<Date>{11/05/2020}11.5.2020</Date>
<NoDocSe>A9-0101/2020</NoDocSe>
PDF 491kWORD 211k

<TitreType>REPORT</TitreType>     <RefProcLect>***I</RefProcLect>

<Titre>on the proposal for a regulation of the European Parliament and of the Council laying down certain transitional provisions for the support by the European Agricultural Fund for Rural Development (EAFRD) and by the European Agricultural Guarantee Fund (EAGF) in the year 2021 and amending Regulations (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1308/2013 as regards resources and their distribution in respect of the year 2021 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards their resources and application in the year 2021</Titre>

<DocRef>(COM(2019)0581 – C9‑0162/2019 – 2019/0254(COD))</DocRef>


<Commission>{AGRI}Committee on Agriculture and Rural Development</Commission>

Rapporteur: <Depute>Elsi Katainen</Depute>

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 LETTER FROM THE COMMITTEE ON BUDGETS
 OPINION OF THE COMMITTEE ON REGIONAL DEVELOPMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council laying down certain transitional provisions for the support by the European Agricultural Fund for Rural Development (EAFRD) and by the European Agricultural Guarantee Fund (EAGF) in the year 2021 and amending Regulations (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1308/2013 as regards resources and their distribution in respect of the year 2021 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards their resources and application in the year 2021

(COM(2019)0581 – C9‑0162/2019 – 2019/0254(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2019)0581),

 having regard to Article 294(2) and Article 43(2) and Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0162/2019),

 having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 having regard to the opinion of the European Economic and Social Committee of …[1],

 having regard to the opinion of the Committee of the Regions of ... [2],

 having regard to the opinion of the Court of Auditors of 26 February 2020[3],

 having regard to Rule 59 of its Rules of Procedure,

 having regard to the opinion of the Committee on Regional Development,

 having regard to the letter from the Committee on Budgets,

 having regard to the report of the Committee on Agriculture and Rural Development (A9-0101/2020),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

<RepeatBlock-Amend>

<Amend>Amendment  <NumAm>1</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 2</Article>

 

Text proposed by the Commission

Amendment

(2) The Commission proposed to link the CAP to the delivery of performance (‘delivery model’). Under the new legal framework, the Union is to set the basic policy parameters, such as objectives of the CAP and basic requirements, while Member States are to bear greater responsibility as to how they meet the objectives and achieve targets. Accordingly, Member States are to draw up CAP Strategic Plans, which are to be approved by the Commission and implemented by Member States.

(2) The Commission proposed to link the CAP to the delivery of performance (‘delivery model’). Under the new legal framework, the Union is to set the policy parameters, such as objectives of the CAP and basic requirements. A strong Union framework is essential to ensuring that the CAP remains a common policy and to ensure a level playing field. Member States are also to have a greater responsibility as regards how they meet the objectives and achieve targets. Accordingly, Member States are to draw up CAP Strategic Plans, based on an ex-ante analysis and an assessment of needs, which are to be approved by the Commission and implemented by Member States.

</Amend>

<Amend>Amendment  <NumAm>2</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 2 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(2a) With a view to the next reform of the CAP, and taking into account the new ambitions set out in the Commission’s Communication of 11 December 2019 on the European Green Deal (“the European Green Deal”), Member States should further promote agro-environmental and climate-related measures in force and any other tool that can help farmers in their efforts towards an ecological transition.

</Amend>

<Amend>Amendment  <NumAm>3</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 2 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(2b) In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement1a, the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

 

__________________

 

1a P8_TA(2018)0449.

</Amend>

<Amend>Amendment  <NumAm>4</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 3</Article>

 

Text proposed by the Commission

Amendment

(3) The legislative procedure was not concluded in time to allow Member States and the Commission to prepare all elements necessary to apply the new legal framework and the CAP Strategic Plans as of 1 January 2021, as initially proposed by the Commission.

(3) The legislative procedure was not concluded in time to allow Member States and the Commission to prepare all elements necessary to apply the new legal framework and the CAP Strategic Plans as of 1 January 2021, as initially proposed by the Commission. That delay creates uncertainty and risks for farmers and the entire agriculture sector. In order to alleviate that uncertainty, this Regulation should provide for the continued application of the current rules and uninterrupted payments to the farmers and other beneficiaries, and thus provide predictability and stability during the transitional period until the date of application of the new legal framework (“transitional period”).

</Amend>

<Amend>Amendment  <NumAm>5</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 3 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(3a) The continuity and predictability of the support to farmers through the CAP is essential for the stability of the agricultural sector, as well as for maintaining the vitality of rural areas and regions, and is contributing to environmental sustainability.

</Amend>

<Amend>Amendment  <NumAm>6</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 4</Article>

 

Text proposed by the Commission

Amendment

(4) Therefore, in order to ensure that support can be granted to farmers and other beneficiaries from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) in 2021, the Union should continue to grant such support for one more year under the conditions of the existing legal framework, which covers the period 2014 to 2020. The existing legal framework is laid down in particular in Regulations (EU) No 1303/20137 , (EU) No 1305/20138 , (EU) No 1306/20139 , (EU) No 1307/201310 , (EU) No 1308/201311 , (EU) No 228/201312 and (EU) No 229/201313 of the European Parliament and of the Council. In addition, to facilitate the transition from existing support schemes to the new legal framework which covers the period starting on 1 January 2022, rules should be laid down to regulate how certain support granted on a multiannual basis will be integrated into the new legal framework.

(4) Therefore, in order to ensure that support can be granted to farmers and other beneficiaries from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) in 2021 and, where applicable, in 2022, the Union should continue to grant such support for one or, where applicable, two more years under the conditions of the existing legal framework, which covers the period 2014 to 2020. Member States should ensure the uninterrupted continuation of that support to farmers and other beneficiaries during the transitional period. The existing legal framework is laid down in particular in Regulations (EU) No 1303/20137, (EU) No 1305/20138, (EU) No 1306/20139, (EU) No 1307/201310, (EU) No 1308/201311, (EU) No 228/201312 and (EU) No 229/201313 of the European Parliament and of the Council. In addition, to facilitate the transition from existing support schemes to the new legal framework which was planned to cover the period starting on 1 January 2022, rules should be laid down to regulate how certain support granted on a multiannual basis will be integrated into the new legal framework.

__________________

__________________

7 Regulation (EU) No1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

7 Regulation (EU) No1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

8 Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).

8 Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).

9 Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

9 Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

10 Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

10 Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

11 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

11 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

12 Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).

12 Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).

13 Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).

13 Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).

</Amend>

<Amend>Amendment  <NumAm>7</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 4 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(4a) This Regulation should provide the Member States with sufficient time to prepare their respective CAP national strategic plans, as well as the administrative structures necessary for successful implementation of the new legal framework. This should not discourage Member States from presenting their respective national strategic plans in a timely manner. All CAP strategic plans should be ready to enter into force once the transitional period ends. This would provide much-needed stability and certainty for the farming sector.

</Amend>

<Amend>Amendment  <NumAm>8</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 4 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(4b) In order to achieve a successful modernisation and simplification of the CAP, the Member States and the Commission should extensively consult farmers and all relevant stakeholders during the preparation of Member States’ CAP Strategic Plans and in order to contribute to the European Green Deal and the Farm to Fork Strategy. Preparatory work on the development of Member States’ CAP Strategic Plans should be undertaken without delay to ensure a smooth transition for beneficiaries into a new programming period.

</Amend>

<Amend>Amendment  <NumAm>9</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 5</Article>

 

Text proposed by the Commission

Amendment

(5) In light of the fact that the Union should continue to support rural development in 2021, Member States, that demonstrate the risk to run out of funds and not to be able to undertake new legal commitments in accordance with Regulation (EU) No 1305/2013, should have the possibility to extend their rural development programmes or certain of their regional rural development programmes supported by the EAFRD to 31 December 2021 and to finance those extended programmes from the corresponding budget allocation for the year 2021. The extended programmes should aim at maintaining at least the same overall level of environment and climate ambition.

(5) In light of the fact that the Union should continue to support rural development throughout the transitional period, Member States, that demonstrate the risk to run out of funds and not to be able to undertake new legal commitments for all or certain measures and the resulting expenditure in accordance with Regulation (EU) No 1305/2013, should have the possibility to extend their rural development programmes or certain of their regional rural development programmes supported by the EAFRD throughout the transitional period and to finance those extended programmes from the budget allocation for the corresponding years. The extended programmes should aim at maintaining at least the same overall level of environment and climate ambition, thereby requiring at least the same percentage of EAFRD expenditure for the measures referred to in Article 59(6) of that Regulation.

</Amend>

<Amend>Amendment  <NumAm>10</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 6</Article>

 

Text proposed by the Commission

Amendment

(6) Since certain Member States may still have funds provided by the Union in previous years, Member States should also have the possibility not to extend their rural development programmes or not to extend certain of their regional rural development programmes. Those Member States should have the possibility to transfer the EAFRD budget allocation for 2021 or the part of the EAFRD budget allocation corresponding to the regional rural development programmes that have not been extended, to the financial allocations for the years 2022 to 2025, in accordance with the Council Regulation (EU) …/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027]14 .

(6) Since certain Member States may still have funds provided by the Union in previous years, Member States should also have the possibility not to extend their rural development programmes or not to extend certain of their regional rural development programmes or to complete the remaining funds with part of the allocations for the years of the transitional period as needed. Those Member States should have the possibility to transfer the EAFRD budget allocation for 2021 or where applicable, for 2022, or the part of the EAFRD budget allocation that was not used for extending their corresponding to the regional rural development programmes that have not been extended, to the financial allocations for the remaining of the programming period, in accordance with Council Regulation (EU) …/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027]14.

__________________

__________________

14 Regulation MFF OJ L , , p. .

14 Regulation MFF OJ L , , p. .

</Amend>

<Amend>Amendment  <NumAm>11</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 7</Article>

 

Text proposed by the Commission

Amendment

(7) In order to allow the Commission to provide the necessary financial planning and the corresponding adjustments of the annual breakdowns of the Union support set out in the Annex to Regulation (EU) No 1305/2013, Member States should inform the Commission soon after the entry into force of this Regulation whether they decide to extend their rural development programmes and, in case of regional rural development programmes, which of those programmes they decide to extend, and consequently which corresponding amount of the budget allocation for 2021 is not to be transferred to the following years.

(7) In order to allow the Commission to provide the necessary financial planning and the corresponding adjustments of the annual breakdowns of the Union support set out in the Annex to Regulation (EU) No 1305/2013, Member States should inform the Commission soon after the entry into force of this Regulation whether they decide to extend their rural development programmes and, in case of regional rural development programmes, which of those programmes they decide to extend, and if they intend to fund them partly with remaining funds for the previous budget allocation, and consequently which corresponding amount of the budget allocation for the years during the transitional period is not to be transferred to the following years.

</Amend>

<Amend>Amendment  <NumAm>12</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 8</Article>

 

Text proposed by the Commission

Amendment

(8) Regulation (EU) No 1303/2013 lays down common rules applicable to the EAFRD and some other Funds, which operate under a common framework. That Regulation should continue to apply to programmes supported by the EAFRD for the 2014–2020 programming period as well as to those programmes supported by the EAFRD for which Member States decide to extend that period to 31 December 2021. For those Member States, the Partnership Agreement drawn up for the period from 1 January 2014 to 31 December 2020 in accordance with Regulation (EU) No 1303/2013 should continue to be used as a strategic document by Member States and the Commission with regard to the implementation of support granted by the EAFRD for the programming year 2021.

(8) Regulation (EU) No 1303/2013 lays down common rules applicable to the EAFRD and some other Funds, which operate under a common framework. That Regulation should continue to apply to programmes supported by the EAFRD for the 2014–2020 programming period as well as to those programmes supported by the EAFRD for which Member States decide to extend that period to 31 December 2021 or, where applicable, to 31 December 2022. For those Member States, the Partnership Agreement drawn up for the period from 1 January 2014 to 31 December 2020 in accordance with Regulation (EU) No 1303/2013 should continue to be used as a strategic document by Member States and the Commission with regard to the implementation of support granted by the EAFRD for the programming year 2021 or, where applicable, the programming year 2022.

</Amend>

<Amend>Amendment  <NumAm>13</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 10</Article>

 

Text proposed by the Commission

Amendment

(10) Regulation (EU) No 1310/2013 of the European Parliament and of the Council15 and Commission Delegated Regulation (EU) No 807/201416 provide that expenditure for certain long-term commitments undertaken pursuant to certain regulations that granted support for rural development before Regulation (EU) No 1305/2013 should continue to be paid by the EAFRD in the 2014-2020 programming period under certain conditions. That expenditure should also continue to be eligible for the duration of their respective legal commitment under the same conditions in the programming year 2021. For reasons of legal clarity and certainty, it also should be clarified that the legal commitments undertaken under measures that correspond to measures of Regulation (EU) No 1305/2013 to which the integrated administration and control system applies, should be subject to this integrated administration and control system and that payments related to these legal commitments have to be made within the period from 1 December to 30 June of the following calendar year.

(10) Regulation (EU) No 1310/2013 of the European Parliament and of the Council15 and Commission Delegated Regulation (EU) No 807/201416 provide that expenditure for certain long-term commitments undertaken pursuant to certain regulations that granted support for rural development before Regulation (EU) No 1305/2013 should continue to be paid by the EAFRD in the 2014-2020 programming period under certain conditions. That expenditure should also continue to be eligible for the duration of their respective legal commitment under the same conditions in the programming year 2021 or, where applicable, the programming year 2022. For reasons of legal clarity and certainty, it also should be clarified that the legal commitments undertaken under measures that correspond to measures of Regulation (EU) No 1305/2013 to which the integrated administration and control system applies, should be subject to this integrated administration and control system and that payments related to these legal commitments have to be made within the period from 1 December to 30 June of the following calendar year.

__________________

__________________

15 Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), amending Regulation (EU) No 1305/2013 of the European Parliament and of the Council as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No 1307/2013, (EU) No 1306/2013 and (EU) No 1308/2013of the European Parliament and of the Council as regards their application in the year 2014 (OJ L 347, 20.12.2013, p. 865).

15 Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), amending Regulation (EU) No 1305/2013 of the European Parliament and of the Council as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No 1307/2013, (EU) No 1306/2013 and (EU) No 1308/2013of the European Parliament and of the Council as regards their application in the year 2014 (OJ L 347, 20.12.2013, p. 865).

16 Commission Delegated Regulation (EU) No 807/2014 of 11 March 2014 supplementing Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and introducing transitional provisions (OJ L 227, 31.7.2014, p. 1).

16 Commission Delegated Regulation (EU) No 807/2014 of 11 March 2014 supplementing Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and introducing transitional provisions (OJ L 227, 31.7.2014, p. 1).

</Amend>

<Amend>Amendment  <NumAm>14</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 14</Article>

 

Text proposed by the Commission

Amendment

(14) In light of the fact that the CAP Strategic Plans to be prepared by Member States in accordance with the new legal framework are to be applicable as of 1 January 2022, transitional rules should be laid down to regulate the transition from existing support schemes to the new legal framework, in particular Regulation (EU) …/… of the European Parliament and of the Council18 [CAP Strategic Plan Regulation].

(14) In light of the fact that the CAP Strategic Plans to be prepared by Member States in accordance with the new legal framework are to be applicable as of 1 January 2022 or 1 January 2023, as applicable, transitional rules should be laid down to regulate the transition from existing support schemes to the new legal framework, in particular Regulation (EU) …/… of the European Parliament and of the Council 18[CAP Strategic Plan Regulation]. In accordance with the principles set out in the European Code of Conduct on Partnership established by Commission Delegated Regulation (EU) No 240/201418a, Member States should ensure participation of regional and local authorities, civil society organisations, including beneficiaries, at all stages of preparation, implementation, monitoring and evaluation of the transitional measures and programmes.

__________________

__________________

18 Regulation (EU) …/… of the European Parliament and of the Council [CAP Strategic Plan] (OJ L …, …, p. …).

18 Regulation (EU) …/… of the European Parliament and of the Council [CAP Strategic Plan] (OJ L …, …, p. …).

 

18a Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

</Amend>

<Amend>Amendment  <NumAm>15</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 14 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(14a) The transitional rules provided for in this Regulation are intended to allow the measures currently in force to be extended for the duration of the transitional period. During the transitional period and in order to anticipate as far as possible the implementation of the future renewed legal framework for the CAP, the Member States, in their work and their consultations on the prefiguration of their future CAP strategic plans, should focus on the new tools provided for, and in particular on the possibility for new sectors to develop operational programmes.

</Amend>

<Amend>Amendment  <NumAm>16</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 16</Article>

 

Text proposed by the Commission

Amendment

(16) Regulation (EU) No 1308/2013 lays down rules for the common organisation of agricultural markets and includes certain aid schemes in Articles 29 to 60. Those aid schemes should be integrated in the future CAP Strategic Plans of the Member States as sectoral interventions referred to in points (a) to (e) of Article 39 of Regulation (EU) …/… [CAP Strategic Plan Regulation]. To ensure coherence, continuity and a smooth transition between those aid schemes of Regulation (EU) No 1308/2013 and the sectoral types of interventions of Regulation (EU) …/… [CAP Strategic Plan Regulation], rules should be laid down regarding the duration of each of those aid schemes with respect to the date from which the future CAP Strategic Plans of the Member States have legal effects.

(16) Regulation (EU) No 1308/2013 lays down rules for the common organisation of agricultural markets and includes certain aid schemes in Articles 29 to 60. Those aid schemes should be integrated in the future CAP Strategic Plans of the Member States as sectoral interventions referred to in points (a) to (e) of Article 39 of Regulation (EU) …/… [CAP Strategic Plan Regulation]. To ensure coherence, continuity and a smooth transition between those aid schemes of Regulation (EU) No 1308/2013 and the sectoral types of interventions of Regulation (EU) …/… [CAP Strategic Plan Regulation], rules should be laid down regarding the duration of each of those aid schemes.

<TitreJust>Justification</TitreJust>

It should be made possible to safeguard the sectoral programmes in force up to the finalisation date initially envisaged in order to ensure legal certainty for producers.

</Amend>

<Amend>Amendment  <NumAm>17</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 17</Article>

 

Text proposed by the Commission

Amendment

(17) As regards the aid scheme in the olive oil and table olives sector, the existing work programmes drawn up for the period running from 1 April 2018 until 31 March 2021 should be extended until 31 December 2021. For aid schemes in the fruit and vegetables sector rules should be laid down regarding the modification or replacement of operational programmes.

(17) As regards the aid scheme in the olive oil and table olives sector, the existing work programmes drawn up for the period running from 1 April 2018 until 31 March 2021 should be extended until the end of the transitional period. For aid schemes in the fruit and vegetables sector, rules should be laid down regarding the modification or replacement of operational programmes. The recognised producer organisations in the fruit and vegetable sector should also have the possibility to maintain the operational programme until it comes to an end.

</Amend>

<Amend>Amendment  <NumAm>18</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 18</Article>

 

Text proposed by the Commission

Amendment

(18) With the view to ensuring continuity as regards the aid schemes in the wine sector and the apiculture sector, rules need to be laid down that allow those aid schemes to continue to be implemented until the end of their respective programming periods. For this period certain provisions of Regulation (EU) No 1306/2013 should therefore continue to apply in relation to expenditure incurred and payments made for operations implemented pursuant to Regulation (EU) No 1308/2013 after 31 December 2021 and until the end of those aid schemes.

(18) With the view to ensuring continuity as regards the aid schemes in the fruit and vegetable sector, the wine sector and the apiculture sector, rules need to be laid down that allow those aid schemes to continue to be implemented until the end of their respective programming periods. For this period certain provisions of Regulation (EU) No 1306/2013 should therefore continue to apply in relation to expenditure incurred and payments made for operations implemented pursuant to Regulation (EU) No 1308/2013 after 31 December 2021 and until the end of those aid schemes and of the operational programmes.

</Amend>

<Amend>Amendment  <NumAm>19</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 19</Article>

 

Text proposed by the Commission

Amendment

(19) In order to limit a significant carry-over of commitments from the current programming period for rural development to the CAP Strategic Plans, the duration of new multiannual commitments in relation to agri-environment-climate, organic farming and forest-environment should be limited to a period of maximum 3 years. The extension of existing commitments should be limited to one year.

(19) In order to limit a significant carry-over of commitments from the current programming period for rural development to the CAP Strategic Plans, the duration of new multiannual commitments in relation to agri-environment-climate, organic farming and animal welfare should, as a general rule, be limited to a period of maximum of five years. Once Regulation (EU) .../... [CAP Strategic Plan Regulation] applies, the rules concerning those commitments should be adapted in accordance with that Regulation. The extension of existing commitments should be limited to one year.

</Amend>

<Amend>Amendment  <NumAm>20</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 20</Article>

 

Text proposed by the Commission

Amendment

(20) The EAFRD should be able to support Community-led local development set up in accordance with the new rules laid down by Regulation (EU) XXXX/XXXX [New CPR]. However, in order to avoid unspent funds for Community-led local development in the programming year 2021, Member States that decide to extend their rural development programmes to 31 December 2021 and that also make use of the possibility to transfer amounts from direct payments to rural development, should be able to apply the 5% minimum allocation for Community-led local development only to the EAFRD contribution to the rural development extended to 31 December 2021 calculated before the transfer of amounts from direct payment has been done.

(20) The EAFRD should be able to support Community-led local development set up in accordance with the new rules laid down by Regulation (EU) XXXX/XXXX [New CPR]. However, in order to avoid unspent funds for Community-led local development in the programming year 2021 or, where applicable, the programming year 2022, Member States that decide to extend their rural development programmes and that also make use of the possibility to transfer amounts from direct payments to rural development, should be able to apply the 5% minimum allocation for Community-led local development only to the EAFRD contribution to the rural development extended to 31 December 2021 or, where applicable, 31 December 2022, calculated before the transfer of amounts from direct payment has been done.

</Amend>

<Amend>Amendment  <NumAm>21</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 21</Article>

 

Text proposed by the Commission

Amendment

(21) In order to ensure continuity in the transitional period, the reserve for crises in the agricultural sector should be maintained for 2021 and the relevant amount of the reserve for 2021 should be included.

(21) In order to ensure continuity in the transitional period, the reserve for crises in the agricultural sector should be maintained for 2021 and, where applicable, for 2022, and the relevant amount of the reserve for 2021 and, where applicable, for 2022, should be included.

</Amend>

<Amend>Amendment  <NumAm>22</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 22</Article>

 

Text proposed by the Commission

Amendment

(22) As regards prefinancing arrangements from the EAFRD, it should be made clear that where Member States decide to extend the 2014–2020 period to 31 December 2021, this should not lead to any additional prefinancing granted for the programmes concerned.

(22) As regards prefinancing arrangements from the EAFRD, it should be made clear that where Member States decide to extend the 2014–2020 period to 31 December 2021 or, where applicable, 31 December 2022, this should not lead to any additional prefinancing granted for the programmes concerned.

</Amend>

<Amend>Amendment  <NumAm>23</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 23</Article>

 

Text proposed by the Commission

Amendment

(23) Article 11 of Regulation (EU) No 1307/2013 currently only provides for a notification obligation for Member States as regards their decisions and the estimated product related to the reduction of the part of the amount of direct payments to be granted to a farmer for a given calendar year exceeding EUR 150 000 for the years 2015 to 2020. With a view to ensuring a continuation of the existing system, Member States should also notify their decisions and the estimated product of reduction for calendar year 2021.

(23) Article 11 of Regulation (EU) No 1307/2013 currently only provides for a notification obligation for Member States as regards their decisions and the estimated product related to the reduction of the part of the amount of direct payments to be granted to a farmer for a given calendar year exceeding EUR 150 000 for the years 2015 to 2020. With a view to ensuring a continuation of the existing system, Member States should also notify their decisions and the estimated product of reduction for calendar year 2021 and, where applicable, calendar year 2022.

</Amend>

<Amend>Amendment  <NumAm>24</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 24</Article>

 

Text proposed by the Commission

Amendment

(24) Article 14 of Regulation (EU) No 1307/2013 allows Member States to transfer funds between direct payments and rural development as regards calendar years 2014 to 2020. In order to ensure that Member States may keep their own strategy, the flexibility between pillars should be made available also for calendar year 2021 (i.e. financial year 2022).

(24) Article 14 of Regulation (EU) No 1307/2013 allows Member States to transfer funds between direct payments and rural development as regards calendar years 2014 to 2020. In order to ensure that Member States may keep their own strategy, the flexibility between pillars should be made available also for calendar year 2021 (i.e. financial year 2022) and, where applicable, calendar year 2022 (i.e. financial year 2023).

</Amend>

<Amend>Amendment  <NumAm>25</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 25</Article>

 

Text proposed by the Commission

Amendment

(25) In order to allow the Commission to be able to set the budgetary ceilings in accordance with Articles 22(1), 36(4), 42(2), 47(3), 49(2), 51(4) and 53(7) of Regulation (EU) No 1307/2013, it is necessary that Member States notify their decisions on financial allocations by scheme for calendar year 2021 by 1 August 2020.

(25) In order to allow the Commission to be able to set the budgetary ceilings in accordance with Articles 22(1), 36(4), 42(2), 47(3), 49(2), 51(4) and 53(7) of Regulation (EU) No 1307/2013, it is necessary that Member States notify their decisions on financial allocations by scheme for calendar year 2021 by 1 August 2020 and, where applicable, their decisions on financial allocations by scheme for calendar year 2022 by 1 August 2021.

</Amend>

<Amend>Amendment  <NumAm>26</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 25 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(25a) Member States should be able to continue to use transitional national aid during the period of application of this Regulation. In order to reduce the competitive differences between farmers in the Member States as a result of differences in payment per hectare, Member States should maintain transitional national aid for the duration of the transitional period.

</Amend>

<Amend>Amendment  <NumAm>27</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 27</Article>

 

Text proposed by the Commission

Amendment

(27) In accordance with the current legal framework, Member States notified in 2014 their decisions up to calendar year 2020, on the division of the annual national ceiling for the basic payment scheme between the regions and the possible annual progressive modifications for the period covered by Regulation (EU) No 1307/2013. It is necessary that Member States also notify those decisions for calendar year 2021.

(27) In accordance with the current legal framework, Member States notified in 2014 their decisions up to calendar year 2020, on the division of the annual national ceiling for the basic payment scheme between the regions and the possible annual progressive modifications for the period covered by Regulation (EU) No 1307/2013. It is necessary that Member States also notify those decisions for calendar year 2021 and, where applicable, calendar year 2022.

</Amend>

<Amend>Amendment  <NumAm>28</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 28</Article>

 

Text proposed by the Commission

Amendment

(28) The internal convergence mechanism is the core process for a more equitable distribution of direct income support among farmers. Significant individual differences based on old historic references become more and more difficult to justify. In Regulation (EU) No 1307/2013, the basic model of internal convergence consists in the application by Member States of a uniform flat rate for all payment entitlements, at national or regional level, from 2015. However, for the sake of ensuring a smoother transition to a uniform value, a derogation was set out allowing Member States to differentiate the values of payment entitlements by applying partial convergence, also called the ‘tunnel model’, between 2015 and 2019. Some Member States made use of this derogation. To continue the process towards a more equitable distribution of direct payments, Member States can further converge towards a national or regional average after 2019 instead of going to a uniform flat rate or keeping the value of entitlements at their 2019 level. They should notify annually their decision for the following year.

(28) The internal convergence mechanism is the core process for a more equitable distribution of direct income support among farmers. Significant individual differences based on old historic references become more and more difficult to justify. In Regulation (EU) No 1307/2013, the basic model of internal convergence consists in the application by Member States of a uniform flat rate for all payment entitlements, at national or regional level, from 2015. However, for the sake of ensuring a smoother transition to a uniform value, a derogation was set out allowing Member States to differentiate the values of payment entitlements by applying partial convergence, also called the ‘tunnel model’, between 2015 and 2019. Some Member States made use of this derogation. To continue the process towards a more equitable distribution of direct payments, Member States should further converge towards a national or regional average after 2019 instead of going to a uniform flat rate. They should notify annually their decision for the following year.

</Amend>

<Amend>Amendment  <NumAm>29</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 29</Article>

 

Text proposed by the Commission

Amendment

(29) Article 30 of Regulation (EU) No 1307/2013 provides for the annual progressive modifications in the value of the payment entitlements allocated from the reserve to reflect the annual steps of the national ceiling set in Annex II to that Regulation, reflecting a “multiannual” management of the reserve. Those rules should be adapted so to reflect that it is possible to amend both the value of all allocated entitlements and of the reserve to adjust to a change in the amount in that Annex II between two years. Moreover, in some Member States not having reached a flat rate by 2019, internal convergence is implemented on an annual basis. For calendar years 2020 and 2021, only the value of the payment entitlement of the current year needs to be determined in the year of allocation. The unit value of entitlements to be allocated from the reserve in a given year should be calculated after possible adjustment of the reserve in accordance with Article 22(5) of that Regulation. In any subsequent year, the value of the payment entitlements allocated from the reserve should be adapted in accordance with that Article 22(5).

(29) Article 30 of Regulation (EU) No 1307/2013 provides for the annual progressive modifications in the value of the payment entitlements allocated from the reserve to reflect the annual steps of the national ceiling set in Annex II to that Regulation, reflecting a “multiannual” management of the reserve. Those rules should be adapted so to reflect that it is possible to amend both the value of all allocated entitlements and of the reserve to adjust to a change in the amount in that Annex II between two years. Moreover, in some Member States not having reached a flat rate by 2019, internal convergence is implemented on an annual basis. For calendar years 2020 and 2021 and, where applicable, calendar year 2022, only the value of the payment entitlement of the current year needs to be determined in the year of allocation. The unit value of entitlements to be allocated from the reserve in a given year should be calculated after possible adjustment of the reserve in accordance with Article 22(5) of that Regulation. In any subsequent year, the value of the payment entitlements allocated from the reserve should be adapted in accordance with that Article 22(5).

</Amend>

<Amend>Amendment  <NumAm>30</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 30</Article>

 

Text proposed by the Commission

Amendment

(30) Article 36 of Regulation (EU) No 1307/2013 provides the application of the single area payment scheme (SAPS) until 31 December 2020. The CAP Strategic Plan Regulation (EU) …/… [CAP Strategic Plan Regulation] allows Member States to implement a basic income support with the same modalities, i.e. without the allocation of payment entitlements based on historic references. Therefore, it is appropriate to allow the prolongation of SAPS in 2021.

(30) Article 36 of Regulation (EU) No 1307/2013 provides the application of the single area payment scheme (SAPS) until 31 December 2020. The CAP Strategic Plan Regulation (EU) …/… [CAP Strategic Plan Regulation] allows Member States to implement a basic income support with the same modalities, i.e. without the allocation of payment entitlements based on historic references. Therefore, it is appropriate to allow the prolongation of SAPS in 2021 and, where applicable, in 2022.

</Amend>

<Amend>Amendment  <NumAm>31</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 34</Article>

 

Text proposed by the Commission

Amendment

(34) Furthermore, the amendments to Regulations (EU) No 228/2013 and (EU) No 229/2013 should apply from 1 January 2021 in line with Regulation (EU) …/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027],

(34) The financial allocations provided for in Regulations (EU) No 228/2013 and (EU) No 229/2013 should apply from 1 January 2021 in line with Regulation (EU) …/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027].

</Amend>

<Amend>Amendment  <NumAm>32</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 34 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(34a) Given their very small size and their insularity, local markets in the outermost regions, as referred to in Article 349 TFEU, are particularly vulnerable to price fluctuations linked to import flows from the rest of the Union or from third countries. Therefore, the interbranch organisations, recognised under Article 157 of Regulation (EU) No 1308/2013, particularly in the livestock sectors, take collective measures, in particular for compiling data and disseminating information, designed to ensure that local production remains competitive on the local market in question. To that end, notwithstanding Articles 28, 29 and 110 TFEU, and without prejudice to Articles 164 and 165 of Regulation (EU) No 1308/2013, it is appropriate to allow the Member State concerned, in the context of extended interbranch agreements and after consultation with the stakeholders concerned, to make individual operators or groups of economic operators who are not members of the interbranch organisation but which operate on the local market in question, irrespective of their origin, pay that organisation all or part of the financial contributions paid by its members, including in cases where the proceeds of these contributions fund measures to maintain only local production or where the contributions are levied at a different stage in the marketing process.

</Amend>

<Amend>Amendment  <NumAm>33</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 34 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(34b) Due to their geographical situation, in particular their remoteness, insularity, small size, difficult topography and climate, the outermost regions, as referred to in Article 349 TFEU, are faced with specific socio-economic problems related to the supply of food and agricultural products essential for consumption or agricultural production. Specific measures in the agricultural sector, to remedy the difficulties caused by the specific situation, as provided for in that Article, were established in Regulation (EU) No 228/2013. In order to respect the continuity principle, this Regulation advocates respecting the maintenance of the budget during the transitional period. For the Programme of Options Specifically Relating to Remoteness and Insularity (POSEI) scheme and for the specific measures for agriculture in favour of the smaller Aegean islands, it is appropriate to reinstate the financial allocations at their current levels provided for in Regulations (EU) No 228/2013 and (EU) No 229/2013.

</Amend>

<Amend>Amendment  <NumAm>34</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 34 c (new)</Article>

 

Text proposed by the Commission

Amendment

 

(34c) In the event that a proposal for a Council Regulation laying down the multiannual financial framework for the years 2021 to 2027 (MFF Regulation) and the related proposal for a Regulation of the European Parliament and of the Council (CAP Strategic Plan Regulation) have not been adopted and published in the Official Journal of the European Union by 30 October 2020, the transitional period originally proposed in this Regulation ending on 31 December 2021 should, as a last resort, be extended by a further year to 31 December 2022. In that event, the corresponding transitional rules and conditions applicable to the original transitional period should continue to apply during the extended transitional period and the budget allocations and applicable timeframes should be adapted accordingly. This should provide sufficient incentive and allow the European Parliament and the Council to successfully adopt the new legislative framework for the CAP, while at the same time ensure the necessary stability for the beneficiaries.

</Amend>

<Amend>Amendment  <NumAm>35</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article -1 (new)</Article>

 

Text proposed by the Commission

Amendment

 

Article -1

 

Transitional period

 

1. For the purpose of this Regulation, ‘transitional period’ means the period starting on 1 January 2021 and ending on 31 December 2021.

 

2. By way of derogation from paragraph 1 of this Article and only in the event that the proposal for a Council Regulation laying down the multiannual financial framework for the years 2021 to 2027 and 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 have not been adopted and published in the Official Journal of the European Union by 30 October 2020, the transitional period for the purpose of this Regulation shall be extended to 31 December 2022.

</Amend>

<Amend>Amendment  <NumAm>36</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Title I – chapter I – title</Article>

 

Text proposed by the Commission

Amendment

Continued application of Regulation (EU) No 1303/2013 for the programming year 2021 and extension of certain periods under Regulations (EU) No 1303/2013 and (EU) No 1310/2013

Continued application of Regulation (EU) No 1303/2013 during the transitional period and extension of certain periods under Regulations (EU) No 1303/2013 and (EU) No 1310/2013

</Amend>

<Amend>Amendment  <NumAm>37</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – subparagraph 1</Article>

 

Text proposed by the Commission

Amendment

For programmes supported by the European Agricultural Fund for Rural Development (EAFRD), Member States that risk, due to the lack of financial resources, not to be able to undertake new legal commitments in accordance with Regulation (EU) No 1305/2013, may extend the period laid down in Article 26(1) of Regulation (EU) No 1303/2013 to 31 December 2021.

For programmes supported by the European Agricultural Fund for Rural Development (EAFRD), Member States that risk, due to the lack of financial resources, not to be able to undertake new legal commitments in accordance with Regulation (EU) No 1305/2013, may extend the period laid down in Article 26(1) of Regulation (EU) No 1303/2013 to the transitional period referred to in Article -1 of this Regulation.

</Amend>

<Amend>Amendment  <NumAm>38</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – subparagraph 1 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

Member States that decide to make use of the possibility provided for in the first subparagraph may compensate for any reductions in the overall allocations in the EAFRD for the next multiannual financial framework (MFF) period with a corresponding increase in their national co-financing.

<TitreJust>Justification</TitreJust>

In respect of the continuation of the current CAP rules, Member States must be able to increase their co-financing. The Commission's proposed reductions in the MFF for the EAFRD cannot be accepted. The current rural development programmes have to continue without any cuts for the farmers and beneficiaries. This would allow the Member States’ to keep the environmental measures at least at the current level as proposed by the Commission and would enable both Member States and farmers to adapt or extend their programmes to meet environmental challenges.

</Amend>

<Amend>Amendment  <NumAm>39</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – subparagraph 2</Article>

 

Text proposed by the Commission

Amendment

Member States that decide to make use of the possibility provided in the first subparagraph shall notify the Commission of their decision within 10 days after the entry into force of this Regulation. Where Member States have submitted a set of regional programmes in accordance with Article 6 of Regulation (EU) No 1305/2013, that notification shall also contain information on which of the regional programmes are to be extended and on the corresponding budgetary allocation within the annual breakdown for the year 2021 as set out in Annex I to Regulation (EU) No 1305/2013.

Member States that decide to make use of the possibility provided in the first subparagraph shall notify the Commission of their decision within two weeks after the entry into force of this Regulation. Where Member States have submitted a set of regional programmes in accordance with Article 6 of Regulation (EU) No 1305/2013, that notification shall also contain information on which of the regional programmes are to be extended and on the corresponding budgetary allocation within the annual breakdown for the year 2021 and, where Article -1(2) of this Regulation applies, for the year 2022, as set out in Annex I to Regulation (EU) No 1305/2013.

</Amend>

<Amend>Amendment  <NumAm>40</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – subparagraph 3</Article>

 

Text proposed by the Commission

Amendment

Where the Commission considers that an extension of the period under the first subparagraph is not justified, it shall inform the Member State thereof within 6 weeks after receipt of the notification referred to in the second subparagraph.

Where the Commission considers that an extension of the period under the first subparagraph is not justified, it shall inform the Member State thereof within four weeks after receipt of the notification referred to in the second subparagraph. The Commission shall base the evaluation of the request for extension on clear and objective criteria in accordance with Regulation (EU) No 1305/2013, which shall be communicated to the Member State concerned. The Commission shall provide the Member State concerned with the reasons justifying its refusal of the extension, as well as with, if possible, specific recommendations as to how to improve the notification in order to make it applicable. The Member State concerned may, within four weeks of being provided with such recommendations by the Commission, submit an updated notification explaining how it will implement the Commission´s recommendations on the applicability of the extension.

</Amend>

<Amend>Amendment  <NumAm>41</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – subparagraph 4</Article>

 

Text proposed by the Commission

Amendment

The notification referred to in the second subparagraph shall be without prejudice to the need to submit a request to amend a rural development programme for the year 2021 as referred to in Article 11(1)(a) of Regulation (EU) No 1305/2013. Such an amendment shall aim at maintaining at least the same overall level of the EAFRD expenditure for the measures referred to in Article 59(6) of that Regulation.

The notification referred to in the second subparagraph shall be without prejudice to the need to submit a request to amend a rural development programme for the year 2021 and, where Article-1(2) of this Regulation applies, for the year 2022, as referred to in point (a) of Article 11 of Regulation (EU) No 1305/2013. Such amendment shall not be taken into account for the limit of annual modifications as provided for in the rules adopted on the basis of Article 12 of Regulation (EU) No 1305/2013. That amendment shall guarantee the same percentage of the EAFRD expenditure for the measures referred to in Article 59(6) of Regulation (EU) No 1305/2013.

</Amend>

<Amend>Amendment  <NumAm>42</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 2 – subparagraph 1</Article>

 

Text proposed by the Commission

Amendment

For Member States that do not decide to make use of the possibility provided in paragraph 1 of this Article, Article [8] of Regulation (EU) …/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027] shall apply to the allocation not used for the year 2021 as set out in Annex I to Regulation (EU) No 1305/2013.

For Member States that do not decide to make use of the possibility provided in paragraph 1 of this Article, Article [8] of Regulation (EU)…/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027] shall apply to the allocation not used for the year 2021 and, where Article -1(2) of this Regulation applies, for the year 2022, as set out in Annex I to Regulation (EU) No 1305/2013.

</Amend>

<Amend>Amendment  <NumAm>43</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 2 – subparagraph 2</Article>

 

Text proposed by the Commission

Amendment

Where a Member State decides to make use of the possibility provided in paragraph 1 only with regard to certain regional programmes, the allocation referred to in the first subparagraph of this paragraph shall be the amount set out for that Member State for 2021in Annex I to Regulation (EU) No 1305/2013 minus the budgetary allocations notified in accordance with the first subparagraph of paragraph 2 for the regional programmes that are extended.

Where a Member State decides to make use of the possibility provided in paragraph 1 only with regard to certain regional programmes, the allocation referred to in the first subparagraph of this paragraph shall be the amount set out for that Member State for 2021 and, where Article -1(2) of this Regulation applies, for 2022, in Annex I to Regulation (EU) No 1305/2013 minus the budgetary allocations notified in accordance with the first subparagraph of paragraph 2 for the regional programmes that are extended.

</Amend>

<Amend>Amendment  <NumAm>44</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 2 – paragraph 2</Article>

 

Text proposed by the Commission

Amendment

2. For programmes for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, the references to time periods or deadlines in Articles 50(1), 51(1), 57(2), 65(2) and (4), and the first paragraph of Article 76 of Regulation (EU) No 1303/2013 shall be extended for one year.

2. For programmes for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, the references to time periods or deadlines in Articles 50(1), 51(1), 57(2), 65(2) and (4), and the first paragraph of Article 76 of Regulation (EU) No 1303/2013 shall be extended for the duration of the transitional period referred to Article -1 of this Regulation.

</Amend>

<Amend>Amendment  <NumAm>45</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 2 – paragraph 3</Article>

 

Text proposed by the Commission

Amendment

3. For Member States that decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, the Partnership Agreement drawn up for the period from 1 January 2014 to 31 December 2020 in accordance with Regulation (EU) No 1303/2013 shall continue to be used as a strategic document by Member States and the Commission with regard to the implementation of support granted by the EAFRD for the year 2021.

3. For Member States that decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, the Partnership Agreement drawn up for the period from 1 January 2014 to 31 December 2020 in accordance with Regulation (EU) No 1303/2013 shall continue to be used as a strategic document by Member States and the Commission with regard to the implementation of support granted by the EAFRD during the transitional period.

</Amend>

<Amend>Amendment  <NumAm>46</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 3 – title</Article>

 

Text proposed by the Commission

Amendment

Eligibility of certain types of expenditure in 2021

Eligibility of certain types of expenditure during the transitional period

</Amend>

<Amend>Amendment  <NumAm>47</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 3 – paragraph 1 – introductory part</Article>

 

Text proposed by the Commission

Amendment

Without prejudice to Article 65(2) of Regulation (EU) No 1303/2013, to Article 2(2) of this Regulation and to Article 38 of Regulation (EU) No 1306/2013, the expenditure referred to in Article 3(1) of Regulation (EU) No 1310/2013 and in Article 16 of Delegated Regulation (EU) No 807/2014 shall be eligible for an EAFRD contribution from the 2021 allocation for programmes supported by the EAFRD for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, subject to the following conditions:

Without prejudice to Article 65(2) of Regulation (EU) No 1303/2013, to Article 2(2) of this Regulation and to Article 38 of Regulation (EU) No 1306/2013, the expenditure referred to in Article 3(1) of Regulation (EU) No 1310/2013 and in Article 16 of Delegated Regulation (EU) No 807/2014 shall be eligible for an EAFRD contribution from the transitional period allocations for programmes supported by the EAFRD for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, subject to the following conditions:

</Amend>

<Amend>Amendment  <NumAm>48</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 3 – paragraph 1 – point a</Article>

 

Text proposed by the Commission

Amendment

(a) such expenditure is provided for in the respective rural development programme for 2021;

(a) such expenditure is provided for in the respective rural development programme for the years covered by the transitional period;

</Amend>

<Amend>Amendment  <NumAm>49</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Title I – Chapter II – title</Article>

 

Text proposed by the Commission

Amendment

Application of Articles 25 to 28 of Regulation (EU) [NEW CPR] for the programming year 2021

Application of Articles 25 to 28 of Regulation (EU) [NEW CPR] for the programming year 2021 and, where applicable, 2022

</Amend>

<Amend>Amendment  <NumAm>50</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 5 – paragraph 1</Article>

 

Text proposed by the Commission

Amendment

1. Payment entitlements allocated to farmers before 1 January 2020 shall be considered legal and regular as from 1 January 2021. The value of those entitlements to be considered legal and regular shall be the value for calendar year 2020 valid on 31 December 2020. This is without prejudice to the relevant articles of Union law concerning the value of payment entitlements for calendar years 2021 onwards, in particular Article 22(5) and 25(12) of Regulation (EU) No 1307/2013.

1. Payment entitlements allocated to farmers before 1 January 2020 shall be considered legal and regular as from 1 January 2020. The value of those entitlements to be considered legal and regular shall be the value for calendar year 2019 valid on 31 December 2019. This is without prejudice to the relevant articles of Union law concerning the value of payment entitlements for calendar years 2020 onwards, in particular Article 22(5) and 25(12) of Regulation (EU) No 1307/2013.

<TitreJust>Justification</TitreJust>

Claim year 2020 will already be financed from the Multiannual Financial Framework 2021 – 2027 (MFF). With the start of the new MFF, legal certainty and clarity should be provided by considering all payment entitlements allocated to the farmers before 1 January 2020 legal and regular as from 1 January 2020.

</Amend>

<Amend>Amendment  <NumAm>51</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 5 – paragraph 2</Article>

 

Text proposed by the Commission

Amendment

2. Paragraph 1 shall not apply to payment entitlements allocated to farmers on the basis of factually incorrect applications, except in cases where the error could not reasonably have been detected by the farmer.

2. Paragraph 1 shall not apply to payment entitlements allocated to farmers on the basis of factually incorrect applications or in violation of the rule on conflict of interests, as laid down in Article 61 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council 1a, except in cases where the error could not reasonably have been detected by the farmer.

 

__________________

 

1a Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

</Amend>

<Amend>Amendment  <NumAm>52</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 6 – paragraph 1 – introductory part</Article>

 

Text proposed by the Commission

Amendment

1. Expenditure relating to legal commitments to beneficiaries incurred under the measures referred to in Articles 23, 39 and 43 of Council Regulation (EC) No 1698/200519 which are receiving support under Regulation (EU) No 1305/2013 shall continue to be eligible for an EAFRD contribution in the period 2022-2027 covered by the CAP Strategic Plan, subject to the following conditions:

1. Expenditure relating to legal commitments to beneficiaries incurred under the measures referred to in Articles 23, 39 and 43 of Council Regulation(EC) No 1698/200519 which are receiving support under Regulation (EU) No 1305/2013 shall continue to be eligible for an EAFRD contribution in the period 2022-2027 or, where Article -1(2) of this Regulation applies, 2023-2027, covered by the CAP Strategic Plan, subject to the following conditions:

__________________

__________________

19 Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1).

19 Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1).

</Amend>

<Amend>Amendment  <NumAm>53</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 6 – paragraph 1 – point a</Article>

 

Text proposed by the Commission

Amendment

(a) such expenditure is provided for in the respective CAP Strategic Plan for 2022- 2027 in accordance with Regulation (EU) [CAP Plan Regulation] and complies with Regulation (EU) [HzR];

(a) such expenditure is provided for in the respective CAP Strategic Plan for 2022- 2027 or, where Article -1(2) of this Regulation applies, 2023-2027, in accordance with Regulation (EU) [CAP Plan Regulation] and complies with Regulation (EU) [HzR];

</Amend>

<Amend>Amendment  <NumAm>54</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 6 – paragraph 1 – subparagraph 1 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

The first subparagraph shall also apply to legal commitments to beneficiaries undertaken under corresponding measures provided for in Regulation (EC) No 1257/1999, which are receiving support under Regulation (EU) No 1305/2013.

<TitreJust>Justification</TitreJust>

Transitional provisions should also allow regulating long-term commitments undertaken under rural development programs earlier than 2014-2020 period. This approach will enable payments to be made for commitments, e.g. for afforestation undertaken under rural development programs for the 2004-2006 period. That is why art. 6 clause 1 should be supplemented with an additional paragraph.

</Amend>

<Amend>Amendment  <NumAm>55</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 6 – paragraph 2</Article>

 

Text proposed by the Commission

Amendment

2. Expenditure relating to legal commitments to beneficiaries incurred under the multiannual measures referred to in Articles 28, 29, 33 and 34 of Regulation (EU) No 1305/2013 and expenditure relating to legal commitments for a time period going beyond 1 January 2024, or beyond 1 January 2025 in Member States that have decided to extend the 2014-2020 period in accordance with Article 1(1) of this Regulation, under Articles 14 to 18, points (a) and (b) of Article 19(1), Article 20, Articles 22 to 27, 35, 38, 39 and 39a of Regulation (EU) No 1305/2013 and under Article 35 of Regulation (EU) No 1303/2013 shall be eligible for an EAFRD contribution in the period 2022-2027 covered by the CAP Strategic Plan, subject to the following conditions :

2. Subject to the conditions set out in the second subparagraph, the following expenditures shall be eligible for an EAFRD contribution in the period 2022-2027 or, where Article -1(2) of this Regulation applies, 2023-2027, covered by the CAP Strategic Plan:

 

(a) expenditure relating to legal commitments to beneficiaries incurred under the multiannual measures referred to in Articles 28, 29, 33 and 34 of Regulation (EU) No 1305/2013;

 

(b) expenditure relating to legal commitments for a time period beyond 1 January 2024, or beyond 1 January 2025, in Member States that have decided to extend the 2014-2020 period in accordance with Article 1(1) of this Regulation, referred to in Articles 14 to 18, points (a) and (b) of Article 19(1), Articles 20, 22 to 27, 35, 38, 39 and 39a of Regulation (EU) No 1305/2013 and under Article 35 of Regulation (EU) No 1303/2013.

 

The conditions for eligibility for an EAFRD contribution in the period 2022-2027 or, where Article -1(2) of this Regulation applies, 2023-2027, covered by the CAP Strategic Plan, referred to in the first subparagraph, are as follows:

(a) such expenditure is provided for in the respective CAP Strategic Plan for 2022-2027 in accordance with Regulation (EU) [CAP Strategic Plan Regulation] and complies with Regulation (EU) [HzR];

(a) such expenditure is provided for in the respective CAP Strategic Plan for 2022-2027 or, where Article -1(2) of this Regulation applies, 2023-2027, in accordance with Regulation (EU) [CAP Strategic Plan Regulation] and complies with Regulation (EU) [HzR];

(b) the EAFRD contribution rate of the corresponding intervention set in the CAP Strategic Plan in accordance with Regulation (EU) [CAP Strategic Plan Regulation], applies;

(b) the EAFRD contribution rate of the corresponding intervention set in the CAP Strategic Plan in accordance with Regulation (EU) [CAP Strategic Plan Regulation], applies;

(c) the integrated system referred to in Article 63(2) of Regulation (EU) [HzR] applies to the legal commitments undertaken under measures that correspond to the area- and animal-based types of interventions listed in Chapters II and IV of Title III of Regulation (EU) [CAP Strategic Plan Regulation] and the relevant operations are clearly identified; and

(c) the integrated system referred to in Article 63(2) of Regulation (EU) [HzR] applies to the legal commitments undertaken under measures that correspond to the area-and animal-based types of interventions listed in Chapters II and IV of Title III of Regulation (EU) [CAP Strategic Plan Regulation] and the relevant operations are clearly identified; and

(d) the payments for the legal commitments referred to in point (c) are made within the period laid down in Article 42 of Regulation (EU) [HzR].

(d) the payments for the legal commitments referred to in point (c) are made within the period laid down in Article 42 of Regulation (EU) [HzR].

</Amend>

<Amend>Amendment  <NumAm>56</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 7 – paragraph 1</Article>

 

Text proposed by the Commission

Amendment

1. The work programmes to support the olive oil and table olives sector referred to in Article 29 of Regulation (EU) No 1308/2013, drawn up for the period running from 1 April 2018 until 31 March 2021, shall be extended and shall end on 31 December 2021. The relevant producer organisations recognised under Article 152 of Regulation (EU) No 1308/2013, the relevant associations of producer organisations recognised under Article 156 of that Regulation and the relevant interbranch organisations recognised under Article 157 of that Regulation shall modify their work programmes to take account of this extension. The modified work programmes shall be notified to the Commission by 31 December 2020.

1. The work programmes to support the olive oil and table olives sector referred to in Article 29 of Regulation (EU) No 1308/2013, drawn up for the period running from 1 April 2018 until 31 March 2021, shall be extended and shall end at the end of the transitional period. The relevant producer organisations recognised under Article 152 of Regulation (EU) No 1308/2013, the relevant associations of producer organisations recognised under Article 156 of that Regulation and the relevant interbranch organisations recognised under Article 157 of that Regulation shall modify their work programmes to take account of this extension. The modified work programmes shall be notified to the Commission by 31 December 2020, or, where Article -1(2) of this Regulation applies, by 31 December 2021.

</Amend>

<Amend>Amendment  <NumAm>57</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 7 – paragraph 2 – subparagraph 1 – introductory part</Article>

 

Text proposed by the Commission

Amendment

Recognised producer organisation in the fruit and vegetables sector having an operational programme as referred to in Article 33 of Regulation (EU) No 1308/2013 that has been approved by a Member State for a duration beyond 31 December 2021 shall, by 15 September 2021, submit a request to that Member State to the effect that its operational programme:

Recognised producer organisation in the fruit and vegetables sector having an operational programme as referred to in Article 33 of Regulation (EU) No 1308/2013 that has been approved by a Member State for a duration beyond the end of the transitional period may, by 15 September 2021, submit a request to that Member State to the effect that its operational programme:

</Amend>

<Amend>Amendment  <NumAm>58</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 7 – paragraph 2 – subparagraph 2</Article>

 

Text proposed by the Commission

Amendment

Where a recognised producer organisation does not submit such request by 15 September 2021, its operational programme approved under Regulation (EU) No 1308/2013 shall end on 31 December 2021.

Where a recognised producer organisation does not submit such request, paragraph 6 applies to its operational programme until that programme ends.

</Amend>

<Amend>Amendment  <NumAm>59</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 7 – paragraph 3</Article>

 

Text proposed by the Commission

Amendment

3. The support programmes in the wine sector referred to in Article 40 of Regulation (EU) No 1308/2013 shall end on 15 October 2023. Articles 39 to 54 of Regulation (EU) No 1308/2013 shall continue to apply after 31 December 2021 as regards expenditure incurred and payments made for operations implemented pursuant to that Regulation before 16 October 2023 within the aid scheme referred to in Articles 39 to 52 of that Regulation.

3. The support programmes in the wine sector referred to in Article 40 of Regulation (EU) No 1308/2013 shall end on 15 October 2023. Articles 39 to 54 of Regulation (EU) No 1308/2013 may continue to apply beyond the end of the transitional period to the operations selected pursuant to that Regulation before 16 October 2023, as regards expenditure incurred and payments made within the aid scheme referred to in Articles 39 to 52 of that Regulation.

</Amend>

<Amend>Amendment  <NumAm>60</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 7 – paragraph 4</Article>

 

Text proposed by the Commission

Amendment

4. The national programmes in the apiculture sector referred to in Article 55 of Regulation (EU) No 1308/2013 shall end on 31 July 2022. Articles 55, 56 and 57 of Regulation (EU) No 1308/2013 shall continue to apply after 31 December 2021 as regards expenditure incurred and payments made for operations implemented pursuant to that Regulation before 1 August 2022 within the aid scheme referred to in Article 55 of that Regulation.

4. The national programmes in the apiculture sector referred to in Article 55 of Regulation (EU) No 1308/2013 shall end on 31 July 2022. Articles 55, 56 and 57 of Regulation (EU) No 1308/2013 may continue to apply beyond the end of the transitional period to the operations selected under that Regulation before 1 August 2022, as regards expenditure incurred and payments made within the aid scheme referred to in Article 55 of that Regulation.

</Amend>

 <Amend>Amendment  <NumAm>61</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 7 – paragraph 6</Article>

 

Text proposed by the Commission

Amendment

6. With regard to the aid schemes referred to in paragraphs 3 and 4 of this Article, Articles 7(3), 9, 21, 43, 51, 52, 54, 59, 67, 68, 70 to 75, 77, 91 to 97, 99, 100, 102(2), 110 and 111 of Regulation (EU) No 1306/2013 and the relevant provisions of delegated and implementing acts related to those Articles shall continue to apply after 31 December 2021 in relation to expenditure incurred and payments made for operations implemented pursuant to Regulation (EU) No 1308/2013 after that date and until the end of the aid schemes referred to in paragraphs 3 and 4 of this Article.

6. With regard to the aid schemes referred to in paragraphs 2, 3 and 4 of this Article, Articles 7(3), 9, 21, 43, 51, 52, 54, 59, 67, 68, 70 to 75, 77, 91 to 97, 99, 100, 102(2), 110 and 111 of Regulation (EU) No 1306/2013 and the relevant provisions of delegated and implementing acts related to those Articles shall continue to apply after the end of the transitional period in relation to expenditure incurred and payments made for operations implemented pursuant to Regulation (EU) No 1308/2013 after that date and until the end of the aid schemes referred to in paragraphs 3 and 4 of this Article and until the end of the operational programmes referred in paragraph 2 of this Article, where applicable.

</Amend>

<Amend>Amendment  <NumAm>62</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 – point -1 (new)</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Article 17 – paragraph 6 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(-1) In Article 17, the following  paragraph is added:

 

“6a. Member States may continue to undertake new legal commitments in relation to beneficiaries during the transitional period referred to in Article -1 of Regulation (EU) .../... of the European Parliament and of the Council [Transitional Regulation]. Applications for support submitted before 2021 and not approved due to lack of financial allocation for such support in the programme concerned shall continue to be eligible during that transitional period.”

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1305-20190301)

<TitreJust>Justification</TitreJust>

The possibility of transition of applications regarding investments in physical assets not approved in the current programming period due to lack of financial allocation should be clarified in this regulation.

</Amend>

<Amend>Amendment  <NumAm>63</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 – point 1</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Article 28 – paragraph 5 – subparagraph 2</Article2>

 

Text proposed by the Commission

Amendment

For new commitments to be undertaken from 2021 Member States shall determine a shorter period of one to three in their rural development programmes. If Member States provide for an annual extension of commitments after the termination of the initial period in accordance with the first subparagraph, from 2021 the extension shall not go beyond one year. As from 2021, for new commitments directly following a commitment performed in the initial period, Member States shall determine a period of one year in their rural development programmes.;

For new commitments to be undertaken from the start of the transitional period referred to in Article -1 of Regulation (EU) … /… [Transitional Regulation], Member States shall determine a shorter period of one to five years in their rural development programmes. However, where necessary in order to achieve or maintain the environmental and climate benefits sought, Member States may determine a longer period for new commitments. In that case, Member States shall take into account that those commitments need to be adapted in the preparation and content of the CAP strategic plan. If Member States provide for an annual extension of existing commitments after the termination of the initial period in accordance with the first subparagraph, the extension shall not go beyond one year from the start of the transitional period. Should the support to the beneficiary fall below the level granted in the previous planning period, Member State may provide that beneficiary with the possibility to opt out of the legal commitments before its original termination.

</Amend>

<Amend>Amendment  <NumAm>64</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 – point 2</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Article 29 – paragraph 3 – subparagraph 2</Article2>

 

Text proposed by the Commission

Amendment

For new commitments to be undertaken from 2021, Member States shall determine a shorter period of one to three years in their rural development programmes. If Member States provide for an annual extension for the maintenance of organic farming after the termination of the initial period in accordance with the first subparagraph, from 2021 the extension shall not go beyond one year. As from 2021, for new commitments concerning maintenance that directly follow the commitment performed in the initial period, Member States shall determine a period of one year in their rural development programmes.

For new commitments to be undertaken from the start of the transitional period referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation], Member States shall determine a period of one to five years in their rural development programmes. However, Member States shall take into account that those commitments need to be adapted in the preparation and content of the CAP strategic plan and need to maintain the environmental and climate benefits sought. If Member States provide for an annual extension for the existing commitments after the termination of the initial period in accordance with the first subparagraph, the extension shall not go beyond one year from the start of the transitional period. Should the support to the beneficiary fall below the level granted in the previous planning period, the Member State may provide that beneficiary with the possibility to opt out of the legal commitments before its original termination.

</Amend>

<Amend>Amendment  <NumAm>65</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 – point 2 a (new)</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Article 31 – paragraph 5</Article2>

 

Present text

Amendment

 

(2a) in Article 31, paragraph 5 is replaced by the following:

5. In addition to the payments provided for in paragraph 2, Member States may grant payments under this measure between 2014 and 2020 to beneficiaries in areas which were eligible under Article 36(a)(ii) of Regulation (EC) No 1698/2005 during the 2007-2013 programming period. For beneficiaries in areas that are no longer eligible following the new delimitation referred to in Article 32(3), those payments shall be degressive over a maximum period of four years. That period shall start on the date that the delimitation in accordance with Article 32(3) is completed and at the latest in 2019. Those payments shall start at no more than 80 % of the average payment fixed in the programme for the programming period 2007-2013 in accordance with Article 36(a)(ii) of Regulation (EC) No 1698/2005, and shall end in 2020 at the latest at no more than 20 %. When the application of degressivity results in the level of the payment reaching EUR 25, the Member State can continue payments at this level until the phasing out period is completed.

"5. In addition to the payments provided for in paragraph 2, Member States may grant payments under this measure between 2014 and 2020 to beneficiaries in areas which were eligible under Article 36(a)(ii) of Regulation (EC) No 1698/2005 during the 2007-2013 programming period. For beneficiaries in areas that are no longer eligible following the new delimitation referred to in Article 32(3), those payments shall be degressive over a maximum period of four years. That period shall start on the date that the delimitation in accordance with Article 32(3) is completed and at the latest in 2019. Those payments shall start at no more than 80 % of the average payment fixed in the programme for the programming period 2007-2013 in accordance with Article 36(a)(ii) of Regulation (EC) No 1698/2005, and shall end at the latest at the end of the transitional period referred to in Article -1 of Regulation (EU)…/… [Transitional Regulation] at no more than 20 %. When the application of degressivity results in the level of the payment reaching EUR 25, the Member State can continue payments at this level until the phasing out period is completed.

By way of derogation from the first subparagraph, where degressive payments start only in the year 2019, those payments shall start at no more than 80 % of the average payment fixed in the 2014-2020 programming period. The payment level shall be established in such a way that the end-level in 2020 is half of the starting level.

By way of derogation from the first subparagraph, where degressive payments start only in the year 2019, those payments shall start at no more than 80 % of the average payment fixed in the 2014-2020 programming period. The payment level shall be established in such a way that the end-level in 2020 is half of the starting level. Member States may continue their support at that level during the transitional period referred to in Article -1 of Regulation (EU)…/… [Transitional Regulation].

Following completion of the delimitation, beneficiaries in the areas that remain eligible shall receive full payment under this measure.

Following completion of the delimitation, beneficiaries in the areas that remain eligible shall receive full payment under this measure."

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1305-20190301)

<TitreJust>Justification</TitreJust>

The extended transitional period for areas with natural constraints, which are no longer eligible for support under the new delimitation, ensures a smooth adaptation to new conditions for the farmers in these areas. The amendment ensures certainty and continuity of support for European farmers from disadvantaged areas during the transitional period.

</Amend>

<Amend>Amendment  <NumAm>66</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 – point 3</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Article 33 – paragraph 2 – subparagraph 3</Article2>

 

Text proposed by the Commission

Amendment

For new commitments to be undertaken as from 2021 Member States shall determine a shorter period of one to three years in their rural development programmes. If Member States provide for an annual renewal of commitments after the termination of the initial period in accordance with the first subparagraph, as from 2021 the renewal shall not go beyond one year.

For new commitments to be undertaken as from the start of the transitional period, Member States shall determine a shorter period of one to five years in their rural development programmes. However, where necessary in order to achieve or maintain the animal welfare benefits sought, Member States may determine a longer period for new commitments. In that event, Member States shall take into account that those commitments need to be adapted in the preparation and content of the CAP strategic plan. Member States may provide for a renewal of commitments after the termination of the initial period in accordance with the first subparagraph.

</Amend>

<Amend>Amendment  <NumAm>67</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 – point 3 a (new)</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Article 38 – paragraph 3 – subparagraph 2</Article2>

 

Present text

Amendment

 

(3a) In Article 38(3), the second subparagraph is replaced by the following:

Support under point (b) of Article 36(1) shall only be granted to cover for loss caused by the outbreak of adverse climatic events, an animal or plant disease, a pest infestation, or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest or an environmental incident, which destroy more than 30 % of the average annual production of the farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry. Indexes may be used in order to calculate the annual production of the farmer. The calculation method used shall permit the determination of the actual loss of an individual farmer in a given year.

Support under point (b) of Article 36(1) shall only be granted to cover for loss caused by the outbreak of adverse climatic events, an animal or plant disease, a pest infestation, or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest or an environmental incident, which destroy more than 20 % of the average annual production of the farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry. Indexes may be used in order to calculate the annual production of the farmer. The calculation method used shall permit the determination of the actual loss of an individual farmer in a given year."

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1305-20190301)

<TitreJust>Justification</TitreJust>

This amendment aims to anticipate passing the threshold of at least 20% losses as a trigger for compensation in terms of risk management. It follows on from the modifications adopted within the framework of the Omnibus and in line with the Commission's proposal in Article 70 of the Regulation on strategic plans.

</Amend>

<Amend>Amendment  <NumAm>68</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 – point 3 b (new)</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Article 39 – paragraph 1</Article2>

 

Present text

Amendment

 

(3b) In Article 39, paragraph 1 is replaced by the following:

1. Support under point (c) of Article 36(1) shall only be granted where the drop of income exceeds 30 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of point (c) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance. Indexes may be used to calculate the annual loss of income of the farmer.

"1. Support under point (c) of Article 36(1) shall only be granted where the drop of income exceeds 20 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of point (c) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance. Indexes may be used to calculate the annual loss of income of the farmer."

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1305-20190301)

<TitreJust>Justification</TitreJust>

This amendment aims to anticipate passing the threshold of at least 20% losses as a trigger for compensation in terms of risk management. It follows on from the modifications adopted within the framework of the Omnibus and in line with the Commission's proposal in Article 70 of the Regulation on strategic plans.

</Amend>

<Amend>Amendment  <NumAm>69</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 – point 5 a (new)</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Article 51 – paragraph 2 – subparagraph 3 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(5a) In Article 51(2), the following subparagraph is added:

 

 “In the event that a Member State decides to make use of the possibility referred to in Article 1(1) of Regulation (EU) .../... [Transitional Regulation ], that Member State may decide to increase the 4 % limit referred to in this paragraph to up to 6 % for the duration of the transitional period referred to in Article -1 of that Regulation. The amount of such increase shall be compensated for by a lower percentage of technical assistance in the years 2022-2027 or, where Article -1(2) of that Regulation applies, in the years 2023-2027.”

<TitreJust>Justification</TitreJust>

The nature of the proposed changes in the CAP reform will require significant planning and commitments from the agricultural sector and national administrations in implementation and in meeting its objectives and ambition. Allowing Member States to use a larger percentage of the funds allocated to technical assistance during the transitional period, would assist them in properly developing the tools and measures needed to achieve the set targets. A higher amount of technical assistance should be compensated for after the transitional period and therefore not imposed on farmers.

</Amend>

 <Amend>Amendment  <NumAm>70</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 – point 6 – point a</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Article 58 – paragraph 1 – subparagraph 2</Article2>

 

Text proposed by the Commission

Amendment

Without prejudice to paragraphs 5, 6 and 7, the total amount of Union support for rural development under this Regulation for the period from 1 January 2021 to 31 December 2021 shall be maximum EUR 11 258 707 816, in current prices, in accordance with the multiannual financial framework for the years 2021 to 2027.

Without prejudice to paragraphs 5, 6 and 7, the total amount of Union support for rural development under this Regulation for the transitional period as referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation], shall be maximum EUR X*, in current prices, in accordance with the multiannual financial framework for the years 2021 to 2027.

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

</Amend>

<Amend>Amendment  <NumAm>71</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 – point 9 a (new)</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Article 82 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(9a) The following Article is added to the end of Title VIII:

 

“Article 82a

 

National fiscal measures

 

In order to limit the effects of income variability, Articles 107, 108 and 109 TFEU shall not apply to national fiscal measures whereby Member States decide to deviate from general tax rules by allowing for the income tax base applied to farmers to be calculated on the basis of a multiannual period, including by deferring part of the tax base, or by allowing the exclusion of amounts placed in a dedicated agricultural savings account."

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1305-20190301)

<TitreJust>Justification</TitreJust>

This amendment aims to anticipate the application of a new regulatory measure proposed in the framework of Regulation COM (2018) 392 on strategic plans  under the CAP in Article 133 thereof adopted by the Committee on Agriculture in April 2019. It aims to allow farmers to set up precautionary savings schemes without falling under the state aid scheme.

</Amend>

<Amend>Amendment  <NumAm>72</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 9 – paragraph 1 – point -1 (new)</Article>

<DocAmend2>Regulation (EU) No 1306/2013</DocAmend2>

<Article2>Article 25</Article2>

 

Present text

Amendment

 

(-1) Article 25 is replaced by the following:

Article 25

"Article 25

Reserve for crises in the agricultural sector

Reserve for crises in the agricultural sector

A reserve intended to provide additional support for the agricultural sector in the case of major crises affecting the agricultural production or distribution ("the reserve for crises in the agricultural sector") shall be established by applying, at the beginning of each year, a reduction to direct payments with the financial discipline mechanism referred to in Article 26.

A reserve intended to provide additional support for the agricultural sector in the case of major crises affecting the agricultural production or distribution ("the reserve for crises in the agricultural sector") shall be established at the beginning of each year in the EAGF.

The total amount of the reserve shall be EUR2800 million with equal annual instalments of EUR400 million (at 2011 prices) for the period 2014-2020 and shall be included under Heading 2 of the Multiannual Financial Framework as set out in the Annex to Regulation (EU, Euratom) No1311/2013.

The total amount of the reserve shall be EUR 2800 million with equal annual instalments of EUR 400 million (at 2011 prices) for the period 2014-2020 and shall be included under Heading 2 of the Multiannual Financial Framework as set out in the Annex to Regulation (EU, Euratom) No1311/2013.

 

For 2021, the amount of the reserve shall be EUR 400 million (at 2011 prices) in addition to the EAGF and EAFRD budgets and shall be included under Heading 3 of the Multiannual Financial Framework as set out in the Annex to Council Regulation (EU) .../... *[MFF].

 

At the beginning of the years following2021, the amount of the reserve shall be at least equal to the initial amount allocated in 2021 and shall be adjusted through the annual budgetary procedure or during the year, where appropriate, in view of market crisis developments or perspectives in the current or following year and taking into account available revenues assigned to the EAGF or margins of available appropriations under the EAGF sub-ceiling.

 

Where those available appropriations are not sufficient, financial discipline may be used as a last resort to finance the reserve up to the amount of the year 2021 referred to in the third paragraph of this Article.

 

By way of derogation from point (d) of Article 12(2) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council*, non-committed appropriations of the reserve shall be carried over without time limitation to finance the reserve in the following financial years."

 

__________________

 

* Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).”

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1306

<TitreJust>Justification</TitreJust>

In line with the MFF position of the European Parliament, this amendment aims to state in the crisis reserve article that the initial capital of the reserve for the 2021-2027 period should be additional to the CAP budget and should be placed in the reserve at the beginning of the programming period. Moreover, in order do not lose this money at the end of the first year, the reform of the functioning of the reserve should be anticipated to allow the carryover of non-committed funds from 2021 to the following years.

</Amend>

<Amend>Amendment  <NumAm>73</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 9 – paragraph 1 – point 1</Article>

<DocAmend2>Regulation (EU) No 1306/2013</DocAmend2>

<Article2>Article 25 – paragraph 3</Article2>

 

Text proposed by the Commission

Amendment

(1) In Article 25, the following third subparagraph is added:

deleted

‘For 2021, the amount of the reserve shall be EUR 400 million (at 2011 prices) and shall be included under Heading 3 of the Multiannual Financial Framework as set out in the Annex to Council Regulation (EU) [xxxx/xxxx]*[MFF].’

 

</Amend>

<Amend>Amendment  <NumAm>74</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 9 – paragraph 1 – point 3</Article>

<DocAmend2>Regulation (EU) No 1306/2013</DocAmend2>

<Article2>Article 35 – paragraph 5</Article2>

 

Text proposed by the Commission

Amendment

5. For programmes for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of Regulation (EU) [XXXX/XXXX] [This Regulation], no pre-financing shall be granted for the 2021 allocation.

5. For programmes for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of Regulation (EU) [XXXX/XXXX] [This Regulation], no pre-financing shall be granted for the allocations during the transitional period referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation].

</Amend>

<Amend>Amendment  <NumAm>75</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 1</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 11 – paragraph 6 – subparagraph 4</Article2>

 

Text proposed by the Commission

Amendment

For the year 2021, Member States shall notify the Commission of the decisions taken in accordance with this Article and of any estimated product of reductions by 1 August 2020.

For every year of the transitional period referred to in Article -1 of Regulation (EU).../2020 of the European Parliament and of the Council [Transitional Regulation], Member States shall notify the Commission of the decisions taken in accordance with this Article and of any estimated product of reductions by 1 August of the preceding year.

</Amend>

<Amend>Amendment  <NumAm>76</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 2 – point a</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 14 – paragraph 1 – subparagraph 7</Article2>

 

Text proposed by the Commission

Amendment

By 1 August 2020, Member States may decide to make available, as additional support financed under the EAFRD in financial year 2022, up to 15 % of their annual national ceilings for the calendar year 2021 set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. That decision shall be notified to the Commission by 1 August 2020 and shall set out the percentage chosen.

By 31 December 2020, Member States may decide to make available, as additional support financed under the EAFRD in financial year 2022, up to 15 % of their annual national ceilings for calendar year 2021 set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen.

</Amend>

<Amend>Amendment  <NumAm>77</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 2 – point a a (new)</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 14 – paragraph 1 – subparagraph 7 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(aa) in paragraph 1, the following subparagraph is added:

 

"Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, Member States may decide by 31 December 2020, to make available, as additional support financed under the EAFRD in financial year 2023, up to 15 % of their annual national ceilings for the calendar year 2022 set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen."

</Amend>

<Amend>Amendment  <NumAm>78</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 2 – point b</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 14 – paragraph 2 – subparagraph 7</Article2>

 

Text proposed by the Commission

Amendment

By 1 August 2020, Member States which do not take the decision referred to in paragraph 1 for financial year 2022, may decide to make available as direct payments up to 15 %, or in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden up to 25 %, of the amount allocated to support financed under the EAFRD in financial year 2022 by Union legislation adopted after the adoption of Council Regulation (EU) [xxxx/xxxx]*[MFF]. As a result, the corresponding amount shall no longer be available for support financed under the EAFRD. That decision shall be notified to the Commission by 1 August 2020 and shall set out the percentage chosen.

By 31 December 2020, Member States which do not take the decision referred to in paragraph 1 for financial year 2022, may decide to make available as direct payments up to 15 %, or in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden up to 25 %, of the amount allocated to support financed under the EAFRD in financial year 2022 by Union legislation adopted after the adoption of Council Regulation (EU) [xxxx/xxxx]*[MFF]. As a result, the corresponding amount shall no longer be available for support financed under the EAFRD. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen.

_______________

_______________

* Council Regulation (EU) […] of […] [laying down the multiannual financial framework for the years 2021 to 2027 (OJ …..).’

* Council Regulation (EU) […] of […] [laying down the multiannual financial framework for the years 2021 to 2027 (OJ …..).’

</Amend>

<Amend>Amendment  <NumAm>79</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 2 – point b a (new)</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 14 – paragraph 2 – subparagraph 7 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(ba) in paragraph 2, the following subparagraph is added:

 

"Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, Member States which do not take the decision referred to in paragraph 1 of this Article for financial year 2023, may by 31 December 2020 decide to make available as direct payments up to 15 % or, in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden, up to 25 %, of the amount allocated to support financed under the EAFRD in financial year 2023 by Union legislation adopted after the adoption of Council Regulation (EU) …/… [MFF]. As a result, the corresponding amount shall no longer be available for support financed under the EAFRD. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen."

</Amend>

<Amend>Amendment  <NumAm>80</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 3</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 15a – title</Article2>

 

Text proposed by the Commission

Amendment

Notifications for calendar year 2021

Notifications for calendar years during the transitional period

</Amend>

<Amend>Amendment  <NumAm>81</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 3</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 15a – paragraph 1</Article2>

 

Text proposed by the Commission

Amendment

For calendar year 2021 Member States shall notify the percentages of the annual national ceiling referred to in Articles 22(2), 42(1), 49(1), 51(1) and 53(6) by 1 August 2020.

For every calendar year of the transitional period, Member States shall notify the percentages of the annual national ceiling referred to in Articles 22(2), 42(1), 49(1), 51(1) and 53(6) by 1 August of the preceding year.

</Amend>

<Amend>Amendment  <NumAm>82</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 4</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 22 – paragraph 5 – subparagraph 2</Article2>

 

Text proposed by the Commission

Amendment

For calendar year 2021, if the ceiling for a Member State set by the Commission pursuant to paragraph 1 is different from that of the previous year as a result of a change in the amount set out in Annex II or as a result of any decision taken by that Member State in accordance with paragraph 3 of this Article, Article 14(1) or (2), Article 42(1), Article 49(1), Article 51(1), or Article 53, that Member State shall linearly reduce or increase the value of all payment entitlements and/or reduce or increase the national reserve or regional reserves in order to ensure compliance with paragraph 4 of this Article.

For every calendar year of the transitional period, if the ceiling for a Member State set by the Commission pursuant to paragraph 1 is different from that of the previous year as a result of a change in the amount set out in Annex II or as a result of any decision taken by that Member State in accordance with paragraph 3 of this Article, Article 14(1) or (2), Article 42(1), Article 49(1), Article 51(1), or Article 53, that Member State shall linearly reduce or increase the value of all payment entitlements and/or reduce or increase the national reserve or regional reserves in order to ensure compliance with paragraph 4 of this Article.

</Amend>

<Amend>Amendment  <NumAm>83</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 5</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 23 – paragraph 6 – subparagraph 4</Article2>

 

Text proposed by the Commission

Amendment

For calendar year 2021, Member States applying the first subparagraph of paragraph 1 shall notify the Commission by 1 August 2020 of the decisions referred to in paragraph 2 and 3.

For every calendar year of the transitional period, Member States applying the first subparagraph of paragraph 1 shall notify the Commission by 1 August of the preceding year of the decisions referred to in paragraphs 2 and 3.

</Amend>

<Amend>Amendment  <NumAm>84</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 6</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 25 – paragraph 11– subparagraph 1 – introductory part</Article2>

 

Text proposed by the Commission

Amendment

After having applied the adjustment referred to in Article 22(5), Member States that have made use of the derogation provided for in paragraph 4 of this Article may decide that payment entitlements held by farmers on 31 December 2019 having a value lower than the national or regional unit value for the year 2020 as calculated in accordance with the second subparagraph of this paragraph have their unit value increased towards the national or regional unit value in the year 2020. The increase shall be calculated under the following conditions:

After having applied the adjustment referred to in Article 22(5), Member States that have made use of the derogation provided for in paragraph 4 of this Article shall ensure that payment entitlements held by farmers on 31 December 2019 and, where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, 31 December 2020, having a value lower than the national or regional unit value for the subsequent year of the transitional period as calculated in accordance with the second subparagraph of this paragraph have their unit value increased towards the national or regional unit value in the corresponding year. The increase shall be calculated under the following conditions:

</Amend>

<Amend>Amendment  <NumAm>85</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 6</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 25 – paragraph 11 – subparagraph 1 – point b</Article2>

 

Text proposed by the Commission

Amendment

(b) to finance the increase, all or part of the owned or leased-in payment entitlements held by farmers on 31 December 2019 having a value higher than the national or regional unit value in the year 2020 as calculated in accordance with the second subparagraph shall be reduced. That reduction shall apply to the difference between the value of those entitlements and the national or regional unit value in the year 2020. The application of that reduction shall be based on objective and non-discriminatory criteria, which may include the fixing of a maximum decrease.

(b) to finance the increase, all or part of the owned or leased-in payment entitlements held by farmers on 31 December 2019 and, where Article -1(2) of the Regulation (EU) .../... [Transitional Regulation] applies, 31 December 2020, having a value higher than the national or regional unit value in the subsequent year of the transitional period as calculated in accordance with the second subparagraph shall be reduced. That reduction shall apply to the difference between the value of those entitlements and the national or regional unit value in the corresponding year. The application of that reduction shall be based on objective and non-discriminatory criteria, which may include the fixing of a maximum decrease.

</Amend>

<Amend>Amendment  <NumAm>86</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 6</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 25 – paragraph 11 – subparagraph 2</Article2>

 

Text proposed by the Commission

Amendment

The national or regional unit value for the year 2020 referred to in the first subparagraph shall be calculated by dividing the national or regional ceiling for the basic payment scheme set in accordance with Article 22(1) or 23(2) for the year 2020, excluding the amount of the national or regional reserve(s), by the number of the owned or leased-in payment entitlements held by farmers on 31 December 2019.

The national or regional unit value for the years during the transitional period referred to in the first subparagraph shall be calculated by dividing the national or regional ceiling for the basic payment scheme set in accordance with Article 22(1) or 23(2) for the year in question, excluding the amount of the national or regional reserve(s), by the number of the owned or leased-in payment entitlements held by farmers on 31 December of the preceding year.

</Amend>

<Amend>Amendment  <NumAm>87</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 6</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 25 – paragraph 11 – subparagraph 3</Article2>

 

Text proposed by the Commission

Amendment

By way of derogation from the first subparagraph, Member States that have made use of the derogation provided for in paragraph 4 may decide to keep the value of payment entitlements calculated in accordance with that paragraph subject to the adjustment referred to in Article 22(5).

deleted

</Amend>

<Amend>Amendment  <NumAm>88</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 7</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 25 – paragraph 12</Article2>

 

Text proposed by the Commission

Amendment

12. For calendar year 2021, Member States may decide to apply further internal convergence by applying paragraph 11 to the respective year.

12. For the whole of the period of application of this Regulation, Member States shall apply further internal convergence by applying paragraph 11 to the respective year.

</Amend>

<Amend>Amendment  <NumAm>89</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 8</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 29 – paragraph 2 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, Member States shall notify, for calendar year 2022, any decisions referred to in Article 25(12) of this Regulation by 1 August 2021.

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1307-20200201)

</Amend>

<Amend>Amendment  <NumAm>90</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 9</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 30 – paragraph 8 – subparagraph 4</Article2>

 

Text proposed by the Commission

Amendment

For allocations from the reserve in 2021, the amount of the reserve to be excluded in accordance with the second subparagraph shall be adjusted in accordance with the second subparagraph of Article 22(5). For allocations from the reserve in 2021, the third subparagraph of this paragraph shall not apply.

For allocations from the reserve in 2021, and, where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, for allocations from the reserve in 2022, the amount of the reserve to be excluded in accordance with the second subparagraph shall be adjusted in accordance with the second subparagraph of Article 22(5). For allocations from the reserve in 2021 and, where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, for allocations from the reserve in 2022, the third subparagraph of this paragraph shall not apply.

</Amend>

<Amend>Amendment  <NumAm>91</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 10 a (new)</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 37 – paragraph 1 – subparagraph 1 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(10a) In Article 37(1), the following subparagraph is added:

 

"Member States granting transitional national aid in 2020 may continue to do so until the end of the transitional period referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation]."

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1307-20200201)

</Amend>

<Amend>Amendment  <NumAm>92</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 10 b (new)</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 37 – paragraph 4 – indents 6 a and 6 b (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(10b) In Article 37(4), the following indents are added:

 

“- 50 % in 2021,

 

- where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, 50 % in 2022.”

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1307-20200201)

</Amend>

<Amend>Amendment  <NumAm>93</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 13</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 58 – paragraph 3 – subparagraph 2 – indent 1</Article2>

 

Text proposed by the Commission

Amendment

 Bulgaria: EUR 624,11,

 Bulgaria: EUR X*

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

</Amend>

<Amend>Amendment  <NumAm>94</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 13</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 58 – paragraph 3 – subparagraph 2 – indent 2</Article2>

 

Text proposed by the Commission

Amendment

 Greece: EUR 225,04,

 Greece: EUR X*,

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

</Amend>

<Amend>Amendment  <NumAm>95</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 13</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 58 – paragraph 3 – subparagraph 2 – indent 3</Article2>

 

Text proposed by the Commission

Amendment

 Spain: EUR 348,03,

 Spain: EUR X*,

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

</Amend>

<Amend>Amendment  <NumAm>96</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 13</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 58 – paragraph 3 – subparagraph 2 – indent 4</Article2>

 

Text proposed by the Commission

Amendment

 Portugal: EUR 219,09.;

 Portugal: EUR X*.;

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

</Amend>

<Amend>Amendment  <NumAm>97</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 – point 13</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Article 58 – paragraph 3 – subparagraph 2 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, the amount of the crop-specific payment per hectare of eligible area shall be calculated for 2022 by multiplying the yields established in paragraph 2 with the following reference amounts:

 

– Bulgaria: EUR X*,

 

– Greece: EUR X*,

 

– Spain: EUR X*,

 

– Portugal: EUR X*a.

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1307-20200201)

</Amend>

<Amend>Amendment  <NumAm>98</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 1</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 29 – paragraph 2 – subparagraph 2 – point a</Article2>

 

Text proposed by the Commission

Amendment

(a) EUR 10 666 000 for Greece;

(a) EUR X* for Greece;

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

</Amend>

<Amend>Amendment  <NumAm>99</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 1</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 29 – paragraph 2 – subparagraph 2 – point b</Article2>

 

Text proposed by the Commission

Amendment

(b) EUR 554 000 for France;

(b) EUR X* for France;

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

</Amend>

<Amend>Amendment  <NumAm>100</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 1</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 29 – paragraph 2 – subparagraph 2 – point c</Article2>

 

Text proposed by the Commission

Amendment

(c) EUR 34 590 000 for Italy.;

(c) EUR X* for Italy.;

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

</Amend>

<Amend>Amendment  <NumAm>101</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 1</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 29 – paragraph 2 – subparagraph 2 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, the Union financing for the work programmes referred to in paragraph 1 shall, for 2022, be:

 

(a) EUR X* for Greece;

 

(b) EUR X* for France; and

 

(c) EUR X* for Italy.

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1308-20190101)

</Amend>

<Amend>Amendment  <NumAm>102</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 2</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 58 – paragraph 2 – subparagraph 2</Article2>

 

Text proposed by the Commission

Amendment

The Union financing for the aid to producer organisations provided for in paragraph 1 shall be for 2021 EUR 2 188 000 for Germany.

The Union financing for the aid to producer organisations provided for in paragraph 1 shall be for 2021 EUR X* for Germany.

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

</Amend>

<Amend>Amendment  <NumAm>103</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 2</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 58 – paragraph 2 – subparagraph 2 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, the Union financing for the aid to producer organisations provided for in paragraph 1 shall, for 2022, be EUR X* for Germany.

 

__________________

 

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1308-20190101)

</Amend>

<Amend>Amendment  <NumAm>104</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 2 a (new)</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 68 – paragraph 1</Article2>

 

Present text

Amendment

 

(2 a) in Article 68, paragraph 1 is replaced by the following:

1. Planting rights granted to producers in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 before 31 December 2015 which have not been used by those producers and are still valid by that date may be converted into authorisations under this Chapter as from 1 January 2016.

"1. Planting rights granted to producers in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 before 31 December 2015 which have not been used by those producers and are still valid by that date may be converted into authorisations under this Chapter as from 1 January 2016. Such conversion shall take place upon a request to be submitted by those producers before 31 December 2015. Member States may decide to allow producers to submit such a request to convert rights into authorisations until 31 December of the last year of the transitional period as referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation].

Such conversion shall take place upon a request to be submitted by those producers before 31 December 2015. Member States may decide to allow producers to submit such a request to convert rights into authorisations until 31 December 2020.

 

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1308-20190101)

</Amend>

<Amend>Amendment  <NumAm>105</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 2 b (new)</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 68 – paragraph 2</Article2>

 

Present text

Amendment

 

(2b) in Article 68, paragraph 2 is replaced by the following:

2. Authorisations granted pursuant to paragraph 1 shall have the same period of validity as the planting rights referred to in paragraph 1. If these authorisations are not used, they shall expire at the latest by 31 December 2018, or, where a Member State has taken the decision referred to in the second subparagraph of paragraph 1, at the latest by 31 December 2023.

"2. Authorisations granted pursuant to paragraph 1 shall have the same period of validity as the planting rights referred to in paragraph 1. If these authorisations are not used, they shall expire at the latest by 31 December 2018, or, where a Member State has taken the decision referred to in the second subparagraph of paragraph 1, at the latest by 31 December of the third year after the end of the transitional period referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation].”

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1308-20190101)

</Amend>

<Amend>Amendment  <NumAm>106</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 2 c (new)</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 167 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(2c) In Title II, Chapter III, Section 4, the following Article is added:

 

“Article 167a

 

Marketing rules to improve and stabilise the operation of the common market in the olive oil sector

 

1. In order to improve and stabilise the operation of the common market in the olive oil sector, producer Member States may lay down marketing rules to regulate supply. Such rules shall be proportionate to the objective pursued and shall not:

 

(a) relate to any transaction after the first marketing of the produce concerned;

 

(b) allow for price fixing, including where prices are set for guidance or recommendation;

 

(c) render unavailable an excessive proportion of the yield that would otherwise be available.

 

2. The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned.

 

3. Member States shall notify the Commission of any decisions taken under this Article.”

 (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308-20190101&from=EN)

<TitreJust>Justification</TitreJust>

The inclusion of a new article with the purpose of being able to apply a similar mechanism to that included in Article 167 Regulation (EU) 1308/2013 for the wine sector to the olive oil sector, which would allow for the specific needs of the sector to be met by improving its power to self-regulate.

</Amend>

<Amend>Amendment  <NumAm>107</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 2 d (new)</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 211 – paragraph 2 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(2d) In Article 211, the following paragraph is added :

 

"2a. By way of derogation from  paragraph 1 and in order to limit the effects of income variability, by encouraging farmers to build up savings in good years in order to cope with bad years, Articles 107, 108 and 109 TFEU shall not apply to national fiscal measures whereby Member States decide to deviate from general tax rules by allowing for the income tax base applied to farmers to be calculated on the basis of a multiannual period, including by carrying forward part of the tax base including by deferring part of the tax base, or by allowing the exclusion of amounts placed in a dedicated agricultural savings account."

 (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308-20190101&from=EN)

<TitreJust>Justification</TitreJust>

In order to help farmers face income variability, Member States may adapt their national fiscal measures to allow multiannual period basis or temporary exclusion of amounts placed in dedicated saving accounts. Such measures should be exempted from state aid rules.

</Amend>

<Amend>Amendment  <NumAm>108</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 2 e (new)</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Article 214a – paragraph 1 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(2e) In Article 214a, the following paragraph is inserted after the first paragraph:

 

"By way of derogation from the first paragraph and subject to authorisation by the Commission, Finland may, during the transitional period provided for in Article -1 of Regulation (EU) .../... [Transitional Regulation], continue to grant national aid which it granted in 2020 to producers on the basis of this Article. "

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1308-20190101)

</Amend>

<Amend>Amendment  <NumAm>109</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 3 a (new)</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Annex VIII – Part I – Section D – point 7 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(3a) In Annex VIII, Part I, Section D, the following point is added:

 

“7a. Notwithstanding points 1 and 3, in specific cases and for duly substantiated reasons and in the presence of homogeneous productive and environmental characteristics, Member States may authorise the processes referred to in Sections B and C to be carried out in a wine-growing zone bordering the zone in which the fresh grapes used were harvested.”

 (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308-20190101&from=EN)

</Amend>

<Amend>Amendment  <NumAm>110</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 1 – point 3 b (new)</Article>

<DocAmend2>Regulation (EU) No 1308/2013</DocAmend2>

<Article2>Annex VIII – Part I – Section D – point 7 b (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(3b) In Annex VIII, Part I, Section D, the following point is added:

 

“7b. In winegrowing regions affected by the area bordering the two winegrowing areas and in the presence of homogeneous productive and environmental characteristics, Member States may, notwithstanding points 1 and 3, authorise the processes referred to in Sections B and C to be carried out in a wine-growing zone bordering the zone in which the fresh grapes used were harvested.”

 (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308-20190101&from=EN)

</Amend>

<Amend>Amendment  <NumAm>111</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 12 – paragraph -1 (new)</Article>

<DocAmend2>Regulation (EU) No 228/2013</DocAmend2>

<Article2>Article 22 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(-1) The following Article is inserted:

 

“Article 22a

 

Agreements within the trade

 

1. By way of derogation from Articles 164 and 165 of Regulation (EU) No 1308/2013, where an interbranch organisation recognised pursuant to Article 157 of that Regulation, operating in an outermost region and considered to be representative of the production of, or trade in, or processing of one or more products of that region, the Member State concerned may, at the request of that interbranch organisation, make binding for a renewable period of one year agreements, decisions or concerted practices agreed within that organisation for other economic operators acting in the outermost region in question, whether individuals or groups, who do not belong to that organisation.

 

2. Where the rules of a recognised interbranch organisation are extended pursuant to paragraph 1, and the activities covered by those rules are in the general economic interest of economic operators whose activities relate to products solely destined for the local market of that outermost region, the Member State may, after consulting the relevant stakeholders, decide that individual economic operators or groups, which are not members of that interbranch organisation but which operate on the market in question, are to pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.

 

3. The Member State concerned shall inform the Commission of any agreement the scope of which is extended in accordance with this Article.”

 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R0228-20191214)

</Amend>

<Amend>Amendment  <NumAm>112</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 12 – paragraph 1</Article>

<DocAmend2>Regulation (EU) No 228/2013</DocAmend2>

<Article2>Article 30 – paragraph 2</Article2>

 

Text proposed by the Commission

Amendment

2. In respect of each financial year, the Union shall finance the measures provided for in Chapters III and IV, up to an annual sum of:

deleted

 in the French overseas departments: EUR 267 580 000,

 

 Azores and Madeira: EUR 102 080 000,

 

 Canary Islands: EUR 257 970 000.

 

</Amend>

<Amend>Amendment  <NumAm>113</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 12 – paragraph 1</Article>

<DocAmend2>Regulation (EU) No 228/2013</DocAmend2>

<Article2>Article 30 – paragraph 3 – subparagraph 1 – indent 1</Article2>

 

Text proposed by the Commission

Amendment

 in the French overseas departments: EUR 25 900 000,

 in the French overseas departments: EUR 35 000 000,

</Amend>

<Amend>Amendment  <NumAm>114</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 12 – paragraph 1</Article>

<DocAmend2>Regulation (EU) No 228/2013</DocAmend2>

<Article2>Article 30 – paragraph 3 – subparagraph 1 – indent 2</Article2>

 

Text proposed by the Commission

Amendment

 Azores and Madeira: EUR 20 400 000,

deleted

</Amend>

<Amend>Amendment  <NumAm>115</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 12 – paragraph 1</Article>

<DocAmend2>Regulation (EU) No 228/2013</DocAmend2>

<Article2>Article 30 – paragraph 3 – subparagraph 1 – indent 3</Article2>

 

Text proposed by the Commission

Amendment

 Canary Islands: EUR 69 900 000.

deleted

</Amend>

<Amend>Amendment  <NumAm>116</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 13</Article>

<DocAmend2>Regulation (EU) No 229/2013</DocAmend2>

<Article2>Article 18 – paragraphs 2 and 3</Article2>

 

Text proposed by the Commission

Amendment

Article 13

deleted

Amendments to Regulation (EU) No 229/2013

 

In Article 18 of Regulation (EU) No 229/2013, paragraphs 2 and 3 are replaced by the following:

 

 

2. The Union shall finance the measures provided for in Chapters III and IV up to an amount of EUR 23 000 000.

 

3. The amount allocated to finance the specific supply arrangements referred to in Chapter III shall not exceed EUR 6 830 000.' .

 

 

</Amend>

<Amend>Amendment  <NumAm>117</NumAm>

 

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Annex I – paragraph 1 – point 2</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Annex I – part 2 – title</Article2>

 

Text proposed by the Commission

Amendment

Part two: Breakdown of union support for rural development (2021)

Part two: Breakdown of Union support for rural development (yearly for the transitional period as provided for in Article -1 of Regulation (EU)…/... [Transitional Regulation])

</Amend>

<Amend>Amendment  <NumAm>118</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Annex I – paragraph 1 – point 2</Article>

<DocAmend2>Regulation (EU) No 1305/2013</DocAmend2>

<Article2>Annex I – part 2 – table</Article2>

 

Text proposed by the Commission

(Current prices in EUR)

 

2021

Belgium

67 178 046

Bulgaria

281 711 396

Czechia

258 773 203

Denmark

75 812 623

Germany

989 924 996

Estonia

87 875 887

Ireland

264 670 951

Greece

509 591 606

Spain

1 001 202 880

France

1 209 259 199

Croatia

281 341 503

Italy

1 270 310 371

Cyprus

15 987 284

Latvia

117 307 269

Lithuania

195 182 517

Luxembourg

12 290 956

Hungary

416 202 472

Malta

12 207 322

Netherlands

73 151 195

Austria

480 467 031

Poland

1 317 890 530

Portugal

493 214 858

Romania

965 503 339

Slovenia

102 248 788

Slovakia

227 682 721

Finland

292 021 227

Sweden

211 550 876

Total EU

11 230 561 046

Technical Assistance

28 146 770

Total

11 258 707 816

 

Amendment

(Current prices in EUR)

 

Transitional period as provided for in Article -1 of Regulation (EU) …/... [Transitional Regulation] (yearly*)

Belgium

X

Bulgaria

X

Czechia

X

Denmark

X

Germany

X

Estonia

X

Ireland

X

Greece

X

Spain

X

France

X

Croatia

X

Italy

X

Cyprus

X

Latvia

X

Lithuania

X

Luxembourg

X

Hungary

X

Malta

X

Netherlands

X

Austria

X

Poland

X

Portugal

X

Romania

X

Slovenia

X

Slovakia

X

Finland

X

Sweden

X

Total EU

X

Technical Assistance

X

Total

X

___________________

* In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament takes a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

</Amend>

<Amend>Amendment  <NumAm>119</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Annex II – paragraph 1 – point 1</Article>

<DocAmend2>Regulation (EU) No 1307/2013</DocAmend2>

<Article2>Annex II – table – column 7a</Article2>

 

Text proposed by the Commission

Amendment

2021

Transitional period as provided for in Article -1 of Regulation (EU) …/... [Transitional Regulation] (yearly*)

485 604

X

773 772

X

838 844

X

846 125

X

4 823 108

X

167 722

X

1 163 938

X

1 856 029

X

4 710 172

X

7 147 787