52 Amendments of Robert DUŠEK
Amendment 193 #
2013/0137(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind between persons other than professional operators. and other than professional operators defined in the Article 2, paragraph 7 of the Proposal European Parliament and of the Council on protective measures against pests of plants
Amendment 294 #
2013/0137(COD)
Proposal for a regulation
Article 7 – point h a (new)
Article 7 – point h a (new)
(ha) where the variety is protected by a Plant Variety Right (PVR), a professional operator must have the consent of the holder to produce seed of the variety.
Amendment 438 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out that, by way of derogation to paragraph 1 of this Article, plant reproductive material may be produced and made available on the market without belonging to a variety in the meaning of point (1) of Article 10 (‘'hereafter ’'heterogeneous material‘') and not fulfilling the requirements on distinctiveness, uniformity and stabiluniformity as set out in aArticles 60, 61 and 62 and satisfactory value for cultivation and/or use or sustainable value for cultivation and/or use as set out in articles 58 and 59 61.
Amendment 444 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point b
Article 14 – paragraph 3 – subparagraph 2 – point b
(b) rules concerning description of the material, including the breeding methods and parental material used, description of the production scheme for the plant reproductive material including specification of the content of the individual components and availability of standard samples;
Amendment 454 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]. They may be adopted per particular genera or species except heterogeneous and facultative heterogeneous species including forage species.
Amendment 610 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose consolidated annual turnover or consolidated balance sheet total does not exceed EUR 2 million;100 thousand
Amendment 654 #
2013/0137(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than 510% compared to the germination rate required pursuant to Article 16(2).
Amendment 660 #
2013/0137(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Plant reproductive material referred to in paragraph 1 may be made available on the market only once from amoneg professional operator to another, without being further transferred to any other persons.
Amendment 667 #
2013/0137(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Seed referred to in paragraph 1 may be made available on the market only once, from oneby professional operator to another, without being further transferred to any other person, on the basis of a provisional analytical report concerning germination.
Amendment 690 #
2013/0137(COD)
Proposal for a regulation
Article 46 – paragraph 3 a (new)
Article 46 – paragraph 3 a (new)
3 a. Notwithstanding the provisions of 1, 2, 3 exports can be carry out in accordance with the bilateral agreement between the professional operators (exports according to contract)
Amendment 771 #
2013/0137(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c
Article 56 – paragraph 2 – point c
Amendment 778 #
2013/0137(COD)
Proposal for a regulation
Article 56 – paragraph 4 – point c
Article 56 – paragraph 4 – point c
Amendment 786 #
2013/0137(COD)
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 832 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. After the registration of a variety in a national variety register pursuant to paragraph 2(a), national competent authorities may approve additional region(s) of origin for that variety.
Amendment 852 #
Amendment 983 #
2013/0137(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. Competent authorities shall, on reasoned request, make available the examination reports to third parties, subject to national or Union provisions on data protection and applicable rules on confidentiality. Results of Value for Cultivation and Use (VCU) are available to everyone.
Amendment 1039 #
2013/0137(COD)
Proposal for a regulation
Article 89 – paragraph 2
Article 89 – paragraph 2
2. Applicants employing fewer than 10 persons and whose consolidated annual turnover or consolidated annual balance sheet total does not exceed EUR 2 million100 thousands shall be exempted from the payment of the fees provided for in Article 87 and Article 88.
Amendment 1083 #
2013/0137(COD)
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts, in accordance with the procedure referred to in Article 140, setting out the method of the calculation the amount of the fees referred to in Article 87(1) as applied pursuant to Article 94.
Amendment 218 #
2011/0288(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
Amendment 231 #
2011/0288(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 251 #
2011/0288(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) the sustainable development of the economical activity of holdings other than those referred to in paragraph (2)(d);
Amendment 260 #
2011/0288(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point b a (new)
Article 12 – paragraph 3 – point b a (new)
(ba) the requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation at minimum as laid down in Annex I to this Regulation;
Amendment 268 #
2011/0288(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point b b (new)
Article 12 – paragraph 3 – point b b (new)
(bb) 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].
Amendment 272 #
2011/0288(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure the separation between advice and control. In this respect and without prejudice to national legislation concerning public access to documents, Member States shall ensure that the designated bodies referred to in Article 12 do not disclose personal or individual information and data they obtain in their advisory activity to persons other than the beneficiary managing the holding concerned, with the exception of a support provider, the control authorities of the advisory system and cases of any irregularity or infringement found during their activity which is covered by an obligation laid down in Union or national law to inform a public authority, in particular in the case of criminal offences.
Amendment 278 #
2011/0288(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 304 #
2011/0288(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Following the Commission decision approving the programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission. 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.
Amendment 310 #
2011/0288(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Following the Commission decision approving the programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission. This initial pre-financing amount shall represent 4% 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.
Amendment 392 #
2011/0288(COD)
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
If recovery has not taken place within four years of the date of the recovery request, or within eight years where recovery is taken in the national courts, 50 % of the financial consequences of non-recovery shall be borne by the Member State concerned and 50 % by the Union budget, without prejudice to the requirement that the Member State concerned must pursue recovery procedures in compliance with Article 60.
Amendment 404 #
2011/0288(COD)
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2 a (new)
Article 56 – paragraph 2 – subparagraph 2 a (new)
However, if for reasons not attributable to the Member State concerned, recovery could not take place within the time-limits specified in the first subparagraph, and the amount to be recovered exceeds EUR 1 million, the Commission may at the request of the Member State, extent the time limits by a maximum of 50% of the initial time limits.
Amendment 408 #
2011/0288(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
When the Union budget is credited as referred in the first paragraph, the Member State may retain 120 % of the corresponding amounts as flat rate recovery costs, except in cases of irregularity or negligence attributable to its administrative authorities or other official bodies.
Amendment 414 #
2011/0288(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point b
Article 60 – paragraph 1 – point b
Amendment 488 #
2011/0288(COD)
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. Member States may use remote sensing, photogrammetry, geodetic survey methods and Global Navigation Satellite System (GNSS) techniques as a means of carrying out on-the-spot checks on agricultural parcels.
Amendment 493 #
2011/0288(COD)
Proposal for a regulation
Article 76 – paragraph 1 – subparagraph 1
Article 76 – paragraph 1 – subparagraph 1
The payments under the support schemes and measures referred to in Article 68(2) shall be made within the period from 1 Decem6 October to 30 June15 October of the following calendar year. Payments shall be made in up to two instalments within that period.
Amendment 495 #
2011/0288(COD)
Proposal for a regulation
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Amendment 560 #
2011/0288(COD)
Proposal for a regulation
Article 92 – paragraph 2
Article 92 – paragraph 2
However, Article 91 shall not apply to beneficiaries receiving aid under Article 29(9) of Regulation (EU) No RD/xxx and to the 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/xxxunless the Member State provides otherwise.
Amendment 650 #
2011/0288(COD)
Proposal for a regulation
Article 106 – paragraph 3
Article 106 – paragraph 3
3. Where a direct payment as provided for in Regulation (EU) No DP/xxx is made to a beneficiary in a currency other than the euro, Member States shall convert the amount of aid expressed in euro into the national currency on the basis of the most recent exchange rate set by the European Central Bank prior to 1 OctoSeptember of the year for which the aid is granted.
Amendment 509 #
2011/0280(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Without prejudice to Article 8, the total amount of direct payments which may be granted in a Member State pursuant to Titles III, IV and V in respect of a calendar year, after application of Article 11, shall not be higher than the ceilings set out in Annex III to this Regulation.
Amendment 520 #
2011/0280(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 538 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 553 #
2011/0280(COD)
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 following applies:ose main purpose of business is not agricultural activities, on the basis of objective and non-discriminatory criteria laid down by the Member State.
Amendment 704 #
2011/0280(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 1268 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Farmers entitled to a payment under the basic payment scheme referred to in Chapter 1 shallmay apply for a payment for agricultural practises beneficial for the climate and the environment, provided they observe on their eligible hectares as defined in Article 25(2) the following agricultural practises beneficial for the climate and the environment:
Amendment 1460 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4 a. Member States may decide that farmers shall be entitled to the payment referred to in this Chapter if they meet one or more of the following criteria: - 100 % certified sustainable farming, - farms participating in determined agro- environmental programmes with at least 50 % of their agricultural area, - farms with at least 50 % of their agricultural area situated in Natura 2000 zones with specific restrictions to agricultural use based on the object of the protection.
Amendment 1478 #
2011/0280(COD)
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), to farmers who have decided to participate in the payment scheme for agricultural practises beneficial for the climate and the environment, 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 concerned according to Article 26.
Amendment 1541 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 3 hectares1/3 of the average size of agricultural holding of the Member State 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 three different crops. None of those three crops shall cover less than 5 % of the arable land and the main one shall not exceed 70 % of the arable land.
Amendment 1569 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. This obligation shall not apply to agricultural holdings where the area of grassland covers more than 70 % of the total area of the holding.
Amendment 1602 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Amendment 1624 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)
Article 31 – paragraph 1 – subparagraph 1 a (new)
Member States shall ensure that agricultural land which was under permanent grassland for claim year 2014 is maintained under permanent grassland.
Amendment 1920 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shallmay grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 2047 #
2011/0280(COD)
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, pork, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.
Amendment 2109 #
2011/0280(COD)
Proposal for a regulation
Article 39 – paragraph 2 – introductory part
Article 39 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, Member States may decide to use up to 105 % of the annual national ceiling set out in Annex II provided that:
Amendment 2205 #
2011/0280(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. PMember States may decide that payments under the small farmers scheme shall replace the payments to be granted pursuant to Titles III and IV.