42 Amendments of Sylvie GOULARD related to 2011/0280(COD)
Amendment 201 #
Proposal for a regulation
Recital 21
Recital 21
(21) Due to the successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references. Therefore direct income support should be more equitably distributed between Member States, by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution of direct support, while taking account of the differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted. Member States with direct payments below the level of 90% of the average should close one third of the gap between their current level and this level. This convergence should be financed proportionally by all Member States with direct payments above the Union average. In addition, all payment entitlements activated in 20219 in a Member State or in a region should have a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmers, Member States having used the single payment scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021 should also focus on the objective of complete convergence through the equal distribution of direct support across the European Union during that period.
Amendment 218 #
Proposal for a regulation
Recital 22
Recital 22
(22) The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate a national reserve, at least in the first year of implementing the new basic payment scheme, a national reserve which can be administered regionally that should be used to facilitate the participation of young new farmers and new entrants 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 221 #
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 either 2009, 2010 or 2011.
Amendment 228 #
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 part30% of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for three compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practisces should take the form of simple, generalised, non-contractual andequivalent, tailor-made annual actions that go beyond cross- compliance and are linked to agriculturenational and/or regional agricultural conditions such as crop diversification, maintenance of permanent grassland and, ecological focus areas. The compulsory nature of t, nutrient management plan, on-farm energy-efficiency plan and winter soil cover. Those practisces 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. The same applies to farmers who comply with the requirements of independently approved national or regional certified schemes beneficial to the environment and climate. Non-respect of the ‘"greening’" component should lead to penalties, as the maximum applicable administrative sanction, to the total exclusion of the farmer concerned from aid receivable under this component on the basis of Article 65 of Regulation (EU) No […...] [HZR].
Amendment 249 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) In order to ensure that the 'greening' measures chosen by Member States applicable in their territory provide equivalent benefits for the environment and the climate, Member States shall choose three relevant measures from a list of six possible measures determined at EU level, and they shall obtain the approval of their choice by the Commission within two months after their notification.
Amendment 266 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) In order to ensure that nutrient management plans provide full records and an optimisation of the nutrient use and fertilisers application by 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 further rules concerning the application of the measure.
Amendment 267 #
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29b) In order to ensure that energy efficiency plans guarantee an optimisation of farmers' use of energy and minimise recourse to fossil fuels on farms, 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 further rules concerning the application of the measure.
Amendment 268 #
Proposal for a regulation
Recital 29 c (new)
Recital 29 c (new)
(29c) In order to ensure that winter soil cover is provided while maximising the benefits for the environment and the climate of this measure, Member States should determine the dates applicable for creation and destruction of the cover that best suit their territory, and 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 further rules concerning the application of the measure.
Amendment 275 #
Proposal for a regulation
Recital 31
Recital 31
(31) The creation and development of new economic activity in the agricultural sector by young farmers and other new entrants 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 and new entrants commencing their agricultural activities should be established in order to facilitate the initial establishment of young farmers and new entrants and the structural adjustment of their holdings after the initial setting up. Member States should be able to use part of their national ceilings for direct payments to grant an annual area- based payment, on top of the basic payment, to young farmers and new entrants. 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 570 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 612 #
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) they satisfy objective and non- discriminatory criteria established by Member States which ensure that: (i) their agricultural activities form only an insignificant part of his/its overall economic activities, and/or (ii) their principal activity or company object does not consist in exercising an agricultural activity; and/or,
Amendment 625 #
Proposal for a regulation
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
(b b) they operate, as their main activity, transport activities, airports, real estate companies, sport and recreational grounds, camping sites, mining companies or other non-agricultural activities to be defined accordingly by Member States on the basis of objective and non-discriminatory criteria. Member States may decide that those persons can claim to be eligible if they can provide verifiable evidence that they do not fall under the categories described in (b) and (ba); Member States may add other entities to and/or exclude entities of the ones listed above provided they inform the Commission of their decision and provide objective and non-discriminatory grounds of justification motivating their decision.
Amendment 649 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shallMember States may decide not to apply Paragraph 1 to farmers who received less than EUR 5 000 of direct payments for the previous year.
Amendment 769 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Paragraph 1 shall not apply in respect of cooperatives or other legal entities including non-profit organisations whose constitutional purpose is to actively protect and manage land and/or the historic environment for conservation and public benefit, which group a number of beneficiaries of direct payments or farm holdings and which receive and channel the payments before distributing them in full to their members or farm holdings, who, as individuals, are subject to paragraph 1 or would be subject where a Member State chooses to recognise a group of holdings as individual and separate businesses for the purpose of this Regulation.
Amendment 803 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 1257 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. FarmersMember States shall grant an annual payment for agricultural practices beneficial for the climate and the environment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1 shallwhen they observe on their eligible hectares as defined in Article 25(2) three of the following agricultural practises beneficial for the climate and the environment: ces:
Amendment 1346 #
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
(c a) to have a nutrient management plan on their holding.
Amendment 1357 #
Proposal for a regulation
Article 29 – paragraph 1 – point c b (new)
Article 29 – paragraph 1 – point c b (new)
(c b) to have an on-farm energy efficiency plan on their holding.
Amendment 1361 #
Proposal for a regulation
Article 29 – paragraph 1 – point c c (new)
Article 29 – paragraph 1 – point c c (new)
(c c) to ensure winter soil cover of their agricultural area.
Amendment 1381 #
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. Member States shall choose the set of three measures from the list established in paragraph 1 that farmers will observe in their territory. Members States using the possibility to apply the basic payment scheme at regional level pursuant to Article 20(1) of this Regulation may choose to implement a different set of measures in different regions, according to regional practices and climate conditions, following objective and non- discriminatory criteria. Member States shall notify their decision to the Commission before 1 August 2013. The Commission shall approve the set of measures chosen by Member States taking into account equivalent environmental and climate performance criteria and the balance achieved between the measures chosen under this chapter and agri- environment-climate programmes established pursuant to Article 29 of Regulation (EU) N° [...] [RDR]. Where the Commission disagrees with the set of measures notified by a Member State, the Member State's competent authorities and the Commission services are invited to exchange information and reasons justifying their respective position aiming at finding a conciliatory solution. If the Commission considers, after two months from the date of the initial notification, that the set of measures chosen in the Member State does not meet sufficient and equivalent level of environmental and climate protection, it may decide to impose on the Member State the measures listed in Articles 30, 31 and 32 as the set of measures applicable thereafter in this Member State.
Amendment 1398 #
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 practisces referred to in paragraph 1 that are relevant for them, and in function of their compliance with Articles 30, 31, 32, 32a, 32b and/or 32.c.
Amendment 1421 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
Farmers shall be entitled ipso facto to the payment referred to in this Chapter when they fall within at least one of the following categories: - Farmers complying with the requirements laid down in Article 29(1) of Regulation (EC) No 834/2007 as regards organic farming shall be entitled ipso facto to the paym. - Farmers complying with the requirements laid down in independently referred to in this Chaptercognised certified national or regional schemes providing environmental and climate benefits.
Amendment 1455 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007 or are covered by the national or regional certification scheme beneficial to the environment and climate.
Amendment 1468 #
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4 a. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 in order to further define the conditions to apply subparagraph 2 in relation to the certification schemes referred to in subparagraph 1 with the objective of guaranteeing that they provide at least equivalent environmental and climate benefits as the measures laid down in Articles 30, 31, 32, 32a, 32b and 32c.
Amendment 1567 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. By way of derogation from Paragraph 1, farmers with at least 70% of permanent grassland on their holding shall be considered as complying with the crop diversification requirements for the purpose of this Article.
Amendment 1571 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. By way of derogation from Paragraph 1, farmers cultivating non-cereal break crops on at least 25% and up to 70% of the arable land on their holding shall be considered as complying with the crop diversification requirements for the purpose of this Article. 'Break crop' shall mean, for the purpose of this Article, one of the following: oilseed or oleaginous fruits, protein crops, flax, hemp, vegetables, grassland and fallow.
Amendment 1627 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)
Article 31 – paragraph 1 – subparagraph 1 a (new)
Farmers are allowed to renew their permanent grassland. For the purpose of this paragraph, "permanent grassland" means land as defined in Article 4(1)(h) which has not been included in the crop rotation of the holding for ten years or longer.
Amendment 1663 #
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 as laid down in the second subparagraph of paragraph 1, the renewal of permanent grassland, the reconversion of agricultural area into permanent grassland in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land.
Amendment 1803 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 1809 #
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Farm energy efficiency plan 1. Farmers shall, on an annual basis, carry out an independent audit of all energy and fuels use on their holding and draw up an on-farm energy efficiency plan in order to optimise the efficient use of all energy and fuels on the holding. The plan shall consist of a farm record sheet including targets to reduce energy and fuel consumption and comprising at least the following elements: - detailed and up-to-date record keeping of on-farm energy supplies and - fuel consumption - A plan for the optimisation of the energy efficiency and insulation of all existing and new buildings, equipment and machinery on the holding, including smart meters and thermostat control for electricity, gas and hot water consumption, as well as other energy efficient appliances such as low energy lighting and refrigerating systems and automatic lighting control systems 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the conditions and rules applying to the content of the farm energy efficiency plan that farmers shall implement to optimise their use of energy and minimise recourse to fossil fuels.
Amendment 1814 #
Proposal for a regulation
Article 32 c (new)
Article 32 c (new)
Article 32 c Winter soil cover 1. Farmers shall ensure that their eligible hectares as defined in Article 25(2) that would otherwise remain bare during winter are covered by a temporary plant cover according to the following conditions: - The soil cover may include grasses, natural vegetation, small grains and catch crops, leguminous and cruciferous crops, clover, and stubble, - Land stewardship elements and landscape features left bare are included in the soil cover measure to the extent that they are compatible with the objectives pursued under agri-environment-climate measures taken pursuant to Article 29 of Regulation (EU) N° [...] [RDR], - The soil is covered for a period determined by the Member State according to soil type and climate conditions, and the soil cover is destroyed at the appropriate time as determined by the Member State to ensure maximum environment and climate benefits, pursuant to Subparagraph 2. Market gardens, plant nurseries and forestry land shall be exempted from soil cover requirements, 2. Member States applying this Article shall determine the dates for creation and destruction of the soil cover, taking into account soil type and climate conditions. They shall notify the dates applicable to the Commission in due time. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the conditions and rules applying to the soil cover requirements as set out in paragraph 1, including specific rules applicable to late harvested crops.
Amendment 1905 #
Proposal for a regulation
Title 3 – chapter 4 – title
Title 3 – chapter 4 – title
Payment for young farmers and new entrants
Amendment 1929 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall grant an annual payment to young farmers and new entrants who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 1938 #
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. For the purposes of this Chapter, ‘young farmers’ and 'new entrants', shall mean:
Amendment 1952 #
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) in the case of 'young farmers' only, who are less than 40 years of age at the moment of submitting the application referred to in point (a).
Amendment 1960 #
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Member States may determine certain additional objective and non- discriminatory criteria that young farmers and/or new entrants shall fulfil as regards, in particular, appropriate skills, experience and/or training requirements.
Amendment 1962 #
Proposal for a regulation
Article 36 – paragraph 2 b (new)
Article 36 – paragraph 2 b (new)
2b. Member States shall ensure that no payment pursuant to this chapter is made to persons for whom it is established, as from the date of publication of the Commission proposal for this Regulation, they artificially created the conditions to be entitled to the payment referred to in paragraph 1.
Amendment 1969 #
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 1
Article 36 – paragraph 5 – subparagraph 1
Member States shall calculate each year the amount of the payment referred to in paragraph 1 by multiplying a figure corresponding to 25 % of the average value of the payment entitlements held by the farmerin that Member State or region by the number of entitlements the farmer has activated in accordance with Article 26(1).
Amendment 1975 #
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2 – introductory part
Article 36 – paragraph 5 – subparagraph 2 – introductory part
When applying the first subparagraph, Member States shall respect the following maximummay choose to limits in the number of activated payment entitlements that are to be taken into account:
Amendment 1983 #
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2 – point a
Article 36 – paragraph 5 – subparagraph 2 – point a
Amendment 1987 #
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2 – point b
Article 36 – paragraph 5 – subparagraph 2 – point b
Amendment 2265 #
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) keep at least a number of hectares corresponding to the number of entitlements heldincrease their farming area to at least a total of 5 hectares;