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Document 52020AP0287

Amendments adopted by the European Parliament on 23 October 2020 on the proposal for a regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the Common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council (COM(2018)0392 — C8-0248/2018 — 2018/0216(COD))

OJ C 404, 6.10.2021, p. 254–570 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

6.10.2021   

EN

Official Journal of the European Union

C 404/254


P9_TA(2020)0287

Common agricultural policy — support for strategic plans to be drawn up by Member States and financed by the EAGF and by the EAFRD ***I

Amendments (*1) adopted by the European Parliament on 23 October 2020 on the proposal for a regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the Common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council (COM(2018)0392 — C8-0248/2018 — 2018/0216(COD)) (1)

(Ordinary legislative procedure: first reading)

(2021/C 404/18)

Amendments 776 and 847

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 sets out the challenges, objectives and orientations for the future Common Agricultural Policy (CAP) after 2020. These objectives include, inter alia, the need for the CAP to be more result-driven, to boost modernisation and sustainability, including the economic, social, environmental and climate sustainability of the agricultural, forestry and rural areas, and to help reducing the Union legislation-related administrative burden for beneficiaries.

(1)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 sets out the challenges, objectives and orientations for the future Common Agricultural Policy (CAP) after 2020. These objectives include, inter alia, the need for the CAP to be more result-driven, market-oriented, to boost modernisation and sustainability, including the economic, social, demographic, environmental and climate sustainability of the agricultural, forestry and rural areas, and to help reducing the Union legislation-related administrative burden for beneficiaries. The new policy should also represent a simplification for beneficiaries who should receive a fair income. In order for the CAP to achieve those objectives, it is of utmost importance to keep the same level of financing in the 2021-2027 Multiannual Financial Framework as during the 2014-2020 period.

Amendment 1

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a)

The CAP continues to play a key role in the development of the Union’s rural areas. It is therefore necessary to attempt to slow down the gradual abandonment of agricultural activity by keeping a CAP that is strong, with adequate resources, to mitigate the depopulation of rural areas and to continue meeting consumer expectations in terms of the environment, food safety and animal welfare. In view of the challenges faced by Union producers in responding to new regulatory requirements and a higher level of environmental ambition, against a background of price volatility and Union borders that are more open to imports from third countries, the CAP budget should be kept at least at the same level as during the 2014-2020 period.

Amendment 2

Proposal for a regulation

Recital 1 b (new)

Text proposed by the Commission

Amendment

 

(1b)

In order to address the global dimension and implications of the CAP, the Commission should ensure coherence and continuity with the other Union external policies and instruments, in particular in development cooperation and trade. The Union’s commitment to policy coherence for development requires the taking into account of development objectives and principles when designing policies.

Amendment 3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)

Since the CAP needs to sharpen its responses to the challenges and opportunities as they manifest themselves at Union, international, national, regional, local and farm levels, it is necessary to streamline the governance of the CAP and improve its delivery on the Union objectives and to significantly decrease the administrative burden. In the CAP based on delivery of performance (‘delivery model’), the Union should set the basic policy parameters, such as objectives of the CAP and basic requirements, while Member States should bear greater responsibility as to how they meet the objectives and achieve targets. Enhanced subsidiarity makes it possible to better take into account local conditions and needs, tailoring the support to maximise the contribution to Union objectives.

(2)

Since the CAP needs to sharpen its responses to the challenges and opportunities as they manifest themselves at Union, international, national, regional, local and farm levels, it is necessary to streamline the governance of the CAP and improve its delivery on the Union objectives and to significantly decrease the administrative burden , in particular to the final beneficiaries . In the CAP based on delivery of performance (‘delivery model’), the Union should set the basic policy parameters, such as objectives of the CAP and  basic requirements, while Member States should bear greater responsibility as to how they meet the objectives and achieve targets , whilst ensuring policy certainty and financial security for the sector . Enhanced subsidiarity makes it possible to better take into account local conditions and needs, tailoring the support to maximise the contribution to Union objectives. Nevertheless, in order to ensure that such subsidiarity does not represent a ‘renationalisation’ of the CAP, this Regulation should include a strong body of Union provisions designed to prevent the distortion of competition and to ensure non-discriminatory treatment for all Union farmers throughout the territory of the Union.

Amendment 4

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)

The use of common definitions entirely set at Union level has caused certain difficulties for Member States to cater their own specificities at national, regional, and local level. Member States should therefore be given the flexibility to specify certain definitions in their CAP Strategic Plan. In order to ensure a common level playing field, a certain framework has, however, to be set at Union level constituting the necessary essential elements to be included in those definitions (‘framework definitions’).

(3)

Member States should be given the flexibility to specify certain definitions in their CAP Strategic Plan. In order to ensure a common level playing field, a certain framework has, however, to be set at Union level constituting the necessary common elements to be included in those definitions (‘framework definitions’).

Amendment 5

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)

In order to ensure that the Union can respect its international obligations on domestic support as set out in the WTO Agreement on Agriculture, and in particular that the basic income support for sustainability and related types of interventions continue to be notified as ‘Green Box’ support which has no, or at most minimal, trade-distorting effects or effects on production, the framework definition for ‘agricultural activity’ should provide for both the production of agricultural products or the maintenance of the agricultural area. In light of adjusting to local conditions, Member States should lay down the actual definition of agricultural activity in their CAP Strategic Plans.

(4)

In order to ensure that the Union can respect its international obligations on domestic support as set out in the WTO Agreement on Agriculture, and in particular that the basic income support for sustainability and related types of interventions continue to be notified as ‘Green Box’ support which has no, or at most minimal, trade-distorting effects or effects on production, the framework definition for ‘agricultural activity’ should provide for both the production of agricultural products or the maintenance of the agricultural area. In light of adjusting to local conditions, Member States should lay down the definition of agricultural activity in their CAP Strategic Plans , complying with the common elements of the Union framework definition .

Amendment 6

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)

In order to retain the essential Union-wide elements to ensure comparability between Member State decisions, without however limiting Member States in reaching Union objectives, a framework definition for ‘agricultural area’ should be set out. The related framework definitions for ‘arable land’, ‘permanent crops’ and ‘permanent grassland’ should be set out in a broad way to allow Member States to further specify definitions according to their local conditions. The framework definition for ‘arable land’ should be laid down in a way that allows Member States to cover different production forms, including system such as agroforestry and arable areas with shrubs and trees and that requires the inclusion of fallow land areas in order to ensure the decoupled nature of the interventions. The framework definition of ‘permanent crops’ should include both areas actually used for production and not, as well as nurseries and short rotation coppice to be defined by Member States. The framework definition of ‘permanent grassland’ should be set in a way that allows Member States to specify further criteria and allows them to include species other than grasses or other herbaceous forage that can be grazed or that may produce animal feed, whether used for actual production or not.

(5)

In order to retain common essential Union-wide elements to ensure comparability between Member State decisions and equal treatment between Union farmers , without however limiting Member States in reaching Union objectives, a framework definition for ‘agricultural area’ should be set out. The related framework definitions for ‘arable land’, ‘permanent crops’ and ‘permanent grassland’ should be set out in a broad way to allow Member States to further specify definitions according to their local conditions and traditional practices . The framework definition for ‘arable land’ should be laid down in a way that allows Member States to cover different production forms, including system such as agroforestry and arable areas with shrubs and trees and that requires the inclusion of fallow land areas in order to ensure the decoupled nature of the interventions. The framework definition of ‘permanent crops’ should include both areas actually used for production and not, as well as nurseries and short rotation coppice to be defined by Member States. The framework definition of ‘permanent grassland’ should be set in a way that allows Member States to specify further criteria and allows them to include species other than grasses or other herbaceous forage that can be grazed , whether exclusively or not, or that may produce animal feed, whether used for actual production or not.

Amendment 7

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a)

The focus in the future of farming should be on producing high-quality food, as that is where the Union’s competitive advantage lies. Union standards should be maintained and strengthened where feasible, and measures should be provided for to further increase the long-term productivity and competitiveness of the food production sector, and to introduce new technologies and a more efficient use of resources, thereby strengthening the Union’s role as a world leader.

Amendment 8

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)

As regards the areas used for the production of hemp, in order to preserve public health and to ensure the coherence with other bodies of legislation, the use of hemp seeds varieties with tetrahydrocannabinol content below 0,2  % should be part of the definition of eligible hectare.

(8)

As regards the areas used for the production of hemp, in order to preserve public health and to ensure the coherence with other bodies of legislation, the use of hemp seeds varieties with tetrahydrocannabinol content below 0,3  % should be part of the definition of eligible hectare.

Amendment 9

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)

In view of further improving the performance of the CAP, income support should be targeted to genuine farmers. In order to ensure a common approach at Union level for such a targeting of support, a framework definition for ‘ genuine farmer’ displaying the essential elements should be set out. On the basis of this framework, Member States should define in their CAP Strategic Plans which farmers are not considered genuine farmers based on conditions such as income tests, labour inputs on the farm, company object and inclusion in registers. It should also not result in precluding support to pluri-active farmers, who are actively farming but who are also engaged in non-agricultural activities outside their farm, as their multiple activities often strengthen the socio-economic fabric of rural areas.

(9)

In view of further improving the performance of the CAP, income support should be targeted to active farmers. In order to ensure a common approach at Union level for such a targeting of support, a framework definition for ‘ active farmer’ displaying the common elements should be set out. Support to pluri-active farmers, who are actively farming but who are also engaged in non-agricultural activities outside their farm, should not be precluded, as their multiple activities often strengthen the socio-economic fabric of rural areas. That framework definition should, in any event, help to preserve the model of family farming that exists in the Union.

Amendment 10

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a)

Equality between women and men is a core principle of the Union and gender mainstreaming is an important tool in the integration of that principle into to the CAP. There should therefore be a particular focus on promoting the participation of women in the socio-economic development of rural areas. The size of female-operated farms tends to be smaller and the work performed by women, as farmers’ spouses, is not always recognised and visible, which has an impact on their economic independence. This Regulation should help to ensure that the work that women do is more visible, better appreciated and taken into account within the specific objectives to be proposed by the Member States in their strategic plans. Gender equality as well as non-discrimination principles should be an integral part of the preparation, implementation and evaluation of CAP interventions. Member States shall also strengthen their capacity in gender mainstreaming and in the collection of sex-disaggregated data.

Amendment 11

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)

In order to ensure consistency between the direct payments types of interventions and rural development types of interventions when addressing the objective of generational renewal, a framework definition for ‘young farmer’ with the essential elements should be set out at Union level.

(10)

In order to ensure consistency between the direct payments types of interventions and rural development types of interventions when addressing the objective of generational renewal, a framework definition for ‘young farmer’ with common elements should be set out at Union level.

Amendment 12

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a)

In order to ensure consistency between the direct payments types of interventions and rural development types of interventions when addressing the objective of facilitating business development in rural areas, a framework definition for ‘new farmer’ with common elements should be set out at Union level.

Amendment 13

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)

In order to give substance to the objectives of the CAP as established by Article 39 of the Treaty on the Functioning of the European Union (TFEU), as well as to ensure that the Union adequately addresses its most recent challenges, it is appropriate to provide for a set of general objectives reflecting the orientations given in the Communication on ‘The Future of Food and Farming’. A set of specific objectives should be further defined at Union level and applied by the Member States in their CAP Strategic Plans. While striking a balance across the dimensions of sustainable development, in line with the impact assessment, these specific objectives should translate the general objectives of the CAP into more concrete priorities and take into account relevant Union legislation, particularly with regard to climate, energy and environment .

(11)

In order to pursue the objectives of the CAP as established by Article 39 of the Treaty on the Functioning of the European Union (TFEU), as well as to ensure that the Union adequately addresses its most recent challenges, it is appropriate to provide for a set of general objectives reflecting the orientations given in the Communication on ‘The Future of Food and Farming’. A set of specific objectives should be further defined at Union level and pursued by the Member States in their CAP Strategic Plans. While striking a balance across the dimensions of sustainable development, in line with the impact assessment, these specific objectives should translate the general objectives of the CAP into more concrete priorities in the economic, environmental and social spheres .

Amendment 14

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13)

While under the CAP delivery model the Union should set the Union objectives and define the types of interventions as well as the basic Union requirements applicable to Member States, the latter should be in charge of translating that Union framework into support arrangements applicable to beneficiaries. In that context, Member States should act in line with the Charter of Fundamental Rights, general principles of Union law and ensure that the legal framework for the granting of Union support to beneficiaries be based on their CAP Strategic plans and be in line with the principles and requirements set out under this Regulation and the [Horizontal Regulation].

(13)

While under the CAP delivery model the Union should set the Union objectives and define the types of interventions as well as the common Union requirements applicable to Member States, the latter should be in charge of translating that Union framework into support arrangements applicable to beneficiaries. In that context, Member States should act in line with the Charter of Fundamental Rights, general principles of Union law and ensure that the legal framework for the granting of Union support to beneficiaries be based on their CAP Strategic plans and be in line with the principles and requirements set out under this Regulation and the [Horizontal Regulation].

Amendment 15

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a)

The cross-cutting principles set out in Article 3 of the Treaty on European Union (TEU) and in Article 10 TFEU, including the principles of subsidiarity and proportionality as set out in Article 5 TEU, should be observed when implementing the CAP Strategic Plans. Member States and the Commission should also comply with the obligations of the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in line with Article 9 thereof and in accordance with Union law harmonising accessibility requirements for products and services. Member States and the Commission should seek to eliminate inequalities and promote equality between men and women and gender mainstreaming, as well as to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) should not support actions that contribute to any form of segregation, discrimination, or exclusion. The objectives of those funds should be pursued from the perspective of sustainable development and in line with the aim, promoted under the Aarhus Convention and by the Union, of preserving, protecting, and improving the quality of the environment and combating climate change, as set out in Article 11 and Article 191(1) TFEU, while applying the ‘polluter pays’ principle.

Amendment 16

Proposal for a regulation

Recital 13 b (new)

Text proposed by the Commission

Amendment

 

(13b)

The delivery model should not lead to a situation in which there are 27 different national agricultural policies, thus endangering the common spirit of the CAP and creating distortions. It should leave to Member States a certain degree of flexibility within a strong common regulatory framework.

Amendments 17 and 779

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15)

In the context of greater market-orientation of the CAP, as outlined by the Communication on ‘The Future of Food and Farming’, market exposure, climate change and associated frequency and severity of extreme weather events, as well as sanitary and phytosanitary crises, may lead to risks of price volatility and increasing pressures on incomes. Thus, although farmers are ultimately responsible for designing their on-farm strategies, a robust framework should be set up to ensure appropriate risk management. To this aim, Member States and farmers may be able to draw on a Union-level platform on risk management for capacity-building in order to provide farmers with adequate financial instruments for investments and access to working capital, training, knowledge transfer and advice.

(15)

In the context of greater market-orientation of the CAP, as outlined by the Communication on ‘The Future of Food and Farming’, market exposure, absence of reciprocity clauses in trade agreements with third countries, climate change and associated frequency and severity of extreme weather events, as well as sanitary and phytosanitary crises, may lead to risks of price volatility and increasing pressures on incomes . Inequalities in the food chain, mainly at the expense of the primary sector, which is the ‘weakest link’, also have an adverse effect on producers’ incomes . Thus, although farmers are ultimately responsible for designing their on-farm strategies and for improving the resilience of their farms , a robust framework should be set up to ensure appropriate risk management. To this aim, Member States and farmers may be able to draw on a Union-level platform on risk management for capacity-building in order to provide farmers with adequate financial instruments for investments and access to working capital, training, knowledge transfer and advice.

Amendment 18

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16)

Bolstering environmental care and climate action and contributing to the achievement of Union environmental- and climate-related objectives is a very high priority in the future of Union agriculture and forestry. The architecture of the CAP should therefore reflect greater ambition with respect to these objectives. By virtue of the delivery model, action taken to tackle environmental degradation and climate change should be result-driven and Article 11 TFEU should, for this purpose, be considered as an obligation of result.

(16)

Supporting and improving environmental protection, biodiversity and genetic diversity in the agricultural system, as well as climate action and contributing to the achievement of Union environmental- and climate-related objectives is a very high priority in the future of Union agriculture , horticulture and forestry. The architecture of the CAP should therefore reflect greater ambition with respect to these objectives , while at the same time reflecting adequately the greater burden and requirements before the producers . By virtue of the delivery model, action taken to tackle environmental degradation and climate change should be result-driven and Article 11 TFEU should, for this purpose, be considered as an obligation of result.

As many rural areas in the Union suffer from structural problems such as lack of attractive employment opportunities, skill shortages, underinvestment in connectivity, infrastructures and essential services, as well as youth drain, it is fundamental to strengthen the socio-economic fabric in those areas, in line with the Cork 2.0. Declaration, particularly through job creation and generational renewal, by bringing the Commission's jobs and growth to rural areas, promoting social inclusion, generational renewal and the development of ‘Smart Villages’ across the European countryside. As indicated in the Communication on ‘The Future of Food and Farming’, new rural value chains such as renewable energy, the emerging bio-economy, the circular economy, and ecotourism can offer good growth and job potential for rural areas. In this context, financial instruments and the use of the InvestEU guarantee can play a crucial role for ensuring access to financing and for bolstering the growth capacity of farms and enterprises. There is a potential for employment opportunities in rural areas for legally staying third country nationals, promoting their social and economic integration especially in the framework of Community-led Local Development strategies.

As many rural areas in the Union suffer from structural problems such as lack of attractive employment opportunities, skill shortages, underinvestment in broadband and connectivity, infrastructures and essential services, as well as youth drain, it is fundamental to strengthen the socio-economic fabric in those areas, in line with the Cork 2.0. Declaration, particularly through job creation and generational renewal, by bringing the Commission's jobs and growth to rural areas, promoting social inclusion, support for young people, greater participation by women in the rural economy generational renewal and the development of ‘Smart Villages’ across the European countryside. With a view to stabilising and diversifying the rural economy, the development, establishment and retention of non-agricultural enterprises should be supported. As indicated in the Communication on ‘The Future of Food and Farming’, new rural value chains such as renewable energy, the emerging bio-economy, the circular economy, and ecotourism can offer good growth and job potential for rural areas , while conserving natural resources . In this context, financial instruments can play a crucial role for ensuring access to financing and for bolstering the growth capacity of farms and enterprises. There is a potential for employment opportunities in rural areas for legally staying third country nationals, promoting their social and economic integration especially in the framework of Community-led Local Development strategies.

Amendment 19

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission

Amendment

 

(16a)

For the socio-economic sustainability of rural areas, the Commission should check that the Member States ensure in their CAP Strategic Plans that there is coherence between the application of Directive 2010/41/EU of the European Parliament and of the Council  (1a) and the long - term approach on the use of Rural Development funds.

Amendment 853

Proposal for a regulation

Recital 16 b (new)

Text proposed by the Commission

Amendment

 

(16b)

Agriculture can be an important engine of growth and poverty reduction, but the sector is underperforming in many countries in part because women, who greatly contribute to the rural economy, face constrains. Effective action should be taken by Member States to support women’s key role in the development and preservation of rural areas.

Amendments 20 and 781

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)

The CAP should keep ensuring food security, which should be understood as meaning access to sufficient, safe and nutritious food at all times. Moreover, it should help improving the response of Union agriculture to new societal demands on food and health, including sustainable agricultural production, healthier nutrition, food waste and animal welfare. The CAP should continue to promote production with specific and valuable characteristics, while at the same time helping farmers to proactively adjust their production according to market signals and consumers’ demands.

(17)

The CAP should keep ensuring food security, which should be understood as meaning access to sufficient, safe , healthy and nutritious food at all times. Moreover, it should help improving the response of Union agriculture to new societal demands on food and health, including sustainable agricultural production, healthier nutrition, high-quality production and quality differentiation, food waste and animal welfare. The CAP should continue to promote sustainable production with specific and valuable characteristics, such as High Nature Value farming systems, while at the same time helping farmers to proactively adjust their production according to market signalsand consumers’ demands.

Amendment 782

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

 

(17a)

In line with their commitment to the 2030 Agenda and the Paris Agreement, and with the conclusions of the International Assessment of Agricultural Knowledge, Science and Technology for Development, as well as the recommendations of the United Nations Special Rapporteur on the right to food, the Union and its Member States should transition to a sustainable European food and agriculture system. The pathway for that transition should focus on promoting diversified, sustainable and resilient agricultural practices that contribute to protecting and enhancing natural resources, reinforcing ecosystems and to climate change adaptation and mitigation, through adjusting livestock production to ecological carrying capacities, minimising dependence on unsustainable inputs including fossil energies and progressively improving biodiversity and soil quality.

Amendments 21 and 783

Proposal for a regulation

Recital 17 b (new)

Text proposed by the Commission

Amendment

 

(17b)

While the One Health Action Plan against antimicrobial resistance (AMR) considers vaccination to be a cost-effective public health intervention to combat AMR, the relatively higher cost of diagnosis, antimicrobial alternatives and vaccination compared with conventional antibiotics are an obstacle to increasing the vaccination rate of animals.

Amendment 784

Proposal for a regulation

Recital 17 c (new)

Text proposed by the Commission

Amendment

 

(17c)

In order to meet the environmental objectives of the CAP but also societal requirements in terms of increased food safety, the use of fertilising products with very low levels of heavy metals should be promoted.

Amendment 1100

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

 

(19a)

In order to ensure the well-being of farmers and their families, and bearing in mind that stress is a major cause of farm accidents, Member States shall ensure the social sustainability of the policy by keeping the regulatory and administrative burden at the minimum, allowing for a healthy work-life balance for farmers, and ensuring viability of farming in the Union.

Amendments 728 and 785

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21)

Building on the previous system of cross-compliance implemented until 2020, the system of new conditionality links full receipt of CAP support to the compliance by beneficiaries of basic standards concerning the environment, climate change, public health, animal health, plant health and animal welfare. The basic standards encompass in a streamlined form a list of statutory management requirements (SMRs) and standards of good agricultural and environmental conditions of land (GAECs). These basic standards should better take into account the environmental and climate challenges and the new environmental architecture of the CAP, thus delivering a higher level of environmental and climate ambition as the Commission announced in its Communications on the ‘Future of Food and Farming’ and the Multiannual Financial Framework (MFF). Conditionality aims to contribute to the development of sustainable agriculture through better awareness on the part of beneficiaries of the need to respect those basic standards. It also aims to make the CAP more compatible with the expectations of society through improving consistency of the policy with the environment, public health, animal health, plant health and animal welfare objectives. Conditionality should form an integral part of the environmental architecture of the CAP, as part of the baseline for more ambitious environmental and climate commitments, and should be comprehensively applied across the Union. For those farmers who do not comply with those requirements, Member States should ensure that proportionate, effective and dissuasive penalties are applied in accordance with [the HZR Regulation].

(21)

Building on the previous system of cross-compliance implemented until 2020, the system of new conditionality links full receipt of CAP support to the compliance by beneficiaries of basic standards concerning the environment, climate change, public health , applicable working and employment conditions , animal health, plant health and animal welfare. The basic standards encompass in a streamlined form a list of statutory management requirements (SMRs) and standards of good agricultural and environmental conditions of land (GAECs). These basic standards should better take into account the environmental and climate challenges and the new environmental architecture of the CAP, thus delivering a higher level of environmental and climate ambition as the Commission announced in its Communications on the ‘Future of Food and Farming’ and the Multiannual Financial Framework (MFF). Moreover it is of particular importance that Member States take relevant measures to ensure employers’ access to direct payments is conditional on the compliance with the applicable working and employment conditions and/or employer obligations resulting from all relevant collective agreements and social and labour law at national and Union levels, inter alia in the field of awareness of conditions of employment, remuneration, working time, health and safety, housing, gender equality, free movement of workers, equal treatment, posting of workers, conditions of stay of third-country nationals, temporary agency work, social protection and social security coordination among Member States.

 

Conditionality aims to contribute to the development of sustainable agriculture through better awareness on the part of beneficiaries of the need to respect those basic standards. Beneficiaries should also be appropriately compensated to deliver these standards. It also aims to make the CAP more compatible with the expectations of society through improving consistency of the policy with the environment, labour standards, public health, animal health, plant health and animal welfare objectives. Conditionality should form an integral part of the environmental and social architecture of the CAP, as part of the baseline for more ambitious environmental , social and climate commitments, and should be comprehensively applied across the Union. For those farmers who do not comply with those requirements, Member States should ensure that proportionate, effective and dissuasive penalties are applied in accordance with [the HZR Regulation].

Amendment 22

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22)

The framework of standards of GAECs aims to contribute to the mitigation and adaptation to climate change, the tackling of water challenges, the protection and quality of soil and the protection and quality of biodiversity. The framework needs to be enhanced to take into account in particular the practices set until 2020 under the greening of direct payments, the mitigation of climate change and the need to improve farms sustainability , and in particular the nutrients management . It is acknowledged that each GAEC contributes to multiple objectives. In order to implement the framework, Member States should define a national standard for each of the standards set at Union level taking into account the specific characteristics of the area concerned, including soil and climatic conditions, existing farming conditions, land use, crop rotation, farming practices and farm structures. Member States may also define in addition other national standards related to the main objectives laid down in Annex III in order to improve the environmental and climate delivery of the GAEC framework. As part of GAEC framework, in order to support both the agronomic and the environmental performance of farms, nutrient management plans will be established with the help of a dedicated electronic Farm Sustainability Tool made available by the Member States to individual farmers. The tool should provide on-farm decision support starting from minimum nutrient management functionalities. A wide interoperability and modularity should also ensure the possibility to add other electronic on-farm and e-governance applications. In order to ensure a level playing field between farmers and across the Union, the Commission may provide support to the Member States in the design of the Tool as well as with the data storage and processing services required.

(22)

The framework of standards of GAECs aims to contribute to the mitigation and adaptation to climate change, the tackling of water challenges, the protection and quality of soil and the protection and quality of biodiversity. The framework needs to be enhanced to take into account in particular the practices set until 2020 under the greening of direct payments, the mitigation of climate change and the need to improve farms sustainability. It is acknowledged that each GAEC contributes to multiple objectives. In order to implement the framework, Member States should define a national standard for each of the standards set at Union level taking into account the specific characteristics of the area concerned, including soil and climatic conditions, existing farming conditions, the agronomic characteristics of different productions, differences between annual crops, permanent crops and other specialised production, land use, crop rotation, local and traditional farming practices and farm structures. Member States may also define equivalent practices or certification systems having a beneficial impact on the climate and the environment which is similar to or better than the impact of one or more GAEC practices.

Amendment 1127

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

 

(22a)

In order to tackle the Union-wide biodiversity decline, it is essential to ensure a minimum level of non-productive areas and features under conditionality and eco-schemes in all Member States. In that context, Member States should aim, in their Strategic Plans, to provide an area of at least 10 % of landscape elements beneficial for biodiversity. Those should include, inter alia, buffer strips, rotational or non-rotational fallow land, hedges, non-productive trees, terrace walls, and ponds, all of which contribute to enhancing carbon sequestration, preventing soil erosion and depletion, filtering air and water, and supporting climate adaptation.

Amendment 23

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23)

SMRs need to be fully implemented by Member States in order to become operational at farm level and ensure equal treatment of farmers. To ensure the consistency of the rules on conditionality in enhancing the sustainability of the policy, SMRs should encompass main Union legislation on environment, public health, animal health, plant health and animal welfare which implementation at national level imply precise obligations on individual farmers, including obligations under Council Directive 92/43/EEC (11) and Directive 2009/147/EC of the European Parliament and of the Council (12) or Council Directive 91/676/EEC (13). In order to follow up on the joint statement made by the European Parliament and the Council as annexed to Regulation (EU) No 1306/2013 of the European Parliament and of the Council (14), the relevant provisions of Directive 2000/60/EC of the European Parliament and of the Council (15) and Directive 2009/128/EC of the European Parliament and of the Council (16) are included as SMRs into the scope of conditionality and the list of GAEC standards is adapted accordingly.

(23)

SMRs need to be fully implemented by Member States in order to become operational at farm level and ensure equal treatment of farmers. To ensure the consistency of the rules on conditionality in enhancing the sustainability of the policy, SMRs should encompass main Union legislation on environment, public health, animal health, plant health and animal welfare which implementation at national level imply precise obligations on individual farmers, including obligations under Council Directive 92/43/EEC (11) and Directive 2009/147/EC of the European Parliament and of the Council (12) or Council Directive 91/676/EEC (13). In order to follow up on the joint statement made by the European Parliament and the Council as annexed to Regulation (EU) No 1306/2013 of the European Parliament and of the Council (14), the relevant provisions of Directive 2000/60/EC of the European Parliament and of the Council (15) (the Water Framework Directive) and Directive 2009/128/EC of the European Parliament and of the Council (16) are included as SMRs into the scope of conditionality and the list of GAEC standards is adapted accordingly.

Amendment 24

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24)

Member States should set farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses, covering economic, environmental and social dimensions, and to identify the necessary improvements as regards all measures at farm level provided for in the CAP Strategic Plans. These farm advisory services should help farmers and other beneficiaries of CAP support to become more aware of the relationship between farm management and land management on the one hand, and certain standards, requirements and information, including environmental and climate ones, on the other hand. The list of the latter includes standards applying to or necessary for farmers and other CAP beneficiaries and set in the CAP Strategic Plan, as well as those stemming from the legislation on water, on the sustainable use of pesticides, as well as the initiatives to combat antimicrobial resistance and the management of risks. In order to enhance the quality and effectiveness of the advice, Member States should integrate advisors within the Agricultural Knowledge and Innovation Systems (AKIS), in order to be able to deliver up-to-date technological and scientific information developed by research and innovation.

(24)

Member States should provide high-quality farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses, covering economic, environmental and social dimensions, and to identify the necessary improvements as regards all measures at farm level provided for in the CAP Strategic Plans. These farm advisory services should help farmers and other beneficiaries of CAP support to become more aware of the relationship between farm management and land management on the one hand, and certain standards, requirements and information, including environmental and climate ones, on the other hand. The list of the latter includes standards applying to or necessary for farmers and other CAP beneficiaries and set in the CAP Strategic Plan, as well as those stemming from the legislation on water, on the sustainable use of pesticides, as well as the initiatives to combat antimicrobial resistance and the management of risks. In order to enhance the quality and effectiveness of the advice, Member States should integrate advisors within the Agricultural Knowledge and Innovation Systems (AKIS), in order to be able to deliver up-to-date technological and scientific information developed by research and innovation. Any Union initiatives regarding advisory services and innovation systems should be built, whenever possible, upon existing ones at Member State level.

Amendment 25

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26)

Union legislation should provide that Member States should set requirements in terms of minimum area for receiving decoupled payments in their CAP Strategic Plan. Such requirements should relate to the need to avoid the excessive administrative burden caused by managing numerous payments of small amounts and to that of ensuring an effective contribution of the support to the objectives of the CAP to which the decoupled direct payments contribute. In order to guarantee a minimum level of agricultural income support for all genuine farmers, as well as to comply with the Treaty objective in ensuring a fair standard of living for the agricultural community, an annual area-based decoupled payment should be established as the type of intervention ‘basic income support for sustainability’. In order to enhance better targeting of this support, the payment amounts can be differentiated, by groups of territories, based on socio-economic and/or agronomic conditions. In view of avoiding disruptive effects for farmers' income, Member States may choose to implement the basic income support for sustainability based on payment entitlements. In this case, the value of payment entitlements before any further convergence should be proportional to their value as established under the basic payment schemes pursuant to Regulation (EU) No 1307/2013, taking also into account the payments for agricultural practices beneficial for the climate and the environment. Member States should also achieve further convergence in order to continue to move progressively away from historical values.

(26)

Union legislation should provide that Member States should set requirements in terms of minimum area for receiving decoupled payments in their CAP Strategic Plan. Such requirements should relate to the need to avoid the excessive administrative burden caused by managing numerous payments of small amounts and to that of ensuring an effective contribution of the support to the objectives of the CAP to which the decoupled direct payments contribute. In order to guarantee a minimum level of agricultural income support for all active farmers, as well as to comply with the Treaty objective in ensuring a fair standard of living for the agricultural community, an annual area-based decoupled payment should be established as the type of intervention ‘basic income support for sustainability’. In order to enhance better targeting of this support, the payment amounts can be differentiated, by groups of territories, based on socio-economic , environmental and/or agronomic conditions. In view of avoiding disruptive effects for farmers' income, Member States may choose to implement the basic income support for sustainability based on payment entitlements. In this case, the value of payment entitlements before any further convergence should be proportional to their value as established under the basic payment schemes pursuant to Regulation (EU) No 1307/2013, taking also into account the payments for agricultural practices beneficial for the climate and the environment. Member States should also achieve further convergence in order to move progressively to full convergence by 2026

Amendment 26

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

 

(26a)

Income support through the CAP is a major contributor to the stability and sustainability of many small and family farms across Europe, and although expectations on farmers have increased, monetary benefits have not. The CAP's overall share of the Union’s budget is decreasing, while market crises in the sector and a falling number of active famers continue to threaten the survival of the sector. The family farm model should be protected as a general objective of the CAP and through the Member State Strategic Plans, giving proper place to the vital role this model has in contributing to the social fabric of rural life, and the provision of a way of life for many rural dwellers. Family farms contribute to sustainable food production, the preservation of natural resources, diversification needs and ad ensuring food security. The first farmers to suffer under the immense pressures of globalisation will be those that pursue the small family farm model. Such a situation would be an obvious failure to meet the objectives of the CAP and would undermine the argument for support of the CAP in future. Therefore the CAP Strategic Plans should pursue through their specific objectives keeping the protection of that farming model.

Amendment 27

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28)

Small farms remain a cornerstone of Union agriculture as they play a vital role in supporting rural employment and contribute to territorial development. In order to promote a more balanced distribution of support and to reduce administrative burden for beneficiaries of small amounts, Member States should have the option of offering to small farmers the possibility of replacing the other direct payments by providing a round some payment for small farmers.

(28)

Small farms remain a cornerstone of Union agriculture as they play a vital role in supporting rural employment and contribute to territorial development. In order to promote a more balanced distribution of support and to reduce administrative burden for beneficiaries of small amounts, Member States should have the option of offering to small farmers the possibility of replacing direct payments by providing a round some payment for small farmers. However, with a view to further reducing the administrative burden, Member States should be authorised to automatically include certain farmers, initially, within the simplified scheme, offering them the possibility of withdrawing from it by a specific deadline. In line with the principle of proportionality, the Member States should be given the possibility of establishing a reduced system of conditionality checks for small farmers that participate in the simplified scheme .

Amendments 28 and 791

Proposal for a regulation

Recital 30 a (new)

Text proposed by the Commission

Amendment

 

(30a)

Organic farming is developing in many Member States and has a proven track record of delivering public goods, preserving ecosystems services and natural resources, reducing inputs, attracting young farmers and women in particular, creating jobs, experimenting with new business models, meeting societal demands, and revitalising rural areas. Yet the growth in demand for organic products continues to outpace the growth in production. Member States should ensure that their CAP Strategic Plans include objectives to increase the share of agricultural land under organic management in order to meet the increasing demand for organic products, and to develop the whole organic supply chain. Member States should be able to fund organic conversion and maintenance either through rural development measures or through eco-schemes, or through a combination of both, and should ensure that allocated budgets match the expected growth in organic production.

Amendments 29 and 792

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31)

The CAP should ensure that Member States increase the environmental delivery by respecting local needs and farmers' actual circumstances. Member States should under direct payments in the CAP Strategic Plan set up Eco-schemes voluntary for farmers, which should be fully coordinated with the other relevant interventions. They should be defined by the Member States as a payment granted either for incentivising and remunerating the provision of public goods by agricultural practices beneficial to the environment and climate or as a compensation for the introduction of these practices. In both cases they should aim at enhancing the environmental and climate performance of the CAP and should consequently be conceived to go beyond the mandatory requirements already prescribed by the system of conditionality. Member States may decide to set up eco-schemes for agricultural practices such as the enhanced management of permanent pastures and landscape features, and organic farming. These schemes may also include ‘entry-level schemes’ which may be a condition for taking up more ambitious rural development commitments.

(31)

The CAP should ensure that Member States increase the environmental delivery by respecting local needs and farmers' actual circumstances. Member States should under direct payments in the CAP Strategic Plan set up , on the basis of a list of agricultural practices beneficial for the climate and the environment established by the Commission, eco-schemes voluntary for farmers, which should be fully coordinated with the other relevant interventions. They should be defined by the Member States as a payment granted either for incentivising and remunerating the provision of public goods by agricultural practices beneficial to the environment and climate, they should aim at enhancing the environmental and climate performance of the CAP and should consequently be conceived to go beyond the mandatory requirements already prescribed by the system of conditionality. Member States should set aside a certain percentage of their direct payments allocation for the eco-schemes. Member States may decide to set up eco-schemes to promote production models that are beneficial for the environment, particularly extensive livestock rearing, and to promote all kinds of agricultural practices such as the enhanced management of permanent pastures and permanent landscape features, and to set up environmental certification schemes , such as organic farming , integrated production, or conservation agriculture . These schemes may also include measures of a type other than rural development environmental and climate commitments, or measures of the same nature that may be classified as ‘entry-level schemes’ which may be a condition for taking up more ambitious rural development commitments.

Amendment 30

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33)

Compliance of coupled income support with the Union's international commitments should be ensured. This includes in particular the requirements of the Memorandum of Understanding between the European Economic Community and the United States of America on oilseeds within the framework of the GATT  (17) , as applicable subsequent to changes to the EU separate base area for oilseeds following changes to the composition of the EU. The Commission should have the power to adopt implementing acts for this purpose of laying down detailed rules in this respect.

deleted

Amendment 31

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35)

Sectoral types of interventions are needed to contribute to the CAP objectives and reinforce synergies with other CAP instruments. In line with the delivery model, minimum requirements concerning the contents and objectives for such sectoral types of interventions should be elaborated at Union level in order to ensure a level playing field in the internal market and avoid conditions of unequal and unfair competition. Member States should justify their inclusion in their CAP Strategic Plans and ensure consistency with other interventions at sectoral level. The broad types of interventions to be established at Union level should cover the sectors of fruit and vegetables, wine, apiculture products, olive oil and table olives, hops and other products to be defined, for which the establishment of sectoral programs is deemed to have beneficial effects on the achievement of some or all of the general and specific objectives of the CAP pursued by this Regulation.

(35)

Sectoral types of interventions are needed to contribute to the CAP objectives and reinforce synergies with other CAP instruments. In line with the delivery model, minimum requirements concerning the contents and objectives for such sectoral types of interventions should be elaborated at Union level in order to ensure a level playing field in the internal market and avoid conditions of unequal and unfair competition. Member States should justify their inclusion in their CAP Strategic Plans and ensure consistency with other interventions at sectoral level. The broad types of interventions to be established at Union level should cover the sectors of fruit and vegetables, wine, apiculture products, olive oil and table olives, hops and other products defined in Article 39 , for which the establishment of sectoral programs is deemed to have beneficial effects on the achievement of some or all of the general and specific objectives of the CAP pursued by this Regulation.

Amendment 32

Proposal for a regulation

Recital 35 a (new)

Text proposed by the Commission

Amendment

 

(35a)

In view of the increase in the allocation provided for the apiculture sector and in recognition of the important role it plays in preserving biodiversity and food production, it is appropriate to also increase the Union co-financing ceiling and to add new eligible measures designed to promote the sector’s development.

Amendment 33

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37)

For interventions for rural development, principles are defined at Union level, particularly with regard to the basic requirements for the Member States to apply selection criteria. However, Member States should have ample discretion to define specific conditions according to their needs. Types of interventions for rural development include payments for environmental, climate and other management commitments that Member States should support throughout their territories, in accordance with their national, regional or local specific needs. Member States should grant payments to farmers and other land managers who undertake, on a voluntary basis, management commitments that contribute to climate change mitigation and adaptation and to the protection and improvement of the environment including water quality and quantity, air quality, soil, biodiversity and ecosystem services including voluntary commitments in Natura 2000 and support for genetic diversity. Support under payments for management commitments may also be granted in the form of locally-led, integrated or cooperative approaches and result-based interventions.

(37)

For interventions for rural development, principles are defined at Union level, particularly with regard to the basic requirements for the Member States to apply selection criteria. However, Member States should have ample discretion to define specific conditions according to their needs. Types of interventions for rural development include payments for environmental, climate and other management commitments that Member States should support throughout their territories, in accordance with their national, regional or local specific needs. Member States should grant payments to farmers, groups of farmers and other land managers who undertake, on a voluntary basis, management commitments that contribute to climate change mitigation and adaptation and to the protection and improvement of the environment including water quality and quantity, air quality, soil, biodiversity and ecosystem services including voluntary commitments in Natura 2000 , and in High Nature Value Areas and support for genetic diversity. Support under payments for management commitments may also be granted in the form of locally-led, integrated , collective or cooperative approaches and result-based interventions.

Amendment 729

Proposal for a regulation

Recital 37 a (new)

Text proposed by the Commission

Amendment

 

(37a)

In view of ensuring the resilience of the Union's ecosystems and promoting biodiversity, Member States should be allowed to grant payments to agri-environmental sustainable practices, for climate mitigation and adaptation and for the protection and improvement of genetic resources, in particular through traditional breeding methods.

Amendments 34, 794 and 856

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38)

Support for management commitments may include organic farming premia for the maintenance of and the conversion to organic land; payments for other types of interventions supporting environmentally friendly production systems such as agro-ecology, conservation agriculture and integrated production; forest environmental and climate services and forest conservation; premia for forests and establishment of agroforestry systems; animal welfare; conservation, sustainable use and development of genetic resources. Member States may develop other schemes under this type of interventions on the basis of their needs. This type of payments should cover additional costs and income foregone only resulting from commitments going beyond the baseline of mandatory standards and requirements established in Union and national law, as well as conditionality, as laid down in the CAP Strategic Plan. Commitments related to this type of interventions may be undertaken for a pre-established annual or pluri-annual period and might go beyond seven years where duly justified.

(38)

Support for management commitments shall include organic farming premia for the conversion to organic land and may include those for the maintenance of organic land; payments for other types of interventions supporting environmentally friendly production systems such as High Nature Value farming , agro-ecology, and integrated production; forest environmental and climate services and forest conservation; premia for forests and establishment of agroforestry systems; the protection of traditional agricultural landscapes, animal welfare and animal health ; conservation, sustainable use and development of genetic resources and biodiversity . Member States may develop other schemes under this type of interventions on the basis of their needs and they may strengthen the agri-environmental measures specific to the beekeeping sector which already exist in certain regions of the Union, and develop further measures. This type of payments should cover additional costs , financial incentives and income foregone only resulting from commitments going beyond the baseline of mandatory standards and requirements established in Union and national law, as well as conditionality, as laid down in the CAP Strategic Plan . Member States should also provide financial incentives to beneficiaries. Commitments related to this type of interventions may be undertaken for a pre-established annual or pluri-annual period and might go beyond seven years where duly justified.

Amendments 35 and 795

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39)

Forestry measures should contribute to the implementation of the Union Forest Strategy, and be based on Member States' national or sub-national forest programs or equivalent instruments, which should build on the commitments stemming from the Regulation on the inclusion of greenhouse gas emission and removals from land use, land use energy and forestry [LULUCF Regulation] and those made in the Ministerial Conferences on the Protection of Forests in Europe. Interventions should be based on forest management plans or equivalent instruments and may comprise forest area development and sustainable management of forests, including the afforestation of land and the creation and regeneration of agroforestry systems; the protection, restoration and improvement of forest resources, taking into account adaptation needs; investments to guarantee and enhance forest conservation and resilience, and the provision of forest ecosystem and climate services; and measures and investments in support of the renewable energy and bio-economy.

(39)

Forestry measures should contribute to widening the use of agroforestry systems and to the implementation of the Union Forest Strategy, and be based on Member States' national or sub-national forest programs or equivalent instruments, which should build on the commitments stemming from Regulation (EU) 2018/841 of the European Parliament and of the Council  (1a) and those made by the Ministerial Conferences on the Protection of Forests in Europe. Interventions should be based on sustainable forest management plans or equivalent instruments delivering effective carbon sequestration from the atmosphere while enhancing biodiversity and may comprise forest area development and sustainable management of forests, including the afforestation of land , fire prevention and the creation and regeneration of agroforestry systems; the protection, restoration and improvement of forest resources, taking into account adaptation needs; investments to guarantee and enhance forest conservation and resilience, and the provision of forest ecosystem and climate services; and measures and investments in support of the renewable energy and bio-economy.

Amendment 36

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(40)

In order to ensure a fair income and a resilient agricultural sector across the Union territory, Member States may grant support to farmers in areas facing natural and other area-specific constraints. As regards payments for ANC, the designation of the 2014-2020 Rural Development policy should continue to apply. For the CAP to deliver enhanced Union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity, it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of Natura 2000 and Water Framework Directives . Support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of Directive 2009/147/EC and Directive 92/43/EEC and in order to contribute to the effective management of Natura 2000 sites. Support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the Water Framework Directive. Support should be linked to specific requirements described in the CAP Strategic Plans that go beyond relevant mandatory standards and requirements. Member States should also ensure that payments to farmers do not lead to double funding with eco schemes. Furthermore, the specific needs of Natura 2000 areas should be taken into account by Member States in the overall design of their CAP Strategic Plans.

(40)

In order to ensure a fair income and a resilient agricultural sector across the Union territory, Member States may grant support to farmers in areas facing natural and other area-specific constraints, including mountain areas and island regions. As regards payments for ANC, the designation of the 2014-2020 Rural Development policy should continue to apply. For the CAP to deliver enhanced Union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity, it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of Natura 2000 established by Council Directive 92/43/EEC  (1a) and of the Water Framework Directive . Support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of Directive 2009/147/EC and Directive 92/43/EEC and in order to contribute to the effective management of Natura 2000 sites. Support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the Water Framework Directive. Support should be linked to specific requirements described in the CAP Strategic Plans that go beyond relevant mandatory standards and requirements. Member States should also ensure that payments to farmers do not lead to double funding with eco schemes , while at the same time allowing enough flexibility in Strategic Plans to facilitate complementarity between different interventions . Furthermore, the specific needs of Natura 2000 areas should be taken into account by Member States in the overall design of their CAP Strategic Plans.

Amendment 37

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41)

The objectives of the CAP should also be pursued through support for investments, productive as well as non-productive, on farm as well as off-farm . Such investments may concern, inter alia, infrastructures related to the development, modernisation or adaptation to climate change of agriculture and forestry, including access to farm and forest land, land consolidation and improvement, agro-forestry practices and the supply and saving of energy and water. In order to better ensure the consistency of the CAP Strategic Plans with Union objectives, as well as a level playing field between Member States, a negative list of investment topics is included in this Regulation.

(41)

The objectives of the CAP should also be pursued through support for investments, productive as well as non-productive, which aim to strengthen farms’ resilience . Such investments may concern, inter alia infrastructures related to the development, modernisation or adaptation to climate change of agriculture and forestry, including access to farm and forest land, land consolidation and improvement, agro-forestry practices, and the supply and saving of energy and water. In order to better ensure the consistency of the CAP Strategic Plans with Union objectives, as well as a level playing field between Member States, a negative list of investment topics is included in this Regulation.

Amendment 38

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(42)

In the light of the need to fill the investment gap in the Union agricultural sector and improve access to financial instruments for priority groups, notably young farmers and new entrants with higher risk profiles, use of the InvestEU guarantee and combination of grants and financial instruments should be encouraged. Since the use of financial instruments across Member States varies considerably as a result of differences in terms of access to finance, banking sector development, presence of risk capital, familiarity of public administrations and potential range of beneficiaries, Member States should establish in the CAP Strategic Plan appropriate targets, beneficiaries and preferential conditions, and other possible eligibility rules.

(42)

In the light of the need to fill the investment gap in the Union agricultural sector and improve access to financial instruments for priority groups, notably young farmers and new entrants with higher risk profiles, a combination of grants and financial instruments should be encouraged. Since the use of financial instruments across Member States varies considerably as a result of differences in terms of access to finance, banking sector development, presence of risk capital, familiarity of public administrations and potential range of beneficiaries, Member States should establish in the CAP Strategic Plan appropriate targets, beneficiaries and preferential conditions, and other possible eligibility rules.

Amendment 39

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43)

Young farmers and new entrants still face significant barriers regarding access to land, high prices and access to credit. Their businesses are more threatened by price volatility (for both inputs and produce) and their needs in terms of training in entrepreneurial and risk management skills are high. It is therefore essential to continue the support for the setting up of new businesses and new farms. Member States should provide for a strategic approach and identify a clear and coherent set of interventions for generational renewal under the specific objective dedicated to this issue. To this aim, Member States may set in their CAP Strategic Plans preferential conditions for financial instruments for young farmers and new entrants, and should include in their CAP Strategic Plan the ring-fencing of at least an amount corresponding to 2 % of the annual direct payments' envelope. An increase of the maximum amount of aid for the installation of young farmers and rural business start-ups, up to EUR 100 000 , which can be accessed also through or in combination with financial instrument form of support, should be established.

(43)

Young farmers and new farmers still face significant barriers regarding access to land, high prices and access to credit. Their businesses are more threatened by price volatility (for both inputs and produce) and their needs in terms of training in entrepreneurial , risk prevention and management skills are high. It is therefore essential to continue the support for the setting up of new businesses and new farms. Member States should provide for a strategic approach and identify a clear and coherent set of interventions for generational renewal under the specific objective dedicated to this issue. To this aim, Member States may set in their CAP Strategic Plans preferential conditions for financial instruments for young farmers and new entrants, and should include in their CAP Strategic Plan the ring-fencing of at least an amount corresponding to 2 % of the annual direct payments’ envelope in the first pillar . An increase of the maximum amount of aid for the installation of young farmers and rural business start-ups, up to EUR 100 000 , which can be accessed also through or in combination with financial instrument form of support, should be established.

Amendment 40

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44)

In the light of the need to ensure appropriate risk management tools, insurance premia and mutual funds should be maintained, financed by the EAFRD. The category of mutual funds encompasses both those linked to production losses, and the general and sector-specific income stabilisation tools, linked to income losses.

(44)

In the light of the need to ensure appropriate risk management tools, insurance premia and mutual funds should be maintained, financed by the EAFRD. The category of mutual funds encompasses both those linked to production losses, and the general and sector-specific income stabilisation tools, linked to income losses. In order to adapt the risk management tools to the challenges faced by farmers, including climate change, the CAP toolbox should include compensation for the costs and losses incurred by farmers in connection with measures taken to combat animal diseases and plant pests, or for the losses incurred by organic farmers as a result of an external contamination for which they are not responsible. However, the compatibility of EARDF-financed interventions with national risk management systems should be ensured.

Amendments 41 and 796

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45)

Support should enable the establishment and implementation of cooperation between at least two entities in view of achieving CAP objectives. Support can entail all aspects of such cooperation, such as the setting up of quality schemes; collective environmental and climate action; the promotion of short supply chain and local markets; pilot projects; Operational Group projects within the EIP for agricultural productivity and sustainability local development projects, Smart Villages, buyers' clubs and machinery rings; farm partnerships; forest management plans; networks and clusters; social farming; community supported agriculture; actions within the scope of LEADER; and the setting up of producer groups and producer organisations, as well as other forms of cooperation deemed necessary to achieve the specific objectives of the CAP.

(45)

Support should enable the establishment and implementation of cooperation between at least two entities in view of achieving CAP objectives. Support can entail all aspects of such cooperation, such as the setting up, certification costs, promotion and maintenance of quality schemes; collective environmental and climate action; the promotion of short supply chain and local markets; pilot projects; Operational Group projects within the EIP for agricultural productivity and sustainability local development projects, Smart Villages, buyers' clubs and machinery rings; farm partnerships; forest management plans , including agroforestry ; networks and clusters; social farming; community supported agriculture; actions within the scope of LEADER; and the setting up of producer groups and producer organisations, including producer groups recognised under Regulation (EU) No 1151/2012 of the European Parliament and of the Council  (1a), as well as other forms of cooperation deemed necessary to achieve the specific objectives of the CAP. As a way of promoting intergenerational renewal, consideration should be given to granting specific support to farmers who wish to stop farming before reaching the statutory retirement age and intend to hand over their farm to a cooperating younger farmer.

Amendment 42

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47)

The EAGF should continue financing types of interventions in the form of direct payments and sectoral types of interventions, whereas the EAFRD should continue financing types of interventions for rural development as described in this Regulation. The rules for the financial management of the CAP should be laid down separately for the two funds and for the activities supported by each of them, taking into account that the new delivery model gives more flexibility and subsidiarity for Member States to reach their objectives. Types of interventions under this Regulation should cover the period from 1 January 2021 to 31 December 2027.

(47)

The EAGF should continue financing types of interventions in the form of direct payments and sectoral types of interventions, whereas the EAFRD should continue financing types of interventions for rural development as described in this Regulation. The rules for the financial management of the CAP should be laid down separately for the two funds and for the activities supported by each of them, taking into account that the new delivery model gives more flexibility and subsidiarity for Member States to reach their objectives. Types of interventions under this Regulation should cover the period from 1 January 2022 to 31 December 2027.

Amendment 43

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48)

Support for direct payments under the CAP Strategic Plans should be granted within national allocations to be fixed by this Regulation. These national allocations should reflect a continuation of the changes whereby the allocations to Member States with the lowest support level per hectare are gradually increased to close 50 % of the gap towards 90 % of the Union average. In order to take into account the reduction of payments' mechanism and the use of its product in the Member State, the total indicative financial allocations per year in the CAP Strategic Plan of a Member State should be allowed to exceed the national allocation.

(48)

The EAGF should not provide support to activities that would harm the environment, or which are not consistent with climate and environmental objectives in line with sustainable agricultural management principles. Support for direct payments under the CAP Strategic Plans should be granted within national allocations to be fixed by this Regulation. These national allocations should reflect a continuation of the changes whereby the allocations to Member States with the lowest support level per hectare are gradually increased to close 50 % of the gap towards 90 % of the Union average. In order to take into account the reduction of payments' mechanism and the use of its product in the Member State, the total indicative financial allocations per year in the CAP Strategic Plan of a Member State should be allowed to exceed the national allocation.

Amendment 44

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49)

In order to facilitate the management of EAFRD funds, a  single contribution rate for support from the EAFRD should be set in relation to public expenditure in the Member States. In order to take account of their particular importance or nature, specific contribution rates should be set in relation to certain types of operations. In order to mitigate the specific constraints resulting from the level of development, the remoteness and insularity , an appropriate EAFRD contribution rate should be set for less developed regions, the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands .

(49)

In order to facilitate the management of EAFRD funds, a  general contribution rate for support from the EAFRD should be set in relation to public expenditure in the Member States. In order to take account of their particular importance or nature, specific contribution rates should be set in relation to certain types of operations. In order to mitigate the specific constraints resulting from the level of development, the remoteness and insularity of the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands as defined in Article  1(2) of Regulation (EU) No 229/2013 of the European Parliament and of the Council  (1a) , a higher EAFRD contribution rate should be set for those regions .

Amendment 45

Proposal for a regulation

Recital 49 a (new)

Text proposed by the Commission

Amendment

 

(49a)

Objective criteria should be established for categorising regions and areas at Union level for support from the EAFRD. To that end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council  (1a) . The latest classifications and data should be used to ensure adequate support, in particular for addressing lagging behind regions and interregional disparities inside a Member State.

Amendments 46 and 797

Proposal for a regulation

Recital 50

Text proposed by the Commission

Amendment

(50)

EAFRD should not provide support to investments that would harm the environment. Hence it is necessary to provide in this Regulation a number of exclusion rules, as well as the possibility to further develop these guarantees in delegated acts. Notably, the EAFRD should not finance investments in irrigation which do not contribute towards the achievement, or the preservation, of good status of the associated water body or bodies and investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles.

(50)

The EAFRD should give priority support to investments generating both economic and environmental benefits while not supporting investments that would harm the environment or which are not consistent with climate, environment, animal welfare and biodiversity objectives. Investments that generate both economic and environmental benefits should be emphasised . Hence it is necessary to provide in this Regulation a number of more specific exclusion rules, as well as the possibility to further develop these guarantees in delegated acts. Notably, the EAFRD should not finance investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles. Furthermore, the EAFRD should not cover investments in irrigation which do not contribute towards the achievement, or the preservation, of good status of the associated water body or bodies. Member States should ensure that authorities play an active role on ecology and management of forest fires in any afforestation or reforestation action and strengthen the role of soft preventive measures and land use management.

Amendment 47

Proposal for a regulation

Recital 51 a (new)

Text proposed by the Commission

Amendment

 

(51a)

In order to enable the Union to be independent of vegetable protein imports, the CAP aims to promote, in line with Directive 2009/28/EC of the European Parliament and of the Council  (1a) (Renewable Energy Directive), the use of biofuels obtained from the oilseed by-products of protein crops.

Amendment 858

Proposal for a regulation

Recital 51 b (new)

Text proposed by the Commission

Amendment

 

(51b)

The EAGF and the EAFRD should not provide support to farmers whose activities include breeding of bulls for bullfighting. Such funding is a clear violation of the European Convention for the Protection of Animals Kept for Farming Purposes.

Amendment 798

Proposal for a regulation

Recital 52

Text proposed by the Commission

Amendment

(52)

Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Program will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives. Actions under the CAP are expected to contribute 40 % of the overall financial envelope of the CAP to climate objectives. Relevant actions will be identified during the Program's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes.

(52)

Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Program will contribute to mainstream climate action and phase out environmentally harmful subsidies in the Union's policies and to the achievement of an overall target of at least 30 % of the EU budget expenditures supporting climate objectives. Actions under the CAP should contribute at least 40 % of the overall financial envelope of the CAP to climate objectives. Relevant actions will be identified during the Program's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes.

Amendment 48

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

(54)

To enhance the Union added value and to preserve a functioning agricultural internal market, as well as to pursue the above-mentioned general and specific objectives, Member States should not take decisions according to this Regulation in isolation but in the framework of a structured process that should materialise in a CAP Strategic Plan. Union top-down rules should lay down the specific EU -wide objectives of the CAP, the main types of interventions, the performance framework and the governance structure. Such a distribution of tasks is aimed at ensuring full correspondence between financial resources invested and results achieved.

(54)

To enhance the Union added value and to preserve a functioning agricultural internal market, as well as to pursue the above-mentioned general and specific objectives, Member States should not take decisions according to this Regulation in isolation but in the framework of a structured process that should materialise in a CAP Strategic Plan. Union top-down rules should lay down the specific Union -wide objectives of the CAP, the main types of interventions, the performance framework and the governance structure. Such a distribution of tasks is aimed at ensuring full correspondence between financial resources invested and results achieved.

Amendment 49

Proposal for a regulation

Recital 55

Text proposed by the Commission

Amendment

(55)

In order to ensure a clear strategic nature of these CAP Strategic Plans, and to facilitate the links with other Union policies, and notably with established long-term national targets deriving from Union legislation or international agreements such as those related to climate change, forests, biodiversity, and water, it is appropriate that there should be one single CAP Strategic Plan per Member State.

(55)

In order to ensure a clear strategic nature of these CAP Strategic Plans, and to facilitate the links with other Union policies, and notably with established long-term national targets deriving from Union legislation or international agreements such as those related to climate change, forests, biodiversity, and water, it is appropriate that there should be one single CAP Strategic Plan per Member State. Taking due account of the administrative structure of the Member States, the Strategic Plan should, where appropriate, include regionalised interventions for rural development.

Amendment 50

Proposal for a regulation

Recital 55 a (new)

Text proposed by the Commission

Amendment

 

(55a)

It is imperative that the CAP Strategic Plans have a clear, simple and unambiguous framework in order to avoid ‘gold plating’ of policy at the national, regional or local level.

Amendment 51

Proposal for a regulation

Recital 55 b (new)

Text proposed by the Commission

Amendment

 

(55b)

The new delivery model should not call into question the integrity of the internal market or the historically European nature of the CAP, which should remain a truly common policy, ensuring a Union approach and a level playing field.

Amendment 730

Proposal for a regulation

Recital 55 c (new)

Text proposed by the Commission

Amendment

 

(55c)

In accordance with Article 208 TFEU, the Union and Member States should ensure that development cooperation objectives are taken into account in all CAP interventions, and respect the right to food as well as the right to development. Member States should also ensure that CAP Strategic Plans contribute to the maximum extent possible to the timely achievement of the goals set in the 2030 Agenda for Sustainable Development and in the Paris Agreement, as well as of the objectives of the European Green Deal, the Union's environmental and climate commitments and applicable legislation adopted by the European Parliament and the Council on the basis of the Farm to Fork Strategy and the Biodiversity Strategy.

Amendment 52

Proposal for a regulation

Recital 56

Text proposed by the Commission

Amendment

(56)

In the process of development of their CAP Strategic Plans, Member States should analyse their specific situation and needs, set targets linked to the achievement of the objectives of the CAP and design the interventions which will allow reaching these targets, while being adapted to the national and specific regional contexts, including the outermost regions pursuant to Article 349 TFEU. Such process should promote more subsidiarity within a common Union framework, while compliance with the general principles of Union law and the objectives of the CAP should be ensured. It is therefore appropriate to set rules on the structure and content of the CAP Strategic Plans.

(56)

In the process of development of their CAP Strategic Plans, Member States should analyse their specific situation and needs, set targets that are realistic, linked to the achievement of the objectives of the CAP and design the interventions which will allow reaching these targets while providing certainty for the final beneficiaries, while being adapted to the national and specific regional contexts, including the outermost regions pursuant to Article 349 TFEU. Such process should promote more subsidiarity within a common Union framework, while compliance with the general principles of Union law and the objectives of the CAP should be ensured. It is therefore appropriate to set rules on the structure and content of the CAP Strategic Plans. In order to ensure that the setting of targets by Member States and that the design of interventions is appropriate and maximises the contribution to the objectives of the CAP, and while the commonality of the policy is secured, it is necessary to base the strategy of the CAP Strategic Plans on a prior analysis of the local contexts and an assessment of needs in relation to the objectives of the CAP. In proceeding with CAP Strategic Plans, it is necessary to ensure the involvement of farmers and farmers' organisations.

Amendment 53

Proposal for a regulation

Recital 57

Text proposed by the Commission

Amendment

(57)

In order to ensure that the setting of targets by Member States and that the design of interventions is appropriate and maximises the contribution to the objectives of the CAP, it is necessary to base the strategy of the CAP Strategic Plans on a prior analysis of the local contexts and an assessment of needs in relation to the objectives of the CAP.

(57)

It is also important that the CAP strategic plans can adequately reflect changes in Member States’ conditions, structures (both internal and external) and market situations and that they can, therefore, be adjusted over time to reflect them.

Amendment 54

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

(58)

The CAP Strategic Plans should aim to ensure enhanced coherence across the multiple tools of the CAP, since it should cover types of interventions in the form of direct payments, sectoral types of interventions and types of interventions for rural development. They should also ensure and demonstrate the alignment and appropriateness of the choices made by Member States to the Union priorities and objectives. It is therefore appropriate that they contain a result-oriented intervention strategy structured around the specific objectives of the CAP, including quantified targets in relation to these objectives. In order to allow their monitoring on an annual basis, it is appropriate that these targets are based on result indicators.

(58)

The CAP Strategic Plans should aim to ensure enhanced coherence across the multiple tools of the CAP, since it should cover types of interventions in the form of direct payments, sectoral types of interventions and types of interventions for rural development. They should also ensure and demonstrate the alignment and appropriateness of the choices made by Member States to the Union priorities and objectives. It is therefore appropriate that they contain a result-oriented intervention strategy structured around the specific objectives of the CAP, including quantified targets in relation to these objectives. In order to allow their monitoring it is appropriate that these targets are based on result indicators.

Amendment 800

Proposal for a regulation

Recital 58 a (new)

Text proposed by the Commission

Amendment

 

(58a)

The existing knowledge base, in terms of the quantity and quality of available information, varies considerably for the purposes of monitoring the specific objectives set out in Article 6 of this Regulation. For some specific objectives, in particular for monitoring biodiversity, the knowledge base is currently weak or insufficiently adapted for the purposes of creating robust impact indicators, such as for pollinators and crop biodiversity. Specific objectives and indicators set for the Union as a whole in Article 6 and Annex I respectively should be based on a shared or comparable knowledge base and methodologies in all Member States. The Commission should identify areas where knowledge gaps exist or where the knowledge base is insufficiently adapted for the purposes of monitoring the impact of the CAP. It should use the Union budget to provide a common response to knowledge-related and monitoring obstacles related to all Article 6 specific objectives and indicators. It should draw up a report on this issue and make its findings public.

Amendment 801

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

(59)

The strategy should also highlight complementarity both between CAP tools and with the other Union policies. In particular, each CAP Strategic Plan should take account of environmental and climate legislation where appropriate , and national plans emanating from this legislation should be described as part of the analysis of the current situation (‘SWOT analysis’). It is appropriate to list the legislative instruments which should specifically be referred to in the CAP Strategic Plan.

(59)

The strategy should also highlight complementarity both between CAP tools and with other Union policies including cohesion . In particular, each CAP Strategic Plan should take account of environmental and climate legislation , the Union’s commitments to Policy Coherence for Development , and national plans emanating from this legislation should be described as part of the analysis of the current situation (‘SWOT analysis’). It is appropriate to list the legislative instruments which should specifically be referred to in the CAP Strategic Plan.

Amendment 55

Proposal for a regulation

Recital 59 a (new)

Text proposed by the Commission

Amendment

 

(59a)

Since the income support scheme plays a major role in guaranteeing the economic viability of farms, it is appropriate to take into account the social impacts, which the CAP has on providing jobs in rural areas. For that reason the Member States should also take into account in the planning of their Strategic Plans the employment impact which an establishment will have on a specific area. Measures and activities which create more employment opportunities should be given priority when drafting and implementing the respective policy tools.

Amendment 56

Proposal for a regulation

Recital 60

Text proposed by the Commission

Amendment

(60)

Considering that flexibility should be accorded to Member States as regards the choice of delegating part of the implementation of the CAP Strategic Plan at regional level on the basis of a national framework, in order to facilitate co-ordination among the regions in addressing nation-wide challenges, it is appropriate that the CAP Strategic Plans provide a description of the interplay between national and regional interventions.

(60)

Considering that flexibility should be accorded to Member States as regards the choice of delegating part of the design and implementation of the CAP Strategic Plan at regional level through rural development intervention programmes in line with the national framework, in order to facilitate co-ordination among the regions in addressing nation-wide challenges, it is appropriate that the CAP Strategic Plans provide a description of the interplay between national and regional interventions.

Amendment 802

Proposal for a regulation

Recital 68 a (new)

Text proposed by the Commission

Amendment

 

(68a)

Water is an essential production factor for agriculture. Water management is therefore a fundamental issue, and better forms of water management are required. In addition, climate change will have a significant impact on water resources, with more frequent and intense periods of drought as well as periods of heavy precipitation. Storing water during autumn and winter is a common-sense solution. In addition, bodies of water help to create favourable environments for rich biodiversity. They also make it possible to maintain living soils and sufficient flow in waterways, thus encouraging aquatic life.

Amendment 57

Proposal for a regulation

Recital 69

Text proposed by the Commission

Amendment

(69)

A Managing Authority should be responsible for the management and implementation of each CAP Strategic Plan. Its duties should be specified in this Regulation. The Managing Authority should be able to delegate part of its duties while retaining responsibility for the efficiency and correctness of management. Member States should ensure that in the Management and Implementation of CAP Strategic Plans, the financial interests of the Union are protected, in accordance with [Regulation (EU, Euratom) X] of the European Parliament and the Council [the new Financial Regulation] and Regulation (EU) X of the European Parliament and the Council [the new Horizontal Regulation].

(69)

A Managing Authority should be responsible for the management and implementation of each CAP Strategic Plan . However, where elements relating to rural development policy are dealt with on a regional basis, Member States should be able to establish regional managing authorities . Their duties should be specified in this Regulation. The managing authorities should be able to delegate part of its duties while retaining responsibility for the efficiency and correctness of management. Member States should ensure that in the Management and Implementation of CAP Strategic Plans, the financial interests of the Union are protected, in accordance with [Regulation (EU, Euratom) X] of the European Parliament and the Council [the new Financial Regulation] and Regulation (EU) X of the European Parliament and the Council [the new Horizontal Regulation].

Amendment 58

Proposal for a regulation

Recital 70

Text proposed by the Commission

Amendment

(70)

In accordance with the principle of shared management, the Commission is assisted by committees formed by Member States representatives in the implementation of the CAP. With a view to simplifying the system and streamlining the position of Member States, only one Monitoring Committee is established for the implementation of this Regulation, merging the ‘Rural Development’ Committee and the ‘Direct Payments’ Committee, which were established under the 2014-2020 programming period. The responsibility to assist Member States in the implementation of the CAP Strategic Plans is shared between the Managing Authority and this Monitoring Committee. The Commission should also be assisted by the ‘Common Agricultural Policy’ Committee, in accordance with the provisions laid down by this Regulation.

(70)

In accordance with the principle of shared management, the Commission is assisted by committees formed by Member States representatives in the implementation of the CAP. With a view to simplifying the system and streamlining the position of Member States, only one Monitoring Committee is established for the implementation of this Regulation, merging the ‘Rural Development’ Committee and the ‘Direct Payments’ Committee, which were established under the 2014-2020 programming period. The responsibility to assist Member States in the implementation of the CAP Strategic Plans is shared between the Managing Authority and this Monitoring Committee. However, where elements relating to rural development policy are dealt with on a regional basis, Member States should be able to establish regional monitoring committees. The Commission should also be assisted by the ‘Common Agricultural Policy’ Committee, in accordance with the provisions laid down by this Regulation.

Amendment 59

Proposal for a regulation

Recital 71

Text proposed by the Commission

Amendment

(71)

The EAFRD should support through technical assistance, at the initiative of the Commission, actions relating to the fulfilment of the tasks referred to in [Article 7 HzR]. Technical assistance may also be provided, at the initiative of Member States, for the purpose of the fulfilment of the tasks necessary for the effective administration and implementation of support in relation to the CAP Strategic Plan. An increase of the technical assistance at the initiative of Member States is only available for Malta.

(71)

The EAFRD should support through technical assistance, at the initiative of the Commission, actions relating to the fulfilment of the tasks referred to in [Article 7 HzR]. Technical assistance may also be provided, at the initiative of Member States, for the purpose of the fulfilment of the tasks necessary for the effective administration and implementation of support in relation to the CAP Strategic Plan. An increase of the technical assistance at the initiative of Member States is only available for Luxembourg and Malta.

Amendments 60 and 803

Proposal for a regulation

Recital 74

Text proposed by the Commission

Amendment

(74)

The result-orientation triggered by the delivery model requires a strong performance framework, particularly since CAP Strategic Plans would contribute to broad general objectives for other shared managed policies. A performance-based policy implies annual and multi-annual assessment on the basis of selected outputs, result and impact indicators, as defined in the performance monitoring and evaluation framework. To this end, a limited and targeted set of indicators should be selected in a way which reflects as closely as possible whether the supported intervention contributes to achieving the envisaged objectives. Result and output indicators relating to climate- and environment-related objectives may include interventions set out in national environmental and climate-planning instruments emanating from Union legislation.

(74)

The result-orientation triggered by the delivery model requires a strong performance framework, particularly since CAP Strategic Plans would contribute to broad general objectives for other shared managed policies. A performance-based policy implies assessments on the basis of selected outputs, result and impact indicators, as defined in the performance monitoring and evaluation framework. To this end, a limited and targeted set of indicators should be selected in a way which reflects as closely as possible whether the supported intervention contributes to achieving the envisaged objectives. Result and output indicators relating to climate- and environment-related objectives , such as water quality and quantity, should include interventions set out in national environmental and climate-planning instruments emanating from Union legislation.

Amendment 61

Proposal for a regulation

Recital 75

Text proposed by the Commission

Amendment

(75)

As part of the performance, monitor and evaluation framework, Member States should monitor and report annually to the Commission on the progress made. The information provided by the Member States are the basis on which the Commission should report on the progress towards the achievement of specific objectives over the whole programming period using for this purpose a core set of indicators.

(75)

As part of the performance, monitor and evaluation framework, Member States should monitor and report on the progress made. The information provided by the Member States are the basis on which the Commission should report on the progress towards the achievement of specific objectives over the whole programming period using for this purpose a core set of indicators.

Amendment 62

Proposal for a regulation

Recital 76

Text proposed by the Commission

Amendment

(76)

Mechanisms should be in place to take action to protect the Union’s financial interests in case the CAP Strategic Plan implementation deviates significantly from the targets set. Member States may thus be asked to submit action plans in case of significant and non-justified underperformance. This could lead to suspensions and, in the end, reductions of the Union funds if the planned results are not achieved. Moreover, an overall performance bonus is established as part of the incentive mechanism based on allocating the performance bonus, in view of encouraging good environmental and climate performances.

(76)

Mechanisms should be in place to take action to protect the Union’s financial interests in case the CAP Strategic Plan implementation deviates significantly from the targets set. Member States may thus be asked to submit action plans in case of significant and non-justified underperformance. This could lead to suspensions and, in the end, reductions of the Union funds if the planned results are not achieved.

Amendment 1144

Proposal for a regulation

Recital 78 a (new)

Text proposed by the Commission

Amendment

 

(78a)

The assessment described in Article 106 should be undertaken on the basis of the quantified targets of the Farm to Fork Strategy and the Biodiversity Strategy.

Amendment 63

Proposal for a regulation

Recital 80 a (new)

Text proposed by the Commission

Amendment

 

(80a)

Trade agreements signed with third countries relating to the agricultural sector should provide for arrangements and contain safeguard clauses to ensure a level playing field between Union and non-Union farmers and to protect consumers.

Amendment 64

Proposal for a regulation

Recital 81

Text proposed by the Commission

Amendment

(81)

Personal data collected for the purposes of the application of any provision enshrined in this Regulation should be processed in a way that is compatible with those purposes. It should also be made anonymous, be aggregated when processed for monitoring or evaluation purposes, and be protected in accordance with Union law concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Regulation (EC) No 45/2001 of the European Parliament and of the Council (19) and Regulation (EU) 2016/679 of the European Parliament and of the Council (20). Data subjects should be informed of such processing and of their data protection rights.

(81)

Personal data collected for the purposes of the application of any provision enshrined in this Regulation should be processed in a way that is compatible with those purposes. It should also be made anonymous, be aggregated when processed for monitoring or evaluation purposes, and be protected in accordance with Union law concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Regulation (EU) 2018/1725 of the European Parliament and of the Council (19) and Regulation (EU) 2016/679 of the European Parliament and of the Council (20). Data subjects should be informed of such processing and of their data protection rights.

Amendment 65

Proposal for a regulation

Recital 83

Text proposed by the Commission

Amendment

(83)

In order to ensure legal certainty, protect the rights of farmers and guarantee a smooth, coherent and efficient functioning of types of interventions in the form of direct payments, the power to adopt certain acts should be delegated to the Commission in respect of rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content; rules for good agricultural and environmental condition and certain related elements in respect of the eligibility requirements; and on the content of the declaration and the requirements for the activation of payment entitlements; further rules on eco-schemes; measures to avoid that beneficiaries of coupled income support suffering from structural market imbalances in a sector, including the decision that such support may continue to be paid until 2027 on the basis of the production units for which it was granted in a past reference period; rules and conditions for the authorisation of land and varieties for the purposes of the crop-specific payment for cotton and rules on the conditions for the granting of that payment.

(83)

In order to ensure legal certainty, protect the rights of farmers and guarantee a smooth, coherent and efficient functioning of types of interventions in the form of direct payments, the power to adopt certain acts should be delegated to the Commission in respect of rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content; rules for good agricultural and environmental condition and certain related elements in respect of the eligibility requirements establishment of criteria for the determination of equivalent measures and the appropriate requirements applicable to the national or regional certification schemes; establishment of a catalogue of examples of agricultural practices beneficial for the climate, the environment and animal welfare; measures to avoid that beneficiaries of coupled income support suffering from structural market imbalances in a sector, including the decision that such support may continue to be paid until 2027 on the basis of the production units for which it was granted in a past reference period; rules and conditions for the authorisation of land and varieties for the purposes of the crop-specific payment for cotton and rules on the conditions for the granting of that payment.

Amendment 66

Proposal for a regulation

Recital 84

Text proposed by the Commission

Amendment

(84)

In order to ensure that sectoral types of interventions contribute to the CAP objectives and reinforce synergies with other CAP instruments and in order to ensure a level playing field in the internal market and avoid unequal or unfair competition, the power to adopt certain acts should be delegated to the Commission in respect of criteria for the approval of inter-branch organisations and rules governing the situation where the approved inter-branch organisation does not satisfy such criteria and obligations for producers; rules for the proper functioning of sectoral types of interventions, the basis for the calculation of Union financial assistance, including the reference periods and the calculation of the value of marketed production, and the maximum level of Union financial assistance for market withdrawals; rules for the fixing of a ceiling for expenditure on the replanting of vineyards; and rules under which producers are to withdraw the by-products of winemaking, and on exceptions to that obligation in order to avoid additional administrative burden and rules for the voluntary certification of distillers. In particular, in order to ensure the effective and efficient use of Union funds for interventions in the apiculture sector, the power to adopt certain acts should be delegated to the Commission in respect of additional requirements concerning the notification obligation and the establishment of a minimum Union contribution to the expenditure to implement those types of interventions.

(84)

In order to ensure that sectoral types of interventions contribute to the CAP objectives and reinforce synergies with other CAP instruments and in order to ensure a level playing field in the internal market and avoid unequal or unfair competition, the power to adopt certain acts should be delegated to the Commission in respect of criteria for the approval of inter-branch organisations and rules governing the situation where the approved inter-branch organisation does not satisfy such criteria and obligations for producers; rules for the proper functioning of sectoral types of interventions the basis for the calculation of Union financial assistance, including the reference periods and the calculation of the value of marketed production, and the maximum level of Union financial assistance for market withdrawals; rules for the fixing of a ceiling for expenditure on the replanting of vineyards; rules under which producers are to withdraw the by-products of winemaking, and on exceptions to that obligation in order to avoid additional administrative burden and rules for the voluntary certification of distillers and rules relating to the performance, monitoring and evaluation framework. The Commission should be empowered to adopt delegated acts regarding temporary derogations on conditionality rules during very adverse conditions such as catastrophic events or epidemics. The Commission should also be empowered to determine equivalent practices to agricultural and environmental practices and national or regional environmental certification schemes . In particular, in order to ensure the effective and efficient use of Union funds for interventions in the apiculture sector, the power to adopt certain acts should be delegated to the Commission in respect of additional requirements concerning the notification obligation and the establishment of a minimum Union contribution to the expenditure to implement those types of interventions. With a view to drawing up the CAP strategic plans, the power to adopt certain acts should be delegated to the Commission to set out a code of conduct in the organisation of a partnership between the Member State and the competent regional and local authorities as well as other partners.

Amendment 67

Proposal for a regulation

Recital 85

Text proposed by the Commission

Amendment

(85)

In order to ensure legal certainty and to guarantee that interventions for rural development achieve their objectives, the power to adopt certain acts should be delegated to the Commission in respect of support for management commitments, for investments and for cooperation.

(85)

In order to ensure legal certainty and to guarantee that interventions for rural development achieve their objectives, the power to adopt certain acts should be delegated to the Commission in respect of supplementing the minimum and maximum amounts of support for certain types of interventions.

Amendment 68

Proposal for a regulation

Recital 86

Text proposed by the Commission

Amendment

(86)

In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the Member States’ allocations for types of interventions in the form of direct payments and rules on the content of the CAP Strategic Plan .

(86)

In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the Member States’ allocations for types of interventions in the form of direct payments.

Amendment 69

Proposal for a regulation

Recital 87

Text proposed by the Commission

Amendment

(87)

In order to ensure uniform conditions for the implementation of this Regulation and to avoid unfair competition or discrimination between farmers, implementing powers should be conferred on the Commission as regards the fixing of reference areas for the support for oilseeds, rules for the authorisation of land and varieties for the purposes of the crop-specific payment for cotton and related notifications, the calculation of the reduction where the eligible area of cotton exceeds the base area, the Union financial assistance for distillation of by-products of wine-making, the annual breakdown by Member State of the total amount of Union support for types of interventions for rural development, rules on the presentation of the elements to be included in the CAP Strategic Plan, rules on the procedure and time limits for the approval of CAP Strategic Plans and the submission and approval of requests for amendment of CAP Strategic Plans, uniform conditions for the application of the information and publicity requirements relating to the possibilities offered by the CAP Strategic Plans, rules relating to the performance, monitoring and evaluation framework, rules for the presentation of the content of the annual performance report, rules on the information to be sent by the Member States for the performance assessment by the Commission and rules on the data needs and synergies between potential data sources, and arrangements to ensure a consistent approach for determining the attribution of the performance bonus to Member States. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. (22).

(87)

In order to ensure uniform conditions for the implementation of this Regulation and to avoid unfair competition or discrimination between farmers, implementing powers should be conferred on the Commission as regards the fixing of reference areas for the support for oilseeds, rules for the authorisation of land and varieties for the purposes of the crop-specific payment for cotton and related notifications, the calculation of the reduction where the eligible area of cotton exceeds the base area, the Union financial assistance for distillation of by-products of wine-making, the annual breakdown by Member State of the total amount of Union support for types of interventions for rural development, standardised form of the CAP strategic plans, rules on the procedure and time limits for the approval of CAP Strategic Plans and the submission and approval of requests for amendment of CAP Strategic Plans, uniform conditions for the application of the information and publicity requirements relating to the possibilities offered by the CAP Strategic Plans, rules for the presentation of the content of the annual performance report. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (22).

Amendment 70

Proposal for a regulation

Recital 92 a (new)

Text proposed by the Commission

Amendment

 

(92a)

The Union’s island regions face specific difficulties in carrying out agricultural activities and developing rural areas. An assessment of the impact of the CAP should be carried out in those regions and the idea of extending the measures laid down in Regulation (EU) No 229/2013 of the European Parliament and of the Council to all the island regions in the Union should be explored.

Amendment 71

Proposal for a regulation

Recital 93

Text proposed by the Commission

Amendment

(93)

In order to ensure legal certainty and continuity, the special provisions for Croatia concerning the gradual introduction of direct payments and complementary national direct payments in the framework of the phasing-in mechanism should continue to apply until 1 January 2021 .

(93)

In order to ensure legal certainty and continuity, the special provisions for Croatia concerning the gradual introduction of direct payments and complementary national direct payments in the framework of the phasing-in mechanism should continue to apply . Croatia will be entitled to an amount in accordance with the Accession Treaty in 2022, including an additional envelope for the national reserve for demined land in Croatia, and that right should be included in the calculation of the national envelope for 2022 .

Amendment 72

Proposal for a regulation

Article 1 — paragraph 1 — point b

Text proposed by the Commission

Amendment

(b)

types of interventions and common requirements for Member States to pursue these objectives as well as the related financial arrangements;

(b)

types of interventions and common requirements for Member States to pursue these objectives by ensuring a level playing field as well as the related financial arrangements;

Amendment 73

Proposal for a regulation

Article 1 — paragraph 1 — point c

Text proposed by the Commission

Amendment

(c)

CAP Strategic Plans to be drawn up by Member States, setting targets, defining interventions and allocating financial resources, in line with the specific objectives and identified needs;

(c)

CAP Strategic Plans to be drawn up by Member States , and, where appropriate, in collaboration with their regions , setting targets, defining interventions and allocating financial resources, in line with the specific objectives and identified needs and in accordance with the internal market ;

Amendment 74

Proposal for a regulation

Article 1 — paragraph 2

Text proposed by the Commission

Amendment

2.   This Regulation applies to Union support financed by the EAGF and the EAFRD for interventions specified in a CAP Strategic Plan drawn up by the Member States and approved by the Commission, covering the period from 1 January 2021 to 31 December 2027 .

2.   This Regulation applies to Union support financed by the EAGF and the EAFRD for interventions specified in a CAP Strategic Plan drawn up by the Member States and approved by the Commission, covering the period from 1 January 2022 .

Amendment 75

Proposal for a regulation

Article 2 — paragraph 2

Text proposed by the Commission

Amendment

2.   Chapter III of Title II, Chapter II of Title III and Articles 41 and 43 of Regulation (EU) [CPR] of the European Parliament and of the Council (26) shall apply to support financed by the EAFRD under this Regulation.

2.    In order to ensure coherence between the European Structural and Investment funds (ESIF) and the CAP Strategic Plans, Chapter III of Title II, Chapter II of Title III and Articles 41 and 43 of Regulation (EU) [CPR] of the European Parliament and of the Council (26) shall apply to support financed by the EAFRD under this Regulation.

Amendment 76

Proposal for a regulation

Article 3 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)

‘farmer’ means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members by national law, whose holding is situated within the territorial scope of the Treaties, as defined in Article 52 of the Treaty on European Union (TEU) in conjunction with Articles 349 and 355 of the Treaty on the Functioning of the European Union (TFEU), and who exercises an agricultural activity as defined by Member States;

(a)

‘farmer’ means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members by national law, whose holding is situated within the territorial scope of the Treaties, as defined in Article 52 of the Treaty on European Union (TEU) in conjunction with Articles 349 and 355 of the Treaty on the Functioning of the European Union (TFEU), and who exercises an agricultural activity in accordance with good farming practice as defined by Member States;

Amendment 77

Proposal for a regulation

Article 3 — paragraph 1 — point b a (new)

Text proposed by the Commission

Amendment

 

(ba)

‘public goods’ means goods or services that are not remunerated by the market and deliver environmental and societal outcomes above the statutory environmental, climate, and animal welfare legislation;

Amendment 78

Proposal for a regulation

Article 3 — paragraph 1 — point b b (new)

Text proposed by the Commission

Amendment

 

(bb)

European public goods’ means public goods or services that can only be provided effectively at Union level through intervention to ensure coordination between Member States and level playing field on the Union agricultural market. European public goods include in particular water conservation, biodiversity protection, soil fertility protection, protection of pollinators, and animal welfare;

Amendment 79

Proposal for a regulation

Article 3 — paragraph 1 — point e

Text proposed by the Commission

Amendment

(e)

‘mutual fund’ means a scheme accredited by the Member State in accordance with its national law for affiliated farmers to insure themselves, whereby compensation payments are made to affiliated farmers who experience economic losses.

(e)

‘mutual fund’ means a scheme accredited by the Member State in accordance with its national law for affiliated farmers to make provision against risks and to receive compensation payments in the event of economic losses or a fall in income;

Amendment 80

Proposal for a regulation

Article 3 — paragraph 1 — point f — point i

Text proposed by the Commission

Amendment

(i)

a project, contract, action or group of projects selected under the programs concerned;

(i)

a project, contract, action or group of projects selected under the strategic plan concerned;

Amendment 81

Proposal for a regulation

Article 3 — paragraph 1 — point f — point ii

Text proposed by the Commission

Amendment

(ii)

in the context of financial instruments, a  program contribution to a financial instrument and the subsequent financial support provided to final recipients by that financial instrument;

(ii)

in the context of financial instruments, a  strategic plan contribution to a financial instrument and the subsequent financial support provided to final recipients by that financial instrument;

Amendment 82

Proposal for a regulation

Article 3 — paragraph 1 — point h — point i

Text proposed by the Commission

Amendment

(i)

a public or private law body, an entity with or without legal personality or a natural person, responsible for initiating or both initiating and implementing operations;

(i)

a public or private law body, an entity with or without legal personality, a natural person or a group of natural or legal persons , responsible for initiating or both initiating and implementing operations;

Amendment 83

Proposal for a regulation

Article 3 — paragraph 1 — point h — point ii

Text proposed by the Commission

Amendment

(ii)

in the context of State aid schemes, the body which receives the aid;

(ii)

in the context of state aid schemes, the entity which receives the aid;

Amendment 84

Proposal for a regulation

Article 3 — paragraph 1 — point i

Text proposed by the Commission

Amendment

(i)

‘targets’ means pre-agreed values to be achieved at the end of the period in relation to the result indicators included under a specific objective;

(i)

‘targets’ means pre-agreed values to be achieved by the end of the period of the CAP Strategic Plan in relation to the result indicators included under a specific objective;

Amendment 85

Proposal for a regulation

Article 3 — paragraph 1 — point j

Text proposed by the Commission

Amendment

(j)

‘milestones’ means intermediate targets to be achieved at a given point in time during the CAP Strategic Plan period in relation to the indicators included under a specific objective.

(j)

‘milestones’ means intermediate targets to be achieved by a Member State at a given point in time during the CAP Strategic Plan period to ensure timely progress in relation to the results indicators included under a specific objective.

Amendments 86 and 1148cp1

Proposal for a regulation

Article 4 — paragraph 1 — introductory part

Text proposed by the Commission

Amendment

1.   Member States shall provide in their CAP Strategic Plan the definitions of agricultural activity, agricultural area, eligible hectare, genuine farmer and young farmer:

1.   Member States shall provide in their CAP Strategic Plan the definitions of agricultural activity, agricultural area, eligible hectare, active farmer, young farmer and new farmer :

Amendments 866 and 1185

Proposal for a regulation

Article 4 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)

‘agricultural activity’ shall be defined in a way that it includes both the production of agricultural products listed in Annex I to the TFEU, including cotton and short rotation coppice, and maintenance of the agricultural area in a state which makes it suitable for grazing or cultivation, without preparatory action going beyond usual agricultural methods and machineries;

(a)

‘agricultural activity’ shall be defined in a way that it includes both the production of agricultural products listed in Annex I to the TFEU, including cotton and short rotation coppice and paludiculture , and maintenance of the agricultural area in a state which makes it suitable for grazing or cultivation, without preparatory action going beyond usual agricultural methods and machineries , including in agroforestry ;

Amendments 87 and 1148cp2

Proposal for a regulation

Article 4 — paragraph 1 — point b — introductory part

Text proposed by the Commission

Amendment

(b)

‘agricultural area’ shall be defined in a way that it is composed of arable land, permanent crops and permanent grassland. The terms ‘arable land’, ‘permanent crops’ and ‘permanent grassland’ shall be further specified by Member States within the following framework:

(b)

‘agricultural area’ shall be defined in a way that it is composed of arable land, permanent crops and permanent grassland and agroforestry systems. Landscape features shall be included as components of the agricultural area . The terms ‘arable land’, ‘permanent crops’ and ‘permanent grassland ’ and ‘agroforestry systems ’ shall be further specified by Member States within the following framework:

Amendment 1148cp3

Proposal for a regulation

Article 4 — paragraph 1 — point b — point i

Text proposed by the Commission

Amendment

(i)

‘arable land’ shall be land cultivated for crop production or areas available for crop production but lying fallow, and include areas set aside in accordance with Articles 22, 23 and 24 of Council Regulation (EC) No 1257/1999 (28), with Article 39 of Council Regulation (EC) No 1698/2005 (29), with Article 28 of Regulation (EU) No 1305/2013 or with Article 65 of this Regulation;

(i)

‘arable land’ shall be land cultivated for crop production or areas available for crop production but lying fallow , and it may include a combination of crops with trees/ and/or shrubs to form silvoarable agroforestry systems , and include areas set aside in accordance with Articles 22, 23 and 24 of Council Regulation (EC) No 1257/1999 (28), with Article 39 of Council Regulation (EC) No 1698/2005 (29), with Article 28 of Regulation (EU) No 1305/2013 or with Article 65 of this Regulation;

Amendment 1148cp4

Proposal for a regulation

Article 4 — paragraph 1 — point b — point ii

Text proposed by the Commission

Amendment

(ii)

‘permanent crops’ shall be non-rotational crops other than permanent grassland and permanent pasture that occupy the land for five years or more, which yield repeated harvests, including nurseries and short rotation coppice;

(ii)

‘permanent crops’ shall be non-rotational crops other than permanent grassland and permanent pasture that occupy the land for five years or more, which yield repeated harvests, including nurseries , including those in planters lined with plastic (if the Member State makes provision for this), and short rotation coppice;

Amendment 1148cp5, 1148cp6, 1148cp7, 89cp2 and 804cp3

Proposal for a regulation

Article 4 — paragraph 1 — point b — point iii

Text proposed by the Commission

Amendment

(iii)

‘permanent grassland and permanent pasture’ (together referred to as ‘permanent grassland’) shall be land not included in the crop rotation of the holding for five years or more, used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown). It may include other species such as shrubs and/or trees which can be grazed or produce animal feed;

(iii)

‘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, as well as, where Member States so decide, that has not been ploughed up for five years or more; it may include other species such as shrubs and/or trees which can be grazed or and, where Member States so decide, other species such as shrubs and/or trees which produce animal feed , provided that the grasses and other herbaceous forage remain predominant. If Member States so decide, a crop rotation shall also be the change of the species of green fodder if the new sowing consists of a different mixture of species compared to the previous sowing.

Member States may also decide to consider as permanent grassland:

(i)

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 ; and/or

(ii)

land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas which may include shrubs and/or trees and other resources consumed by animals (leaves, flowers, stems, fruits);

Amendments 90 and 1148cp8

Proposal for a regulation

Article 4 — paragraph 1 — point b — point iii a (new)

Text proposed by the Commission

Amendment

 

(iiia)

‘agroforestry systems’ means land use systems in which trees are grown on the same land as where agricultural practices are carried out;

Amendment 1148cp9

Proposal for a regulation

Article 4 — paragraph 1 — point b — point iii b (new)

Text proposed by the Commission

Amendment

 

(iiib)

‘temporary grassland’ shall be defined as grass or herbaceous species grown on arable land (i.e. in rotation) for less than five consecutive years, or beyond five years where ploughing and reseeding occur.

Amendment s 91 and 1148cp10

Proposal for a regulation

Article 4 — paragraph 1 — point c — introductory part

Text proposed by the Commission

Amendment

(c)

for the purpose of types of interventions in the form of direct payments, ‘eligible hectare’ shall be defined in a way that it includes any agricultural area of the holding:

(c)

for the purpose of types of interventions in the form of direct payments, ‘eligible hectare’ shall be defined in a way that it includes any agricultural area of the holding , including mobile or stationary temporary technical installations, in particular internal farm tracks and water troughs, as well as silage bales and rewetted areas used for paludiculture :

Amendments 1148cp11 and 1148cp12

Proposal for a regulation

Article 4 — paragraph 1 — point c — points i, ia (new) and ii

Text proposed by the Commission

Amendment

(i)

that, during the year for which support is requested, is used for an agricultural activity or, where the area is also used for non-agricultural activities, is predominantly used for agricultural activities, and which is at the farmer's disposal. Where duly justified for environmental reasons, eligible hectares may also include certain areas used for agricultural activities only every second year.

(i)

that, during the year for which support is requested, is used for an agricultural activity or, where the area is also used for non-agricultural activities, is predominantly used for agricultural activities, and which is at the farmer's disposal. Where duly justified for environmental , biodiversity and climate related reasons, eligible hectares may also include certain areas used for agricultural activities only every third year;

 

(ia)

that, if Member States so decide, may contain landscape features and elements including biotopes such as trees, bushes, field copses and wet areas, provided that they do not cover more than one third of the area of each agricultural parcel as defined in Article 63(4) of Regulation EU …/… [Horizontal Regulation];

(ii)

that gave a right to payments under Subsection 2 of Section 2 of Chapter II of Title III of this Regulation or under the basic payment scheme or the single area payment scheme laid down in Title III of Regulation (EU) No 1307/2013, and which:

(ii)

any area of the holding that gave a right to payments under Subsection 2 of Section 2 of Chapter II of Title III of this Regulation or under the basic payment scheme or the single area payment scheme laid down in Title III of Regulation (EU) No 1307/2013, and which:

 

no longer complies with the definition of ‘eligible hectare’ set out in point (a) of Regulation (EU) No 1307/2013 as a result of the implementation of Directives 92/43/EEC and 2009/147/EC or Directive 2000/60/EC;

 

is not an ‘eligible hectare’ as defined by Member States on the basis of sub-point (i) and (ia) of this point;

 

 

as a result of the implementation of Directives 92/43/EEC and 2009/147/EC or Directive 2000/60/EC:

 

 

as a result of area-related measures contributing to mitigation and adaptation to climate change, environmental and biodiversity objectives laid down in points (d), (e) and (f) of Article 6(1) of this Regulation. Such areas may be used for the cultivation of paludicultures;

 

for the duration of the relevant commitment by the individual farmer, is afforested pursuant to Article 31 of Regulation (EC) No 1257/1999 or to Article 43 of Regulation (EC) No 1698/2005 or to Article 22 of Regulation (EU) No 1305/2013 or under a national scheme the conditions of which comply with Article 43(1), (2) and (3) of Regulation (EC) No 1698/2005 or Article 22 of Regulation (EU) No 1305/2013 or Articles 65 and 67 of this Regulation.

 

for the duration of the relevant commitment by the individual farmer, is afforested pursuant to Article 31 of Regulation (EC) No 1257/1999 or to Article 43 of Regulation (EC) No 1698/2005 or to Article 22 of Regulation (EU) No 1305/2013 or under a national scheme the conditions of which comply with Article 43(1), (2) and (3) of Regulation (EC) No 1698/2005 or Article 22 of Regulation (EU) No 1305/2013 or Articles 65 and 67 of this Regulation. Member States may set appropriate conditions to include land afforestation by way of private or national funding contributing to one or more of the specific environmental-,biodiversity- and climate-related objectives.

 

for the duration of the relevant commitment of the individual farmer, is set aside pursuant to Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, to Article 39 of Regulation (EC) No 1698/2005, to Article 28 of Regulation (EU) No 1305/2013 or to Article 65 of this Regulation.

 

for the duration of the relevant commitment of the individual farmer, is set aside pursuant to Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, to Article 39 of Regulation (EC) No 1698/2005, to Article 28 of Regulation (EU) No 1305/2013 or to Article 65 of this Regulation.

Amendments 93 and 1148cp13

Proposal for a regulation

Article 4 — paragraph 1 — point c — subparagraph 2

Text proposed by the Commission

Amendment

Areas used for the production of hemp shall only be eligible hectares if the varieties used have a tetrahydrocannabinol content not exceeding 0,2 %;

Areas used for the production of hemp shall only be eligible hectares if the varieties used have a tetrahydrocannabinol content not exceeding 0,3 %;

Amendment 1148cp14

Proposal for a regulation

Article 4 — paragraph 1 — point d

Text proposed by the Commission

Amendment

(d)

genuine farmers’ shall be defined in a way to ensure that no support is granted to those whose agricultural activity forms only an insignificant part of their overall economic activities or whose principal business activity is not agricultural , while not precluding from support pluri-active farmers. The definition shall allow to determine which farmers are not considered genuine farmers , based on conditions such as income tests, labour inputs on the farm, company object and/or inclusion in registers .

(d)

‘active farmers’ shall be defined in such a way as to ensure that support is granted only to natural or legal persons, or to groups of natural or legal persons, engaging in at least a minimum level of agricultural activity and providing public goods in accordance with the objectives of the CAP Strategic Plan , while not precluding from support pluri-active farmers particularly part-time farmers, semi-subsistence farmers and high nature value farming.

The definition shall , in any event, preserve the family farming model of the Union of an individual or group nature, irrespective of its size, and may take into account, if necessary, the special features of the regions defined in Article 349 TFEU. The definition shall ensure that no support is granted to natural or legal persons, or groups of natural or legal persons, who operate airports, railway services, waterworks, real estate services, permanent sport and recreational grounds. Member States may decide to add to this list other similar non-agricultural businesses or activities, or to withdraw such additions and may exclude from this definition individuals or companies carrying out large-scale processing of agricultural products, with the exception of groups of farmers, involved in such processing.

Where a holding that benefits from CAP payments is part of a larger, primarily non-agricultural structure, this must be transparent. When formulating the definition, Member States shall:

(i)

apply, on the basis of objective and non-discriminatory criteria, one or more elements such as income tests, labour inputs on the farm, company object, minimum agricultural activity criteria, the appropriate experience, training and/or skills and/or inclusion of their agricultural activities in national registers;

(ii)

set, on the basis of their national or regional characteristics, an amount of direct payments, which shall not exceed EUR 5 000 under which farmers, engaged in at least a minimum level of agricultural activity and providing public goods, shall in any event be considered as ‘active farmers’.

Amendments 95 and 1148cp15

Proposal for a regulation

Article 4 — paragraph 1 — point e — introductory part

Text proposed by the Commission

Amendment

(e)

‘young farmer’ shall be defined in a way that it includes:

(e)

‘young farmer’ shall be defined in a way that it includes an age limit of 40 years old and :

Amendments 96 and 1148cp16

Proposal for a regulation

Article 4 — paragraph 1 — point e — point i

Text proposed by the Commission

Amendment

(i)

a maximum age limit that may not exceed 40 years;

deleted

Amendments 97 and 1148cp16

Proposal for a regulation

Article 4 — paragraph 1 — point e — point iii

Text proposed by the Commission

Amendment

(iii)

the appropriate training and/or skills required .

(iii)

the appropriate training and/or skills.

Amendments 98 and 1148cp16

Proposal for a regulation

Article 4 — paragraph 1 — point e — subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

When evaluating compliance with the conditions for being head of the holding, Member States shall take into account the specificities of partnership arrangements.

Amendments 99 and 1148cp16

Proposal for a regulation

Article 4 — paragraph 1 — point e a (new)

Text proposed by the Commission

Amendment

 

(ea)

‘new farmer’ shall be defined in such a way that it includes:

(i)

the conditions for being ‘head of the holding’;

(ii)

the appropriate training and/or skills;

(iii)

an age limit over 40 years old.

 

A ‘new farmer’ under this definition shall not be recognised as a ‘young farmer’ as defined in point (e).

Amendment 100

Proposal for a regulation

Article 4 — paragraph 2

Text proposed by the Commission

Amendment

(2)   The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content referred to in point (c) of paragraph 1 to preserve public health.

(2)   The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content referred to in point (c) of paragraph 1 of this Article to preserve public health.

Amendments 101 and 1149cp1

Proposal for a regulation

Article 5 — paragraph 1 — introductory part

Text proposed by the Commission

Amendment

Support from the EAGF and EAFRD shall aim to further improve the sustainable development of farming, food and rural areas and shall contribute to achieving the following general objectives:

In conjunction with the objectives of the CAP set out in Article 39 TFEU, support from the EAGF and EAFRD shall aim to further improve the sustainable development of farming, food and rural areas and shall contribute to achieving the following general objectives in the economic, environmental and social spheres :

Amendments 102 and 1149cp1

Proposal for a regulation

Article 5 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)

to foster a  smart , resilient and diversified agricultural sector ensuring food security;

(a)

to foster a  modern, competitive , resilient and diversified agricultural sector ensuring long-term food security while safeguarding the family farm model ;

Amendment 1149cp2

Proposal for a regulation

Article 5 — paragraph 1 — point b

Text proposed by the Commission

Amendment

(b)

to bolster environmental care and climate action and to contribute to the environmental- and climate-related objectives of the Union;

(b)

to support and improve environmental protection, biodiversity and climate action and to deliver on the environmental- and climate-related objectives of the Union;

Amendments 104 and 1149cp3

Proposal for a regulation

Article 5 — paragraph 1 — point c

Text proposed by the Commission

Amendment

(c)

to strengthen the socio-economic fabric of rural areas.

(c)

to strengthen the socio-economic fabric of rural areas , in order to contribute to the creation and maintenance of employment, by guaranteeing a viable income for farmers, pursuing a fair standard of living for the entire agricultural population and tackling rural depopulation, with a particular focus on the less populated and the less developed regions, and balanced territorial development .

Amendments 105 and 1149cp4

Proposal for a regulation

Article 5 — paragraph 2

Text proposed by the Commission

Amendment

Those objectives shall be complemented by the cross-cutting objective of modernising the sector by fostering and sharing of knowledge, innovation and digitalisation in agriculture and rural areas, and encouraging their uptake.

Those objectives shall be complemented and interconnected with the cross-cutting objective of modernising the sector by ensuring that farmers have access to research, training and sharing of knowledge and knowledge transfer services , innovation and digitalisation in agriculture and rural areas, and encouraging their uptake.

Amendment 106

Proposal for a regulation

Article 6 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)

support viable farm income and resilience across the Union to enhance food security;

(a)

ensure viable farm income and resilience of the agricultural sector across the Union to enhance long-term food security and agricultural diversity, while providing safe and high quality food at fair prices with the aim of reversing the decline in the number of farmers and ensuring the economic sustainability of agricultural production in the Union ;

Amendment 107

Proposal for a regulation

Article 6 — paragraph 1 — point b

Text proposed by the Commission

Amendment

(b)

enhance market orientation and increase competitiveness, including greater focus on research, technology and digitalisation;

(b)

enhance market orientation , in local, national, Union as well as international markets, as well as market stabilisation, risk and crisis management, and increase long term farm competitiveness, processing and marketing capabilities of agricultural products, with greater focus on quality differentiation, research , innovation , technology , knowledge transfer and exchange and digitalisation , and facilitating the access of farmers to circular economy dynamics ;

Amendment 108

Proposal for a regulation

Article 6 — paragraph 1 — point c

Text proposed by the Commission

Amendment

(c)

improve the farmers' position in the value chain ;

(c)

improve the farmers' bargaining position in the value chains by encouraging associative forms, producer organisations and collective negotiations, as well as promoting short supply chains and improving market transparency ;

Amendment 1150cp1

Proposal for a regulation

Article 6 — paragraph 1 — point d

Text proposed by the Commission

Amendment

(d)

contribute to climate change mitigation and adaptation, as well as sustainable energy;

(d)

contribute to climate change mitigation and adaptation, by reducing greenhouse gas emissions, including by enhancing carbon sinks, carbon sequestration and storage in the agriculture and food sector, as well as incorporating sustainable energy , while ensuring food security, and sustainable management and protection of forests, in line with the Paris Agreement ;

Amendment 110

Proposal for a regulation

Article 6 — paragraph 1 — point e

Text proposed by the Commission

Amendment

(e)

foster sustainable development and efficient management of natural resources such as water, soil and air;

(e)

foster sustainable development and efficient management of natural resources, such as water, soil and air , while reducing chemical dependency with the aim of reaching the goals provided for in the relevant legislative instruments and rewarding farming practices and systems that deliver multiple environmental benefits including the halting of desertification ;

Amendment 1150cp3

Proposal for a regulation

Article 6 — paragraph 1 — point f

Text proposed by the Commission

Amendment

(f)

contribute to the protection of biodiversity, enhance ecosystem services and preserve habitats and landscapes;

(f)

enhance ecosystem services , and contribute to halting and reversing biodiversity loss, including by protecting beneficial flora, fauna and pollinator species, by supporting agrobiodiversity, nature conservation and agroforestry, as well as contributing to greater natural resilience, restoring and preserving soils, water bodies, habitats and landscapes , and supporting High Nature Value (HNV) farming systems ;

Amendments 112 and 1150cp4

Proposal for a regulation

Article 6 — paragraph 1 — point g

Text proposed by the Commission

Amendment

(g)

attract young farmers and facilitate business development in rural areas;

(g)

attract and support young farmers , new farmers, and promoting the participation of women in the agricultural sector, particularly in the most depopulated areas and areas with natural constrains; facilitate training and experience across the Union, sustainable business development and job creation in rural areas;

Amendment 1150cp5

Proposal for a regulation

Article 6 — paragraph 1 — point h

Text proposed by the Commission

Amendment

(h)

promote employment, growth, social inclusion and local development in rural areas , including bio-economy and sustainable forestry ;

(h)

promote social and territorial cohesion in rural areas including through employment creation , growth and investment , social inclusion , combatting rural poverty and through local development , including high quality local services for rural communities, focusing in particular on areas with natural constraints; promoting decent living, working and economic conditions; diversification of activities and income, including agri-tourism, sustainable bio-economy, circular economy, sustainable management and protection of forests, while ensuring gender equality; promoting equal opportunities in rural areas through specific support measures, and recognition of women's work in agriculture, crafts, tourism and local services ;

Amendment 1150cp6

Proposal for a regulation

Article 6 — paragraph 1 — point i

Text proposed by the Commission

Amendment

(i)

improve the response of EU agriculture to societal demands on food and health, including safe, nutritious and sustainable food, food waste, as well as animal welfare .

(i)

improve the response of Union agriculture to societal demands on food and health, including safe, nutritious , high quality and sustainable food, low input farming, organic agriculture, the reduction of food waste , combatting antimicrobial resistance and improving animal health and welfare , as well as increasing social awareness of the importance of farmers and rural areas, while contributing to the implementation of the 2030 Agenda for Sustainable Development .

Amendment 115

Proposal for a regulation

Article 6 — paragraph 2

Text proposed by the Commission

Amendment

2.    When pursuing the specific objectives Member States shall ensure simplification and performance of the CAP support.

2.    With a view to achieving specific objectives, Member States and the Commission shall ensure the performance of CAP support and simplification for final beneficiaries by reducing the administrative burden while ensuring non-discrimination among beneficiaries .

Amendment 116

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — introductory part

Text proposed by the Commission

Amendment

Achievement of the objectives referred to in Articles 5 and 6(1) shall be assessed on the basis of common indicators related to output, result and impact. The set of common indicators shall include:

Achievement of the objectives referred to in Articles 5 and 6(1) shall be assessed on the basis of common indicators related to output, result and impact and shall be based on official sources of information . The set of common indicators shall include:

Amendment 117

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — point b

Text proposed by the Commission

Amendment

(b)

result indicators relating to the specific objectives concerned and used for the establishment of quantified milestones and targets in relation to those specific objectives in the CAP Strategic Plans and assessing progress towards the targets. The indicators relating to environment- and climate-specific objectives may cover interventions included in relevant national environmental and climate-planning instruments emanating from the Union legislation listed in Annex XI;

(b)

result indicators relating to the specific objectives concerned and used for the establishment of quantified milestones and targets in relation to those specific objectives in the CAP Strategic Plans and assessing progress towards the targets. The indicators relating to environment- and climate-specific objectives may cover interventions which contribute to the commitments emanating from the Union legislation listed in Annex XI;

Amendment 118

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — point c

Text proposed by the Commission

Amendment

(c)

impact indicators related to the objectives set out in Articles 5 and 6(1) and used in the context of the CAP Strategic Plans and of the CAP.

(c)

impact indicators related to the objectives set out in Articles 5 and 6(1) and used in the context of the Strategic Plans of CAP , taking into account external factors beyond the CAP.

Amendment 119

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

Member States may break down the output indicators and result indicators laid down in Annex I into more detail in relation to particular national and regional features in their Strategic Plans.

Amendment 120

Proposal for a regulation

Article 7 — paragraph 2

Text proposed by the Commission

Amendment

2.   The Commission is empowered to adopt delegated acts in accordance with Article 138 amending Annex I to adapt the common output, result and impact indicators to take into account the experience with their application and, where needed, to add new indicators .

2.    The Commission shall carry out a full assessment on the effectiveness of the output, result and impact indicators laid down in Annex I by the end of the third year of application of the Strategic Plans.

 

Following that assessment, the Commission is empowered to adopt delegated acts, in accordance with Article 138, amending Annex I to adapt , if necessary, the common indicators taking into account the experience gained during the policy implementation of this Regulation .

Amendment 121

Proposal for a regulation

Article 8 — paragraph 1

Text proposed by the Commission

Amendment

Member States shall pursue the objectives set out in Title II by specifying interventions based on the types of interventions set out in Chapters II, III and IV of this Title in accordance with the common requirements set out in this Chapter.

Member States , and, where applicable, their regions, shall pursue the objectives set out in Title II by specifying interventions based on the types of interventions set out in Chapters II, III and IV of this Title in accordance with the common requirements set out in this Chapter.

Amendments 122 and 1117cp1

Proposal for a regulation

Article 9 — paragraph 1

Text proposed by the Commission

Amendment

Member States shall design the interventions of their CAP Strategic Plans in accordance with the Charter of Fundamental Rights of the European Union and the general principles of Union law.

Member States shall design , in collaboration, where applicable, with their regions, the interventions of their CAP Strategic Plans in accordance with the Charter of Fundamental Rights of the European Union and the general principles of Union law.

Amendment 1104

Proposal for a regulation

Article 9 — paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Member States, in collaboration, where applicable, with their regions, when working out the CAP Strategic Plans, shall take account of the specific principles laid down in Article 39 TFEU, namely the particular nature of agricultural activity, which results from the social structure of agriculture and from structural and natural disparities between the various agricultural regions; the need to effect the appropriate adjustments by degrees; the fact that in the Member States agriculture constitutes a sector closely linked with the economy as a whole.

Amendments 123 and 1117cp2

Proposal for a regulation

Article 9 — paragraph 2

Text proposed by the Commission

Amendment

Member States shall ensure that interventions are set out on the basis of objective and non-discriminatory criteria, are compatible with the internal market and do not distort competition .

Member States in collaboration, where applicable, with their regions, shall ensure that interventions are set out on the basis of objective and non-discriminatory criteria, and do not hinder the proper functioning of the internal market.

Amendment 1117cp3

Proposal for a regulation

Article 9 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

In the case of a legal person, or a group of natural or legal persons, Member States may decide to apply the reduction referred to in Article 15 and the supports referred to in Articles 26, 27, 29, 66, 67 and 68 as defined in their CAP strategic plans at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual active 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.

Amendments 124 and 1117cp4

Proposal for a regulation

Article 9 — paragraph 3

Text proposed by the Commission

Amendment

Member States shall establish the legal framework governing the granting of Union support to beneficiaries on the basis of the CAP Strategic Plan and in accordance with the principles and requirements set out in this Regulation and Regulation (EU) [HzR].

Member States in collaboration, where applicable, with their regions, shall establish the legal framework governing the granting of Union support to beneficiaries on the basis of the CAP Strategic Plan and in accordance with the principles and requirements set out in this Regulation and Regulation (EU) [HzR].

Amendments 731 and 807

Proposal for a regulation

Article 9 a (new)

Text proposed by the Commission

Amendment

 

Article 9a

Sustainable development

The objectives of the CAP Strategic Plans shall be pursued in line with the principle of sustainable development and with the aim of preserving, protecting and improving the quality of the environment, as set out in Article 11 and Article 191(1) TFEU, taking into account the polluter pays principle. The Member States and the Commission shall ensure that environmental protection requirements, resource efficiency, climate change mitigation and adaptation, biodiversity, disaster resilience, and risk mitigation and prevention are promoted in the preparation and implementation of CAP specific objectives. Interventions shall be planned and carried out in accordance with the principle of policy coherence for development as set out in Article 208 TFEU. This strategic consistency shall be checked by the Commission in line with the procedure outlined in Chapter III of Title V.

Amendment 808

Proposal for a regulation

Article 9 b (new)

Text proposed by the Commission

Amendment

 

Article 9b

Compliance with the Paris Agreement

The objectives of the CAP Strategic Plans shall be pursued in line with the Paris Agreement, and with a view to reaching the global objectives set out in the Paris Agreement and the commitments described in the Union’s and Member States’ Nationally Determined Contributions.

The Commission shall make sure, before approving CAP Strategic Plans, that the combination of all CAP Strategic Plans targets and measures will allow the fulfilment of the climate objectives set out in this Article.

Amendment 125

Proposal for a regulation

Article 9 c (new)

Text proposed by the Commission

Amendment

 

Article 9c

Integration of a gender perspective

Member States shall ensure the integration of a gender perspective throughout the preparation, implementation and evaluation of their CAP Strategic Plans, with the aim of promoting gender equality and combating gender discrimination.

Amendment 126

Proposal for a regulation

Article 10 — paragraph - 1 (new)

Text proposed by the Commission

Amendment

 

-1.     The Commission shall ensure that the Member States’ Strategic Plans comply with the World Trade Organisation (WTO) commitments.

Amendment 127

Proposal for a regulation

Article 10 — paragraph 1 — subparagraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that the interventions based on the types of interventions which are listed in Annex II to this Regulation, including the definitions set out in Article 3 and the definitions to be formulated in the CAP Strategic Plans set out in Article 4, respect the provisions of paragraph 1 of Annex 2 to the WTO Agreement on Agriculture.

Interventions based on the types of interventions which are listed in Annex II to this Regulation, including the definitions set out in Article 3 and the definitions to be formulated in the CAP Strategic Plans set out in Article 4, shall respect the provisions of paragraph 1 of Annex 2 to the WTO Agreement on Agriculture.

Amendment 128

Proposal for a regulation

Article 10 — paragraph 2

Text proposed by the Commission

Amendment

2.     Member States shall ensure that the interventions based on the crop-specific payment for cotton provided for in Subsection 2 of Section 3 of Chapter II of this Title respect the provisions of Article 6(5) of the WTO Agreement on Agriculture.

deleted

Amendment 809

Proposal for a regulation

Article 10 a (new)

Text proposed by the Commission

Amendment

 

Article 10a

 

Global dimension of the CAP

 

1.     In accordance with Article 208 TFEU, the Union and Member States shall ensure that development cooperation objectives are taken into account in all CAP interventions, and respect the right to food as well as the right to development.

 

2.     Member States shall ensure that CAP Strategic Plans contribute to the maximum extent possible to the timely achievement of the goals set in the 2030 Agenda for Sustainable Development, notably SDG 2, SDG 10, SDG 12, and SDG 13, as well as in the Paris Agreement. Therefore, CAP interventions shall:

 

(i)

contribute to developing diversified and sustainable agriculture and resilient agro-ecological practices both in the Union and in partner countries;

(ii)

contribute to maintaining the genetic diversity of seeds, cultivated plants, farmed and domesticated animals and their related wild species, in the Union and in partner countries;

(iii)

fully integrate climate change mitigation and adaptation measures.

 

3.     The compliance of the CAP with Policy Coherence for Development shall be assessed on a regular basis, inter alia using data from the monitoring mechanism set out in Article 119a. The Commission shall report to the Council and to the European Parliament about the results of the assessment and the Union’s policy response.

Amendment 1151cp1

Proposal for a regulation

Article 11 — paragraph 1 — introductory part

Text proposed by the Commission

Amendment

1.   Member States shall include in their CAP Strategic Plans a system of conditionality, under which an administrative penalty shall be imposed on beneficiaries receiving direct payments under Chapter II of this Title or the annual premia under Articles 65, 66 and 67 who do not comply with the statutory management requirements under Union law and the standards for good agricultural and environmental condition of land established in the CAP Strategic Plan, as listed in Annex III, relating to the following specific areas:

1.   Member States shall include in their CAP Strategic Plans a system of conditionality, under which beneficiaries receiving direct payments under Chapter II of this Title or the annual premiums under Articles 65, 66 and 67 shall be subject to an administrative penalty if they do not comply with the statutory management requirements under Union law and the standards for good agricultural and environmental condition of land established in the CAP Strategic Plan, as listed in Annex III, relating to the following specific areas:

Amendments 810cp2, 887 and 1151cp2

Proposal for a regulation

Article 11 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)

the climate and the environment;

(a)

the climate and the environment , including water, air, soil, biodiversity and ecosystem services ;

Amendment 1151cp3

Proposal for a regulation

Article 11 — paragraph 2

Text proposed by the Commission

Amendment

2.   The rules on the administrative penalties to be included in the CAP Strategic Plan shall respect the requirements set out in Chapter IV of Title IV of Regulation (EU) [HzR].

2.   The rules on an effective and proportionate system of administrative penalties to be included in the CAP Strategic Plan shall respect the requirements set out in Chapter IV of Title IV of Regulation (EU) [HzR]

Amendment 132

Proposal for a regulation

Article 11 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.     The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation regarding temporary derogations on conditionality rules during disease epidemics, adverse climate events, catastrophic events or natural disasters.

Amendment 732

Proposal for a regulation

Article 11 a (new)

Text proposed by the Commission

Amendment

 

Article 11a

Principle and scope on the social conditionality

1.     Member States shall include in their CAP Strategic Plans a system of conditionality, under which beneficiaries receiving direct payments under Chapter II and Chapter III of this Title or the annual premia under Articles 65, 66 and 67 shall be subject to an administrative penalty if they do not comply with the applicable working and employment conditions and/or employer obligations resulting from all relevant collective agreements and social and labour law at national, Union and international levels.

2.     The rules on an effective and proportionate system of administrative penalties to be included in the CAP Strategic Plan shall respect the requirements set out in Chapter IV of Title IV of Regulation (EU) [HzR].

Amendment 1128

Proposal for a regulation

Article 12

Text proposed by the Commission

Amendment

Article 12

Article 12

Obligations of Member States relating to good agricultural and environmental condition

Obligations of Member States relating to good agricultural and environmental condition

1.   Member States shall ensure that all agricultural areas including land which is no longer used for production purposes, is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land in line with the main objective of the standards as referred to in Annex III, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures.

1.   Member States shall ensure that all agricultural areas, including land which is no longer used for production purposes, are maintained in good agricultural and environmental condition. Member States shall define, in consultation with all relevant stakeholders at national or , where appropriate, at regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land in line with the main objective of the standards as referred to in Annex III, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures , thus ensuring that the land contributes to the specific objectives set out in points (d), (e) and (f) of Article 6(1) .

2.   In respect of the main objectives laid down in Annex III Member States may prescribe standards additional to those laid down in that Annex against those main objectives . However , Member States shall not define minimum standards for main objectives other than the main objectives laid down in Annex III.

2.   In order to protect the commonality of the CAP and to ensure a level playing field, and respect of the main objectives laid down in Annex III Member States shall not prescribe standards additional to those laid down in that Annex against those main objectives , within the system of conditionality. In addition , Member States shall not define minimum standards for main objectives other than the main objectives laid down in Annex III.

 

Member States shall provide the beneficiaries concerned, where appropriate by the use of electronic means, with the list of the requirements and standards to be applied at farm level, as well as clear and precise information thereon.

 

2a.     Farmers satisfying the requirements laid down in Regulation (EU) 2018/848 of the European Parliament and of the Council  (1a) on organic agriculture shall, in doing so, be deemed to comply with rule 8 on standards for good agricultural and environmental condition of land (GAEC) as laid down in Annex III to this Regulation.

 

2b.     The outermost regions of the Union, defined pursuant to Article 349 TFEU, and the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013, shall be exempt from the standards of good agricultural and environmental condition of lands requirements 1, 2, 8 and 9, as laid down in Annex III to this Regulation.

 

2c.     Farmers participating in voluntary schemes for climate and environment under Article 28 with equivalent agricultural practices to GAECs 1, 8, 9 or 10 are deemed to comply with corresponding standards for good agricultural and environmental condition of land (GAEC) as laid down in Annex III to this Regulation, provided that those schemes deliver higher level of benefit for the climate and environment in relation to GAECs 1, 8, 9 or 10. Such practices shall be assessed in accordance with Title V of this Regulation.

3.     Member States shall establish a system for providing the Farm Sustainability Tool for Nutrients referred to in Annex III, with the minimum content and functionalities defined therein, to beneficiaries, who shall use the Tool.

 

The Commission may support the Member States with the design of that Tool and with data storage and processing services requirements.

 

4.   The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with rules for good agricultural and environmental condition, including establishing the elements of the system of the ratio of permanent grassland, the year of reference and the rate of conversion under GAEC 1 as referred to in Annex III , the format and additional minimum elements and functionalities of the Farm Sustainability Tool for Nutrients .

4.   The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with rules in relation to further elements of the system of the ratio of permanent grassland, the year of reference and the rate of conversion under GAEC 1 as referred to in Annex III.

 

Amendment 1129

Proposal for a regulation

Article 13

Text proposed by the Commission

Amendment

Article 13

Article 13

Farm advisory services

Farm advisory services

1.   Member States shall include in the CAP Strategic Plan a system providing services for advising farmers and other beneficiaries of CAP support on land management and farm management (‘farm advisory services’).

1.   Member States shall include in the CAP Strategic Plan a system providing quality and independent services for advising farmers and other beneficiaries of CAP support on land management and farm management (‘farm advisory services’) which, when appropriate, shall build upon any already existing systems at Member States level . Member States shall allocate an appropriate budget for the funding of those services and a brief description of those services shall be included in the national CAP Strategic Plans .

 

Member States shall allocate at least the minimum share of 30 % of allocation related to this article to advisory services and technical assistance contributing to the objectives referred to in points (d), (e) and (f) of Article 6(1).

2.   The farm advisory services shall cover economic, environmental and social dimensions and deliver up to date technological and scientific information developed by research and innovation. They shall be integrated within the interrelated services of farm advisors, researchers, farmer organisations and other relevant stakeholders that form the Agricultural Knowledge and Innovation Systems (AKIS).

2.   The farm advisory services shall cover economic, environmental and social dimensions and deliver up to date technological and scientific information developed by research and innovation , taking account of traditional farming practices and techniques . They shall be integrated within the interrelated services of farm advisory networks, advisors, researchers, farmer organisations , cooperatives and other relevant stakeholders that form the Agricultural Knowledge and Innovation Systems (AKIS).

3.   Member States shall ensure that the farm advice given is impartial and that advisors have no conflict of interest.

3.   Member States shall ensure that the farm advice given is impartial , adapted to the whole range of means of production and farms and that advisors have no conflict of interest.

 

3a.     Member States shall ensure that farm advisory services are equipped to provide advice on both production and the provision of public goods

4.   The farm advisory services shall cover at least the following:

4.   The farm advisory services established by the Member State shall cover at least the following:

(a)

all requirements, conditions and management commitments applying to farmers and other beneficiaries set in the CAP Strategic Plan, including requirements and standards under conditionality and conditions for support schemes as well as information on financial instruments and business plans established under the CAP Strategic Plan;

(a)

all requirements, conditions and management commitments applying to farmers and other beneficiaries set in the CAP Strategic Plan, including requirements and standards under conditionality , eco-schemes, environmental, climate and other management commitments under Article 65 and conditions for support schemes as well as information on financial instruments and business plans established under the CAP Strategic Plan;

(b)

the requirements as defined by Member States for implementing Directive 2000/60/EC, Directive 92/43/EEC, Directive 2009/147/EC, Directive 2008/50/EC, Directive (EU) 2016/2284, Regulation (EU) 2016/2031, Regulation (EU) 2016/429, Article 55 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (30) and Directive 2009/128/EC;

(b)

the requirements as defined by Member States for implementing Directive 2000/60/EC, Directive 92/43/EEC, Directive 2009/147/EC, Directive 2008/50/EC, Directive (EU) 2016/2284, Regulation (EU) 2016/2031, Regulation (EU) 2016/429, Article 55 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (30) and Directive 2009/128/EC;

(c)

farm practices preventing the development of antimicrobial resistance as set out in the Communication ‘A European One Health Action Plan against Antimicrobial Resistance’ (31);

(c)

farm practices preventing the development of antimicrobial resistance as set out in the Communication ‘A European One Health Action Plan against Antimicrobial Resistance’ (31);

(d)

risk management as referred to in Article 70 ;

(d)

risk prevention and management;

(e)

innovation support in particular for preparing and for implementing Operational Group projects of the European Innovation Partnership for agricultural productivity and sustainability as referred to in Article 114;

(e)

innovation support in particular for preparing and for implementing Operational Group projects of the European Innovation Partnership for agricultural productivity and sustainability as referred to in Article 114;

(f)

development of digital technologies in agriculture and rural areas as referred to in Article 102(b).

(f)

development of digital technologies in agriculture and rural areas as referred to in Article 102(b);

 

(fa)

techniques to optimise the economic performance of production systems, the improvement of competitiveness, market orientation, short supply chains and the promotion of entrepreneurship;

 

(fb)

specific advice for farmers setting up for the first time;

 

(fc)

safety standards and psycho-social care in farming communities;

 

(fd)

the sustainable management of nutrients, including use of the Farm Sustainability Tool for Nutrients;

 

(fe)

improvement of agro ecological and agroforestry practices and techniques on both agricultural and forest lands;

 

(ff)

concentration on producer organisations and other farmer groups;

 

(fg)

assistance to farmers who wish to change production, in particular due to changes in consumer demand, with advice concerning the new skills and equipment required;

 

(fh)

land mobility and succession planning services;

 

(fi)

all agricultural practices which make it possible to reduce the use of fertilisers and plant protection products by promoting natural methods of soil fertility improvement and pest control;

 

(fj)

improving resilience and adapting to climate change; and

 

(fk)

improving animal welfare.

 

4a.     Without prejudice to national law and other relevant provisions of Union law, persons and entities in charge of advisory services shall not disclose to any person other than the advised farmer or beneficiary any personal or business information or data relating to the farmer or beneficiary in question, which has been acquired in the course of their advisory assignment, with the exception of infringements subject to mandatory reporting to public authorities under national or Union law.

 

4b.     Member States shall also ensure by means of appropriate public procedure that advisors working within the farm advisory system are suitably qualified and regularly trained.

Amendment 811

Proposal for a regulation

Title III — Chapter 1 — Section 3 a (new)

Text proposed by the Commission

Amendment

 

Section 3a

Organic farming

Article 13a

Organic Farming

Organic agriculture, as defined under Regulation (EU) 2018/848 of the European Parliament and of the Council, is a certified farming system that can contribute towards multiple CAP specific objectives as laid out in Article 6(1) of this Regulation. In view of the benefits of organic farming, as well as its growing demand which continues to outpace the increase of production, Member States shall assess the level of support needed for agricultural land managed under the organic certification. Member States shall include in their CAP Strategic Plans an analysis of the organic sector’s production, of the expected demand, and of its potential to fulfil CAP objectives, and shall set up objectives to increase the share of agricultural land under organic management as well as to develop the entire organic supply chain. Based on this assessment, Member States shall determine the appropriate level of support towards organic conversion and maintenance through rural development measures in Article 65, and shall ensure that allocated budgets match the expected growth in organic production.

Amendment 160

Proposal for a regulation

Article 14 — paragraph 2 — point d

Text proposed by the Commission

Amendment

(d)

the schemes for the climate and the environment.

(d)

the schemes for the climate, the environment and animal welfare; and

Amendment 161

Proposal for a regulation

Article 14 — paragraph 2 — point d a (new)

Text proposed by the Commission

Amendment

 

(da)

the schemes for boosting competitiveness;

Amendments 163, 733cp2, 765, 897, 1118cp2, 1126cp2 and 1207cp2

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 1 — introductory part

Text proposed by the Commission

Amendment

Before applying paragraph 1, Member States shall subtract from the amount of direct payments to be granted to a farmer pursuant to this Chapter in a given calendar year:

Before applying paragraph 1, Member States may subtract from the amount of direct payments to be granted to a farmer pursuant to this Chapter in a given calendar year:

Amendments 164, 733cp3, 766, 1118cp3, 1126cp3 and 1207cp3

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 1 — point a

Text proposed by the Commission

Amendment

(a)

the salaries linked to an agricultural activity declared by the farmer, including taxes and social contributions related to employment; and

(a)

50 % of the salaries linked to an agricultural activity declared by the farmer, including taxes and social contributions related to employment; and

Amendments 165, 733cp4, 899, 1118cp4, 1126cp4 and 1207cp4

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 1 — point b

Text proposed by the Commission

Amendment

(b)

the equivalent cost of regular and unpaid labour linked to an agricultural activity practiced by persons working on the farm concerned who do not receive a salary, or who receive less remuneration than the amount normally paid for the services rendered, but are rewarded through the economic result of the farm business.

deleted

Amendments 166, 767, 900, 1118cp5 and 1126cp5

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 1 — point b a (new)

Text proposed by the Commission

Amendment

 

(ba)

the direct support referred to in Articles 27 and 28.

Amendments 167, 768, 1118cp6 and 1126cp6

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 2

Text proposed by the Commission

Amendment

To calculate the amounts referred to in points a) and b) , Member States shall use the average standard salaries linked to an agricultural activity at national or regional level multiplied by the number of annual work units declared by the farmer concerned.

To calculate the amounts referred to in point (a) of the first subparagraph , Member States shall use the actual salary costs or the average standard salaries linked to an agricultural and related activity at national or regional level multiplied by the number of annual work units declared by the farmer concerned. Member States may use indicators on standard salary costs associated with various types of farm or reference data on employment generation by farm type.

Amendments 1096 and 1126cp7

Proposal for a regulation

Article 15 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.     The Commission shall collect information on all subsidies received from the CAP first and second pillars and aggregate the total amount that a natural person receives either directly through direct payments or indirectly as beneficial owner of legal persons that are beneficiaries of CAP payments (direct payments and payments from rural development). The Commission shall keep track in real time and stop payments exceeding an aggregated total of:

 

(a)

EUR 500 000 in the first pillar for direct payments;

 

(b)

EUR 1 000 000 for investments under the second pillar; the Commission shall be notified if the cap is exceeded. The Commission evaluates on a case-by-case basis whether in duly justified cases an exception can be granted. The Commission shall develop clearly defined, objective criteria, which shall be published in the form of guidelines to the Member States' authorities without undue delay.

 

Payments to projects benefitting the broad population, which are implemented by regional and local authorities, municipalities or cities, should be excluded from these caps.

 

The Commission shall establish a real-time information and monitoring system through an adaptation and extension of the ARACHNE system or other suitable IT tools. Member States shall be obliged to enter all relevant data (such as the project, payments, legal person, natural person, beneficial owners, etc.) into this system in real-time as a condition for receiving funds from this Regulation. The Commission shall use this real-time information and monitoring system to allow a precise overview of the distribution and fair allocation of the Union funds and to have the possibility to track and aggregate the distributed financial means.

Amendments 168, 733cp7, 769, 1118cp7, 1126cp8 and 1207cp7

Proposal for a regulation

Article 15 — paragraph 3 — subparagraph 1

Text proposed by the Commission

Amendment

The estimated product of the reduction of payments shall primarily be used to contribute to the financing of the complementary redistributive income support for sustainability and thereafter of other interventions belonging to decoupled direct payments.

The estimated product of the reduction of payments shall be prioritised to finance the complementary redistributive income support for sustainability and thereafter of other interventions belonging to decoupled direct payments.

Amendments 169, 733cp8, 770, 1118cp8, 1126cp9 and 1207cp8

Proposal for a regulation

Article 15 — paragraph 3 — subparagraph 2

Text proposed by the Commission

Amendment

Member States may also use all or part of the product to finance types of interventions under the EAFRD as specified in Chapter IV by means of a transfer. Such transfer to the EAFRD shall be part of the CAP Strategic Plan financial tables and may be reviewed in 2023 in accordance with Article 90. It shall not be subject to the maximum limits for the transfers of funds from the EAGF to the EAFRD established under Article 90.

Member States may also use all or part of the product to finance types of interventions under the EAFRD as specified in Chapter IV by means of a transfer. Such transfer to the EAFRD shall be part of the CAP Strategic Plan financial tables and may be reviewed in 2024 in accordance with Article 90.

Amendments 170, 733cp9, 771, 1118cp9, 1126cp10 and 1207cp9

Proposal for a regulation

Article 15 — paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.     In the case of a legal person, or a group of natural or legal persons, Member States may apply the reduction referred to in paragraph 1 at the level of the members of those legal 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.

Amendments 733cp10, 772, 1118cp10 and 1126cp11

Proposal for a regulation

Article 15 — paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b.     Where a Member State grants complementary redistributive income support to farmers under Article 26 and to that end uses at least 12 % of its allocation for direct payments laid down in Annex IV, it may decide to waive the application of this Article.

Amendments 172, 773, 903, 1118cp11 and 1126cp12

Proposal for a regulation

Article 15 — paragraph 3 c (new)

Text proposed by the Commission

Amendment

 

3c.     No advantage consisting of avoiding reductions of the payment shall be granted in favour of farmers in respect of whom it is established that they artificially created the conditions to avoid the effects of this Article.

Amendments 173, 775, 1118cp12 and 1126cp13

Proposal for a regulation

Article 15 — paragraph 4

Text proposed by the Commission

Amendment

4.     The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with rules establishing a harmonised basis for calculation for the reduction of payments laid down in paragraph 1 to ensure a correct distribution of the funds to the entitled beneficiaries.

deleted

Amendments 174, 1208 and 1213cp1

Proposal for a regulation

Article 16 — paragraph 1

Text proposed by the Commission

Amendment

1.   Member States shall grant decoupled direct payments under the conditions set out in this Section and as further specified in their CAP Strategic Plans.

1.   Member States shall grant decoupled direct payments to active farmers under the conditions set out in this Section and as further specified in their CAP Strategic Plans.

Amendment 175

Proposal for a regulation

Article 16 — paragraph 2 — subparagraph 1

Text proposed by the Commission

Amendment

Member States shall set an area threshold and only grant decoupled direct payments to genuine farmers whose eligible area of the holding for which decoupled direct payments are claimed goes beyond this area threshold .

Member States shall set an area threshold and/or a minimum limit for direct payments and only grant direct payments to active farmers whose direct payment areas and/or volumes equal or exceed those thresholds .

Amendment 176

Proposal for a regulation

Article 16 — paragraph 2 — subparagraph 2 — introductory part

Text proposed by the Commission

Amendment

When setting the area threshold, Member States shall aim at ensuring that decoupled direct payments may only be granted to genuine farmers if:

When setting the area threshold or minimum limit for payments , Member States shall aim at ensuring that direct payments may only be granted to active farmers if:

Amendment 177

Proposal for a regulation

Article 16 — paragraph 2 — subparagraph 2 — point a

Text proposed by the Commission

Amendment

(a)

the management of the corresponding payments does not cause excessive administrative burden, and

(a)

the management of the corresponding payments equalling or exceeding those thresholds does not cause excessive administrative burden, and

Amendment 178

Proposal for a regulation

Article 16 — paragraph 2 — subparagraph 2 — point b

Text proposed by the Commission

Amendment

(b)

the corresponding amounts make an effective contribution to the objectives set out in Article 6(1) to which decoupled direct payments contribute.

(b)

the amounts received above the threshold established make an effective contribution to the objectives set out in Article 6(1) to which decoupled direct payments contribute.

Amendment 179

Proposal for a regulation

Article 16 — paragraph 3

Text proposed by the Commission

Amendment

3.   The Member States concerned may decide not to apply paragraph 1 to the outermost regions and to the smaller Aegean Islands.

3.   The Member States concerned may decide not to apply this Article to the outermost regions and to the smaller Aegean Islands and to the Balearic Islands archipelago .

Amendment 180

Proposal for a regulation

Article 17 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.     In specific situations where, owing to the nature of the farming system, farmers do not have land but have been granted aid in the form of the basic payment at the entry into force of this regulation, basic income support shall be an amount per holding.

Amendment 181

Proposal for a regulation

Article 17 — paragraph 3

Text proposed by the Commission

Amendment

3.   Without prejudice to Articles 19 to 24, the basic income support shall be granted for each eligible hectare declared by a  genuine farmer.

3.   Without prejudice to Articles 19 to 24, the basic income support shall be granted for each eligible hectare declared by a n active farmer.

Amendment 1119

Proposal for a regulation

Article 18 — paragraphs 2 and 2 a (new)

Text proposed by the Commission

Amendment

2.   Member States may decide to differentiate the amount of the basic income support per hectare amongst different groups of territories faced with similar socio-economic or agronomic conditions .

2.   Member States may decide to differentiate the amount per hectare of the basic income support according to different groups of areas in accordance with socio-economic, environmental or agronomic conditions. Member States may decide to increase the amounts for regions with natural or area-specific handicaps, and depopulated areas as well as for the support for permanent grassland. As far as traditional extensive alpine pastures as defined by Member States are concerned, the amount of the basic income support per hectare may be reduced, independent from the farm income situation .

 

2a.     Member States may lay down mechanisms that restrict the number of national eligible hectares that can benefit from support, on the basis of a reference period decided by the Member State.

Amendment 184

Proposal for a regulation

Article 19 — paragraph 2

Text proposed by the Commission

Amendment

2.   Where Member States having applied the basic payment scheme as laid down in Section 1 of Chapter I of Title III of Regulation (EU) No 1307/2013 decide not to grant the basic income support based on payment entitlements, the payment entitlements allocated under Regulation (EU) No 1307/2013 shall expire on 31 December 2020 .

2.   Where Member States having applied the basic payment scheme as laid down in Section 1 of Chapter I of Title III of Regulation (EU) No 1307/2013 decide not to grant the basic income support based on payment entitlements, the payment entitlements allocated under Regulation (EU) No 1307/2013 shall expire on 31 December 2022 . Member States which have already completed the internal adjustment process of the payment entitlements may decide to waive the payment entitlements earlier.

Amendment 1120

Proposal for a regulation

Article 20

Text proposed by the Commission

Amendment

Article 20

Article 20

Value of payment entitlements and convergence

Value of payment entitlements and convergence

1.   Member States shall determine the unit value of payment entitlements before convergence in accordance with this Article by adjusting the value of payment entitlements proportionally to their value as established in accordance with Regulation (EU) No 1307/2013 for claim year 2020 and the related payment for agricultural practices beneficial for the climate and environment provided for in Chapter III of Title III of that Regulation for claim year 2020 .

1.   Member States shall determine the unit value of payment entitlements before convergence in accordance with this Article by adjusting the value of payment entitlements proportionally to their value as established in accordance with Regulation (EU) No 1307/2013 for claim year 2023 and the related payment for agricultural practices beneficial for the climate and environment provided for in Chapter III of Title III of that Regulation for claim year 2023 .

2.   Member States may decide to differentiate the value of payment entitlements in accordance with Article 18(2).

2.   Member States may decide to differentiate the value of payment entitlements in accordance with Article 18(2).

3.   Member States shall, by claim year 2026 at the latest, set a maximum level for the value of payment entitlements for the Member State or for each group of territories defined in accordance with Article 18(2).

3.   Member States shall, by claim year 2026 at the latest, set a maximum level for the value of payment entitlements for the Member State or for each group of territories defined in accordance with Article 18(2).

4.   Where the value of payment entitlements as determined in accordance with paragraph 1 is not uniform within a Member State or within a group of territories as defined in accordance with Article 18(2), Member States shall ensure a convergence of the value of payment entitlements towards a uniform unit value by claim year 2026 at the latest.

4.   Where the value of payment entitlements as determined in accordance with paragraph 1 is not uniform within a Member State or within a group of territories as defined in accordance with Article 18(2), Member States shall ensure a  full convergence of the value of payment entitlements towards a uniform unit value by claim year 2026 at the latest.

5.   For the purposes of paragraph 4, Member States shall ensure that, for claim year 2026 at the latest, all payment entitlements have a value of at least 75 % of the average planned unit amount for the basic income support for claim year 2026 as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2).

5.   For the purposes of paragraph 4, Member States shall ensure that, for claim year 2024 at the latest, all payment entitlements have a value of at least 75 % of the average planned unit amount for the basic income support for claim year 2024 as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2).

 

5a.     For the purposes of paragraph 4, Member States shall ensure that, for the last claim year of the programming period at the latest, all payment entitlements have a value of 100 % of the average planned unit amount for the basic income support for claim year 2026 as laid down in the CAP Strategic Plan transmitted in accordance with Article 106(1) for the Member State or for the territories as defined in accordance with Article 18(2).

6.   Member States shall finance the increases in the value of payment entitlements needed to comply with paragraphs 4 and 5 by using any possible product resulting from the application of paragraph 3, and, where necessary, by reducing the difference between the unit value of payment entitlements determined in accordance with paragraph 1 and the average planned unit amount for the basic income support for claim year 2026 as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2).

6.   Member States shall finance the increases in the value of payment entitlements needed to comply with paragraphs 4 and 5 by using any possible product resulting from the application of paragraph 3, and, where necessary, by reducing the difference between the unit value of payment entitlements determined in accordance with paragraph 1 and the average planned unit amount for the basic income support for claim year 2026 as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2).

Member States may decide to apply the reduction to all or part of the payment entitlements with a value determined in accordance with paragraph 1 exceeding the average planned unit amount for the basic income support for claim year 2026, as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2).

Member States may decide to apply the reduction to all or part of the payment entitlements with a value determined in accordance with paragraph 1 exceeding the average planned unit amount for the basic income support for claim year 2026, as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2).

7.   The reductions referred to in paragraph 6 shall be based on objective and non-discriminatory criteria. Without prejudice to the minimum set in accordance with paragraph 5, such criteria may include the fixing of a maximum decrease that may not be lower than 30 %.

7.   The reductions referred to in paragraph 6 shall be based on objective and non-discriminatory criteria. Without prejudice to the minimum set in accordance with paragraph 5, such criteria may include the fixing of a maximum decrease that may not be lower than 30 % per year .

Amendment 190

Proposal for a regulation

Article 21 — paragraph 1

Text proposed by the Commission

Amendment

1.   Member States shall grant genuine farmers holding owned or leased-in payment entitlements basic income support upon activation of those payment entitlements. Member States shall ensure that for the purpose of the activation of payment entitlements genuine farmers declare the eligible hectares accompanying any payment entitlement.

1.   Member States shall grant farmers holding owned or leased-in payment entitlements basic income support upon activation of those payment entitlements. Member States shall ensure that for the purpose of the activation of payment entitlements active farmers declare the eligible hectares accompanying any payment entitlement.

Amendment 191

Proposal for a regulation

Article 22 — paragraph 1

Text proposed by the Commission

Amendment

1.   Each Member State deciding to grant the basic income support based on payment entitlements shall manage a national reserve.

1.   Each Member State deciding to grant the basic income support based on payment entitlements shall set up a national reserve , equivalent to a maximum of 3 % of the allocations laid down in Annex VII .

Amendment 192

Proposal for a regulation

Article 22 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.     Member States may exceed the percentage referred to in paragraph 1 where that is necessary to cover allocation requirements pursuant to points (a) and (b) of paragraph 4 and of paragraph 5.

Amendment 193

Proposal for a regulation

Article 22 — paragraph 3

Text proposed by the Commission

Amendment

3.   Member States shall ensure that payment entitlements from the reserve be only allocated to genuine farmers.

3.   Member States shall ensure that payment entitlements from the reserve be only allocated to active farmers.

Amendment 194

Proposal for a regulation

Article 22 — paragraph 4 — point a

Text proposed by the Commission

Amendment

(a)

young farmers who have newly set up a holding for the first time;

(a)

young farmers who have newly set up a holding for the first time; or

Amendment 195

Proposal for a regulation

Article 22 — paragraph 4 — point b

Text proposed by the Commission

Amendment

(b)

farmers who have newly set up a holding for the first time, as head of the holding and with appropriate training or acquired necessary skills as defined by the Member States for young farmers.

(b)

farmers who have newly set up a holding for the first time, as head of the holding and with appropriate training or acquired necessary skills and knowledge;

Amendment 196

Proposal for a regulation

Article 22 — paragraph 4 — point b a (new)

Text proposed by the Commission

Amendment

 

(ba)

In the case of points (a) and (b) of the first subparagraph of this paragraph, Member States may give priority to women with a view to helping to meet the objective referred to in point (h) of Article 6(1).

Amendment 197

Proposal for a regulation

Article 22 — paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a.     Member States may also identify, through objective and non-discriminatory criteria, other cases which, according to the needs assessment described in Article 96, are more vulnerable or more relevant to achieve the specific objectives set out in Article 6, as well as farmers who are newly making use of collectively managed areas.

Amendment 198

Proposal for a regulation

Article 22 — paragraph 5

Text proposed by the Commission

Amendment

5.   Member States shall allocate payment entitlements to, or increase the value of the existing payment entitlements of genuine farmers who are entitled by virtue of a definitive court ruling or by virtue of a definitive administrative act of the competent authority of a Member State. Member States shall ensure that those genuine farmers receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the Member State.

5.   Member States shall allocate payment entitlements to, or increase the value of the existing payment entitlements of active farmers who are entitled by virtue of a definitive court ruling or by virtue of a definitive administrative act of the competent authority of a Member State. Member States shall ensure that those active farmers receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the Member State.

Amendment 199

Proposal for a regulation

Article 22 — paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a.     Member States may use the national reserve to increase basic support for income across the board or with a view to meeting specific objectives laid down in Article 6(1), on the basis of non-discriminatory criteria, provided that sufficient amounts remain available for the allocations laid down in paragraphs 4 and 5 of this Article.

Amendment 200

Proposal for a regulation

Article 23

Text proposed by the Commission

Amendment

Article 23

deleted

Delegated powers

 

The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with rules on:

 

(a)

the establishment of the reserve;

 

(b)

on access to the reserve;

 

(c)

the content of the declaration and the requirements for the activation of payment entitlements.

 

Amendment 201

Proposal for a regulation

Article 24 — paragraph 1

Text proposed by the Commission

Amendment

1.   Except in the case of transfer by actual or anticipated inheritance, payment entitlements shall be transferred only to a  genuine farmer.

1.   Except in the case of transfer by actual or anticipated inheritance, payment entitlements shall be transferred only to a  active farmer.

Amendment 202

Proposal for a regulation

Article 24 — paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.     Payment entitlements may not be given a market value.

Amendment 203

Proposal for a regulation

Article 25 — title

Text proposed by the Commission

Amendment

Round sum payment for small farmers

Simplified scheme for small farmers

Amendment 204

Proposal for a regulation

Article 25 — paragraph 1

Text proposed by the Commission

Amendment

Member States may grant payments to small farmers as defined by Member States by way of a round sum, replacing direct payments under this Section and Section 3 of this Chapter. Member States shall design the corresponding intervention in the CAP Strategic Plan as optional for the farmers.

Member States shall introduce a simplified scheme for small farmers requesting support in respect of an amount of up to EUR 1 250 . That scheme may consist of a lump sum, replacing direct payments under this Section and Section 3 of this Chapter , or a per-hectare payment, which may be different for different territories, defined in accordance with Article 18(2) . Member States shall design the corresponding intervention in the CAP Strategic Plan as optional for the farmers.

Amendment 205

Proposal for a regulation

Article 25 — paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.     Farmers wishing to participate in the simplified scheme shall submit an application no later than a date to be set by the Member State, without prejudice to the Member States being able to automatically include the farmers fulfilling the conditions and offering them the possibility of withdrawing from it by a specific deadline.

Amendment 206

Proposal for a regulation

Article 25 — paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b.     For farmers participating in the simplified scheme, Member States may apply simplified conditionality checks, as laid down in Article 84 of Regulation (EU) [HzR].

Amendment 207

Proposal for a regulation

Article 25 — paragraph 1 c (new)

Text proposed by the Commission

Amendment

 

1c.     Member States may establish rules and services for reducing administrative costs, supporting small farmers to cooperate.

Amendment 208

Proposal for a regulation

Article 25 — paragraph 1 d (new)

Text proposed by the Commission

Amendment

 

1d.     Member States shall ensure that no advantage provided for in this Article shall be granted to farmers if it is established that they artificially created, after 1 June 2018, the conditions for receiving payments to small farmers.

Amendment 209

Proposal for a regulation

Article 26 — paragraph 2

Text proposed by the Commission

Amendment

2.   Member States shall ensure redistribution of support from bigger to smaller or medium-sized farms by providing for a redistributive income support in the form of an annual decoupled payment per eligible hectare to farmers who are entitled to a payment under the basic income support referred to in Article 17.

2.   Member States shall ensure a fair redistribution of support from bigger to smaller or medium-sized farms by providing for a redistributive income support in the form of an annual decoupled payment per eligible hectare to farmers who are entitled to a payment under the basic income support referred to in Article 17.

Amendment 210

Proposal for a regulation

Article 26 — paragraph 3

Text proposed by the Commission

Amendment

3.   Member States shall establish an amount per hectare or different amounts for different ranges of hectares , as well as the maximum number of hectares per farmer for which the redistributive income support shall be paid .

3.   Member States shall establish a payment equivalent to an amount per hectare or different amounts for different ranges of hectares . They may differentiate those amounts in accordance with the territories defined pursuant to Article 18(2) .

Amendments 1158cp3 and 211

Proposal for a regulation

Article 26 — paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.     The amount of the redistributive payment per hectare shall not be higher than 65 % of the basic income support for sustainability, in accordance with the national or territory average, multiplied by the number of eligible hectares.

Amendment 212

Proposal for a regulation

Article 26 — paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b.     The number of eligible hectares per farmer shall not be greater than the national average size of holdings, or the average size in accordance with the territories defined pursuant to Article 18(2). Member States shall grant access to that payment starting from the first eligible hectare of the holding.

Amendment 213

Proposal for a regulation

Article 26 — paragraph 3 c (new)

Text proposed by the Commission

Amendment

 

3c.     Member States shall identify non-discriminatory criteria, with the objective laid down in point (a) of Article 6(1), for calculating the amount to be granted for complementary redistribution of income for sustainability in the context of the CAP Strategic Plans, and shall also set a financial ceiling above which farms shall not be entitled to the redistributive payment. Member States shall take into consideration the average level of farms' income at national or regional level. In the distribution criteria, they shall also take into consideration the natural and specific constraints faced by some regions, including island regions, in the development of their agricultural activity.

Amendment 214

Proposal for a regulation

Article 26 — paragraph 4

Text proposed by the Commission

Amendment

4.     The amount per hectare planned for a given claim year shall not exceed the national average amount of direct payments per hectare for that claim year.

deleted

Amendment 215

Proposal for a regulation

Article 26 — paragraph 5

Text proposed by the Commission

Amendment

5.     The national average amount of direct payments per hectare is defined as the ratio of the national ceiling for direct payments for a given claim year as laid down in Annex IV and the total planned outputs for the basic income support for that claim year, expressed in number of hectares.

deleted

Amendment 216

Proposal for a regulation

Article 26 — paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a.     For a legal person, or a group of natural or legal persons, Member States may apply the maximum number of hectares referred to in paragraph 3 at the level of the members of those legal 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 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.

Amendments 217, 743, 1158cp5 and 1219

Proposal for a regulation

Article 26 — paragraph 5 b (new)

Text proposed by the Commission

Amendment

 

5b.     Member States shall ensure that no advantage provided for under this Chapter is granted to farmers in respect of whom it is established that they divided their holding with the sole purpose of benefiting from the redistributive payment. This shall also apply to farmers whose holdings result from that division.

Amendments 218 and 1161cp1

Proposal for a regulation

Article 27 — paragraph 1

Text proposed by the Commission

Amendment

1.   Member States may provide for complementary income support for young farmers under the conditions set out in this Article and as further specified in their CAP Strategic Plans.

1.   Member States may provide for complementary income support for young farmers defined in accordance with the criteria laid down in point (d) of Article 4(1), under the conditions set out in this Article and as further specified in their CAP Strategic Plans.

Amendment 1159

Proposal for a regulation

Article 27 — paragraph 2

Text proposed by the Commission

Amendment

2.   As part of their obligations to contribute to the specific objective ‘ attract young farmers and facilitate business development in rural areas’ set out in point (g) of Article 6(1) and to dedicate at least 2 % of their allocations for direct payments to this objective in accordance with Article 86(4), Member States may provide a complementary income support for young farmers who have newly set up for the first time and who are entitled to a payment under the basic income support as referred to in Article 17.

2.   As part of their obligations to attract young farmers in line with the objective set out in point (g) of Article 6(1)and to dedicate at least 4 % of their allocations for direct payments to this objective in accordance with Article 86(4), Member States may provide a complementary income support for young farmers who have newly set up for the first time as head of the holding and who are entitled to a payment under the basic income support as referred to in Article 17.

Amendment 1161cp3

Proposal for a regulation

Article 27 — paragraph 3

Text proposed by the Commission

Amendment

3.   The complementary income support for young farmers shall take the form of an annual decoupled payment per eligible hectare.

3.   The complementary income support for young farmers shall be granted for a maximum period of seven years, starting from the submission of the application for the payment for young farmers, and shall take the form either of a lump-sum payment per active farmer or of an annual decoupled payment per eligible hectare. In that case it may be calculated at the national level or on the basis of the territories defined in accordance with Article 18(2).

Amendment 221

Proposal for a regulation

Article 27 — paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.     Young farmers who have received in the final year of application of Regulation (EU) No 1307/2013 the support provided for in Article 50 of that Regulation may receive the support provided for in this Article for the maximum total period referred to in paragraph 3 of this Article.

Amendment 222

Proposal for a regulation

Article 27 — paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b.     The payment shall be granted for a number of hectares not exceeding average size of the farms at national level or according to the territories defined in Article 18(2).

Amendment 223

Proposal for a regulation

Article 27 — paragraph 3 c (new)

Text proposed by the Commission

Amendment

 

3c.     Member States may lay down specific provisions relating to young farmers belonging to groups of farmers, producer organisations or cooperatives with the aim of ensuring they do not lose support pursuant to this Article when joining such entities.

Amendment 1160

Proposal for a regulation

Article 27 — paragraph 3 d (new)

Text proposed by the Commission

Amendment

 

3d.     In the case of a legal person, or a group of natural or legal persons, Member States may apply the support to young farmers at the level of the members of those legal 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.

Amendment 1130

Proposal for a regulation

Article 28

Text proposed by the Commission

Amendment

Article 28

Article 28

Schemes for the climate and the environment

Schemes for the climate, environment and animal welfare

1.   Member States shall provide support for voluntary schemes for the climate and the environment (‘eco-schemes’) under the conditions set out in this Article and as further specified in their CAP Strategic Plans.

1.   Member States shall establish and provide support for voluntary schemes for the climate environment and animal welfare (‘eco-schemes’) under the conditions set out in this Article and as further specified in their CAP Strategic Plans. Eco-schemes in one area of action shall be consistent with the objectives in another area of action.

 

Member States shall offer a broad variety of eco-schemes in order to ensure that farmers are able to participate and to reward different ambition levels. Member States shall arrange different schemes to provide co-benefits, promote synergies and emphasise an integrated approach. To facilitate coherence and effective rewarding Member States shall establish point or rating systems.

2.   Member States shall support under this type of intervention genuine farmers who make commitments to observe, on eligible hectares, agricultural practices beneficial for the climate and the environment.

2.   Member States shall support under this type of intervention active farmers or groups of farmers who make commitments to preserve and deliver beneficial practices and convert to agricultural practices and techniques and certified schemes that make a stronger contribution for the climate, the environment and animal welfare, which are established in accordance with Article 28a and included in the lists referred to in Article 28b and are tailored to address specific national or regional needs .

3.    Member States shall establish the list of agricultural practices beneficial for the climate and the environment .

3.    Support for eco-schemes shall take the form of an annual payment per eligible hectare and/or a per holding payment, and it shall be granted as incentive payments going beyond compensation of additional costs incurred and income foregone, which may consist of a lump sum. The level of payments shall vary according to the ambition level of each eco schemes, based on non-discriminatory criteria .

4.     Those practices shall be designed to meet one or more of the specific environmental- and climate-related objectives laid down in points (d), (e) and (f) of Article 6(1).

 

5.     Under this type of interventions, Member States shall only provide payments covering commitments which:

 

(a)

go beyond the relevant statutory management requirements and standards of good agricultural and environmental condition established under Section 2 of Chapter I of this Title;

 

(b)

go beyond the minimum requirements for the use of fertilisers and plant protection products, animal welfare, as well as other mandatory requirements established by national and Union law;

 

(c)

go beyond the conditions established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1);

 

(d)

are different from commitments in respect of which payments are granted under Article 65.

 

6.     Support for eco-schemes shall take the form of an annual payment per eligible hectare and it shall be granted as either:

 

(a)

payments additional to the basic income support as set out in Subsection 2 of this Section; or

 

(b)

payments compensating beneficiaries for all or part of the additional costs incurred and income foregone as a result of the commitments as set pursuant to Article 65.

 

7.     Member States shall ensure that interventions under this Article are consistent with those granted under Article 65.

 

8.     The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with further rules on the eco-schemes.

 

Amendment 238

Proposal for a regulation

Article 28 a (new)

Text proposed by the Commission

Amendment

 

Article 28a

 

Schemes for boosting competitiveness

 

1.     Member States shall provide support for voluntary schemes for boosting competitiveness (‘boost-schemes’) under the conditions set out in this Article and as further specified in their CAP Strategic Plans

 

2.     Member States shall support under this type of intervention active farmers who make commitments to expenditure beneficial for boosting agricultural competitiveness of the farmer.

 

3.     Member States shall establish an eligible list of categories of expenditure beneficial for boosting competitiveness of the farmer.

 

4.     Those practices shall be designed to meet one or more of the specific economic objectives laid down in points (a), (b) and (c) of Article 6(1) and contributes to the cross-cutting objective as set out in Article 5.

 

5.     Under this type of interventions, Member States shall only provide payments covering commitments which do not result in double funding in respect of this Regulation

 

6.     Support for boost-schemes shall take the form of annual payment and it shall be granted as either:

 

(a)

payments based on eligible hectares additional to the basic income support as set out in Subsection 2 of this Section; or

 

(b)

payments compensating beneficiaries for all or part of the costs incurred; or

 

(c)

based on output relevant for this type of intervention

 

7.     Member States shall ensure that interventions under this Article are consistent with those granted under Articles 27, 28, 65, 68, 69, 70, 71 and 72.

 

8.     The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with further rules on the boost-schemes.

Amendment 1131

Proposal for a regulation

Article 28 b (new)

Text proposed by the Commission

Amendment

 

Article 28b

 

Practices eligible for schemes for the climate, environment and animal welfare

 

1.     The agricultural practices covered by this type of intervention shall contribute to the achievement of one or more of the specific objectives set out in points (d), (e), (f) and (i) of Article 6(1), while maintaining and enhancing the economic performance of farmers in accordance with the specific objectives set out in points (a) and (b) of Article 6(1).

 

2.     The agricultural practices referred to in paragraph 1 of this Article shall cover at least two of the following areas of actions for the climate and the environment:

 

(a)

actions on climate change including reduction of greenhouse gas emissions from agriculture as well as maintenance and/ or enhancement of carbon sequestration;

 

(b)

actions to reduce emissions other than Greenhouse Gases;

 

(c)

protection or improvement of water quality in agricultural areas and reduction of pressure on water resources;

 

(d)

action to reduce soil erosion, improvement of soil fertility and improvement of nutrient management as well as maintaining and re-establishing soil biota;

 

(e)

protection of biodiversity, conservation or restoration of habitats and species, pollinator protection and management of landscape features, including establishment of new landscape features;

 

(f)

actions for a sustainable and reduced use of pesticides, particularly pesticides that present a risk to human health or biodiversity;

 

(g)

allocation of areas to non-productive features or to zones where no pesticides and fertilisers are used;

 

(h)

actions to enhance animal welfare and address antimicrobial resistance;

 

(i)

actions to reduce inputs and improve sustainable management of natural resources, such as precision farming;

 

(j)

actions to improve animal and plant diversity for stronger resistance to disease and in climate change.

 

3.     The agricultural practices referred to in paragraph 1 of this Article shall:

 

(a)

go beyond the relevant statutory management requirements and standards of good agricultural and environmental condition established under Section 2 of Chapter I of this Title;

 

(b)

go beyond the minimum requirements for animal welfare and the use of fertilisers and plant protection products as well as other mandatory requirements established by Union law;

 

(c)

go beyond the conditions established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1);

 

(d)

be different from, or complementary to, commitments in respect of which payments are granted under Article 65.

 

4.     The Commission shall, by … [two months after the date of entry into force of this Regulation], adopt delegated acts in accordance with Article 138, supplementing this Regulation by establishing an indicative and non-exhaustive list of examples of types of practices complying with paragraphs 1, 2 and 3 of this Article.

Amendment 1132

Proposal for a regulation

Article 28 c (new)

Text proposed by the Commission

Amendment

 

Article 28c

 

National lists of practices eligible for schemes for the climate, environment and animal welfare

 

Member States shall establish, in cooperation with national, regional and local stakeholders, the national lists of practices eligible for the schemes for the climate, environment and animal welfare referred to in Article 28, with the possibility to draw from the examples in the indicative and non-exhaustive list referred to Article 28b or establishing further practices that comply with the conditions in Article 28b, and taking into account their specific national or regional needs in accordance with Article 96.

 

The national lists shall consist of multiple types of measures other than those covered under Article 65, or of measures of the same nature but with a different level of ambition in accordance with Article 28.

 

Member States shall, at least, include in those lists eco-schemes to set up the use of a farm tool for the sustainable management of nutrients, and, where applicable, appropriate maintenance of wetland and peatland.

 

Areas designated pursuant to Directives 92/43/EEC or 2009/147/EC where equivalent actions are being carried out shall automatically be regarded as eligible for the scheme.

 

The national lists shall be approved by the Commission in accordance with the procedure set out in Articles 106 and 107.

 

The Commission shall provide the necessary guidance to the Member States when devising the national lists, in coordination with the European and national Common Agricultural Policy Networks provided for in Article 113, to facilitate the exchange of best practices and to improve the knowledge base and find solutions.

 

When assessing the national lists, the Commission shall in particular take into account the design, the likely effectiveness, uptake, existence of alternatives and contribution of the schemes to the specific objectives referred to in Article 28a.

 

The Commission shall assess the national lists every two years. The assessments shall be made publicly available and, in the event of inadequacy or negative assessments, the Member States shall propose amended national lists and schemes in accordance with the procedure set out in Articles 106 and 107.

Amendment 239

Proposal for a regulation

Article 29 — paragraph 1

Text proposed by the Commission

Amendment

1.   Member States may grant coupled income support to genuine farmers under the conditions set out in this Subsection and as further specified in their CAP Strategic Plans.

1.   Member States may grant coupled income support to active farmers under the conditions set out in this Subsection and as further specified in their CAP Strategic Plans.

Amendments 240 and 1162

Proposal for a regulation

Article 29 — paragraph 2

Text proposed by the Commission

Amendment

2.   The Member States’ interventions shall help the supported sectors and productions or specific types of farming therein listed in Article 30 addressing the difficulty or difficulties they undergo by improving their competitiveness, their sustainability or their quality.

2.   The Member States’ interventions shall help the supported sectors and productions or specific types of farming therein listed in Article 30 addressing the difficulty or difficulties they undergo by improving their competitiveness, their structuring, their sustainability or their quality. By way of derogation from the previous sentence, Member States may support protein crops and legumes, as listed in Article 30, to improve their competitiveness, sustainability or quality. In addition, these interventions must be consistent with relevant specific objectives set out in Articles 6(1).

Amendment 241

Proposal for a regulation

Article 29 — paragraph 3

Text proposed by the Commission

Amendment

3.   Coupled income support shall take the form of an annual payment per hectare or animal .

3.   Coupled support is a production-limiting scheme that shall take the form of an annual payment based on fixed areas and yields or on a fixed number of animals and shall respect financial ceilings to be determined by Member States for each measure and notified to the Commission .

Amendment 242

Proposal for a regulation

Article 29 — paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.     Member States may decide to target or increase the coupled aid according to the beneficiary's commitment to improve its competitiveness, quality or the structuring of the sector.

Amendment 1163

Proposal for a regulation

Article 29 — paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b.