BETA

36 Amendments of Albert DESS related to 2011/0288(COD)

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Recital 54

(54) As regards Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy the provisions will only be operational under cross compliance when all Member States will have fully implemented them in particular with clear obligations for farmers. According to the Directive the requirements at farm level will be applied at the latest by 1 January 2013.deleted

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Recital 55

(55) As regards Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides the provisions will only be operational under cross compliance when all Member States will have fully implemented them in particular with clear obligations for farmers. According to the Directive the requirements at farm level will be progressively applied following a time schedule and in particular the general principles of integrated pest management will be applied at the latest by 1 January 2014.deleted

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Recital 56

(56) According to Article 22 of Directive 2000/60/EC, Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances shall be repealed on 23 December 2013. In order to maintain the rules under cross compliance related to protection of groundwater, it is appropriate, while awaiting the inclusion of Directive 2000/60/EC in cross compliance, to adjust the scope of cross-compliance and to define a standard of good agricultural and environmental condition encompassing the requirements of Articles 4 and 5 of the Directive 80/68/EEC.deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point c

(c) to ~~ensure that remedial action is taken as regards~~take or coordinate, as the case may be, actions with a view to resolving any deficiencies of a common nature and ~~that~~keep the Commission ~~is kept~~ informed of the follow-up;

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS

Proposal for a regulation
Article 12 – paragraph 2 – point d

(d) the sustainable development of the economical activity of the small farms as defined by the Member States and at least of the farms participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP].deleted

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS

Proposal for a regulation
Article 12 – paragraph 3 – point b a (new)

(ba) the sustainable development of the economic activity of small farms, as defined by the Member States, and at least of the farms participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP].

2012/07/20
Committee: AGRI

Albert DESS, Elisabeth JEGGLE

Proposal for a regulation
Article 25 – paragraph 6

6. Before applying this Article, account shall first be taken of the amount authorised by the budget authority for the Reserve for crises in the agricultural sector referred to in point 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management.deleted

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Article 29

~~Without prejudice to the eligibility for support under Article 30(2)~~Save with regard to support provided for under Articles 29 and 30 of Regulation EAFRD/2012, which is without prejudice to payments under Chapter II of Title III of Regulation ~~(EU) No RD/xxx~~DP/2012, expenditure financed under the EAFRD shall not be subject of any other financing under the EU budget.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 34 – paragraph 1

(1) Following the ~~Commission deci~~decision of the Commission approving the rural development programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission to the Member State. This initial pre-financing amount shall represent 47% of the EAFRD contribution to the programme concerned. It may be split into a maximum of three instalments depending on budget availability. The first instalment shall represent 2% of the EAFRD contribution to the programme concerned.

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS

Proposal for a regulation
Title 4 – chapter 2 – section 4

~~[...]~~deleted

2012/07/20
Committee: AGRI

Albert DESS, Elisabeth JEGGLE

Proposal for a regulation
Article 42 – paragraph 2

~~2. Where the latest possible date of payment is not respected by the Member States, they shall pay the beneficiaries default interests, supported from the national budget.~~deleted

2012/07/20
Committee: AGRI

Albert DESS, Elisabeth JEGGLE

Proposal for a regulation
Article 44

Article 44 Suspension of payments in case of late submission When sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the numbers of checks carried out and their outcome and the Member States overrun that period, the Commission may suspend the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time.deleted

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Article 48 – paragraph 7 – subparagraph 1 – point c

~~(c) rules on the payment by the Member States of default interests to the beneficiaries as referred to in Article 42(2).~~deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 56 – paragraph 1

1. For any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within ~~one year of the first indic~~24 months of a control report or similar document stationg that ~~such~~ an irregularity has taken place ~~and shall record~~being received by the paying agency or the body responsible for the recovery. At the same time the corresponding amounts shall be recorded in the debtors' ledger of the paying agency.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 60 – paragraph 2 a (new)

2a. The introduction of new payment systems, which would in turn necessitate the introduction of new greening-related monitoring and penalty systems, must be avoided as this would create a need for additional, complicated administrative procedures and more red tape.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2

~~The amount of the reduction of aid shall be graduated a~~According to the severity, extent, duration and reoccurrence of the non compliance found an, the administrative penalties imposed may go as far as total exclusion from one or several aid schemes or support measures for one or more calendar years.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 77 – paragraph 2 – point b

(b) provisions required for a harmonised definition of the basis for calculation of aid~~, including rules on how to deal with certain cases where eligible areas contain landscape features or trees~~;

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Article 91 – paragraph 2 – subparagraph 2

However, for forest areas this penalty shall not apply ~~in so far as no support is claimed for the concerned area in accordance with Articles 22(1)(a), 31 and 35 of Regulation (EU) No xxx/xxx[RD]~~.

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Article 92 – paragraph 1

Article 91 shall apply to beneficiaries receiving direct payments under Regulation (EU) No xxx/xxx[DP]~~, payments under Articles 44 and 45 of Regulation (EU) No xxx/xxx[sCMO]~~ and the annual premia under Articles 22(1) (a), 29 and ~~(b), 29 to 32~~30, 31 in so far as it is concerned with agricultural areas, 342 and 354 of Regulation (EU) No xxx/xxx[RD].

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Article 92 – paragraph 2

However, Article 91 shall not apply to ~~beneficiaries participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP] and to~~ the beneficiaries receiving aid under Article 29(9) of Regulation (EU) No RD/xxx.

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Article 93 – paragraph 3

Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy will be considered as being part of Annex II once this Directive is implemented by all Member States and the obligations directly applicable to farmers have been identified. In order to take account of those elements the Commission shall be empowered to adopt delegated acts in accordance with Article 111 for the purpose of amending the Annex II within 12 months starting at the moment the last Member State has notified the implementation of the Directive to the Commission.deleted

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Article 93 – paragraph 4

Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides will be considered as being part of Annex II once this Directive is implemented by all Member States and the obligations directly applicable to farmers have been identified. In order to take account of those elements the Commission shall be empowered to adopt delegated acts in accordance with Article 111 for the purpose of amending the Annex II within 12 months starting at the moment the last Member State has notified the implementation of the Directive to the Commission, including the obligations relating to integrated pest management.deleted

2012/07/20
Committee: AGRI

Peter JAHR, Albert DESS, Britta REIMERS

Proposal for a regulation
Article 102 – paragraph 3 a (new)

(3a) In so far as statistical analyses are required in order to notify the Commission pursuant to this article , the Commission shall furnish Member States with information required in each case with sufficient notice before the beginning of the period during which they are to be undertaken.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 110 – paragraph 1 – subparagraph 1

A common monitoring and evaluation framework shall be established, which may not, however, lead to additional payment, monitoring or penalisation systems for the 'greening of the CAP', with a view to measuring the performance of the common agricultural policy. It shall include all instruments related to the monitoring and evaluation of common agricultural policy measures and in particular of the direct payments provided for in Regulation (EU) No DP/xxx, the market measures provided for in Regulation (EU) No CMO/xxx, the rural development measures provided for in Regulation (EU) No RD/xxx and of the application of the cross compliance provided for in this Regulation.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 110 – paragraph 2 – subparagraph 1 – introductory part

The ~~impact~~performance of the common agricultural policy measures referred to in paragraph 1 shall be measured in relation to the following objectives:

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex II — Main Issue "Soil and carbon stock" — GAEC 4

~~Minimum soil cover~~deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex II — Main Issue "Soil and carbon stock" — GAEC 5

~~Minimum land management reflecting site specific conditions to limit erosion~~deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex II — Main Issue "Soil and carbon stock" — GAEC 7

~~Protection of wetland and carbon rich soils including a ban of first ploughing~~deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex II — Main Issue "Landscape, minimum level of maintenance" — GAEC 8

Retention of landscape features, including where appropriate, hedges, ponds, ditches, trees in line, in group or isolated, field margins and terraces, and including a ban on cutting hedges and trees during the bird breeding and rearing season and possible measures for avoiding invasive species and pestsdeleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex II — Main Issue "Identification and registration of animals" — SMR 6

~~Council Directive 2008/71/EC of 15 July 2008 on identification and registration of pigs (OJ L 213, 8.8.2005, p. 31)~~deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex II — Main Issue "Identification and registration of animals" — SMR 7

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ L 204, 11.8.2000, p. 1)deleted

2012/07/20
Committee: AGRI

Proposal for a regulation
Annex II — Main Issue "Identification and registration of animals" — SMR 8

~~Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals (OJ L 5, 9.1.2004, p. 8) 8) Articles 3, 4 and 5~~deleted

2012/07/20
Committee: AGRI

Albert DESS, Peter JAHR, Hans-Peter MAYER

Proposal for a regulation
Article 110 a

1. Member States shall ensure annual ex post publication of the beneficiaries of the EAGF and the EAFRD. The publication shall contain: (a) without prejudice to the first paragraph of Article 110b of this Regulation, the name of the beneficiaries, as follows: (i) the first name and the surname where the beneficiaries are natural persons; (ii) the full legal name as registered where the beneficiaries are legal persons with the autonomous legal personality pursuant to the legislation of the Member State concerned; (iii) the full name of the association as registered or otherwise officially recognised where the beneficiaries are associations without an own legal personality; (b) the municipality where the beneficiary resides or is registered and, where available, the postal code or the part thereof identifying the municipality; (c) the amounts of payment corresponding to each measure financed by the EAGF and the EAFRD received by each beneficiary in the financial year concerned; (d) the nature and the description of the measures financed by the EAGF or the EAFRD and under which the payment referred to in point (c) is awarded. The information referred to in the first subparagraph shall be made available on a single website per Member State. It shall remain available for two years from the date of the initial publication. 2. As regards the payments corresponding to the measures financed by the EAFRD as referred to in point (c) of the first subparagraph of paragraph 1, the amounts to be published shall correspond to the total public funding, including both the Union and the national contribution.Article 110a deleted Publication of beneficiaries

2012/10/18
Committee: AGRI

~~(i) the first name and the surname where the beneficiaries are natural persons;~~deleted

2012/10/18
Committee: AGRI

Albert DESS, Peter JAHR, Hans-Peter MAYER

Where the amount of aid received in one year by a beneficiary is equal or less than the amount fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx that Member State shall not publish the name of that beneficiary as provided for in point (a) of the first subparagraph of Article 110a(1) of this Regulation. The amounts fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx and notified to the Commission under that Regulation shall be made public by the Commission in accordance with the rules adopted under Article 110d. Where the first paragraph of this Article applies the Member States shall publish the information referred to in points (b), (c) and (d) of the first subparagraph of Article 110a(1) and the beneficiary shall be identified by a code. Member States shall decide on the form of that code.Article 110b deleted Threshold

2012/10/18
Committee: AGRI

Albert DESS, Peter JAHR, Hans-Peter MAYER

Proposal for a regulation
Article 110 c

Information of the beneficiaries Member States shall inform the beneficiaries that their data will be made public in accordance with Article 110a and that the data may be processed by auditing and investigating bodies of the Union and the Member States for the purpose of safeguarding the Union's financial interests. In accordance with the requirements of Directive 95/46/EC, where personal data is concerned, the Member States shall inform the beneficiaries of their rights under the data protection rules and of the procedures applicable for exercising those rights.Article 110 c deleted

2012/10/18
Committee: AGRI