35 Amendments of Liam AYLWARD related to 2011/0280(COD)
Amendment 181 #
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to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references.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direct income support should be more equitably distributed between Member States, by gradually reducing the link to historical references and having regard to the overall context of the Union budget.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, aAll payment entitlements activated in 2019 in a Member State or in a region should havebe moving towards a uniform unit value following a convergence towards this value that should take place during tha flexible transition period in linear steps. However, isteps. 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. Member States may also limit the reduction in the basic payment to farms resulting from the phasing out of the historical model.
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 305 #
Proposal for a regulation
Recital 38
Recital 38
(38) A simple and specific scheme for small farmers should be put in place in ordMember States should be authorised to use part of their national direct payments ceiling to put in place a simple and specific scheme for small farmers to reduce the administrative costs linked to the management and control of direct support. For that purpose, a lump- sum payment replacing all direct payments should be established. Rules seeking simplification of formalities should be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to controls on cross-compliance and to controls as laid down in Regulation (EU) No […] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No […] [HZR] applies to small farmers. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competitive structures and without hampering structural change in agriculture. For that reason, access to the scheme should be limited to existing holdings.
Amendment 316 #
Proposal for a regulation
Recital 43
Recital 43
(43) With a view to strengthening their rural development policy, Member States should be given the possibility to transfer funds from their direct payments ceiling to their support assigned for rural development. At the same time, Member States where the level of direct support remains lower than 90 % of the Union average level of support should be given the possibility to transfer funds from their support assigned for rll monies thus transferred should be subject to co-financing by the Member State at the rate applying to the Rural dDevelopment to their direct payments ceiling. Such choices should be made, within certain limits, once and for the whole period of application of this RegulationProgramme in that Member State.
Amendment 819 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
1. Before 1 August 2013, Member States may decide to make available as additional support for measures under rural development programming financed under the EAFRD as specified under Regulation (EU) No […] [RDR], up to 10 % of their annual national ceilings for calendar years 2014 to 2019 subject to co-financing by the Member State at the rate applying to the rural development programme in that Member State, as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments.
Amendment 831 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
The funds transferred to the EAFRD in application of this article shall be co- financed in accordance with the general co-financing rates pursuant to Regulation (EU) No [...] [RDR].
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 1296 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have threewo different crops on their arable land where the arable land of the farmer covers more than 315 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year;
Amendment 1338 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) to have ecological focus area on their agricultural area. rable land where the arable land of the farmer covers more than 15 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year.
Amendment 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 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 1475 #
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 Spayable to individual farmers as a fixed percentatge concerned according to Article 26 top of their basic payment.
Amendment 1531 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 315 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least threewo different crops. None of those three crops shall cover less than 5 % of the arable land and tThe main onecrop shall not exceed 70 % of the arable land.
Amendment 1609 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Amendment 1666 #
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 decreaselimit referred to in paragraph 21 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land.
Amendment 1717 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. When the arable land of the farmer covers more than 15 hectares, Farmers shall ensure that at least 7 5% of their eligible hectares as defined in Article 25 (2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii), hedges, stone walls or internal farm roadways, land planted with nitrogen-fixing crops, short rotation coppice and afforested areas as referred to in article 25(2)(b)(ii). The inclusion of such features as ecological focus areas does not preclude these measures being aided under Regulation No [ ] [RDR].
Amendment 1721 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Farmers shall ensure that at least 75 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, all landscape features, buffer strips and protected under relevant SMRs and GAECs pursuant to Regulation (EU) N° [...] [HZR] and pursuant to Article 29 of Regulation (EU) N° [...] [RDR] as well as hedges, ponds, ditches, trees and groups of trees, traditional stone walls, riparian vegetation, buffer strips including both grass strips and field margins, and areas cultivated with species beneficial for carbon sequestration including afforested areas as referred to in article 25(2)(b)(ii), biodiversity and water quality.
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 1933 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1 and who meet objective criteria determined by the Member State.
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 1967 #
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 1
Article 36 – paragraph 5 – subparagraph 1
Amendment 2194 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Member States may operate a simplified scheme under the conditions laid down in this Title, hereinafter referred to as 'small farmers scheme'. Farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided for in Article 10(1) may opt for participation in a simplified scheme under the conditions laid down in this Title, hereinafter referred to as ‘small farmers scheme’