established by a member state in order to facilitate the initial establishment of young farmers and the structural adjustment of their holdings after the initial setting up. Member States should be able tomay use part of their national ceilings for direct payments to grant an annual area-based payment, on top of the basic payment, to young farmers. That payment should only be granted during a period of maximum five years, since it should only cover the initial period of the life of the business and should not become an operating aid.
Amendment 284 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 287 #
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 types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to 510 % 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. Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions, and in order to ensure the proper observance of that condition, the Commission should be allempowered to use more than 10 % of their national ceiling. Coupled support should only be granted to the extent necessarymonitor production levels in the sectors and regions where this form of support is applied and, where necessary, require Member States to create an incentive to maintain curduce the percentage of direnct levels of production in those regionspayments provided in coupled form. This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per Member State, the Commission should further be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011.
Amendment 288 #
Proposal for a regulation
Recital 33
Recital 33
(33) Member States should no longer be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in, except in very clearly defined cases and for a limited period of time. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly importantessential 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. However, in very exceptional and 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 105 % 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 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support exceeding 105 % 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. The possibility of coupled support should be limited to small sectors with special needs and should not be used as a general tool. In conjunction with this, all coupled payments should be phased out as soon as possible.
Amendment 294 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 296 #
Proposal for a regulation
Recital 35
Recital 35
(35) As regards support to the cotton sector, Regulation (EC) No 73/2009 considered necessary that part of it continued to be linked to the cultivation of cotton through a crop specific payment per eligible hectare to ensure against any risk of disruption to production in the cotton producing regions, taking into account all factors that influence this choice. TWhilst this choice should be maintained in accordance with the objectives set out in Protocol No 4 on cotton attached to the 1979 Act of Accession, its application should be strictly limited and progressively reduced.
Amendment 297 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 298 #
Proposal for a regulation
Recital 37
Recital 37
(37) Chapter 2 of Council Regulation (EC) No 637/2008 of 23 June 2008 amending Regulation (EC) No 1782/2003 and establishing national restructuring programmes for the cotton sector24 provided that each cotton producing Member State has, either every four years and for the first time by 1 January 2009, to submit to the Commission a draft four-year restructuring programme or submit to the Commission, by 31 December 2009, a single draft modified restructuring programme for a duration of eight years. Experience has shown that the restructuring of the cotton sector would be better served through other measures, including those under rural development programming financed under Regulation (EU) No […] [RDR], which would also allow for a greater co-ordination with measures in other sectors. However, the acquired rights and legitimate expectations of undertakings already involved in restructuring programmes should be respected. Therefore the ongoing programmes of four or eight years should be allowed to continue to their end. At the end of that period, however, the programmes should end. The funds available from the four-year programmes cshould then be integrated into the available Union funds for measures under rural development from 2014. The funds available after the end of the eight year programmes would not be useful in rural development programmes in 2018 given the programming period and could therefore be more usefully transferred to support schemes under this Regulation, as already provided for in the second sub- paragraph of Article 5(2) of Regulation (EC) No 637/2008. Regulation (EC) No 637/2008 will therefore become obsolete from 1 January 2014 or 1 January 2018 as regards Member States which have, respectively, four or eight-year programmes. Regulation (EC) No 637/2008 should therefore be repealed.
Amendment 301 #
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 shouldmay be established by a member state. 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 323 #
Proposal for a regulation
Recital 43
Recital 43
(43) With a view to strengthening their rural development policy, Member States should be given the possibility to transfer funds from their direct payments ceiling to their support assigned for rural development. At the same time, Member States where the level of direct support remains lower than 90 % of the Union average level of support should be given the possibility to transfer funds from their support assigned for rural development to their direct payments ceiling. Such choices should be made, within certain limits and wherever possible, once and for the whole period of application of this Regulation.
Amendment 335 #
Proposal for a regulation
Article 1 – paragraph 1 – point b – point iv
Article 1 – paragraph 1 – point b – point iv
(iv) a voluntary payment for young farmers who commence their agricultural activity;
Amendment 344 #
Proposal for a regulation
Article 1 – paragraph 1 – point b – point vi
Article 1 – paragraph 1 – point b – point vi
Amendment 348 #
Proposal for a regulation
Article 1 – paragraph 1 – point b – point vii
Article 1 – paragraph 1 – point b – point vii
(vii) a voluntary simplified scheme for small farmers;
Amendment 358 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) "farmer" means a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within the Union territory, as defined in Article 52 of the Treaty on European Union in conjunction with Articles 349 and 355 of the Treaty on the Functioning of the European Union, and who exercises an agricultural activity. Where a farmer is a legally registered non-profit organisation or similar charitable organisation or empowered by central or regional government, whose primary legal constitutional purpose is to actively protect and manage land and/or the historic environment for conservation and public benefit, a Member State may choose to recognise their holdings or a group of their holdings as individual and separate businesses for the purposes of this regulation, 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) and Regulation (EU) No [...] of the European Parliament and of the Council of....on the financing, management and monitoring of the common agricultural policy ('the horizontal regulation');
Amendment 381 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – indent 3
Article 4 – paragraph 1 – point c – indent 3
– carrying out a minimum activity to be established by Member States onwhere the agricultural area is naturally kept in a state suitable for grazing or cultivation and the land is not used as set out in the first indent above there is no agricultural activity;
Amendment 390 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3 a (new)
Article 4 – paragraph 1 – indent 3 a (new)
- land management carried out wholly or mainly to provide environmental benefit
Amendment 437 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) "permanent grassland" means land used to grow grasses or other herbaceous or ligneous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage remain predominant; Member States may decide to include land which can be grazed and which forms part of established local practices where grasses and other herbaceous or ligneous forage are traditionally not predominant in grazing areas.
Amendment 441 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘'permanent grassland’' means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has either not been included in the crop rotation of the holding for five years or longer or has been reseeded with similar or the same grass or forage for five years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage remain predominant including, for example, heather;
Amendment 463 #
Proposal for a regulation
Article 4 – paragraph 1 – point i a (new)
Article 4 – paragraph 1 – point i a (new)
(i a) 'Semi natural and uncultivated land': land {afforded protection under}EIA Directive (85/337/EEC)
Amendment 471 #
Proposal for a regulation
Article 4 – paragraph 1 – point k a (new)
Article 4 – paragraph 1 – point k a (new)
(k a) "multiannual crops": non rotational crops other than permanent grassland and permanent crops that occupy the land for five years or less and yield repeated harvests
Amendment 508 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Without prejudice to Article 8, the total amount of direct payments which may be granted in a Member State pursuant to Titles III, IV and V in respect of a calendar year, after application of Article 11, shall not be higher than the ceilings set out in Annex III to this Regulation.
Amendment 518 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 530 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For each Member State and each year, the estimated product of capping as referred to in Article 11, which is reflected by the difference between the national ceilings set out in Annex II, to which is added the amount available in accordance with Article 44, and the net ceilings set out in Annex III, is made available as Union support for measures under rural development programming in the same Member state, financed under the EAFRD as specified in Regulation (EU) No […...] [RDR].
Amendment 540 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, where one of the following applThe Member States shall be empowered to draw up their own legal framework and definitions, to ensure, where appropriate, that direct payments are granted only to farmers engaged in agricultural activities:.
Amendment 547 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, where one of the following appliesthe Member state or region has established a list of activities relevant to land which is naturally kept in a state suitable for grazing or cultivation and no such activity is carried out:
Amendment 584 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the annual amount of direct payments is less than 5 % of the total receipts they obtained from non-agricultural activities in the most recent fiscal yearwho do not rear or grow agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes; or
Amendment 604 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) theirwhose agricultural areas are not mainly areas naturally kept in a state suitable for grazing or cultivation and they do not carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c).or
Amendment 619 #
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) who do not carry out a minimum level of activity on their holding established by Member States in accordance with Article 4(1)(C).
Amendment 668 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
Amendment 671 #
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
Amendment 690 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) where the total amount of direct payments claimed or due to be granted before the reductions and exclusions provided for in Article 65 of Regulation (EU) No […...] [HZR] in a given calendar year is less than EUR 1050;
Amendment 702 #
Proposal for a regulation
Article 11
Article 11
Amendment 708 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 709 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Voluntary Progressive reduction and capping of the payment
Amendment 714 #
Proposal for a regulation
Article 11 – paragraph - 1 (new)
Article 11 – paragraph - 1 (new)
- 1. Member states may impose the progressive reduction of payments to larger farms
Amendment 715 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. The amount of direct payments to be granted to a farmer under this Regulation in a given calendar year shall be reduced as follows:by 4 percentage points for amounts exceeding EUR 300 000.
Amendment 717 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. TMember states can choose to reduce the amount of direct payments to be granted to a farmer under this Regulation in a given calendar year shall be reduced as follows:in the following manner:-
Amendment 718 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. TIf a member state uses the possibility outlined in Paragraph 1, the amount of direct payments to be granted to a farmer under this Regulation in a given calendar year shall be reduced as follows:
Amendment 721 #
Proposal for a regulation
Article 11 – paragraph 1 – indent 1
Article 11 – paragraph 1 – indent 1
Amendment 737 #
Proposal for a regulation
Article 11 – paragraph 1 – indent 2
Article 11 – paragraph 1 – indent 2
Amendment 747 #
Proposal for a regulation
Article 11 – paragraph 1 – indent 3
Article 11 – paragraph 1 – indent 3
Amendment 756 #
Proposal for a regulation
Article 11 – paragraph 1 – indent 4
Article 11 – paragraph 1 – indent 4
Amendment 772 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 781 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. TIf a member state decides to make use of the possibility outlined in Paragraph 1, the amount referred to in paragraph 12 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.
Amendment 784 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 788 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If a Member States decides to make use of the possibility available in paragraph 1, that Member State shall ensure that no payment is made to farmers for whom it is established that, as from the date of publication of the Commission proposal for this Regulation, they artificially created the conditions to avoid the effects of this Article.
Amendment 790 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 a (new)
Article 11 – paragraph 3 – subparagraph 1 a (new)
Any amount deducted due to progressive reduction of payments should remain in the Member States and region where it originated and can be used to fund activities under Regulation (EU) No {...}RDR
Amendment 799 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. Where a farmer is a legally registered non-profit organisation or similar charitable organisation or empowered by central or regional government, whose primary legal constitutional purpose is to actively protect and manage land and/or the historic environment for conservation and public benefit, the amount of direct payments granted shall be exempt from the requirements of paragraph 1.
Amendment 805 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
Providing the respective eligibility requirements are met, it shall be permissible for a farmer to receive direct payments under this regulation while another claimant receives any other aid not covered by this regulation on the same eligible hectares.
Amendment 821 #
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 10 % 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. Member states that make use of this additional support for rural development programmes are obliged to co-finance any funds generated at the rate stipulated in Regulation (EU) No [...] [RDR],
Amendment 827 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
1. Before 1 August 2013, and by the same date in each subsequent year, 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 % of their annual national ceilings for each of the calendar years 2014 to 2019 as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments.
Amendment 842 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to 1st August preceding that subparagraphe calendar year in question.
Amendment 846 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
The percentage notified in accordance with the second subparagraph shall be the same for the years referred to in the first subparagraph, however a member state may, before the 1st August 2017, notify a different percentage for the years 2018 and 2019.
Amendment 847 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
The percentage notified in accordance with the second subparagraph shall be the same for the years referred tomay differ from year to year, within the maximum threshold set out in the first subparagraph.
Amendment 876 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 890 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Payment entitlements obtained under the single payment scheme in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009 shall expire on 31 December 2013. By way of derogation from the first subparagraph, Member States that, 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) 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 Regulation (EC) No 73/2009
Amendment 902 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Member states which have introduced the single payment scheme by applying Article 59 or Title III Chapter 6 of Regulation (EC) No 1782/2003 (implement a regional flat-rate) may decide not to apply Article 18(2)
Amendment 922 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
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 economic characteristics and their regional agricultural potential, or and their institutional or administrative structure.
Amendment 1256 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. FAn additional annual payment shall be granted to farmers entitled to a payment under the basic payment scheme referred to in Chapter 1 shall observand who undertake on their eligible hectares as defined in Article 25(2) two of the following agricultural practises beneficial for the climate and the environment:
Amendment 1258 #
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 shallMember states shall grant an annual payment to farmers who observe on their eligible hectares as defined in Article 25(2) at least three of the following agricultural practises beneficial for the climate and the environment:
Amendment 1259 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Farmers entitled to a payment under the basicsingle payment scheme referred to in Chapter 1 shallmay decide to observe on their eligible hectares as defined in Article 25(2) at least three of the following agricultural practises beneficial for the climate and the environment:
Amendment 1279 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(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 grselect crops on a rotational basis production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the yearsuitable for wildlife, bird and insect forage;
Amendment 1286 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have threewo different crops on their arable land where the arable land of the farmer covers more than 3 hectaresexceeds the area corresponding to the average size of agricultural holdings as set out in Annex VI 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 1312 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) to maintain existing permanent grassland on their holding; andplan and maintain biodiversity corridors
Amendment 1316 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) to maintain existing permanent grassareas of semi natural and uncultivated land on their holding; and
Amendment 1336 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) to have ecological focus area on their agricultural area.implement climate change mitigation measures alongside environmental stewardship
Amendment 1347 #
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
(c a) to implement a nutrient management plan.
Amendment 1349 #
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
(c a) to implement a nutrient management plan
Amendment 1358 #
Proposal for a regulation
Article 29 – paragraph 1 – point c b (new)
Article 29 – paragraph 1 – point c b (new)
(c b) to implement an on-farm energy efficiency plan
Amendment 1360 #
Proposal for a regulation
Article 29 – paragraph 1 – point c b (new)
Article 29 – paragraph 1 – point c b (new)
(c b) to implement an on-farm energy efficiency plan
Amendment 1363 #
Proposal for a regulation
Article 29 – paragraph 1 – point c c (new)
Article 29 – paragraph 1 – point c c (new)
(c c) to implement a soil management plan.
Amendment 1365 #
Proposal for a regulation
Article 29 – paragraph 1 – point c c (new)
Article 29 – paragraph 1 – point c c (new)
(c c) to implement a soil management plan
Amendment 1369 #
Proposal for a regulation
Article 29 – paragraph 1 – point c d (new)
Article 29 – paragraph 1 – point c d (new)
(c d) to implement a water efficiency plan.
Amendment 1385 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Without prejudice to paragraphs 3 and 4 and to the application of financial discipline, linear reductions in accordance with Article 7, and any reductions and penalties imposed pursuant to Regulation (EU) No […] [HZR], Member States shall grant the additional payment referred to in this Chapter to farmers observing those of the threee two practises referred to in paragraph 1 that are undertaken relevant for them, and in function of their compliance with Articles 30, 31 and 32., 32(a)(new), 32(b)(new).
Amendment 1394 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Without prejudice to paragraphs 3 and 4 and to the application of financial discipline, 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 practises referred to in paragraph 1 that are relevant for them, and in function of their compliance with Articles 30, 31 and 32..
Amendment 1429 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
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 factoand Article 27 of Regulation (EC) no 1698/2005 as regards agri- environment commitments shall be entitled ipso facto without prejudice to payments made in accordance with Article 27 of Regulation (EC) No 1698/2005 to the payment referred to in this Chapter.
Amendment 1438 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1 a (new)
Article 29 – paragraph 4 – subparagraph 1 a (new)
By way of derogation from Paragraph 1, Member States may decide to make the payment referred to in this chapter to farmers where they observe agricultural practices beneficial for the climate and environment as defined by the Member State. Such practices shall be of an equivalent environmental and/or climatic value to the practices referred to in Paragraph 1
Amendment 1456 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
The first subparagraphorganic derogation 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.
Amendment 1484 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. Farmers complying with the requirements of engaging in agri- environmental measures laid down in Article 27 of Regulation (EC) No 1698/2005 as regards agri-environmental programmes shall be entitled, ipso facto, without prejudice to payments made in accordance with Article 27 of Regulation (EC) No 1698/2005 to the payment referred to in this Chapter.
Amendment 1501 #
Proposal for a regulation
Article 30
Article 30
Amendment 1544 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. 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 fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least three different crops. Nn appropriate rotatione of those three crops shall cover less than 5 % of the arable land and the main one shall not exceed 70 % of the arable landcrops, including fallow land suitable to local climate, soil and water conditions.
Amendment 1596 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Permanent grassland and pasture
Amendment 1613 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Farmers shall maintain as permanent grassland the areasreas of semi natural and uncultivated land present ofn 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 grassof semi natural and uncultivated land’.
Amendment 1646 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Farmers shall be allowed to convert a maximum of 58 % of their reference areas under permanent grasslandof semi natural and uncultivated land, without prejudice to the requirements of the Environmental Impact Assessment (EIA) regulation. That limit shall not apply in the case of force majeure or exceptional circumstances.
Amendment 1661 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 1692 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Farmers shall ensure that at least 7 2% of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland and semi natural and uncultivated areas, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii). These areas may consist of parts of the holding, deemed to be ineligible as regards Article 25(2) provided that these areas are identified on the aid application and contribute to the delivery of environmental or beneficial objectives.
Amendment 1765 #
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1 a. By way of derogation, the minimum percentage for EFA indicated in Article 29 is reduced by 2% when a farmer creates a network of green infrastructures serving as a green corridor on his land.
Amendment 1779 #
Proposal for a regulation
Article 32 – paragraph 1 b (new)
Article 32 – paragraph 1 b (new)
1 b. By way of derogation, the minimum percentage for EFA indicated in Article 29 is reduced by 1% when a farmer installs water protection infrastructure preventing pollution at the point of source.
Amendment 1784 #
Proposal for a regulation
Article 32 – paragraph 1 c (new)
Article 32 – paragraph 1 c (new)
1 c. By way of derogation, the minimum percentage for EFA indicated in Article 29 is reduced by 1% when a farmer takes specific measures providing a foraging habitat for pollinating insects.
Amendment 1788 #
Proposal for a regulation
Article 32 – paragraph 1 d (new)
Article 32 – paragraph 1 d (new)
1 d. By way of derogation, the minimum percentage indicated in Article 29 is reduced by 1% when a farmer has benefited from training and implemented measures to enhance biodiversity or improve water management.
Amendment 1797 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the types of ecological focus areas and their equivalency values referred to in paragraph 1 of this Article and to add and define other types of ecological focus areas that can be taken into account for the respect of the percentage referred to in that paragraph.
Amendment 1804 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Nutrient Management Plan 1. Farmers shall implement an annual nutrient management plan to areas of their holding eligible for support as defined in Article 25(2). This shall consist of a farm record sheet and a field record sheet which include at least: - A soil analysis report of all eligible areas of the holding, undertaken on a periodic basis of at least 3 to 5 years, and reviewed annually, to identify P, K and Mg Index and pH - Full details of all fertilisers use on the holding including organic manure (timing, area of application, quantity, type, storage). Ensuring that a farmer takes account of all other sources of nutrients before deciding on fertiliser application rates. •Farmers shall also undertake regular calibration and tray testing of fertiliser spreaders and calibration of manure spreaders. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to adopt specific definitions and rules applying to the content of the farm and field records sheets that farmers shall complete to record and optimise their nutrient planning and use.
Amendment 1806 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Water Management Plan Farmers shall implement an on-farm water efficiency plan for their holding. This shall consist of: - identifying areas suitable for water retention measures; - identifying areas suitable for drought mitigation measures; - accurate, regular measurement and record keeping of water usage.
Amendment 1810 #
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Farm energy efficiency plan 1. Farmers shall implement an on-farm energy efficiency plan on their holding. This shall consist of at least the following elements: - detailed and regularly reviewed record keeping of on-farm energy supplies and - consumption and actions to increase their farm's energy efficiency. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to adopt specific definitions and criteria applicable to the content of the farm energy efficiency plans that farmers shall implement to optimise energy efficiency on farm.
Amendment 1813 #
Proposal for a regulation
Article 32 c (new)
Article 32 c (new)
Article 32 c Soil Management plans 1. Farmers shall implement a whole farm soil management plan on their holding, identifying areas at risk of soil erosion, significant declines in organic matter loss as a result of agricultural practices, and soil compaction. Farmers are required to take appropriate actions to mitigate these risks. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to adopt specific definitions and criteria applicable to the content of the soil management plans to ensure effective soil utilisation.
Amendment 1826 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In order to finance the payment referred to in this Chapter, Member States shall use 310 % of the annual national ceiling set out in Annex II.
Amendment 1838 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In order to finance the payment referred to in this Chapter,increased greening of the CAP through enhanced agri- environmental schemes in Regulation (EU)No[...] [RDR] Member Sstates shall use 320 % of the annual national ceiling set out in Annex II. in the form of Union support to agri-environmental-climate measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No [...][RDR]
Amendment 1841 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In order to finance the payment referred to in this Chapter, Member States shall usemay use up to 30 % of the annual national ceiling set out in Annex II.
Amendment 1854 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shallmay apply the payment referred to in this Chapter at national or, when applying Article 20, at regional level. In case of application at regional level, Member States shall use in each region a share of the ceiling set pursuant to paragraph 3. For each region, this share shall be calculated by dividing the respective regional ceiling as established in accordance with Article 20(2) by the ceiling determined according to Article 19(1).
Amendment 1863 #
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1 (new)
Article 33 – paragraph 3 – subparagraph 1 (new)
Any reduction or penalties imposed by non-compliance with this Article and Articles 30, 31 and 32 shall remain in the Member States and region where it originated.
Amendment 1870 #
Proposal for a regulation
Article 34
Article 34
Amendment 1871 #
Proposal for a regulation
Title 3 – chapter 3 – title
Title 3 – chapter 3 – title
Amendment 1881 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Without prejudice to paragraph 2 and to the application of financial discipline, pro and digressive reduction and cappingmodulation, linear reduction as referred in Article 7, and any reductions and exclusions imposed pursuant to Article 65 of Regulation (EU) No […...] [HZR], the payment referred to in paragraph 1 shall be granted annually per eligible hectare situated in the areas to which Member States decided to grant a payment in accordance with paragraph 2 of this Article and shall be paid upon activation of payment entitlements on those hectares held by the farmer concerned.
Amendment 1899 #
Proposal for a regulation
Article 35
Article 35
Amendment 1919 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shallmay grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 1948 #
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) natural persons who are setting up for the first time an agricultural holding as sole head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application to the basic payment scheme as referred in Article 73(1) of Regulation (EU) No […...] [HZR], and
Amendment 1951 #
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) who are less than 40 years of age or less at the moment of submitting the application referred to in point (a).
Amendment 2009 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
Member States may grant coupled support to farmers under the conditions laid down in this Chapter. Coupled support may only be granted to:
Amendment 2015 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Amendment 2044 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.
Amendment 2067 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Coupled support may only be granted to sectors or to regions of a Member State where specific types of farming or specific agricultural sectors undergo certain difficulties and are particularly important for economic and/or social and/or environmental reasons.
Amendment 2099 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 2116 #
Proposal for a regulation
Article 39 – paragraph 2 – point a
Article 39 – paragraph 2 – point a
Amendment 2121 #
Proposal for a regulation
Article 39 – paragraph 2 – point b
Article 39 – paragraph 2 – point b
Amendment 2128 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 2145 #
Proposal for a regulation
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. Member States may, by 1 August 2016, review their decision pursuant to paragraphs 1, 2 and 3 and decide, with effect from 2017:
Amendment 2153 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. On the basis of the decision taken by each Member State pursuant to paragraphs 1 to 4 on the proportion of the national ceiling to be used, the Commission shall, by means of implementing acts, fix the corresponding ceiling for the support on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 2158 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The decisions referred to in Article 39 shall be notified to the Commission by the date referred to in that Article and, except for the decision referred to in Article 39(4)(c), the notification shall include information on the regions targeted, the selected types of farming or sectors and the level of support to be granted. and the current levels of production in the sector(s) and region(s) concerned
Amendment 2159 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The decisions referred to in Article 39(2) and (3), or, where appropriate, in Article 39(42)(a), shall also include a detailed description of the particular situation in the region targeted and of the particular characteristics of the types of farming, or specific agricultural sectors, which make the percentage referred to in Article 39(1) insufficient to address the difficulties referred to in Article 38(2) and which justify an increased level of support.
Amendment 2160 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The decisions referred to in Article 39 shall be notified to the Commission by the date referred to in that Article and, except for the decision referred to in Article 39(4)(c), the notification shall include information on the regions targeted, the selected types of farming or sectors and the level of support to be granted.
Amendment 2161 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The decisions referred to in Article 39(2) and (3), or, where appropriate, in Article 39(4)(a), shall also include a detailed description of the particular situation in the region targeted and of the particular characteristics of the types of farming, or specific agricultural sectors, which make the percentage referred to in Article 39(1) insufficient to address the difficulties referred to in Article 38(2) and which justify an increased level of supportBy 1 August of the year succeeding the first year of implementation of such support, and by 1 August shall communicate to the Commission any changes which have taken place in the levels of production in the sector(s) and region(s) where coupled support has been introduced.
Amendment 2163 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The Commission shall, by means of an implementing act, approve the decision referred to in Article 39(3), or, where appropriate, in Article 39(4)(a), where one of the following needs in the region or sector concerned is demonstrated:In cases where, on the basis of information supplied by a Member State pursuant to Article 40(2), the Commission considers that the requirements of Article 38(4) have not been fulfilled, it shall, by means of implementing acts, require that Member State to adjust its level of coupled support in such a way as to bring it into conformity with those requirements. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2)
Amendment 2165 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The Commission shall, by means of an implementing act, approve the decision referred to in Article 39(3), or, where appropriate, in Article 39(42)(a), where one of the following needs in the region or sector concerned is demonstrated:
Amendment 2166 #
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
Amendment 2167 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
Amendment 2169 #
Proposal for a regulation
Article 41 – paragraph 1 – point c
Article 41 – paragraph 1 – point c
Amendment 2170 #
Proposal for a regulation
Article 41 – paragraph 1 – point d
Article 41 – paragraph 1 – point d
Amendment 2177 #
Proposal for a regulation
Article 42
Article 42
Amendment 2178 #
Proposal for a regulation
Article 43
Article 43
Amendment 2180 #
Proposal for a regulation
Article 44
Article 44
Amendment 2181 #
Proposal for a regulation
Article 44
Article 44
Amendment 2182 #
Proposal for a regulation
Article 45
Article 45
Amendment 2183 #
Proposal for a regulation
Article 46
Article 46
Amendment 2184 #
Proposal for a regulation
Article 46
Article 46
Amendment 2189 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided for in Article 10(1) may opt for participation in a simplified scheme under the conditions laid down in this Title, hereinafter referred to as ‘Member States may establish a simplified scheme for "small farmers" known as the "small farmers scheme’"
Amendment 2193 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Member States may operate a simplified scheme under the conditions laid down in this Title, hereinafter referred to as "small farmers scheme". Farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided for in Article 10(1) may opt for participation in a simplified scheme under the conditions laid down in this Title, hereinafter referred to as ‘the 'small farmers scheme’'
Amendment 2204 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Payments under the small farmers scheme shall replace the payments to be granted pursuant to Titles III and IV.For the purposes of this chapter, the following rules apply to those Member States who apply a small farmers scheme
Amendment 2209 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 2237 #
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 – introductory part
Article 49 – paragraph 1 – subparagraph 1 – introductory part
Member States shallmay set the amount of the annual payment for the small farmers scheme at one of the following levels, subject to paragraphs 2 and 3: