59 Amendments of Sergio GUTIÉRREZ PRIETO related to 2011/0280(COD)
Amendment 127 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 130 #
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 thisthe criteria to determine the predominance of grasses and other herbaceous forage as regards permanent grassland. The Regulation, shall establishing the framework within which Member States shall define both the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well asnd the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in the state suitable for production and the criteria to determine the predominance of grasses and other herbaceous forage as regards permanent grassland.
Amendment 158 #
Proposal for a regulation
Recital 15
Recital 15
(15) The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such system should however take into account salaried labour intensity to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. Nor should the capping be applied in respect of cooperatives or other legal entities which group a number of beneficiaries of direct payments and which receive and channel the payments before distributing them in full to their members. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States or regions where they were generated and should be used either for financing projects with a significant contribution to innovation or other measures 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] or, under the first pillar, as direct payments or coupled support under this Regulation.
Amendment 240 #
Proposal for a regulation
Recital 26
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory "greening" component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those 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 diversification, maintenance of permanent grassland and ecological focus areas. The compulsory nature of those practises should also concern farmers whose holdings are fully or partly situatedBearing in mind the greater environmental requirements that have to be met by the production processes of holdings 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 longwell as theose practises are compatible with the objectives of those Directivesreceiving agro-environmental and climate aid referred to in Article 29 of Regulation EU No (...)(DR), they shall be deemed to meet the requirements for this "greening" component. 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. Likewise, given the environmental benefits provided per se by certain types of production such as permanent crops eligible for the basic payment, permanent grassland, legumes and rice, their components should benefit from the "greening" component without needing to meet any other obligations. Olives, vines and fruit tees characterise the ecosystem of large regions and contribute to stabilising the soil against erosion, CO2 capture and reducing greenhouse gas emissions. The same should apply to farmers who sign up for agro- environmental programmes within the framework of rural development or who take part in a national certification scheme of recognised environmental value. Non-respect of the "greening" component should lead to penalties on the basis of Article 65 of Regulation (EU) No […] [HZR] which should in no case exceed the amount of the "green" payment itself.
Amendment 315 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) In order to strengthen social criteria, Member States should promote and establish employment footprint certification systems (accredited social certification with the involvement of social stakeholders) that provide consumers with information and act as a stimulus for a corporate social responsibility approach that identifies and selects the best labour relations and practices. This employment footprint information system could also be applied to imported products.
Amendment 356 #
Proposal for a regulation
Article 2
Article 2
Amendment 359 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) 'salaried agricultural worker' means an employee of a farmer, whether on a permanent, permanent seasonal or temporary contract, whose activity is fundamental to farming and the value chain, and whose employment conditions concerning stability, security and professionalism should be improved as a priority objective.
Amendment 375 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – indent 2
Article 4 – paragraph 1 – point c – indent 2
– maintaining the agricultural area in a state which makes it suitable for grazing or cultivation without any particular preparatory action going beyond traditionalstandard agricultural methods and machineries, or
Amendment 403 #
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
f) 'arable land' means land cultivated for crop production or areas available for crop production but laying fallow, including areas set aside in accordance with Article 32 of this Regulation, Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, with Article 39 of Regulation (EC) No 1698/2005 and with Article 29 of Regulation (EU) No […] [RDR], irrespective of whether or not that land is under greenhouses or under fixed or mobile cover;
Amendment 443 #
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 not been included in the crop rotation of the holding for five years or longer; it may include other species suitablethat can be used for grazing provided that the grasses and other herbaceous forage remain predominant;
Amendment 452 #
Proposal for a regulation
Article 4 – paragraph 1 – point h a (new)
Article 4 – paragraph 1 – point h a (new)
(ha) 'high nature value agricultural system' means areas in which agriculture sustains or is associated with a wide variety of species and habitats or with the presence of species facing conservation problems;
Amendment 467 #
Proposal for a regulation
Article 4 – paragraph 1 – point k
Article 4 – paragraph 1 – point k
k) 'short rotation coppice' means areas planted with tree species of CN code 06029041 to be defined by Member States, that consist of woody, perennial crops, the rootstock or stools remaining in the ground after harvesting, with new shoots emerging in the following season and with a maximum harvest cycle to be determined by the Member States.(Does not affect English version.)
Amendment 479 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 481 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 486 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 491 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
d) establishing the criteria to determine the predominance of grasses and other herbaceous forage for the purpose of point (h) of paragraph 1.(Does not affect English version.)
Amendment 493 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) Annex (...) of this Regulations sets out (a) 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; (b) the framework within which Member States are to define the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in a state suitable for grazing or cultivation as referred to in point (c) of paragraph 1.
Amendment 516 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 533 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 for the purpose of reviewing the ceilings set out in Annex III to take account of the difference between the ceilings established in Annex II and actual budget outturn each financial year.
Amendment 544 #
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 followthey do not carry out a minimum activity established by Member States ing applies:ccordance with Article 4(1)(c) of this Regulation.
Amendment 572 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 598 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 635 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 670 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) criteria to establish the amount of direct payments relevant for the purpose of paragraphs 1 and 2, in particular in the first year of allocation of payment entitlements where the value of the payment entitlements is not yet definitively established as well as for new farmers;
Amendment 782 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The amount referred to in paragraph 1 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, and profits shared among members in the case of an agricultural cooperative, 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 791 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. For each Member State and each year, the estimated product of capping as referred to in this Article, 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. The Member State may decide to allocate this funding for measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No […] [RDR], or may use it under the first pillar, in the form of direct payments or coupled aid to sectors in difficulty, under this Regulation.
Amendment 858 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
2. Before 1 August 2013, Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may decide to make available as direct payments under this Regulation up to 510 % of the amount allocated to support for measures under rural development programming financed under the EAFRD in the period 2015-2020 as specified under Regulation (EU) No […] [RDR]. As a result, the corresponding amount shall no longer be available for support measures under rural development programming.
Amendment 887 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Without prejudice to the provisions of the previous paragraph and in the case of Member States making use of the terms of Article 22, paragraphs 3 and 4, the financial value of payment entitlements allocated under the single payment scheme in accordance with Regulations (EC) No 1782/2003 and (EC) No 73/2009 shall be taken into account.
Amendment 904 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Special entitlements Special rights, based on objective and non-discriminatory criteria, may be established for livestock producers in the milk and milk products, beef, lamb and goat meat sectors with no land of their own on which to carry out their activities
Amendment 920 #
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 socioeconomic characteristics and their regional agricultural potential, or their institutional or administrative structure.
Amendment 929 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The Member States shall notify the Commission by 31 AugustDecember 2013 of the decision referred to in paragraph 1, together with the measures taken for the application of paragraphs 2 and 3.
Amendment 934 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. During the transition period, the Member States may review the decision referred to in paragraph 1, together with the measures taken in order to apply paragraphs 2 and 3.
Amendment 1300 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
a) to have three different crops on their On arable land where the arable land of the farmer covers more than 320 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with leguminous crops or crops under water for a significant part of the year or engaged in organic production or located entirely in the areas referred to in paragraph 3: i) to have at least two different crops on their arable land ii) to have ecological focus area on their agricultural area;
Amendment 1324 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
b) to maintain existing permanent grasslandpasture areas on their holding; and
Amendment 1333 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
Amendment 1393 #
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 and 32..
Amendment 1401 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. The reductions and penalties imposed on such payments pursuant to Regulation (EU) No […] [HZR] shall under no circumstances exceed the amount thereof.
Amendment 1405 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Farmers whose holdings are fully or partly situated in areas covered by Directives 92/43/EEC or 2009/147/EC shall be entitled to the payment referred to in this Chapter provided that they observe the practises referred to in this Chapter to the extent that those practises are compatible in the holding concerned with the objectives of those Directives, and farmers who receive agri- environment-climate payments pursuant to Article 29 of Regulation (EU) No […] [RDR] shall be entitled ipso facto to the payment referred to in this Chapter with respect to their hectarage which is eligible under these criteria.
Amendment 1422 #
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 the following categories: – farmers complying with the requirements laid downset out in Article 29(1) of Regulation (EC) No 834/2007 as regards organic farming shall be entitled ipso facto to the payment referred to in this Chapter. , or – beneficiaries of agri-environment- climatic payments established pursuant to Article 29 of Regulation (EU) No [...] [RDR]; – farmers with hectarage set aside as permanent pasture, or used for the cultivation of permanent crops, leguminous crops or underwater crops; – beneficiaries with hectarage located in the Natura 2000 network.
Amendment 1451 #
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 that are covered by agri- environment-climate measures in accordance with Article 29 of Regulation (EU) No [...] [RDR], or that are used for the cultivation of permanent crops, leguminous crops or underwater crops, or that are located in the Natura 2000 network.
Amendment 1481 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The payment referred to in paragraph 1 shall take the form of an annual payment per eligible hectare declared according to Article 26(1), the amount of which shall be calculated annually by dividing the amount resulting from the application of Article 33(1) by the total number of eligible hectares declared in the Member State or region concerned according to Article 26.
Amendment 1520 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 320 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, the farmer shall employ at least one of the following farming practices: a) cultivation on the arable land shall consist of at least threewo different crops. None of those three crops shall cover less than 5 % of the aforementioned area. b) ensuring that at least 3% of their arable land and the main one shall not exceed 70 % of the arable landis set aside as ecological focus areas such as land left fallow, terraces, landscape features, buffer strips and forested areas as referred to in Article 25(2)(b)(ii).
Amendment 1577 #
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
1b. For the purposes of this Article, ‘crop’ shall mean any species defined as a plant for purposes of botanical classification and land left fallow.
Amendment 1584 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of 'crop' and the rules concerning the application of the precise calculation of shares of different crops. , bearing in mind that fallow land shall be treated as a crop for the purposes of diversification, and better identifying the types of ecological focus area described in paragraph 1 of this Article, as well as adding and identifying other types of ecological focus area which may be taken into account when meeting the percentage given in paragraph 1.
Amendment 1685 #
Proposal for a regulation
Article 32
Article 32
Amendment 1835 #
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 320 % of the annual national ceiling set out in Annex II.
Amendment 1867 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Special payment for smart growth General rules 1. The Member States shall grant aid to farmers under the terms laid out in this chapter, subject to compliance with the terms of Article 9. 2. The Member States shall establish the requirements to be met by potential beneficiaries. 3. Without prejudice to the terms of paragraph 2, this aid shall be directed at farmers who obtain a higher percentage of their income from the sale of agricultural products than from their total earnings from any other economic activity. 4. In order to apply this chapter, Member States may use the definitions laid out in their relevant national legislation and which are currently used for granting specific types of aid. 5. The Member States shall increase the value of basic payment entitlements by up to 50 % for farmers fulfilling the conditions laid down by the Member States, as set out in this chapter, and bearing in mind the ceiling set by Article 33b.
Amendment 1868 #
Proposal for a regulation
Article 33 b (new)
Article 33 b (new)
Article 33b Financial provisions 1. In order to finance the payment referred to in Article 33a, Member States shall use 10 % of the annual national ceiling set out in Annex II.
Amendment 1882 #
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, progressive reduction and capping, 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 hectareeligible hectares situated in these areas with natural constraints held by the farmer concerned.
Amendment 1997 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2
Article 37 – paragraph 1 – subparagraph 2
Member States may, by 1 August5 October of each year, as of 20164, reviewduce their estimated percentage with effect from 1 January 2017, on the basis of the applications made in respect of that year. They shall notify the Commission of the reviewed percentage by 1 August 20165 October of each year.
Amendment 2001 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Without prejudice to the maximum of 2 % set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 2 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25, up to the ceiling of 2% set in paragraph 1.
Amendment 2021 #
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 vegetablesany sector of agricultural activity and short rotation coppice.
Amendment 2059 #
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 ofin farming or specific agricultural sectors undergowhich are: (a) experiencing certain difficulties and are particularly important for economic and/or social and/or environmental reasonsreasons or owing to their insularity and/or; (b) particularly important in terms of protection or improvement of the environment, climate protection and/or biodiversity. Aid will also be provided with the aim of promoting high-quality produce, improving competitiveness and encouraging the concentration or commercial organisation of production in the sector concerned.
Amendment 2070 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 a (new)
Article 38 – paragraph 3 – subparagraph 1 a (new)
In accordance with the provisions of the preceding paragraph, farmers in the livestock, milk and dairy products, beef and sheep- and goatmeat sectors, who do not own the land which they farm, shall have access to a system of payments based on special entitlements.
Amendment 2082 #
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
5. Coupled support shall take the form of an annual payment and shall be granted within defined quantitative limits and based on fixed areas and yields or on a fixed number of animalsobjective criteria.
Amendment 2142 #
Proposal for a regulation
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. Member States may, by 1 August 2016of each year, review their decision pursuant to paragraphs 1, 2 and 3 and decide, with effect from 2017the subsequent year:
Amendment 2150 #
Proposal for a regulation
Article 39 – paragraph 4 – point a
Article 39 – paragraph 4 – point a
(a) to increase the percentage fixed pursuant to paragraphs 1, 2 and 23, within the limits laid down therein where applicable, and, where appropriate, modify the conditions for granting the support;
Amendment 2231 #
Proposal for a regulation
Article 48 – paragraph 2 a (new)
Article 48 – paragraph 2 a (new)
Member States may stipulate that farmers who receive support which is less than an amount to be determined, and which may in no circumstances exceed EUR 1000, shall be included in the scheme, unless they expressly ask to leave it by submitting an application at the latest by the date indicated in the first paragraph.
Amendment 2286 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Annex Ia List of minimum activities to be carried out on land used for pasture or cultivation and minimum criteria to be met by farmers, as referred to in Article 4 I – Minimum activities (the Commission will incorporate the list into this annex) II – Criteria to be met by farmers (the Commission will incorporate the list into this annex)