Committee on Agriculture and Rural Development. Financial rules applicable to the general budget of the Union

Transcription

1 European Parliament Committee on Agriculture and Rural Development 2016/0282(COD) AMDMTS Draft opinion Albert Deß (PE v01-00) Financial rules applicable to the general budget of the Union (COM(2016)0605 C8-0372/ /0282(COD)) AM\ docx PE v01-00 United in diversity

2 AM_Com_LegOpinion PE v /169 AM\ docx

3 270 Edouard Ferrand, Angelo Ciocca, Mara Bizzotto, Mario Borghezio Article 269 paragraph 1 point -1 (new) Regulation (EU) No 1307/213 Article 4 paragraph 1 point k subparagraph 1a (new) -1. In Article 4, paragraph 1, point k, a second subparagraph is inserted: This definition also covers poplars grown on land parcels with a maximum harvest cycle of 15 years; The definition of short rotation coppice is not geared to the longer-term coppicing traditional in some EU countries; in Italy, for example, poplars are grown on land parcels in rotation with arable crops over a harvest cycle of years. Or. it 271 Clara Eugenia Aguilera García Article 269 paragraph 1 point -1 (new) Article 4 paragraph 1 point h h) permanent grassland and permanent pasture (together referred to as permanent grassland ) means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or more; it may include other species such as shrubs and/or trees which can be grazed provided that the grasses and -1. In Article 4, paragraph 1, point (h) is replaced by the following: h) permanent grassland and permanent pasture (together referred to as permanent grassland ) means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or more; it may include other species such as shrubs and/or trees which can be grazed and other non-fodder AM\ docx 3/169 PE v01-00

4 other herbaceous forage remain predominant as well as, where Member States so decide, land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas; sources of feed for livestock, provided that grasses and other herbaceous forage remain predominant as well as, where Member States so decide, land which can be grazed and on which grasses and other herbaceous forage are not predominant or are absent in grazing areas; ( Or. es The amendment aims to include all the special characteristics of Mediterranean grazing land. 272 Esther Herranz García, Ramón Luis Valcárcel Siso, Gabriel Mato Article 269 paragraph 1 point -1 (new) Regulation (EU) N 1307/2013 Article 4 paragraph 1 point h (h) -1. Article 4 (1), the point h is replaced by the following: (h) permanent grassland and permanent pasture (together referred to as permanent grassland ) means land used to grow grasses or other forage (herbaceous and woody) species naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or more. Where Member States so decide, it can also include land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas. PE v /169 AM\ docx

5 ( The pastures in the Mediterranean countries have a very important component of woody species that are not taken into consideration in the actual definition of permanent pastures. Many of these woody pastures are of great environmental importance because of the diversity of habitats they offer to wild flora and fauna and their role in biodiversity conservation, soil protection, erosion and carbon storage. The exclusion of those pastures has a very environmental negative effect. 273 Clara Eugenia Aguilera García Article 269 paragraph 1 point -1 a (new) Article 4 paragraph 1 point i grasses or other herbaceous forage means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State, whether or not used for grazing animals; -1a. In Article 4, paragraph 1, point (i) is replaced by the following: grasses or other herbaceous or woody forage means all herbaceous or woody plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State, whether or not used for grazing animals; ( Woody plants are a highly important component of pastures in Mediterranean countries. Or. es 274 Esther Herranz García, Gabriel Mato, Ramón Luis Valcárcel Siso Article 269 paragraph 1 point -1 a (new) AM\ docx 5/169 PE v01-00

6 Regulation (EU) N 1307/2013 Article 4 paragraph 1 point i (i) -1 a. In Article 4(1), the point i is replaced by the following: (i) grasses or other forage (herbaceous and woody) species means all herbaceous and woody plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State, whether or not used for grazing animals. ( The pastures in the Mediterranean countries have a very important component of woody species that are not taken into consideration in the actual definition of permanent pastures. Many of these woody pastures are of great environmental importance because of the diversity of habitats they offer to wild flora and fauna and their role in biodiversity conservation, soil protection, erosion and carbon storage. The exclusion of those pastures has a very environmental negative effect. 275 Norbert Erdős Article 269 paragraph 1 point 1 a (new) Regulation (EU) N 1307/2013 Article 9 paragraph 3a (new) 1 a. In Article 9, the following paragraph is inserted: 3a. Member States may decide that natural or legal persons, or groups of natural or legal persons, who are registered as farmers in any national public register - being a single public register or the linkage of different PE v /169 AM\ docx

7 national registers - to be identified as active farmers. We have to link different national public registers in many Member States to efficiently state who is an active farmer and who is not. Possible overlaps between different national registers can cause duplications or controversial situations during their use. We have to ensure the delegation of powers for national authorities to align these registers including the Integrated Administration and Control System. 276 Marco Zullo, Rosa D Amato Article 269 paragraph 1 point 1 a (new) Regulation (EU) 1307/2013 Article 9 paragraph 3a (new) 1 a. In Article 9, the following paragraph is added: 3a. Member States may decide to use national public registers to identify natural or legal persons, or groups of natural or legal persons, as active farmers. 277 Martin Häusling on behalf of the Verts/ALE Group Article 269 paragraph 1 point 1 a (new) Regulation (EU) N 1307/2013 Article 4 paragraph 1 point i AM\ docx 7/169 PE v01-00

8 (i) grasses or other herbaceous forage means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State, whether or not used for grazing animals; 1 a. In Article 4(1), point (i) is replaced by the following : (i) grasses or other herbaceous forage means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State, whether or not used for grazing animals. This may include mixtures of grasses with leguminous crops sown on temporary grasslands on arable land; ( We were not in favour of going beyond the Commission s simplification exercise but we are forced by the draft opinion to do so, as the basic act is being opened up. 278 Sandra Kalniete Article 269 paragraph 1 point 1 a (new) Article 4 paragraph 1 point h (h) permanent grassland and permanent pasture (together referred to as permanent grassland ) means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or more; it may include other species such as shrubs and/or trees which can be grazed provided that the grasses and 1 a. In Article 4 (1), the point h is replaced by the following: (h) permanent grassland and permanent pasture (together referred to as permanent grassland ) means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for seven years or more; it may include other species such as shrubs and/or trees which can be grazed provided that the PE v /169 AM\ docx

9 other herbaceous forage remain predominant as well as, where Member States so decide, land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas; grasses and other herbaceous forage remain predominant as well as, where Member States so decide, land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas; ( The definition of permanent grassland needs to be revised, as the European Court of Justice has delivered an interpretation of the definition of permanent grassland, which differs from the understanding by which the definition was applied until the judgment of the Court. It is therefore necessary to revise the definition and apply 7 years period instead of 5 years period in order to consider only natural grasslands which are continuously grown in the same field as permanent grasslands. 279 Martin Häusling on behalf of the Verts/ALE Group Article 269 paragraph 1 point 2 Regulation (EU) N 1307/2013 Article 9 2. in Article 9, the following paragraphs 7 and 8 are added: 7. Member States may decide from 2018 that only one or two of the three criteria listed in the third subparagraph of paragraph 2 may be invoked by persons or groups of persons falling within the scope of the first and second subparagraphs of paragraph 2, in order to demonstrate that they are active farmers. Member States shall notify the Commission of such a decision by 1 August Member States may decide to stop applying the provisions of this Article deleted AM\ docx 9/169 PE v01-00

10 from They shall notify the Commission of such a decision by 1 August The concept of active farmer should remain, hence we delete the Commission proposal to discontinue it. We should avoid re-nationalising key elements of the CAP. 280 Philippe Loiseau, Edouard Ferrand, Angelo Ciocca, Mara Bizzotto, Mario Borghezio Article 269 paragraph 1 point 2 Regulation (EU) N 1307/2013 Article 9 paragraph 7 7. Member States may decide from 2018 that only one or two of the three criteria listed in the third subparagraph of paragraph 2 may be invoked by persons or groups of persons falling within the scope of the first and second subparagraphs of paragraph 2, in order to demonstrate that they are active farmers. Member States shall notify the Commission of such a decision by 1 August deleted Or. it We must maintain the role of the active farmer by better targeting CAP money to people who through their work make a decisive contribution to the agriculture sector. 281 Luke Ming Flanagan on behalf of the GUE/NGL Group Article 269 paragraph 1 point 2 PE v /169 AM\ docx

11 Article 9 paragraph 7 7. Member States may decide from 2018 that only one or two of the three criteria listed in the third subparagraph of paragraph 2 may be invoked by persons or groups of persons falling within the scope of the first and second subparagraphs of paragraph 2, in order to demonstrate that they are active farmers. Member States shall notify the Commission of such a decision by 1 August deleted 282 Nicola Caputo, Tibor Szanyi Article 269 paragraph 1 point 2 Article 9 paragraph 7 7. Member States may decide from 2018 that only one or two of the three criteria listed in the third subparagraph of paragraph 2 may be invoked by persons or groups of persons falling within the scope of the first and second subparagraphs of paragraph 2, in order to demonstrate that they are active farmers. Member States shall notify the Commission of such a decision by 1 August deleted The deletion is essential in order to ensure that CAP funds continue to target active farmers, as the only subjects entitled to receive direct payments, avoiding the dispersion of financial resources. AM\ docx 11/169 PE v01-00

12 283 Laurenţiu Rebega Article 269 paragraph 1 point 2 Article 9 paragraph 7 7. Member States may decide from 2018 that only one or two of the three criteria listed in the third subparagraph of paragraph 2 may be invoked by persons or groups of persons falling within the scope of the first and second subparagraphs of paragraph 2, in order to demonstrate that they are active farmers. Member States shall notify the Commission of such a decision by 1 August deleted 284 Viorica Dăncilă, Daniel Buda Article 269 paragraph 1 point 2 Article 9 paragraph 7 7. Member States may decide from 2018 that only one or two of the three criteria listed in the third subparagraph of paragraph 2 may be invoked by persons or groups of persons falling within the scope of the first and second subparagraphs of paragraph 2, in order to demonstrate that they are active farmers. Member States shall notify the Commission of such a decision by 1 August deleted PE v /169 AM\ docx

13 285 Marco Zullo, Rosa D Amato Article 269 paragraph 1 point 2 Article 9 paragraph 7 7. Member States may decide from 2018 that only one or two of the three criteria listed in the third subparagraph of paragraph 2 may be invoked by persons or groups of persons falling within the scope of the first and second subparagraphs of paragraph 2, in order to demonstrate that they are active farmers. Member States shall notify the Commission of such a decision by 1 August deleted 286 Eric Andrieu, Jean-Paul Denanot Article 269 paragraph 1 point 2 Article 9 paragraph 8 8. Member States may decide to stop applying the provisions of this Article from They shall notify the Commission of such a decision by 1 August deleted Or. fr AM\ docx 13/169 PE v01-00

14 287 Philippe Loiseau, Edouard Ferrand, Angelo Ciocca, Mara Bizzotto, Mario Borghezio Article 269 paragraph 1 point 2 Regulation (EU) N 1307/2013 Article 9 paragraph 8 8. Member States may decide to stop applying the provisions of this Article from They shall notify the Commission of such a decision by 1 August deleted Or. it 288 Clara Eugenia Aguilera García, Michela Giuffrida Article 269 paragraph 1 point 2 Article 9 paragraph 8 8. Member States may decide to stop applying the provisions of this Article from They shall notify the Commission of such a decision by 1 August deleted Or. es This was one of the basic elements of the last CAP reform; it concerns intended recipients of aid under this policy and should not be removed. 289 Laurenţiu Rebega PE v /169 AM\ docx

15 Article 269 paragraph 1 point 2 Regulation (EU) N 1307/2013 Article 9 paragraph 8 8. Member States may decide to stop applying the provisions of this Article from They shall notify the Commission of such a decision by 1 August deleted 290 Luke Ming Flanagan on behalf of the GUE/NGL Group Article 269 paragraph 1 point 2 Article 9 paragraph 8 8. Member States may decide to stop applying the provisions of this Article from They shall notify the Commission of such a decision by 1 August deleted 291 Marco Zullo, Rosa D Amato Article 269 paragraph 1 point 2 Article 9 paragraph 8 AM\ docx 15/169 PE v01-00

16 8. Member States may decide to stop applying the provisions of this Article from They shall notify the Commission of such a decision by 1 August deleted 292 Viorica Dăncilă, Daniel Buda Article 269 paragraph 1 point 2 Article 9 paragraph 8 8. Member States may decide to stop applying the provisions of this Article from They shall notify the Commission of such a decision by 1 August deleted 293 Martin Häusling on behalf of the Verts/ALE Group Article 269 paragraph 1 point 2 a (new) Article 11 paragraph 1 1. Member States shall reduce the amount of direct payments to be granted to a farmer pursuant to Chapter 1 of Title III for a given calendar year by at least 5 % for 2 a. In Article 11, paragraph 1 is replaced by the following: 1. In the interest of targeted and fair distribution of direct payments, Member States shall reduce the amount of direct payments to be granted to a farmer pursuant to Chapter 1 of Title III for a PE v /169 AM\ docx

17 the part of the amount exceeding EUR given calendar year by 100% for the part of the amount exceeding EUR ( We were not in favour of going beyond the Commission s simplification exercise but the draft opinion opened up the basic acts. Here we re-state our reform position in the interest of small and medium sized farms. In 2010, only 0.41% beneficiaries received more than EUR /year as direct payments, which made up 16.22% of the whole direct payment budget line. 294 Maria Noichl Article 269 paragraph 1 point 2 a (new) Article 11 paragraph 1 1. Member States shall reduce the amount of direct payments to be granted to a farmer pursuant to Chapter 1 of Title III for a given calendar year by at least 5 % for the part of the amount exceeding EUR a. Article 11, paragraph 1 is replaced by the following: 1. Member States shall reduce the amount of direct payments to be granted to a farmer pursuant to Chapter 1 of Title III for a given calendar year by at least 50 % for the part of the amount exceeding EUR ( The amendment is supposed to prevent further concentration of agricultural land. 295 Martin Häusling AM\ docx 17/169 PE v01-00

18 on behalf of the Verts/ALE Group Article 269 paragraph 1 point 2 b (new) Article 11 paragraph 6 6. Member States shall notify the Commission by 1 August 2014 of the decisions taken in accordance with this Article and of any estimated product of reductions for the years 2015 to b. In Article 11, paragraph 6 is replaced by the following: 6. Member States shall notify the Commission by 1 August 2014 of the decisions taken in accordance with this Article and of any estimated product of reductions for the years 2015 to Member States may also notify the Commission yearly on decisions to apply reductions of payments referred to in point 1 of this Article, doing so before August 1 of the year prior to the entry in force of such reductions. ( We were not in favour of going beyond the Commission s simplification exercise but the draft opinion opened up the basic acts. MS should be able to readjust redistribution in a shorter timescale, in the overall interest of fairer and more targeted distribution of direct payments to small and medium sized farms. In 2010, only 0.41% beneficiaries received more than EUR /year as direct payments, which made up 16.22% of the whole direct payment budget line. 296 Zbigniew Kuźmiuk, Beata Gosiewska Article 269 paragraph 1 point 2 a (new) Article 11 paragraph 6a (new) PE v /169 AM\ docx

19 2 a. In Article 11, the following paragraph is inserted: 6a. By 1 August 2017 Member States may review their decision taken pursuant to paragraphs 1 to 3 and decide, with effect from 2018: a) to apply reduction of payments in accordance with paragraph 1 or b) to increase the percentage of reduction of payments applied in accordance with paragraph 1 or c) to apply the possibility provided for in paragraph 2 or resign from it. Member States shall notify the Commission of any such decision by the date referred to in the first subparagraph. The proposed provision will enable Member States to revise the decision on the mechanism of reduction of payments, as regards: application of the mechanism (if not yet applied), or increasing the percentage of reduction, as well as deduction of the costs related to employment from the base of reduction or resignation from that condition. Having in mind changing market conditions as well as the experience acquired by Member States in the application of the existing mechanism of reduction of payments, providing Member States with the possibility to adapt the way of implementation of the mechanism, to the extent provided in the proposed provision, will contribute to building a more effective EU agricultural policy. As a consequence of this amendment provisions of Article 7(3) shall be adapted by introduction of the appropriate reference: 3. In order to take account of the developments relating to the total maximum amounts of direct payments that may be granted, including those resulting from the decisions taken by Member States pursuant to Article 11(7) and Article 14, the Commission shall be empowered to adopt delegated acts in accordance with Article 70 adapting the ceilings set out in Annex III. 297 Herbert Dorfmann AM\ docx 19/169 PE v01-00

20 Article 269 paragraph 1 point 2 e (new) Article 25 paragraph 4 In addition, Member States shall provide that, at the latest for claim year 2019, no payment entitlement shall have a unit value lower than 60 % of the national or regional unit value in 2019, unless this would, in Member States applying the threshold referred to in paragraph 7, result in a maximum decrease exceeding that threshold. In such cases, the minimum unit value shall be set at a level necessary to respect that threshold. 2e. In Article 25, paragraph 4 is replaced by the following: In addition, Member States shall provide that, at the latest for claim year 2019, no payment entitlement shall have a unit value lower than 60 % of the national or regional unit value in 2019 in all areas outside the delimited mountain area and lower than 80% in the delimited mountain area, unless this would, in Member States applying the threshold referred to in paragraph 7, result in a maximum decrease exceeding that threshold. In such cases, the minimum unit value shall be set at a level necessary to respect that threshold. Or. de ( 298 Herbert Dorfmann Article 269 paragraph 1 point 2 f (new) Article 25 paragraph 7 (7) In order to finance the increases in the value of payment entitlements referred to in paragraph 4, where payment entitlements have an initial unit value higher than the national or regional unit value in 2019, the difference between their 2f. In Article 25, paragraph 7 is replaced by the following: (7) In order to finance the increases in the value of payment entitlements referred to in paragraph 4, where payment entitlements have an initial unit value higher than the national or regional unit value in 2019, the difference between their PE v /169 AM\ docx

21 initial unit value and the national or regional unit value in 2019 shall be decreased on the basis of objective and non-discriminative criteria to be determined by Member States. Such criteria may include the fixing of a maximum decrease of the initial unit value of 30 %. initial unit value and the national or regional unit value in 2019 shall be decreased on the basis of objective and non-discriminative criteria to be determined by Member States. Such criteria may include the fixing of a maximum decrease of the initial unit value of 50 %. Or. de ( 299 Herbert Dorfmann Article 269 paragraph 1 point 2 g (new) Article 25 paragraph 8 (8) When applying paragraph 2 of this Article, the transition from the initial unit value of payment entitlements as calculated in accordance with Article 26 to their final unit value in 2019 as established in accordance with paragraph 3 or paragraphs 4 to 7 of this Article shall be made in equal steps starting from g. In Article 25, paragraph 8 is replaced by the following: (8) When applying paragraph 2 of this Article, the transition from the initial unit value of payment entitlements as calculated in accordance with Article 26 to their final unit value in 2019 as established in accordance with paragraph 3 or paragraphs 4 to 7 of this Article shall be made in steps which are as equal as possible starting from In order to ensure compliance with the fixed percentage referred to in paragraph 1 of this Article for each year, the value of the payment entitlements with an initial unit value that is higher than the national or regional unit value in 2019 shall be adjusted. Or. de ( AM\ docx 21/169 PE v01-00

22 300 Paolo De Castro Article 269 paragraph 1 point 2 a (new) Article 30 Paragraph 7 point f a (new) 2a. In Article 30, paragraph 7 the following point is inserted: fa) increase the value of the payment entitlements to the value of the national or regional average under paragraph 8, subparagraph 2 of this Article following a severe natural disaster seriously affecting the holding and compromising the normal course of activities; Or. it In the event of a severe natural disaster seriously affecting the holding and compromising the normal course of activities it is necessary to foresee the increase of the value of payment entitlements to the national or regional average value. More specifically, serious natural disasters are included on the list of force majeure and exceptional circumstances Article 2, paragraph 2 of Regulation 1305/2013); 301 Paolo De Castro Article 269 paragraph 1 point 2 d (new) Article 30 paragraph 8 subparagraph 1 2d. in Article 30(8), the first subparagraph is replaced by the following: PE v /169 AM\ docx

23 8. When applying paragraph 6 and points (a), (b) and (c) of paragraph 7, Member States shall fix the value of payment entitlements allocated to farmers at the national or regional average value of payment entitlements in the year of allocation. 8. When applying paragraph 6 and points (a), (b), (c) and (fa) of paragraph 7, Member States shall fix the value of payment entitlements allocated to farmers at the national or regional average value of payment entitlements in the year of allocation. ( Or. it 302 Paolo De Castro Article 269 paragraph 1 point 2 c (new) Article 30 Paragraph When applying paragraph 6, points (a) and (b) of paragraph 7 and paragraph 9, Member States may either allocate new entitlements or increase the unit value of all of the existing entitlements of a farmer up to the national or regional average value. 2c. in Article 30, paragraph 10 is amended as follows: 10. When applying paragraph 6 and points (a), (b), and (fa) of paragraph 7 and paragraph 9, Member States may either allocate new entitlements or increase the unit value of all of the existing entitlements of a farmer up to the national or regional average value. ( Or. it 303 Maria Noichl Article 269 paragraph 1 point 2 a (new) Article 33 paragraph 1 AM\ docx 23/169 PE v01-00

24 1. For the purposes of the activation of payment entitlements provided for in Article 32(1), the farmer shall declare the parcels corresponding to the eligible hectares accompanying any payment entitlement. Except in the case of force majeure or exceptional circumstances, the parcels declared shall be at the farmer s disposal on a date fixed by the Member State, which shall be no later than the date fixed in that Member State for amending the aid application as referred to in Article 72(1) of Regulation (EU) No 1306/ a. In Article 33, paragraph 1 is replaced by the following: 1. For the purposes of the activation of payment entitlements provided for in Article 32(1), the farmer shall declare the parcels and the legal owner thereof corresponding to the eligible hectares accompanying any payment entitlement. Except in the case of force majeure or exceptional circumstances, the parcels declared shall be at the farmer s disposal on a date fixed by the Member State, which shall be no later than the date fixed in that Member State for amending the aid application as referred to in Article 72(1) of Regulation (EU) No 1306/2013. ( The amendment is supposed to facilitate the recognition of cross-national concentration of land. 304 Herbert Dorfmann Article 269 paragraph 1 point 2 h (new) Article 34 paragraph 7 subparagraph 1 (3) Member States not exercising the option in Article 23(1) may decide that payment entitlements may be transferred or activated only within the same region, 2h. In Article 34(3), the first subparagraph is replaced by the following: (3) Member States not exercising the option in Article 23(1) may decide that payment entitlements may be transferred or activated only within the same region or within the Member State s mountain area, PE v /169 AM\ docx

25 except in the case of actual or anticipated inheritance. except in the case of actual or anticipated inheritance. Or. de ( 305 Viorica Dăncilă, Daniel Buda Article 269 paragraph 1 point 3 Article 36 pragraph 4 For each Member State, the amount calculated in accordance with the first subparagraph of this paragraph may be increased by a maximum of 3 % of the relevant annual national ceiling set out in Annex II after deduction of the amount resulting from the application of Article 47(1) for the relevant year. When a Member State applies such an increase, that increase shall be taken into account by the Commission when setting the annual national ceiling for the single area payment scheme pursuant to the first subparagraph of this paragraph. For that purpose, Member States shall notify the Commission by 1 August 2017 of the annual percentages by which the amount calculated pursuant to paragraph 1 of this Article is to be increased each calendar year from For each Member State, the amount calculated in accordance with the first subparagraph of this paragraph may be increased by a maximum of 5% of the relevant annual national ceiling set out in Annex II after deduction of the amount resulting from the application of Article 47(1) for the relevant year. When a Member State applies such an increase, that increase shall be taken into account by the Commission when setting the annual national ceiling for the single area payment scheme pursuant to the first subparagraph of this paragraph. For that purpose, Member States shall notify the Commission by 1 August 2017 of the annual percentages by which the amount calculated pursuant to paragraph 1 of this Article is to be increased each calendar year from Or. ro 306 Laurenţiu Rebega Article 269 paragraph 1 point 3 AM\ docx 25/169 PE v01-00

26 Article 36 paragraph 4 For each Member State, the amount calculated in accordance with the first subparagraph of this paragraph may be increased by a maximum of 3 % of the relevant annual national ceiling set out in Annex II after deduction of the amount resulting from the application of Article 47(1) for the relevant year. When a Member State applies such an increase, that increase shall be taken into account by the Commission when setting the annual national ceiling for the single area payment scheme pursuant to the first subparagraph of this paragraph. For that purpose, Member States shall notify the Commission by 1 August 2017 of the annual percentages by which the amount calculated pursuant to paragraph 1 of this Article is to be increased each calendar year from For each Member State, the amount calculated in accordance with the first subparagraph of this paragraph may be increased by a maximum of 5% of the relevant annual national ceiling set out in Annex II after deduction of the amount resulting from the application of Article 47(1) for the relevant year. When a Member State applies such an increase, that increase shall be taken into account by the Commission when setting the annual national ceiling for the single area payment scheme pursuant to the first subparagraph of this paragraph. For that purpose, Member States shall notify the Commission by 1 August 2017 of the annual percentages by which the amount calculated pursuant to paragraph 1 of this Article is to be increased each calendar year from Or. ro 307 Maria Noichl Article 269 paragraph 1 point 3 b (new) Article 41 paragraph 4 4. The redistributive payment shall be calculated each year by Member States by multiplying a figure to be set by the Member State, which shall not be higher than 65 % of the national or regional average payment per hectare, by the 3 b. In Article 41, paragraph 4 is replaced by the following: 4. The redistributive payment shall be calculated each year by Member States by multiplying the national or regional average payment per hectare, by the number of payment entitlements activated by the farmer in accordance with Article PE v /169 AM\ docx

27 number of payment entitlements activated by the farmer in accordance with Article 33(1) or by the number of eligible hectares declared by the farmer in accordance with Article 36(2). The number of such payment entitlements or hectares shall not exceed a maximum to be set by Member States which shall not be higher than 30 hectares or the average size of agricultural holdings set out in Annex VIII if that average size exceeds 30 hectares in the Member State concerned. 33(1) or by the number of eligible hectares declared by the farmer in accordance with Article 36(2). The number of such payment entitlements or hectares shall not exceed a maximum to be set by Member States which shall not be higher than 50 hectares or the average size of agricultural holdings set out in Annex VIII if that average size exceeds 50 hectares in the Member State concerned. ( The amendment simplifies the modifications of the redistributive payment by a higher renumeration of the first 50 hectares. The complex graduation system on the national level will be eliminated and replaced by a clear system with an additional financial support for farms of maximum 50 hectares. 308 Maria Noichl Article 269 paragraph 1 point 3 c (new) Article 41 paragraph 5 3 c. Article 41, paragraph 5 is deleted. The amendment aims at simplifying the redistributive payment. The complex graduation system on the national level will be eliminated and replaced by a clear system which foresees a higher renumeration for farms of maximum 50 hectares. AM\ docx 27/169 PE v01-00

28 309 Martin Häusling on behalf of the Verts/ALE Group Article 269 paragraph 1 point 3 a (new) Article 44 Heading Crop diversification 3 a. The heading of article 44 is replaced by the following: Crop rotation with a leguminous component 310 Marco Zullo, Rosa D Amato Article 269 paragraph 1 point 3 a (new) Article 44 paragraph 1 subparagraph 1 1. Where the arable land of the farmer covers between 10 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be at least two different crops on that arable land. The main crop shall not cover more than 75 % of that arable land. 3 a. In Article 44 (1), the subparagraph 1 is replaced by the following: 1. Where the arable land of the farmer covers between 15 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be at least two different crops on that arable land. The main crop shall not cover more than 75 % of that arable land. ( ( PE v /169 AM\ docx

29 311 Martin Häusling on behalf of the Verts/ALE Group Article 269 paragraph 1 point 3 b (new) Article 44 paragraph 1 1. Where the arable land of the farmer covers between 10 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be at least two different crops on that arable land. The main crop shall not cover more than 75 % of that arable land. Where the arable land of the farmer covers more than 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be at least three different crops on that arable land. The main crop shall not cover more than 75 % of that arable land and the two main crops together shall not cover more than 95 % of that arable land. 3 b. In article 44, paragraph 1 is replaced by the following : 1. Where the arable land of the farmer covers between 10 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be a rotation of at least three different crops that may include fallow over at least three consecutive years. At least one of those crops shall be leguminous and the main crop shall not cover more than 50 % of that arable land. Where the arable land of the farmer covers more than 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be a rotation of at least four different crops that may include fallow over at least four consecutive years. At least one of those crops shall be leguminous and the main crop shall not cover more than 50 % of that arable land. Due to its positive impact on soil fertility and productivity, biannual grass-clover mixes or other forms of intercropping and under-sowing may be integrated into the rotation. ( AM\ docx 29/169 PE v01-00

30 We were not in favour of going beyond the Commission s simplification exercise but we are forced by the draft opinion to do so. As the basic act is being opened up, we re-state here our position from CAP reform: Crop rotation with a leguminous component, as has been basic good practice since the middle ages. It is ironic that after complicating the basic act with exemptions in the first place, the co-rapporteurs now dilute the agronomic impact of greening further in their Omnibus amendments. 312 Philippe Loiseau, Edouard Ferrand, Laurenţiu Rebega, Angelo Ciocca, Mara Bizzotto, Mario Borghezio Article 269 paragraph 1 point 3 a (new) Article 44 paragraph 2 2. Without prejudice to the number of crops required pursuant to paragraph 1, the maximum thresholds set out therein shall not apply to holdings where grasses or other herbaceous forage or land lying fallow cover more than 75 % of the arable land. In such cases, the main crop on the remaining arable area shall not cover more than 75 % of that remaining arable land, except where this remaining area is covered by grasses or other herbaceous forage or land lying fallow. 3a. In Article 44, paragraph 2 is replaced by the following: 2. Without prejudice to the number of crops required pursuant to paragraph 1, the maximum thresholds set out therein shall not apply to holdings where grasses or other herbaceous forage or land lying fallow or cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle cover more than 75 % of the arable land. In such cases, the main crop on the remaining arable area shall not cover more than 75 % of that remaining arable land, except where this remaining area is covered by grasses or other herbaceous forage or land lying fallow. ( Or. it PE v /169 AM\ docx

31 The environmental role played by submerged crops, as recognised in paragraph 1, must be granted serious recognition under the greening diversification mechanism. 313 Martin Häusling on behalf of the Verts/ALE Group Article 269 paragraph 1 point 3 c (new) Article 44 paragraph 3 3. Paragraphs 1 and 2 shall not apply to holdings: 3 c. In article 44, paragraph 3 is replaced by : 3. Paragraphs 1 and 2 shall not apply to holdings where more than 50 % of the areas of arable land declared were not declared by the farmer in his aid application of the previous year and, where based on a comparison of the geo- spatial aid applications, all arable land is being cultivated with a different crop compared to that of the previous calendar year; ( We were not in favour of going beyond the Commission s simplification exercise but we are forced by the draft opinion to do so as the basic act is being opened up. It is ironic that after complicating the basic act with exemptions in the first place, the co-rapporteurs now dilute the agronomic impact of greening further in their Omnibus amendments. 314 Bas Belder AM\ docx 31/169 PE v01-00

32 Article 269 paragraph 1 point 3 b (new) Article 44 paragraph 4 subparagraph 2 Winter crop and spring crop shall be considered to be distinct crops even if they belong to the same genus. 3 b. In Article 44 (4), the subparagraph 2 is replaced by the following: Winter crop and spring crop shall be considered to be distinct crops even if they belong to the same genus. Triticum spelta shall be considered to be a distinct crop from crops belonging to the same genus. ( Although spelt is classified under the same genus as (winter) wheat, experts consider these crops to be rather distinct. It is therefore advised to recognize spelt as a distinct crop for the purposes of this article, in order for spelt to be a viable option in crop diversification schemes including a wheat crop. Spelt is a robust crop that can be grown with minimum use of plant protection products and has great cultural historical value as it was cultivated from ancient times. 315 Eric Andrieu, Jean-Paul Denanot Article 269 paragraph 1 point 3 a (new) Article 44 paragraph 5 a (new) 3a. In Article 44, the following paragraph is added:. 5a. In the case of a legal person, or a group of natural or legal persons, Member States may apply the thresholds laid down in paragraphs 1 and 2 at the level of the members of those legal PE v /169 AM\ docx

33 persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned. ( Or. fr Holdings where more than 75% of the utilised agricultural area (UAA) is grassland are wholly exempt from crop diversification as laid down in Article 44 of Regulation 1307/2013, unless the arable land a definition that includes temporary grassland covers more than 30 hectares. This threshold does not encourage self-sufficiency in food production on holdings managed by several partners. The partners need to be taken into account therefore when calculating thresholds. 316 Eric Andrieu, Jean-Paul Denanot Article 269 paragraph 1 point 3 b (new) Article 45 paragraph 1 subparagraph 1 1. Member States shall designate permanent grasslands which are environmentally sensitive in areas covered by Directives 92/43/EEC or 2009/147/EC, including in peat and wetlands situated in these areas, and which need strict protection in order to meet the objectives of those Directives. 3b. In Article 45(1), paragraph 1 is replaced by the following: 1. Member States shall designate permanent grasslands which are environmentally sensitive in areas covered by Directives 92/43/EEC or 2009/147/EC, including in peat and wetlands situated in these areas, and which need strict protection in order to meet the objectives of those Directives. As from 2018, Member States may review the AM\ docx 33/169 PE v01-00

34 designation of those areas covered by Directives 92/43/EEC or 2009/147/EC provided the proportion of sensitive areas remains the same. They must notify the Commission of such a decision before 1 August ( The map of sensitive grasslands as defined at present by France causes a great many problems as it distorts competition between breeders living in the same area. It should be possible to review it in 2018 without changing the proposition of sensitive areas, so that this constraint is better shared within the sector while environmental benefits remain the same. Or. fr 317 Martin Häusling on behalf of the Verts/ALE Group Article 269 paragraph 1 point 3 d (new) Article 46 paragraph 1 subparagraph 1a (new) 3 d. In Article 46(1), the following subparagraph is added after the subparagraph 1:... The primary aim of the ecological focus areas shall be to increase functional biodiversity and increase agro-ecosystem functions including pollination, predation of pests by beneficial insects, carbon sinking, water regulation and nutrient cycling. Therefore if those areas are also used for productive purposes, that use shall not inhibit delivery or development of those agro-ecosystem functions. PE v /169 AM\ docx

35 ( We were not in favour of going beyond the Commission s simplification exercise but we are forced by the draft opinion to do so as the basic act is being opened up. Here, we re-state the intention behind the EFA. 318 Marco Zullo, Rosa D Amato Article 269 paragraph 1 point 3 d (new) Article 46 paragraph 2 introductory part 2. By 1 August 2014, Member States shall decide that one or more of the following are to be considered to be ecological focus area: 3 d. In Article 46(2), the introductory part is replaced by the following: 2. By 30 June 2018, Member States shall decide that one or more of the following are to be considered to be ecological focus area: ( 319 Maria Noichl Article 269 paragraph 1 point 3 a (new) Article 46 paragraph 2 point j (j) 3 a. In Article 46 (2) - point j is replaced by the following: (j) AM\ docx 35/169 PE v01-00

36 areas with nitrogen-fixing crops. areas with nitrogen-fixing crops free from pesticides and fertilizers. ( The amendment will create uniform conditions for cultivation on ecological focus areas. In addition to that, the amendment will be a substantial step forward to reach the European environmental objectives. 320 Michel Dantin, Mariya Gabriel, Frédérique Ries, Nathalie Griesbeck Article 269 paragraph 1 point 3 a (new) Article 46 paragraph 2 point ja (new) 3a. In Article 46(2), the following point is added: ja) land left fallow for melliferous plants (pollen and nectar rich species). The purpose of this amendment is to give land left fallow for melliferous plants a more favourable weighting in the calculation of ecological focus areas by differentiating it from standard fallow land or land left fallow for spontaneous germination of wild flora. At the same time it constitutes an incentive as it takes into consideration the contribution land left fallow for melliferous plants makes to ordinary and functional biodiversity. This will furthermore make it possible to fund the extra costs, including seed purchase, to farmers of establishing and managing land left fallow for melliferous plants. Or. fr 321 Herbert Dorfmann PE v /169 AM\ docx

37 Article 269 paragraph 1 point 3 a (new) Article 46 paragraph 2 point ja (new) 3a. Article 46(2) is replaced by the following: ja) areas with wild grasses; Or. de 322 Annie Schreijer-Pierik, Tom Vandenkendelaere Article 269 paragraph 1 point 3 a (new) Article 46 paragraph 2 point ja (new) 3 a. In Article 46 (2), the following point is added: ja) White mustard Necessary to get rid of the obligation to mix at least two different cash crops 323 Annie Schreijer-Pierik, Tom Vandenkendelaere Article 269 paragraph 1 point 3 b (new) Article 46 paragraph 2 point jb (new) AM\ docx 37/169 PE v01-00