European Parliament legislative resolution of 19 November 2008 on the Council common position for adopting a regulation of the European Parliament and of the Council on Community statistics on public health and health and safety at work (9815/3/2008 – C6-0343/2008 – 2007/0020(COD))

P6_TA(2008)0546 A6-0425/2008

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (9815/3/2008 – C6-0343/2008)(1),

–   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2007)0046),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0425/2008),

1.  Approves the common position;

2.  Notes that the act is adopted in accordance with the common position;

3.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

4.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

5.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 280 E, 4.11.2008, p. 1. (2) OJ C 282 E, 6.11.2008, p. 109.

European Parliament legislative resolution of 19 November 2008 on the proposal for a directive of the European Parliament and of the Council amending Council Directives 68/151/EEC and 89/666/EEC as regards publication and translation obligations of certain types of companies (COM(2008)0194 – C6-0171/2008 – 2008/0083(COD))

P6_TA(2008)0547 A6-0400/2008

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0194),

–   having regard to Article 251(2) and Article 44(2)(g) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0171/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of Committee on Economic and Monetary Affairs (A6-0400/2008),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 19 November 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Council Directives 68/151/EEC, 77/91/EEC and 89/666/EEC as regards publication and translation obligations of certain types of companies

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 44(2)(g) thereof,

Having regard to the proposal from the Commission║,

Having regard to the opinion of the European Economic and Social Committee(1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),

Whereas:

(1)  The European Council agreed, at its meeting on 8 and 9 March 2007, that administrative burdens on companies should be reduced by 25 % by the year 2012 in order to enhance the competitiveness of companies in the Community.

(2)  Company law has been identified as one area that contains a high number of information obligations for companies, some of which seem outdated or excessive.

(3)  Those information obligations need to be reviewed in order to reduce the burdens weighing on companies within the Community to the minimum required to ensure the protection of the interests of other stakeholders.

(4)  Under the First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community(3), limited-liability companies need to disclose, by way of publication, certain information that has to be entered into the Member States' central register, commercial register or companies register. This publication, in many Member States, has to take place by using the national gazette and sometimes, in addition, through the national or regional newspapers.

(5)  In most cases, the publication obligations entail additional costs for the companies concerned without providing real added value given that company registers make their information available online. Initiatives – such as the future European e-Justice portal – aimed at facilitating the Community-wide access to such registers further reduce the need to publish that information in a national gazette or in other print media.

(6)  In order to allow for a cost-effective publication that provides users with easy access to the information, Member States should make mandatory the use of a central electronic platform. This platform should either contain all the information that is required to be disclosed or give access to that information in the company's electronic file in the Member States' registers. Member States should, furthermore, ensure that any costs charged to companies for such publication are included in a single fee, together with those, if any, that are charged for entries in the register. Any existing publication obligations in Member States should not lead to any additional specific fees. This should not, however, prejudice the freedom of Member States to pass on to companies the costs connected with the setting-up and operation of the platform, including the formatting of documents, either by including those costs in registration fees or by demanding a mandatory periodical contribution from companies.

(7)  In line with the principle of subsidiarity, Member States may continue all other existing national forms of publication, provided that they are well defined and based on objective conditions, particularly in the interests of legal certainty and information security and having regard to the availability of access to the internet and national practices. Member States should cover the costs of such supplementary publication obligations within the single fee.

(8)  Consistently with the use of a central electronic platform, the Second Council Directive 77/91/EEC of 13 December 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent(4) should be amended.

(9)  The Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State(5) requires certain information concerning the company ║ to be disclosed. The Member State in which the branch is situated, hereinafter "the host Member State", is currently ║ able to require that a limited number of documents in that context ║ be translated into another official language of the Community.

(10)  That possibility should be maintained as well as the possibility, for the host Member State, of requiring in some limited cases that the translation be certified, as the interests of third parties may make it necessary to ensure, through such certification, that the translation is sufficiently reliable.

(11)  A translation may, however, ║ be deemed sufficiently reliable if it has been certified by a translator who has been officially appointed and sworn in another Member State or by any other person authorised in that Member State to certify translations into the language required. It should not, in this case, be open to the host Member State ║ to require any additional certification under its own rules.

(12)  The same applies where a document required for the registration of the branch can be produced, by the register where the company's file is held, in the official language of the Community required by the host Member State. In this case too, an additional certification does not seem justified.

(13)  Furthermore, Member States ║ should not be able to impose any formality relating to the language of the document that goes beyond the certification. In particular, requirements for notarisation of an already certified translation exceed what is required to guarantee a sufficient degree of reliability.

(14)  Since the objective of this Directive, namely reducing administrative burdens relating to publication and translation obligations of certain types of companies within the Community, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(15)  Directives 68/151/EEC, 77/91/EEC and 89/666/EEC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendment of Directive 68/151/EEC

Article 3(4) of Directive 68/151/EEC is replaced by the following:"

4.  Disclosure of the documents and particulars referred to in Article 2 shall be effected by publication through a central electronic platform that allows access to the information disclosed in chronological order.

Member States shall ensure that companies are not charged a specific fee in respect of a publication on the central electronic platform or in respect of any additional publication obligation imposed by Member States relating to those documents and particulars. This provision shall not affect the ability of Member States to pass on to companies the costs in respect of the central electronic platform.

Article 2

Amendment of Directive 77/91/EEC

Article 29(3) of Directive 77/91/EEC is replaced by the following:"

Any offer of subscription on a pre-emptive basis and the period within which the right of pre-emption is to be exercised shall be published in the national gazette. However, the laws of a Member State need not provide for such publication where all a company's shares are registered. In such case, all the company's shareholders must be informed in writing. The period within which the right of pre-emption is to be exercised shall not be less than 14 days from the date of publication of the offer or from the date of dispatch of the letters to the shareholders.

Article 3

Amendment of Directive 89/666/EEC

Article 4 of Directive 89/666/EEC is replaced by the following:"

Article 4

1.  The Member State in which the branch has been opened may stipulate that the documents referred to in point (b) ▌of Article 2(2) and in Article 3 must be disclosed in an official language of the Community other than the official language of the register referred to in point (c) of Article 2(1), and that the translation of such documents must be certified. Where a Member State requires certification, the translation shall be ▌certified by a person duly qualified in any ▌Member State.

2.  Paragraph 1 shall apply mutatis mutandis to the attestation referred to in point (c) of Article 2(2), unless the attestation has been issued from the register referred to in point (c) of Article 2(1) in the official language required by the Member State in which the branch has been opened.

3.  Member States shall not impose any additional formal requirement relating to the translation of the documents ▌other than those referred to in paragraphs 1 and 2.

Article 4

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 May 2010 ║. Member States may continue all other existing national forms of publication, provided that they are well defined and based on objective conditions, particularly in the interests of legal certainty and information security and having regard to the availability of access to the internet and national practices. Member States shall cover the costs of such supplementary publication obligations within the single fee. They shall forthwith communicate to the Commission the text of such laws, regulations and administrative provisions, together with a table showing the correlation between them and this Directive.

When they are adopted by Member States, these measures, shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

Entry into force

This Directive shall enter into force on the twentieth day following ║ its publication in the Official Journal of the European Union.

Article 6

Addressees

This Directive is addressed to the Member States.

Done at ║,

For the European Parliament For the Council

The President The President

(1) OJ C (2) Position of the European Parliament of 19 November 2008 (not yet published in the Official Journal) and Council Decision of .... (3) OJ L 65, 14.3.1968, p. 8. ║ (4) OJ L 26, 31.1.1977, p. 1. (5) OJ L 395, 30.12.1989, p. 36.

European Parliament legislative resolution of 19 November 2008 on the proposal for a regulation of the European Parliament and of the Council on European Statistics (COM(2007)0625 – C6-0346/2007 – 2007/0220(COD))

P6_TA(2008)0548 A6-0349/2008

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0625),

–   having regard to Articles 251(2) and 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0346/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs (A6-0349/2008),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 19 November 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on European Statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 223/2009.)

European Parliament legislative resolution of 19 November 2008 on the proposal for a Council regulation establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (COM(2008)0306 – C6-0240/2008 – 2008/0103(CNS))

P6_TA(2008)0549 A6-0402/2008

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0306),

–   having regard to Articles 36, 37 and 299(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0240/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on Budgets, the Committee on the Environment, Public Health and Food Safety and the Committee on Regional Development (A6-0402/2008),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission   Amendment Amendment 1 Proposal for a regulation Recital 1 a (new) (1a)  The dismantling of bureaucracy in the agricultural sector should be pursued by means of transparent, simpler and less cumbersome legislation. Only by reducing costs and administrative burdens can the common agricultural policy help entrepreneurial farmers to become competitive on globalised markets. Amendment 3 Proposal for a regulation Recital 2 a (new) (2a)  Continuous efforts should be made towards achieving simplification, improvement and harmonisation of the cross-compliance system. The Commission should therefore present a report on the application of the cross-compliance system every two years. Amendment 4 Proposal for a regulation Recital 2 b (new) (2b)  Reduced administrative burdens, harmonised checks, amalgamation of checks, including within the Union institutions, and timely payments would increase the overall support among farmers for the cross-compliance system and thus increase the effectiveness of the policy. Amendment 5 Proposal for a regulation Recital 2 c (new) (2c)  In order to limit the burden on farmers, Member States and the Union institutions should be encouraged to keep both the number of on-the-spot checks and the number of supervisory agencies to a minimum, without prejudice to the provisions of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/20031. Member States should therefore be allowed to perform minimum controls at the level of the paying agency. Further, Member States and the Union institutions should be encouraged to take additional measures to limit the number of persons carrying out the controls, to ensure that they are properly trained and to limit the period during which an on-the-spot check may be carried out on a particular farm to a maximum of one day. The Commission should assist Member States in meeting the requirements for integrated sample selections. Sample selection for on-the-spot checks should be carried out independently from specific minimum control percentages as provided for under the specific legislation falling within the scope of cross-compliance. ________ 1 OJ L 141, 30.4.2004, p. 18. Amendment 6 Proposal for a regulation Recital 2 d (new) (2d)  Member States should ensure that farmers are not penalised twice (i.e. through the reduction or withholding of payments, as well as a fine following non-compliance with the relevant national legislation) for the same instance of non-compliance. Amendment 7 Proposal for a regulation Recital 3 (3)  Furthermore, in order to avoid the abandonment of agricultural land and ensure that it is maintained in good agricultural and environmental condition, Regulation (EC) No 1782/2003 established a Community framework within which Member States adopt standards taking account of the specific characteristics of the areas concerned, including soil and climatic conditions and existing farming systems (land use, crop rotation, farming practices) and farm structures. The abolition of compulsory set aside within the single payment scheme may in certain cases have adverse effects for the environment, in particular as regards certain landscape features. It is therefore appropriate to reinforce the existing Community provisions aiming at protecting, where appropriate, specified landscape features. (3)  Furthermore, in order to avoid the abandonment of agricultural land and ensure that it is maintained in good agricultural and environmental condition, Regulation (EC) No 1782/2003 established a Community framework within which Member States adopt standards taking account of the specific characteristics of the areas concerned, including soil and climatic conditions and existing farming systems (land use, crop rotation, farming practices) and farm structures. The abolition of compulsory set aside within the single payment scheme may in certain cases have adverse effects for the environment, in particular as regards ordinary biodiversity and certain landscape features. It is therefore appropriate to reinforce the existing Community provisions aiming at protecting, where appropriate, biodiversity and specified landscape features. While taking account of the need to ensure the highest water quality standards, as laid down in Community legislation, no further restrictions should be imposed which would impede desirable rural development. Amendment 8 Proposal for a regulation Recital 4 (4)  Protection and management of water in the context of the agricultural activity has increasingly become a problem in certain areas. It is therefore appropriate to also reinforce the existing Community framework for good agricultural and environmental condition with the aim to protect water against pollution and run-off and to manage the use of water. (4)  Protection and management of water in the context of the agricultural activity is increasingly becoming a problem in an ever- larger part of the Community. It is therefore appropriate to also reinforce the existing Community framework for good agricultural and environmental condition with the aim to protect water against pollution and run-off and to manage the use of water, including reducing the substantial annual wastage of water through better agronomic and water management systems. Amendments 190 and 226 Proposal for a regulation Recital 6 (6)  In order to achieve a better balance between policy tools designed to promote sustainable agriculture and those designed to promote rural development, a system of compulsory progressive reduction of direct payments ("modulation") was introduced by Regulation (EC) No 1782/2003. This system should be maintained including the exemption of payments up to EUR 5 000 from its application. (6)  In order to achieve a better balance between policy tools designed to promote sustainable agriculture and those designed to promote rural development, a system of compulsory progressive reduction of direct payments ("modulation") was introduced by Regulation (EC) No 1782/2003. This system should be maintained including the exemption of payments up to EUR 10 000 from its application. Amendment 10 Proposal for a regulation Recital 7 (7)  The savings made through the modulation mechanism introduced by Regulation (EC) No 1782/2003 are used to finance measures under the rural development policy. Since the adoption of that regulation the agricultural sector has been faced with a number of new and demanding challenges such as climate change, the increasing importance of bio energy, as well as the need for a better water management and a more effective protection of biodiversity. The European Community, as party to the Kyoto Protocol, has been called to adapt its policies in the light of the climate change considerations. Furthermore, following serious problems related to water scarcity and droughts, water management issues should be further addressed. Protecting biodiversity remains a major challenge and while important progress has been made, the achievement of the European Community's biodiversity target for 2010 will require additional efforts. The Community acknowledges the need to tackle these new challenges in the framework of its policies. In the area of agriculture, rural development programs adopted under Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) are an appropriate tool to deal with them. To enable Member States to revise their rural development programmes accordingly without being required to reduce their current rural development activities in other areas, additional funding needs to be made available. However, the financial perspectives for the period 2007 to 2013 do not provide for the financial means to reinforce the Community's rural development policy as necessary. Under these circumstances it is appropriate to mobilise a large part of the financial resources needed by providing for a gradual increase of the reduction of direct payments through modulation. (7)  The savings made through the modulation mechanism introduced by Regulation (EC) No 1782/2003 are used to finance measures under the rural development policy. Since the adoption of that regulation the agricultural sector has been faced with a number of new and demanding challenges such as climate change, the increasing importance of bio energy, as well as the need for a better water management and a more effective protection of biodiversity. The European Community, as party to the Kyoto Protocol, has been called to adapt its policies in the light of the climate change considerations. Furthermore, following serious problems related to water scarcity and droughts, water management issues should be further addressed. Protecting biodiversity remains a major challenge and while important progress has been made, the achievement of the European Community's biodiversity target for 2010 will require additional efforts. The Community acknowledges the need to tackle these new challenges in the framework of its policies. In the area of agriculture, rural development programs adopted under Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) are an appropriate tool to deal with them. Some Member States already have rural development programmes in place that address the new challenges. However, to enable all Member States to operate rural development programmes without being required to reduce their current rural development activities in other areas, additional funding needs to be made available. However, the financial perspectives for the period 2007 to 2013 do not provide for the financial means to reinforce the Community's rural development policy as necessary. Under these circumstances it is appropriate to mobilise a large part of the financial resources needed by providing for a gradual increase of the reduction of direct payments through modulation. Amendments 11, 197 and 210 Proposal for a regulation Recital 8 (8)  The distribution of direct income support among farmers is characterised by the allocation of a large share of payments to a rather limited number of large beneficiaries. It is clear that larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently attained. Moreover, the potential to adapt makes it easier to larger beneficiaries to operate with lower levels of unitary support. It therefore seems equitable to expect farmers with high amounts of support to make a particular contribution to the financing of rural development measures addressing new challenges. Therefore, it appears appropriate to establish a mechanism providing for an increased reduction of the highest payments the proceeds of which should also be used to deal with new challenges in the framework of rural development. To ensure the proportionality of this mechanism the additional reductions should increase progressively according to the amounts of the payments concerned. (8)  The distribution of direct income support among farmers is characterised by the allocation of a large share of payments to a rather limited number of large beneficiaries. Irrespective of their business structure, larger beneficiaries may not require the same level of unitary support for the objective of income support to be efficiently attained. Moreover, the potential to adapt makes it easier to larger beneficiaries to operate with lower levels of unitary support. It therefore seems equitable to expect farmers with high amounts of support – taking into account the total wage bill of each farm – to make a particular contribution to the financing of rural development measures addressing new challenges. Therefore, it appears appropriate to establish a mechanism providing for an increased reduction of the highest payments the proceeds of which should also be used to deal with new challenges in the framework of rural development. To ensure the proportionality of this mechanism the additional reductions should increase progressively according to the amounts of the payments concerned. Nevertheless, the situation should be avoided where associative bodies that bring together a large number of farmers with their respective farms, as is the case for agricultural cooperatives, and that comply with the definition of 'farmer' laid down in Article 2 of this Regulation are considered as large beneficiaries, which would entail the corresponding reduction in payments. To this end, it should be specified which bodies meet these conditions so that they are exempted from possible progressivity. Furthermore, in order to avoid further fragmentation in the agricultural sector, producer associations that channel the direct payment should not be considered large beneficiaries when applying the modulation mechanism. Amendment 12 Proposal for a regulation Recital 8 a (new) (8a)  Member States should also be given a special support option in order to adequately meet new challenges which may arise from the effects of the CAP health check. Amendment 13 Proposal for a regulation Recital 16 (16)  In order to help farmers to meet the standards of modern, high-quality agriculture, it is necessary that Member States operate a comprehensive system offering advice to commercial farms. The farm advisory system should help farmers to become more aware of material flows and on-farm processes relating to the environment, food safety, animal health and welfare without in any way affecting their obligation and responsibility to respect those standards. (16)  In order to help farmers to meet the standards of modern, high-quality agriculture, it is necessary that Member States operate a comprehensive system offering advice to all farmers. The farm advisory system should help farmers to produce efficiently and in a cost-effective way and to become more aware of material flows and on-farm processes relating to the environment, food safety, animal health and welfare without in any way affecting their obligation and responsibility to respect those standards. Amendment 14 Proposal for a regulation Recital 19 (19)  The management of small amounts is a burdensome task for the competent authorities of the Member States. To avoid excessive administrative burden it is appropriate for Member States to refrain from granting direct payments where the payment would be lower than the Community average support for one hectare or the eligible area of the holding for which support is claimed would relate to less than one hectare. Special provision should be made for those Member States whose farm structure differs significantly from the average Community one. Member States should be given discretion to opt for the implementation of one of the two criteria taking account of the particularities of the structures of their agricultural economies. As special payment entitlements were allocated to farmers with so-called 'landless' holdings the application of the hectare-based threshold would be ineffective. Such farmers should therefore be subject to the averages support-based minimum amount. (19)  The management of small amounts is a burdensome task for the competent authorities of the Member States. Member States may decide not to grant direct payments below a minimum threshold to be determined. Amendment 15 Proposal for a regulation Recital 21 (21)  Payments provided for under Community support schemes should be made by the competent national authorities to beneficiaries in full, subject to any reductions provided for in this Regulation, and within prescribed periods. In order to render the management of direct payments more flexible, Member States should be allowed to pay direct payments in two instalments per year. (21)  Payments provided for under Community support schemes should be made by the competent national authorities to beneficiaries in full, subject to any reductions provided for in this Regulation, and within prescribed periods. In order to render the management of direct payments more flexible, Member States should be allowed to pay direct payments in two instalments per year with a view, on the one hand, to making provision, in the event of late payment, for the inclusion of interest at the market rate and, on the other, subject to the needs of the sector, to giving the Member States flexibility in deciding payment dates. Amendment 16 Proposal for a regulation Recital 23 (23)  In order to achieve the objectives of the common agricultural policy, common support schemes have to be adapted to changing developments, if necessary within short time limits. Beneficiaries cannot, therefore, rely on support conditions remaining unchanged and should be prepared for a possible review of schemes in particular in the light of economic developments or the budgetary situation. deleted Amendment 17 Proposal for a regulation Recital 23 a (new) (23a)  The first pillar of the common agricultural policy should be retained in the future so as to guarantee the key role which farmers play as motors of the economy in numerous rural regions, as well as being guardians of the landscape and ensuring the high standards of food safety required by the Union. Amendment 18 Proposal for a regulation Recital 24 (24)  Regulation (EC) No 1782/2003 established a single payment scheme that combined the existing various support mechanisms into a single scheme of de-coupled direct payments. Experience with the application of the single payment scheme shows that certain of its elements can be simplified to the benefit of farmers and administrations. Furthermore, given that the single payment scheme has in the meantime been implemented by all Member States that were required to do so, a number of provisions that were linked to its initial implementation have become obsolete and should therefore be adjusted. In this context, a significant under use of payment entitlements has been detected in some cases. To avoid such situation and taking into account that farmers are already familiar with the functioning of the single payment scheme, the period initially fixed for reverting unused payment entitlements to the national reserve should be reduced to two years. (24)  Regulation (EC) No 1782/2003 established a single payment scheme that combined the existing various support mechanisms into a single scheme of de-coupled direct payments. Experience with the application of the single payment scheme shows that certain of its elements can be simplified to the benefit of farmers and administrations. Furthermore, given that the single payment scheme has in the meantime been implemented by all Member States that were required to do so, a number of provisions that were linked to its initial implementation have become obsolete and should therefore be adjusted. In this context, a significant under use of payment entitlements has been detected in some cases. To avoid such situation, the period for reverting unused payment entitlements to the national reserve should be fixed at three years. Amendment 19 Proposal for a regulation Recital 27 (27)  Compulsory set aside of arable land was introduced as a supply control mechanism. Market developments in the arable crops sector together with the introduction of decoupled aids no longer justify the need for maintaining this instrument, which therefore should be abolished. Set-aside entitlements established in accordance with Articles 53 and 63(2) of Regulation (EC) No 1782/2003 shall therefore be activated on hectares subject to the same eligibility conditions that any other entitlement. (27)  Compulsory set aside of arable land was introduced as a supply control mechanism. Market developments in the arable crops sector together with the introduction of decoupled aids no longer justify the need for maintaining this instrument, which therefore should be abolished. Set-aside entitlements established in accordance with Articles 53 and 63(2) of Regulation (EC) No 1782/2003 shall therefore become normal entitlements. Amendment 20 Proposal for a regulation Recital 28 (28)  Further to the integration of formerly coupled market support into the single payment scheme, the value of payment entitlements was, in those Member States opting for a historic implementation, based on the individual level of past support. With a growing number of years elapsing since the introduction of the single payment scheme and following the successive integration of further sectors into the single payment scheme, it becomes increasingly harder to justify the legitimacy of significant individual differences in the support level which are only based on past support. For this reason Member States that chose the historic implementation model should be allowed under certain conditions to review the allocated payment entitlements with a view to approximating their unit value while respecting the general principles of community law and the objectives of the Common Agricultural Policy. In this context Member States may take into account the specificities of geographical areas when fixing closer values. The levelling of payment entitlements should take place during an adequate transition period and within a limited range of reductions in order to allow farmers to reasonably adapt to the changing levels of support. (28)  Further to the integration of formerly coupled market support into the single payment scheme, the value of payment entitlements was, in those Member States opting for a historic implementation, based on the individual level of past support. With a growing number of years elapsing since the introduction of the single payment scheme and following the successive integration of further sectors into the single payment scheme, it becomes increasingly harder to justify the legitimacy of significant individual differences in the support level which are only based on past support. For this reason Member States that chose the historic implementation model should be allowed under certain conditions to review the allocated payment entitlements with a view to approximating their unit value while respecting the general principles of community law and the objectives of the Common Agricultural Policy. In this context Member States may take into account the specificities of geographical areas when fixing closer values. The levelling of payment entitlements should take place during an adequate transition period, depending on the pace of implementation chosen by each Member State, and within a limited range of reductions in order to allow farmers to reasonably adapt to the changing levels of support. Amendment 21 Proposal for a regulation Recital 29 a (new) (29a)  The cross-compliance system and the common agricultural policy are likely to require further adjustment in the future, as current payment levels do not always seem to be proportionate with the compliance efforts made by the farmers concerned, since payments still depend to a large extent on historic spending. Animal welfare legislation is obviously particularly burdensome for livestock farmers, something which is not reflected in the level of their payments. However, if imported products were to meet the same animal welfare standards, then there would be no need to compensate farmers for their compliance with Community legislation in this area. The Commission should therefore strive for recognition of the non-trade concerns as import criteria within the World Trade Organisation negotiations. Amendment 22 Proposal for a regulation Recital 30 (30)  Regulation (EC) No 1782/2003, while introducing a decoupled single payment scheme allowed Member States to exclude certain payments from that scheme. At the same time Article 64(3) of that Regulation provided for the revision of the options provided for in Sections 2 and 3 of Chapter 5 of its Title III, in the light of market and structural developments. An analysis of the relevant experience shows that decoupling introduces flexibility in the choice of producers, enabling them to take their production decisions on the basis of profitability and market response. This is particularly the case for the arable crops, hops and seeds sectors, and to a certain extent, also the beef sector. Therefore, the partially coupled payments in these sectors should be integrated into the single payment scheme. In order for farmers in the beef sector to gradually adjust to the new support arrangements provision should be made for a phasing-in of the integration of the special premium for male animals and the slaughter premium. Since the partially coupled payments in the fruit and vegetable sectors were only recently introduced, and only as a transitional measure, no review of such schemes is necessary. (30)  Regulation (EC) No 1782/2003, while introducing a decoupled single payment scheme allowed Member States to exclude certain payments from that scheme. At the same time Article 64(3) of that Regulation provided for the revision of the options provided for in Sections 2 and 3 of Chapter 5 of its Title III, in the light of market and structural developments. An analysis of the relevant experience shows that decoupling could introduce flexibility in the choice of producers, enabling them to take their production decisions on the basis of profitability and market response. Therefore, it is desirable to authorise those Member States which so decide to continue decoupling aid. Since the partially coupled payments in the fruit and vegetable sectors were only recently introduced, and only as a transitional measure, no review of such schemes is necessary. Amendment 23 Proposal for a regulation Recital 31 a (new) (31a)  Specific measures are required to assist the Union sheep sector, which is in serious decline. The recommendations of European Parliament resolution of 19 June 2008 on the future of the sheep/lamb and goat sector in Europe1 should be implemented. ______________ Texts Adopted for that date, P6_TA(2008)0310. Amendment 24 Proposal for a regulation Recital 32 (32)  Member States should be allowed to use up to 10% of their ceilings for granting specific support in clearly defined cases. Such support should allow Member States to address environmental issues and improve the quality and marketing of agricultural products. Specific support should also be available to buffer the consequences of the phasing-out of milk quotas and the decoupling of support in particularly sensitive sectors. Given the growing importance of an effective management of risks Member States should be given the option to financially contribute to the premiums farmers pay for crop insurance as well as to the financing of financial compensation of certain economic losses in case of animal or plant diseases. With a view to respect the Community's international obligations the resources that could be used for any coupled support measures should be limited at an appropriate level. The conditions applicable to the financial contributions to crop insurance and animal or plant disease related compensation should be established accordingly. (32)  Member States should be allowed to use up to 10% of their ceilings for granting specific support in clearly defined cases. Such support should allow Member States to address environmental issues and improve the quality and marketing of agricultural products. Specific support should also be available to buffer the consequences of the phasing-out of milk quotas and the decoupling of support in particularly sensitive sectors. With a view to respect the Community's international obligations the resources that could be used for any coupled support measures should be limited at an appropriate level. Amendment 25 Proposal for a regulation Recital 32 a (new) (32a)  Given the increasing importance of effective risk management, Member States should be authorised to use up to an additional 5% of their ceilings to grant support to farmers or to organisations or groups of producers in the form of financial contributions to expenses related to insurance premiums and mutual funds. Amendment 26 Proposal for a regulation Recital 36 36.  The de-coupling of direct support and the introduction of the single payment scheme were essential elements in the process of reforming the common agricultural policy. However several reasons called in 2003 for maintaining specific support for a number of crops. Experience gained through the implementation of Regulation (EC) No 1782/2003 together with the evolution of the market situation indicates that schemes that were kept outside the single payment scheme in 2003 can now be integrated into that scheme to promote a more market-oriented and sustainable agriculture. This is the case in particular for the olive oil sector, where only marginal coupling was applied. It is also the case for the durum wheat, protein crops, rice, potato starch, and nuts payments, where the decreasing effectiveness of remaining coupled payments, supports the decoupling option. In the case of flax it is also appropriate to abolish the support for processing and to integrate the relevant amounts into the single payment scheme. As regards rice, dried fodder, potato starch and flax a transitional period should be provided for in order to ensure their shift to decoupled support to be as smooth as possible. As regards nuts, Member States should be allowed to continue to pay the national part of the aid in a coupled way in order to cushion the effects of decoupling. 36.  The de-coupling of direct support and the introduction of the single payment scheme were essential elements in the process of reforming the common agricultural policy. However several reasons called in 2003 for maintaining specific support for a number of crops. Experience gained through the implementation of Regulation (EC) No 1782/2003 together with the evolution of the market situation indicates that schemes that were kept outside the single payment scheme in 2003 could now be integrated into that scheme, at the option of the Member State concerned, to promote a more market-oriented and sustainable agriculture. This is the case in particular for the olive oil sector, where only marginal coupling was applied. It is also the case for the durum wheat, rice, potato starch, and nuts payments, where the decreasing effectiveness of remaining coupled payments, supports the decoupling option. As regards rice, potato starch and flax a transitional period should be provided for in order to ensure their shift to decoupled support to be as smooth as possible. As regards nuts, Member States should be allowed to continue to pay the national part of the aid in a coupled way in order to cushion the effects of decoupling. Amendment 27 Proposal for a regulation Recital 37 (37)  As a consequence of the integration of new schemes into the single payment scheme, provision should be made for the calculation of the new level of individual income support under that scheme. In the case of nuts, potato starch, flax and dried fodder, such increase should be granted on the basis of the support farmers received in most recent years. However, in the case of the integration of payments that were so far partially excluded from the single payment scheme, Member states should be given the option to use the original reference periods. (37)  As a consequence of the integration of new schemes into the single payment scheme, provision should be made for the calculation of the new level of individual income support under that scheme. In the case of nuts, potato starch and flax, such increase should be granted on the basis of the support farmers received or the production quotas allocated to farmers in most recent years. However, in the case of the integration of payments that were so far partially excluded from the single payment scheme, Member states should be given the option to use the original reference periods. Amendment 28 Proposal for a regulation Recital 38 (38)  Regulation (EC) No 1782/2003 established specific support for energy crops with a view to assisting the sector to develop. Due to the recent developments in the bio-energy sector and, in particular, to the strong demand for such products on international markets and the introduction of binding targets for the share of bio-energy in total fuel by 2020 there is no longer sufficient reason to grant specific support for energy crops. (38)  Regulation (EC) No 1782/2003 established specific support for energy crops with a view to assisting the sector to develop. Due to the recent developments in the bio-energy sector and, in particular, to the strong demand for such products on international markets and the introduction of binding targets for the share of bio-energy in total fuel by 2020 there is no longer sufficient reason to grant specific coupled support for energy crops. Accordingly, the amounts for this purpose should in future be incorporated into the single payment scheme. Amendment 29 Proposal for a regulation Article 1 – point d (d) support schemes for farmers producing rice, starch potatoes, cotton, sugar, fruit and vegetables, sheep meat and goat meat and beef and veal; (d) support schemes for farmers producing rice, protein crops, starch potatoes, sugar, fruit and vegetables, tobacco, sheep meat and goat meat and beef and veal; Amendment 30 Proposal for a regulation Article 2 – point a (a) 'farmer' means a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within Community territory, as referred to in Article 299 of the Treaty, and who exercises an agricultural activity; (a) 'farmer' means a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within Community territory, as referred to in Article 299 of the Treaty, and who exercises an agricultural activity, from which he derives the main part of his income; Amendment 31 Proposal for a regulation Article 2 – point a a (new) (aa) "farmer holding payment entitlements" means a farmer to whom payment entitlements have been allocated or definitively transferred; Amendment 32 Proposal for a regulation Article 2 – point f a (new) (fa) "region" means a Member State, a region within a Member State or a geographical area within a Member State presenting specific characteristics and/or structural handicaps, at the option of the Member State concerned; Amendment 33 Proposal for a regulation Article 4 – paragraph 1 1.  A farmer receiving direct payments shall respect the statutory management requirements listed in Annex II, and the good agricultural and environmental condition established under Article 6. 1.  A farmer receiving direct payments shall respect the statutory management requirements listed in Annex II, and the good agricultural and environmental condition established under Article 6, save where this is impracticable or disproportionate. Amendment 34 Proposal for a regulation Article 4 – paragraph 1 a (new) 1 a.  A farmer receiving direct payments shall be required to ensure safety at the workplace and to abide by the contractual rules laid down by the Member State concerned. Amendment 35 Proposal for a regulation Article 5 – paragraph 1 – point a a (new) (aa) workplace safety, Amendment 36 Proposal for a regulation Article 6 – paragraph 1 1.  Member States shall ensure that all agricultural land, especially land which is no longer used for production purposes, is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum requirements for good agricultural and environmental condition on the basis of the framework set up in Annex III, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures. 1.  Member States shall ensure that all agricultural land, especially land which is no longer used for production purposes, is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum requirements for good agricultural and environmental condition, taking into account the issues listed in Annex III, the Commission guidelines and/or other standards consistent with the nature of their own farming industries, the specific characteristics of the areas concerned, including soil and climatic condition, ecosystems, existing farming systems, land use, crop rotation, farming practices, and farm structures. These minimum requirements shall be adapted to each situation and chosen on the basis of their greater agronomic and environmental effectiveness (as recognised by scientific research and practical experience). The second column of Annex III comprises optional standards, and Member States shall decide for themselves whether to make use of them. In addition, the measures taken shall be based on existing EU legislation and shall not entail any additional obligations. Amendment 37 Proposal for a regulation Article 6 a (new) Article 6a Bonus points Each Member State shall be free to introduce "bonus" cross-compliance that awards farmers bonus points for actions fostering biodiversity and implemented in addition to the obligations arising from good agro-environmental cross-compliance. Each Member State shall define the actions for which such points may be awarded. Bonus points may be used to offset penalty points incurred in the area of good agricultural and environmental condition described in Article 6. Arrangements for such offsetting shall be laid down by the Member States. Amendment 38 Proposal for a regulation Article 6 b (new) Article 6b Food security Member States shall ensure that, with a view to balanced and sustainable land use, priority is given to national and/or regional food security. To that end they shall carry out a food-security assessment on any planned expansion of energy production from agricultural raw materials to ensure that it does not endanger food security. Amendments 186, 229 and 39 Proposal for a regulation Article 7, paragraph 1 1.  Any amount of direct payments to be granted in a given calendar year to a farmer that exceeds EUR 5 000 shall be reduced for each year until 2012 by the following percentages: 1.  Any amount of direct payments to be granted in a given calendar year to a farmer that exceeds EUR 10 000 shall be reduced for each year until 2012 as follows: (a)  2009: 7%, (a)  2009: 6%, (b)  2010: 9%, (b)  2010: 6%, (c)  2011: 11%, (c)  2011: 7%, (d)  2012: 13%. (d)  2012: 7%. Amendment 40 Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 a (new) Member States shall ensure that any increases in compulsory modulation are matched by corresponding decreases in voluntary modulation. Amendment 41 Proposal for a regulation Article 7 – paragraph 2 2.  The reductions referred to in paragraph 1 shall be increased for the: 2.  The reductions referred to in paragraph 1 shall be increased for the: (a) amounts between EUR 100 000 and EUR 199 999, by 3 percentage points, (a) amounts between EUR 100 000 and EUR 199 999, by 1 percentage point, (b) amounts between EUR 200 000 and EUR 299 999, by 6 percentage points, (b) amounts between EUR 200 000 and EUR 299 999, by 2 percentage points, (c) amounts above EUR 300 000, by 9 percentage points. (c) amounts above EUR 300 000, by 3 percentage points. Amendment 42 Proposal for a regulation Article 7 – paragraph 2 a (new) 2a.  The provisions set out in paragraph 1 shall only apply to payments fully integrated into the single payment scheme. Amendment 43 Proposal for a regulation Article 7 – paragraph 3 3.  Paragraphs 1 and 2 shall not apply to direct payments granted to farmers in the French overseas departments, in the Azores and Madeira, in the Canary and Aegean islands. 3.  Paragraphs 1 and 2 shall not apply to direct payments granted to farmers in the French overseas departments, in the Azores and Madeira, in the Canary, Ionian and Aegean islands. Amendment 211 Proposal for a regulation Article 7 - paragraph 3 a (new) 3a.  Paragraph 2 shall not apply to cooperatives and other legal entities made up of several farmers receiving the direct payment, and who channel the subsidies in order to distribute them among members. This derogation shall not apply to large beneficiaries receiving EUR 100 000 or more, who are members of such entities. Amendment 240 Proposal for a regulation Article 7 – paragraph 3 b (new) 3b.  It may be decided not to apply paragraph 2 where a body bringing together farmers who receive the single payment merely receives or channels these amounts for distribution in full among its members. Amendment 44 Proposal for a regulation Article 8 – paragraph 1 1.  Without prejudice to Article 11, the total net amounts of direct payments which may be granted in a Member State in respect of a calendar year after application of Articles 7 and 10 of this Regulation and Article 1 of Regulation (EC) No 378/2007 shall not be higher than the ceilings set out in Annex IV to this Regulation. Where necessary, Member States shall proceed to a linear reduction of direct payments in order to respect the ceilings set out in that Annex IV. 1.  Without prejudice to Article 11, the total net amounts of direct payments which may be granted in a Member State in respect of a calendar year after application of Articles 7 and 10 of this Regulation and Article 1 of Regulation (EC) No 378/2007 shall not be higher than the ceilings set out in Annex IV to this Regulation. Where necessary, Member States shall proceed to a linear reduction of the amounts of direct payments to which modulation reductions apply, in order to respect the ceilings set out in that Annex IV. Amendment 45 Proposal for a regulation Article 8 – paragraph 2 2.  The Commission, in accordance with the procedure referred to in Article 128(2) shall review the ceiling set out in Annex IV in order to take account of: 2.  The Commission, in accordance with the procedure referred to in Article 128(2) shall examine annually the ceiling set out in Annex IV in order to take account of: (a) modifications to maximum amounts that may be granted in accordance with the direct payments; (a) modifications to maximum amounts that may be granted in accordance with the direct payments; (b) modifications to the voluntary modulation referred to in Regulation (EC) No 378/2007; (c) structural changes of the holdings. (c) structural changes of the holdings, and shall inform the European Parliament thereof. Amendment 46 Proposal for a regulation Article 9 – paragraph 1 1.  The amounts resulting from application of the reductions provided for in Article 7, in any Member State other than the new Member States, shall be available as additional Community support for measures under rural development programming financed under the European Agricultural Fund for Rural Development (EAFRD) as specified in Regulation (EC) No 1698/2005, according to the conditions set out in the following paragraphs. 1.  The amounts resulting from application of the reductions provided for in Article 7, in any Member State other than the new Member States, shall be available for Community support for measures under rural development programming financed under the European Agricultural Fund for Rural Development (EAFRD) as specified in Regulation (EC) No 1698/2005, according to the conditions set out in the following paragraphs. Amendment 47 Proposal for a regulation Article 10 – paragraph 1 1.  Article 7 shall only apply to farmers in a new Member State in any given calendar year if the level of direct payments applicable in that Member State for that calendar year under Article 110 is no less than the level in Member States other than the new Member States, taking into account any reductions applied under Article 7(1). 1.  Modulation shall be compulsory for the new Member States only from the time when they receive full direct payments. Amendment 48 Proposal for a regulation Article 10 – paragraph 4 4.  Any amount resulting from the application of Article 7(1) and (2) shall be allocated to the new Member State where the corresponding amounts have been generated in accordance with the procedure referred to in Article 128(2). They shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005. 4.  Any amount resulting from the application of Article 7(1) and (2) shall be allocated to the new Member State where the corresponding amounts have been generated in accordance with the procedure referred to in Article 128(2). Amendment 49 Proposal for a regulation Article 12 – title Farm Advisory System Farm Research and Advisory System Amendment 50 Proposal for a regulation Article 12 – paragraph 2 2.  The advisory activity shall cover at least the statutory management requirements and the good agricultural and environmental condition referred to in Chapter 1. 2.  The research and advisory activity shall cover at least the statutory management requirements and the good agricultural and environmental condition referred to in Chapter 1 as well as dissemination of production methods that are economically efficient, ecologically sustainable and more economical in terms of natural resources and production costs (energy and inputs, etc.). Amendment 51 Proposal for a regulation Article 13 – paragraph 2 2.  Member States shall give priority to the farmers who receive more that EUR 15 000 of direct payments per year. 2.  Member States shall ensure that all farmers can participate in this advisory system on a voluntary basis. Amendment 52 Proposal for a regulation Article 18 – paragraph 1 – subparagraph 2 This data base shall, in particular, allow direct and immediate consultation, through the competent authority of the Member State, of the data relating to the calendar and/or marketing years starting from the year 2000. This data base shall, in particular, allow direct and immediate consultation, through the competent authority of the Member State, of the data relating to the calendar and/or marketing years starting from the year 2000, or, for new Member States, from the first year after accession. Amendment 53 Proposal for a regulation Article 22 – paragraph 1 1.  Member States shall carry out administrative controls on the aid applications to verify the eligibility conditions for the aid. 1.  Member States shall carry out administrative controls on the aid applications to verify the eligibility conditions for the aid. Such administrative controls shall not be overly burdensome, particularly in terms of cost and paperwork, for the farmer. Amendment 54 Proposal for a regulation Article 24 – paragraph 1 1.  Member States shall carry out on-the-spot-checks to verify whether the farmer complies with the obligations referred to in Chapter 1. 1.  Member States shall carry out on-the-spot-checks to verify whether the farmer complies with the obligations referred to in Chapter 1. Such controls shall take place within a period of not more than one day for a particular farm and shall not be overly burdensome for the farmer. Amendment 55 Proposal for a regulation Article 24 – paragraph 2 – subparagraph 1 2.  Member States may make use of their existing administration and control systems to ensure compliance with the statutory management requirements and good agricultural and environmental condition referred to in Chapter 1. 2.  Member States may make use of their existing administration and control systems to ensure compliance with the statutory management requirements and good agricultural and environmental condition referred to in Chapter 1. However, Member States shall endeavour to limit the number of controlling agencies and the number of persons carrying out the on-the-spot checks on a particular farm. Amendment 56 Proposal for a regulation Article 24 – paragraph 2 a (new) 2a.  Member States may make use of private management and control systems, provided they have been officially accredited by the national authorities. Amendment 57 Proposal for a regulation Article 24 – paragraph 2 b (new) 2b.  Member States shall endeavour to plan controls in such a way that farms which can best be controlled in a particular period during the year, due to seasonal reasons, are indeed controlled in that particular period. However, if, due to seasonal reasons, the controlling agency is unable to check a particular statutory management requirement, or a part thereof, or good agricultural and environmental conditions during an on-the-spot check, those requirements and conditions shall be deemed to be met. Amendment 58 Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 The first subparagraph shall also apply where, the non-compliance in question is the result of an act or omission directly attributable to the person to whom or from whom the agricultural land was transferred. The first subparagraph shall also apply where, the non-compliance in question is the result of an act or omission directly attributable to the person to whom or from whom the agricultural land was transferred, unless the person who is responsible for the non-compliance has also submitted an aid application for the relevant year. In that case, the sanction mentioned in the first subparagraph shall be applied to the amounts of direct payments to be granted to the person who is responsible for the non-compliance. Amendment 59 Proposal for a regulation Article 25 – paragraph 1 – subparagraph 3 For the purpose of this paragraph 'transfer' means any type of transaction whereby the agricultural land ceases to be at the disposal of the transferor. For the purpose of this paragraph 'transfer' means any type of transaction whereby the agricultural land ceases to be at the disposal of the transferor, with the exception of those types of transactions which the farmer concerned cannot prevent. Amendment 60 Proposal for a regulation Article 25 – paragraph 3 – subparagraph 2 Where a Member State decides to make use of the option provided for in the first subparagraph, in the following year the competent authority shall take the actions required to ensure that the farmer remedies the findings of non-compliance concerned. The finding and the remedial action to be taken shall be notified to the farmer. Where a Member State decides to make use of the option provided for in the first subparagraph, the competent authority shall inform the farmer of the findings of non-compliance, and the farmer shall in turn communicate the actions taken to remedy the problem. For the purposes of monitoring the measures taken by the farmer, the competent authority shall take these farms into account when carrying out the risk analysis for on-the-spot-checks in the following year. Amendment 61 Proposal for a regulation Article 26 a (new) Article 26a Review By 31 December 2007 at the latest, and every two years thereafter, the Commission shall submit a report on the application of the cross-compliance system accompanied, if necessary, by appropriate proposals notably with a view to: – amending the list of statutory management requirements set out in Annex III, – simplifying, deregulating and improving the legislation under the list of statutory management requirements, with special attention being paid to legislation concerning nitrates, – simplifying, improving and harmonising the arrangements for performing on-the-spot checks, taking into account the opportunities offered by the development of indicators and bottleneck-based controls, controls already performed under private certification schemes, controls already performed under national legislation implementing the statutory management requirements, and information and communication technology. The reports shall also contain an estimate of the total costs of control under the cross-compliance system for the year preceding the year in which the report is published. Amendment 63 Proposal for a regulation Article 30 – paragraph 1 1.  Member States shall not grant direct payments to a farmer in one the following cases: 1.  Member States may decide not to grant direct payments below a minimum threshold to be determined. (a) where the total amount of direct payments claimed or due to be granted in a given calendar year does not exceed EUR 250, or (b) where the eligible area of the holding for which direct payments are claimed or due to be granted does not exceed one hectare. However, Cyprus may set a minimum eligible area of 0.3 hectares and Malta of 0.1 hectares. However, farmers holding special entitlements referred to in Article 45(1) shall be subject to the condition referred to in point (a). Any amounts saved as a result of the application of the first subparagraph shall remain in the national reserve of the Member State from which they originate. Amendment 64 Proposal for a regulation Article 30 – paragraph 2 2.  Member States may decide in an objective and non-discriminatory manner not to grant direct payments to companies or firms within the meaning of the second paragraph of Article 48 of the Treaty whose principal company's objects do not consist of exercising an agricultural activity. 2.  Member States may decide in an objective and non-discriminatory manner not to grant direct payments to companies or firms within the meaning of the second paragraph of Article 48 of the Treaty whose principal company's objects do not consist of the production, rearing or cultivation of agricultural products, including harvesting, milking, breeding and the keeping of animals for agricultural purposes. Amendment 65 Proposal for a regulation Article 31 – paragraph 2 2.  Payments shall be made up to twice a year within the period from 1 December to 30 June of the following calendar year. 2.  Payments shall be made up to twice a year within the period from 1 December to 30 June of the following calendar year, and shall include a payment of interest at market rates on the amount due from 30 June of the following calendar year. Amendment 66 Proposal for a regulation Article 31 – paragraph 2 a (new) 2a.  Where payment is delayed as a result of a dispute with the competent authority which is settled in the farmer's favour, the farmer shall be paid interest at the market rate. Amendment 67 Proposal for a regulation Article 31 – paragraph 3 3.  Payments under support schemes listed in Annex I shall not be made before the controls with regard to eligibility conditions, to be carried out by the Member State pursuant to Article 22, have been finalised. 3.  No payments shall be made in respect of an application under support schemes listed in Annex I before the controls with regard to eligibility conditions, to be carried out by the Member State pursuant to Article 22, have been finalised on that application. Amendment 68 Proposal for a regulation Article 31 – paragraph 3 – subparagraph 1 a (new) Nevertheless, if payments are made as an advance or in two instalments, the first amount is determined on the basis of the results of the administrative and on-the-spot checks that are available at the date of payment and at such a level that the definitive amount of the payment is not less than the amount of the first instalment. Amendment 69 Proposal for a regulation Article 33 Article 33 Review deleted Support schemes listed in Annex I shall apply without prejudice to possible review at any moment in the light of economic developments and the budgetary situation. Amendment 70 Proposal for a regulation Article 34 – paragraph 2 2.  For the purpose of this title, farmers holding payment entitlements shall mean farmers having been allocated or definitively transferred payment entitlements. deleted Amendment 71 Proposal for a regulation Article 34 – paragraph 2 a (new) 2a.  Set-aside entitlements established in accordance with Articles 53 and 63(2) of Regulation (EC) No 1782/2003 shall become entitlements under this Regulation. Amendment 72 Proposal for a regulation Article 37 – paragraph 1 The payment entitlements per hectare shall not be modified save as otherwise provided. 1.  The payment entitlements per hectare shall not be modified save as otherwise provided. Amendment 73 Proposal for a regulation Article 37 – paragraph 2 The Commission, in accordance with the procedure referred to in Article 128(2) of this Regulation, shall lay down detailed rules for the modification of payment entitlements in particular in case of fractions of entitlements. 2.  If a farmer who has been granted a direct payment in the reference period changes his legal status or denomination in that period or not later than 31 December of the year preceding the year of application of the single payment scheme, he shall have access to the single payment scheme under the same conditions as the farmer originally managing the holding. 3.  If mergers take place during the reference period or not later than 31 December of the year preceding the year of application of the single payment scheme, the farmer managing the new holding shall have access to the single payment scheme under the same conditions as the farmers managing the original holdings. If divisions take place during the reference period or not later than 31 December of the year preceding the year of application of the single payment scheme, the farmers managing the holdings shall have access, pro rata, to the single payment scheme under the same conditions as the farmer managing the original holding. Amendment 75 Proposal for a regulation Article 42 – paragraph 1 – subparagraph 1 a (new) If, at the end of a given budgetary year, it becomes clear in a Member State that the aggregate of the payment entitlements actually granted is lower than the national ceiling laid down in Annex VIII, the difference shall be allocated to the national reserve. Amendment 76 Proposal for a regulation Article 42 – paragraph 2 2.  Member States may use the national reserve to grant, in priority and according to objective criteria, payment entitlements to farmers who commence their agricultural activity and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions. 2.  Member States may use the national reserve to grant, according to objective criteria, payment entitlements to farmers carrying out agricultural activity and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions. Member States may give precedence in particular to newcomers, farmers who are younger than 35, family holdings or other priority farmers. Amendment 77 Proposal for a regulation Article 42 – paragraph 3 3.  Member States that do not apply Article 68(1)(c) may use the national reserve for the purpose of establishing, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, payment entitlements for farmers in areas subject to restructuring and/or development programs relating to one or the other form of public intervention in order to avoid abandoning of land and/or in order to compensate specific disadvantages for farmers in those areas. 3.  Member States may use, with effect from the entry into force of this Regulation in 2009, the national reserve for the purpose of establishing, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, payment entitlements and support measures for farmers in areas subject to restructuring and/or development programs relating to one or the other form of public intervention, for sectors in difficulty concentrated in the most disadvantaged areas, such as the sheep and goat sectors, in order to avoid abandoning of land and production and/or in order to compensate specific disadvantages for farmers in those areas. Amendment 78 Proposal for a regulation Article 42 – paragraph 3 a (new) 3a. Member States may use the national reserve to grant payment entitlementsto farmers who have entered into special contracts regulated by the Member States. Amendment 79 Proposal for a regulation Article 43 Any payment entitlement which has not been activated for a period of 2 years shall be allocated to the national reserve, except in case of force majeure and exceptional circumstances within the meaning of Article 36(1). Any payment entitlement which has not been activated for a period of 3 years shall be allocated to the national reserve, except in case of force majeure and exceptional circumstances within the meaning of Article 36(1). Priority shall be given in the utilisation of these funds to facilitating access by young people to agricultural activity with a view to ensuring the transfer between generations. Amendment 80 Proposal for a regulation Article 44 – paragraph 2 2.  Payment entitlements may be transferred by sale or any other definitive transfer with or without land. In contrast, lease or similar types of transactions shall be allowed only if the payment entitlements transferred are accompanied by the transfer of an equivalent number of eligible hectares. deleted Amendment 81 Proposal for a regulation Article 44 – paragraph 3 – subparagraph 1a (new) In such cases Member States may also decide that leases or similar types of transactions shall be permitted only if the payment entitlements transferred are accompanied by the transfer of an equivalent number of eligible hectares. Amendment 82 Proposal for a regulation Article 45 – paragraph 2 – subparagraph 1 2.  By way of derogation from Article 35(1) a farmer who has special entitlements shall be authorised by the Member State to derogate from the requirement to activate entitlements by an equivalent number of eligible hectares provided that he maintains at least 50% of the agricultural activity exercised in calendar years 2000, 2001 and 2002 expressed in livestock units (LU). 2.  By way of derogation from Article 35(1) a farmer who has special entitlements shall be authorised by the Member State to derogate from the requirement to activate entitlements by an equivalent number of eligible hectares provided that he maintains at least 50% of the agricultural activity exercised in calendar years 2000, 2001 and 2002 - for Bulgaria and Romania, calendar years 2006, 2007 and 2008 - expressed in livestock units (LU). Amendment 83 Proposal for a regulation Article 45 – paragraph 2 – subparagraph 2 a (new) However, it may apply to those Member States which have not yet introduced the single payment scheme, but intend to do so. Amendment 84 Proposal for a regulation Article 45 – paragraph 3 3.  In case of a transfer of the special entitlements, the transferee shall not benefit from the derogation of paragraph 2 except in case of inheritance or anticipated inheritance. 3.  In case of a transfer of the special entitlements, the transferee shall benefit from the derogation of paragraph 2, insofar as all payment entitlements subject to the derogation have been transferred and, in case of inheritance or anticipated inheritance or where the transferee does not have the area necessary to activate them. Amendments 85, 86, 87 and 88 Proposal for a regulation Article 46 In duly justified cases, Member States may decide, by 1 August 2009 at the latest, and acting in compliance with the general principles of Community law, to move as from 2010 towards approximating the value of payment entitlements established under Chapter I to IV of Title III of Regulation (EC) No 1782/2003. To this end payment entitlements may be made subject to progressive modifications according to at least three pre-established annual steps and objective and non-discriminatory criteria. 1.  In duly justified cases, Member States may decide, acting in compliance with the general principles of Community law, to move as from 2010 towards approximating the value of payment entitlements established under Chapter I to IV of Title III of Regulation (EC) No 1782/2003. To this end payment entitlements may be made subject to progressive modifications according to objective and non-discriminatory criteria. The reduction of the value of any payment entitlement shall in none of these annual steps be more than 50% of the difference between its starting value and that applicable upon implementation of the final annual step. The reduction of the value of any payment entitlement shall not exceed 50% of the difference between its starting value and its final value. Member States may decide to apply the preceding subparagraphs at the appropriate geographical level which shall be determined according to objective and non-discriminatory criteria such as their institutional or administrative structure and/or the regional agricultural potential. 2.  Member States may decide to apply the revision of payment entitlements at the appropriate geographical level which shall be determined according to objective and non-discriminatory criteria such as their institutional or administrative structure, the regional agricultural potential and/or the specific structural handicaps suffered by a given geographical area. In areas subject to public use requirements or other collective land management contracts, the value of payment entitlements may be redefined on the basis of the surface area of the farm, provided that the parameters of maximum environmental load are respected. Amendment 89 Proposal for a regulation Article 47 – paragraph 1 Text proposed by the Commission Amendment 1.  A Member State having introduced the single payment scheme in accordance with Chapters 1 to 4 of Title III of Regulation (EC) No 1782/2003 may decide, by 1 August 2009 at the latest, to apply the single payment scheme from 2010 at regional level under the conditions laid down in this section. 1.  A Member State having introduced the single payment scheme in accordance with Chapters 1 to 4 of Title III of Regulation (EC) No 1782/2003 may decide, by 1 August each year at the latest, to apply the single payment scheme from the following year at regional level under the conditions laid down in this section. Amendment 90 Proposal for a regulation Article 47 – paragraph 2 – subparagraph 1 2.  Member States shall define the regions according to objective and non-discriminatory criteria such as their institutional or administrative structure and/or the regional agricultural potential. 2.  Member States shall define the regions according to objective and non-discriminatory criteria such as their institutional or administrative structure, the regional agricultural potential and/or the specific structural handicaps suffered by a given geographical area. Amendment 91 Proposal for a regulation Article 48 – paragraph 1 1.  In duly justified cases, Member States may decide to divide no more than 50% of the regional ceiling established under Article 47 between all the farmers whose holdings are located in the region concerned, including those who do not hold payment entitlements. 1.  In duly justified cases, Member States may decide to divide no more than 50% of the regional ceiling established under Article 47 between all the farmers whose holdings are located in the region concerned, including those who do not hold payment entitlements. The areas used shall be those declared by the farmer on 15 May 2008. Amendment 92 Proposal for a regulation Article 48 – paragraph 2 – subparagraph 1 a (new) However, Member States may introduce other clearly defined criteria, such as the quality of the producer or agricultural and/or rural employment, in order to guarantee geographical coherence, diversity and a dynamic rural environment, and the maintenance of traditional models of production that are not linked to the land. Amendment 93 Proposal for a regulation Article 49 – paragraph 1 1.  In duly justified cases Member States applying Article 48 of this Regulation may decide, by 1 August 2009 at the latest, and acting in compliance with the general principles of Community law, to move as from 2011 towards approximating the value of payment entitlements established under this section or under Section 1 of Chapter 5 of Title III of Regulation (EC) No 1782/2003. To this end they may make such payment entitlements subject to progressive modifications according to at least two pre-established annual steps and objective and non-discriminatory criteria. 1.  In duly justified cases Member States applying Article 48 of this Regulation may decide, by 1 August 2009 at the latest, and acting in compliance with the general principles of Community law, to move as from 2011 towards approximating the value of payment entitlements established under this section or under Section 1 of Chapter 5 of Title III of Regulation (EC) No 1782/2003. To this end they may make such payment entitlements subject to progressive modifications according to objective and non-discriminatory criteria. Amendment 94 Proposal for a regulation Article 49 – paragraph 2 – subparagraph 1 2.  In duly justified cases Member States having introduced the single payment scheme in accordance with Section 1 of Chapter 5 of Title III of Regulation (EC) No 1782/2003 may decide, by 1 August 2009 at the latest, and acting in compliance with the general principles of Community law, to move as from 2010 towards approximating the value of payment entitlements established under that section by making such payment entitlements subject to progressive modifications according to at least three pre-established annual steps and objective and non-discriminatory criteria. 2.  In duly justified cases Member States having introduced the single payment scheme in accordance with Section 1 of Chapter 5 of Title III of Regulation (EC) No 1782/2003 may decide, by 1 August 2009 at the latest, and acting in compliance with the general principles of Community law, to move as from 2010 towards approximating the value of payment entitlements established under that section by making such payment entitlements subject to progressive modifications according to objective and non-discriminatory criteria. Amendment 95 Proposal for a regulation Article 49 – paragraph 3 3.  The reduction of the value of any payment entitlement shall in none of the annual steps referred to in paragraphs 1 and 2 be more than 50% of the difference between its starting value and that applicable upon implementation of the final annual step. 3.  The reduction of the value of any payment entitlement provided for in paragraphs 1 and 2 shall not be more than 50% of the difference between its starting value and its final value. Amendment 96 Proposal for a regulation Article 49 – paragraph 4 4.  Member States may decide to apply paragraphs 1, 2 and 3 at the appropriate geographical level which shall be determined according to objective and non-discriminatory criteria such as their institutional and/or administrative structure or the regional agricultural potential. 4.  Member States may decide to apply the revision of payment entitlements at the appropriate geographical level which shall be determined according to objective and non-discriminatory criteria such as their institutional, administrative structure or the regional agricultural potential and/or the specific structural handicaps suffered by a given geographical area. Amendment 98 Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 1.  Any Member State having excluded the sheep and goat and beef payments from the single payment scheme under the conditions of Articles 67 and 68 of Regulation (EC) No 1782/2003 may decide by 1 August 2009 to continue to apply the single payment scheme from 2010 under the conditions laid down in this section and in conformity with the decision taken under Article 64(1) of Regulation (EC) No 1782/2003. However, Member States may decide to set the part of the component of their national ceiling to be used for additional payments to farmers in accordance with Article 55(1) of this Regulation at a rate lower than that decided under Article 64(1) of Regulation (EC) No 1782/2003. 1.  Any Member State having excluded the sheep and goat and beef payments from the single payment scheme under the conditions of Articles 67 and 68 of Regulation (EC) No 1782/2003 shall apply the single payment scheme from 2010 in conformity with the decision taken under Article 64(1) of Regulation (EC) No 1782/2003. Amendment 99 Proposal for a regulation Article 53 – paragraph 2 – subparagraph 1 2.  According to the choice made by each Member State, the Commission shall fix, in accordance with the procedure referred to in Article 128(2), a ceiling for each of the direct payments referred to, respectively, in Articles 54, 55 and 56. 2.  According to the choice made by each Member State, the Commission shall fix, in accordance with the procedure referred to in Article 128(2), a ceiling for each of the direct payments referred to, respectively, in Articles 54 and 55. Amendment 100 Proposal for a regulation Article 53 – paragraph 2 – subparagraph 2 This ceiling shall be equal to the component of each type of direct payment in the national ceilings referred to in Article 41, multiplied by the percentages of reduction applied by Member States in accordance with Articles 54, 55 and 56. This ceiling shall be equal to the component of each type of direct payment in the national ceilings referred to in Article 41, multiplied by the percentages of reduction applied by Member States in accordance with Articles 54 and 55. Amendment 101 Proposal for a regulation Article 55 – paragraph 1 - subparagraph 1 1.  Member States that in accordance with Article 68(2)(a)(i) of Regulation (EC) No 1782/2003 retained all or part of the component of national ceilings referred to in Article 41 of this Regulation corresponding to the suckler cow premium referred to in Annex VI to Regulation (EC) No 1782/2003 shall make, on a yearly basis, an additional payment to farmers. 1.  Member States that in accordance with Article 68 of Regulation (EC) No 1782/2003 retained all or part of the component of national ceilings referred to in Article 41 of this Regulation corresponding to the suckler cow premium or the special premium referred to in Annex VI to Regulation (EC) No 1782/2003 shall make, on a yearly basis, an additional payment to farmers. Amendment 102 Proposal for a regulation Article 56 – paragraph 3 a (new) 3a.  Any decision taken by a Member State within the framework of Articles 53 to 56 of this Regulation must be taken in agreement with institutions representing its regional authorities, and on the basis of an impact study on the implications of this decision at regional level. Amendment 103 Proposal for a regulation Article 59 – paragraph 3 3.  During the first year of application of the single payment scheme, the new Member States may use the national reserve for the purpose of allocating payment entitlements, according to objective and non-discriminatory criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, to farmers in specific sectors, finding themselves in a special situation as a result of the transition to the single payment scheme. 3.  During the first year of application of the single payment scheme, the new Member States may use the national reserve for the purpose of allocating payment entitlements, according to objective and non-discriminatory criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, to farmers in specific sectors, finding themselves in a special situation as a result of the transition to the single payment scheme. Member States may give precedence in particular to newcomers, young farmers, family holdings or other priority farmers. Amendment 104 Proposal for a regulation Article 59 – paragraph 5 5.  New Member States may use the national reserve for the purpose of allocating, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, entitlements for farmers in areas subject to restructuring and/or development programmes relating to one or the other form of public intervention in order to avoid abandoning of land and/or in order to compensate specific disadvantages for farmers in those areas. 5.  New Member States may use the national reserve for the purpose of allocating, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, entitlements for farmers in areas subject to restructuring and/or development programmes relating to one or the other form of public intervention in order to avoid abandoning of land and/or in order to compensate specific disadvantages for farmers in those areas. Member States may give precedence in particular to newcomers, young farmers, family holdings or other priority farmers. Amendment 105 Proposal for a regulation Article 63 – paragraph 3 3.  Except in case of force majeure or exceptional circumstances as referred to in Article 36(1), a farmer may transfer his payment entitlements without land only after he has activated, within the meaning of Article 35, at least 80% of his payment entitlements during at least one calendar year or, after he has given up voluntarily to the national reserve all the payment entitlements he has not used in the first year of application of the single payment scheme. 3.  Except in case of force majeure or exceptional circumstances as referred to in Article 36(1), a farmer may transfer his payment entitlements without land only after he has activated, within the meaning of Article 35, at least 70% of his payment entitlements during at least one calendar year or, after he has given up voluntarily to the national reserve all the payment entitlements he has not used in the first year of application of the single payment scheme. Amendment 106 Proposal for a regulation Article 64 – subparagraph -1 (new) As from 2010, Member States which so decide may decouple the specific aid for producers of rice, protein crops, dried fodder and nuts. Amendment 107 Proposal for a regulation Article 64 Member States shall integrate as from 2010 the support available under coupled support schemes referred to in points I, II, and III of Annex X into the single payment scheme in accordance with the rules laid down in this chapter. Member States may integrate as from 2010 the support available under coupled support schemes referred to in points I, II, and III of Annex X into the single payment scheme in accordance with the rules laid down in this chapter. Amendment 108 Proposal for a regulation Article 65 – paragraph 1 1.  The amounts referred in Annex XI that were available for coupled support under the schemes referred under point I of Annex X shall be distributed by the Member States amongst the farmers in the sectors concerned in accordance with objective and non discriminatory criteria taking account, in particular, of support that those farmers received, directly or indirectly, under the relevant support schemes during one or more years of the period 2005 to 2008. 1.  The amounts referred in Annex XI that were available for coupled support under the schemes referred under point I of Annex X shall be distributed by the Member States chiefly amongst the farmers in the sectors concerned in accordance with objective and non discriminatory criteria taking account, in particular, of support that those farmers received, directly or indirectly, under the relevant support schemes or production quotas during one or more years of the period 2005 to 2011. Amendment 109 Proposal for a regulation Article 65 – paragraph 1 a (new) 1a.  Where justified, the Member States may distribute all or some of the amounts referred to in paragraph 1 in accordance with objective criteria amongst all farmers whose farms are situated in the region in question. Amendment 110 Proposal for a regulation Article 65 – paragraph 2 – subparagraph 1 2.  Member States shall increase the value of the payment entitlements held by the farmers concerned on the basis of the amounts resulting from the application of paragraph 1. 2.  Member States may increase the value of the payment entitlements held by the farmers concerned on the basis of the amounts resulting from the application of paragraph 1. Amendment 111 Proposal for a regulation Article 66 – paragraph 1 The amounts that were available for coupled support under the schemes referred to under point II of Annex X shall be distributed by the Member States amongst the farmers in the sectors concerned in proportion with the support that those farmers received under the relevant support schemes during the period 2000 to 2002. Member States may, however, choose a more recent representative period in accordance with objective and non discriminatory criteria. The amounts that were available for coupled support under the schemes referred to under point II of Annex X shall be distributed by the Member States chiefly amongst the farmers in the sectors concerned in proportion with the support that those farmers received under the relevant support schemes during the period 2000 to 2002. Member States may, however, choose a more recent representative period in accordance with objective and non discriminatory criteria. Amendment 112 Proposal for a regulation Chapter 5 – title SPECIFIC SUPPORT SPECIFIC SUPPORT PAYMENTS Amendment 113 Proposal for a regulation Article 68 – title General rules Additional payments Amendment 114 Proposal for a regulation Article 68 – paragraph -1 (new) -1.  Member States may decide by 1 January 2010 at the latest, and thereafter during the period from 1 October 2011 to 1 January 2012 at the latest, to use from 2010 and/or from 2012 up to 15% of their national ceilings referred to in Article 41 to grant support to farmers. Amendment 115 Proposal for a regulation Article 68 – paragraph 1 – introductory part 1.  Member States may decide by 1 August 2009 at the latest to use from 2010 up to 10% of their national ceilings referred to in Article 41 to grant support to farmers: 1.  Member States may decide, in accordance with paragraph -1, to use up to 10% of their national ceilings referred to in Article 41 to grant integrated support to farmers or to organisations or groups of producers for the promotion of sustainable forms of production: Amendment 116 Proposal for a regulation Article 68 – paragraph 1 – point a – subpoint i (i) specific types of farming which are important for the protection or enhancement of the environment, (i) specific types of farming which are important for the protection or enhancement of the environment, the climate, biodiversity and water quality, in particular organic farming and pasture rearing, Amendment 117 Proposal for a regulation Article 68 – paragraph 1 – point a – subpoint iii (iii) for improving the marketing of agricultural products; (iii) for improving the marketing, in particular regional marketing, and competitiveness of agricultural products; Amendment 118 Proposal for a regulation Article 68 – paragraph 1 – point b (b) to address specific disadvantages affecting farmers in the dairy, beef, sheep and goatmeat and rice sectors in economically vulnerable or environmentally sensitive areas, (b) to address specific disadvantages affecting farmers in the dairy and rice sectors in economically vulnerable or environmentally sensitive areas and producers of beef and veal, sheep-meat and goat-meat, Amendment 119 Proposal for a regulation Article 68 – paragraph 1 – point c (c) in areas subject to restructuring and/or development programs in order to avoid abandoning of land and/or in order to address specific disadvantages for farmers in those areas, (c) in areas subject to restructuring and/or development programs in order to avoid abandoning of land and/or in order to address specific disadvantages for farmers in those areas; precedence shall be given in particular to newcomers, young farmers, family holdings or other priority farmers, such as producers belonging to a producers" organisation or farming cooperative, Amendments 120 and 191 Proposal for a regulation Article 68 – paragraph 1 – point d (d) in the form of contributions to crop insurance premiums in accordance with the conditions set out in Article 69, deleted Amendments 121 and 191 Proposal for a regulation Article 68 – paragraph 1 – point e (e) mutual funds for animal and plant diseases in accordance with the conditions set out in Article 70. deleted Amendment 122 Proposal for a regulation Article 68 – paragraph 1 a (new) 1a.  Member States may decide, in accordance with paragraph -1, to use from the next calendar year up to 5% of their national ceilings referred to in Article 41 to grant support to farmers or to organisations or groups of producers in the form of: (a) contributions to insurance premiums in accordance with the conditions set out in Article 69; or (b) mutual funds in accordance with the conditions set out in Article 70. Amendment 123 Proposal for a regulation Article 68 – paragraph 3 3.  Support for measures referred to in paragraph 1(b) may only be granted: 3.  Support for measures referred to in paragraph 1(b) may only be granted to the extent necessary to create an incentive to maintain current levels of employment and production. (a) upon full implementation of the single payment scheme in the sector concerned in accordance with Articles 54, 55 and 71. (b) to the extent necessary to create an incentive to maintain current levels of production. Amendment 124 Proposal for a regulation Article 68 - paragraph 4 4.  Support under the measures referred to in paragraph 1(a), (b) and (e) shall be limited to 2.5% of the national ceilings referred to in Article 41. Member States may set sublimits per measure. 4.  Support under the measures referred to in paragraph 1(a) and (b) shall be limited to a percentage consistent with Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994)1. Member States may set sublimits per measure. _________ 1 OJ L 336, 23.12.1994, p. 1. Amendment 125 Proposal for a regulation Article 68 – paragraph 5 – point a (a) in paragraph 1(a) and (d) shall take the form of annual additional payments, (a) in paragraph 1(a) and 1a(a) shall take the form of annual additional payments, Amendment 126 Proposal for a regulation Article 68 – paragraph 5 – point d (d) in paragraph 1(e) shall take the form of compensation payments as specified in Article 70. (d) in paragraph 1a(b) shall take the form of compensation payments as specified in Article 70. Amendment 127 Proposal for a regulation Article 68 – paragraph 6 6.  The transfer of payment entitlements with increased unit values and of additional payment entitlements referred to in paragraph 5(c) may only be allowed if the transferred entitlements are accompanied by the transfer of an equivalent number of hectares. deleted Amendment 128 Proposal for a regulation Article 68 – paragraph 7 7.  Support for measures referred to in paragraph 1 shall be consistent with other Community measures and policies. 7.  The Commission, in accordance with the procedure referred to in Article 128(2), shall define the conditions for the granting of the support referred to in this section, in particular with a view to ensuring consistency with other Community measures and policies. Amendment 129 Proposal for a regulation Article 68 – paragraph 7 a (new) 7a.  Member States shall inform the Commission each year of the measures planned and shall make public the methods and criteria used to reallocate the appropriations, the names of the beneficiaries and the amounts allocated to them. Amendment 130 Proposal for a regulation Article 68 – paragraph 8 – point a (a) in paragraph 1(a), (b), (c) and (d) by proceeding to linear reduction of the entitlements allocated to farmers and/or from the national reserve, (a) in paragraph 1(a), (b) and (c) and paragraph 1a(a) by proceeding to linear reduction of the entitlements allocated to farmers and/or from the national reserve, Amendment 131 Proposal for a regulation Article 68 – paragraph 8 – point b (b) in paragraph 1(e) by proceeding, if necessary, to linear reduction of one or several of the payments to be made to the beneficiaries of the relevant payments in accordance with this title and within the limits set out in paragraphs 1 and 3. (b) in paragraph 1a(b) by proceeding, if necessary, to linear reduction of one or several of the payments to be made to the beneficiaries of the relevant payments in accordance with this title. Amendment 132 Proposal for a regulation Article 68 – paragraph 9 9.  The Commission, in accordance with the procedure referred to in Article 128(2), shall define the conditions for the granting of the support referred to under this section, in particular with a view to ensure consistency with other Community measures and policies and to avoid cumulation of support. deleted Amendment 133 Proposal for a regulation Article 69 – title Crop insurance Insurance arrangements Amendment 134 Proposal for a regulation Article 69 – paragraph 1 – subparagraph 1 1.  Member States may grant financial contributions to premiums for crop insurance against losses caused by adverse climatic events. 1.  Member States may grant financial contributions to premiums for insurance, where the relevant precautionary measures against known risks have been taken, designed to compensate for: (a) losses caused by adverse climatic events which can be assimilated to natural disasters; (b) other losses caused by climatic events; (c) economic losses caused by animal or plant diseases or pest infestations. Each Member State or region shall draw up specific studies to produce comparative statistical or actuarial data. Amendment 135 Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 a (new) For the purposes of this article, "economic losses" shall mean all additional costs borne by a farmer on account of the exceptional measures which he adopts in order to reduce supply to the market concerned or any significant loss of production. The costs in respect of which compensation may be granted pursuant to other Community provisions and those stemming from the application of any other health, veterinary or plant-health measure shall not be regarded as economic losses. Amendment 136 Proposal for a regulation Article 69 – paragraphs 2 and 3 2.  The financial contribution granted per farmer shall be set at 60% of the insurance premium due. Member States may decide to increase the financial contribution to 70% taking account of the climatic situation or the situation of the sector concerned. 2.  The financial contribution shall be set at 60% of the insurance premium payable individually or, where appropriate, collectively, in cases where the insurance contract has been taken out by a producer organisation. Member States may decide to increase the contribution to 70% in light of the climatic conditions or the situation of the sector concerned. Member States may restrict the amount of the premium eligible for aid by imposing appropriate ceilings. Member States may restrict the amount of the premium eligible for aid by imposing appropriate ceilings. 3.  Coverage by crop-insurance shall only be available where the adverse climatic event has been formally recognised as such by the competent authority in the Member State concerned. Amendment 137 Proposal for a regulation Article 69 – paragraph 5 5.  Any financial contribution shall be paid directly to the farmer concerned. 5.  Any financial contribution shall be paid directly to the farmer concerned or, where appropriate, to the producer organisation which took out the contract on the basis of the number of its members. Amendment 138 Proposal for a regulation Article 69 – paragraph 6 – subparagraph 1 6.  Member States" expenditure for the granting of financial contributions shall be co-financed by the Community from the funds referred to in Article 68(1), at a rate of 40% of the eligible amounts of insurance premium set in accordance with paragraph 2 of this Article. 6.  Member States" expenditure for the granting of financial contributions shall be co-financed by the Community from the funds referred to in Article 68(1a) at a rate of 50% of the eligible amounts of insurance premium set in accordance with paragraph 2 of this Article. In the case of new Member States, however, the rate referred to in the first subparagraph shall be increased to 70%. Amendment 139 Proposal for a regulation Article 70 – title Mutual funds for animal and plant diseases Mutual funds Amendment 140 Proposal for a regulation Article 70 – paragraph 1 1.  Member States may provide for financial compensation to be paid to farmers for economic losses caused by the outbreak of animal or plant disease by way of financial contributions to mutual funds. 1.  Member States may provide for financial compensation to be paid to farmers for economic losses caused by natural disasters, adverse climatic events, the outbreak of animal or plant disease by way of financial contributions to mutual funds, where the relevant precautionary measures have been taken. Such funds may be run by producer organisations and/or inter-branch organisations pursuant to the terms and conditions laid down in Articles 122 and 123 of Regulation (EC) No 1234/2007. Such funds may be in addition to the provisions of national farmers" insurance schemes. Amendments 141 and 205 Proposal for a regulation Article 70 – paragraph 2 – point a (a) "mutual fund" shall mean a system accredited by the Member State in accordance with national law for affiliated farmers to insure themselves, by granting compensation payments to such farmers affected by economic losses caused by the outbreak of animal or plant disease; (a) "mutual fund" shall mean a system accredited by the Member State in accordance with national and European law for affiliated farmers to insure themselves, by granting compensation payments to such farmers affected by economic losses suffered by their farm on account of a natural disaster, adverse climatic events or caused by the outbreak of animal or plant quarantine disease or for affiliated farmers to insure themselves, by granting compensation payments to such farmers affected by direct losses caused by the outbreak of animal or plant quarantine disease; Amendment 142 Proposal for a regulation Article 70 – paragraph 2 – point b (b) "economic losses" shall mean any additional cost incurred by a farmer as a result of exceptional measures taken by the farmer with the objective to reduce supply on the market concerned or any substantial loss of production. Costs for which compensation may be granted in accordance with other Community provisions and those resulting from the application of any other health and veterinary or phytosanitary measures shall not be considered as economic losses. (b) "economic losses" shall mean any additional cost incurred by a farmer as a result of exceptional measures taken by the farmer with the objective to reduce supply on the market concerned, costs incurred as a result of emergency vaccination or any substantial loss of production. Costs for which compensation may be granted in accordance with other Community provisions and those resulting from the application of any other health and veterinary or phytosanitary measures shall not be considered as economic losses; Amendment 143 Proposal for a regulation Article 70 – paragraph 2 – point b a (new) (ba) "adverse climatic events" shall mean weather conditions which can be assimilated to a natural disaster, such as frost, hail, ice, rain, forest fires or drought, and which destroy more than 30% of the average of annual production of a given 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; Amendment 144 Proposal for a regulation Article 70 – paragraph 2 – point b b (new) (bb) "relevant precautionary measures" shall mean measures which optimise animal and plant health; Amendments 206 and 145 Proposal for a regulation Article 70 - paragraph 3 - subparagraph 1 3.  The mutual funds shall pay the financial compensation directly to affiliated farmers who are affected by economic losses. 3.  The mutual funds shall pay the financial compensation directly to affiliated farmers who are affected by economic or direct losses, provided they have taken the relevant precautionary measures. Amendment 146 Proposal for a regulation Article 70 – paragraph 6 – subparagraph 1 6.  Member States" expenditure on the financial contributions shall be co-financed by the Community from the funds referred to in Article 68(1) at a rate of 40% of the amounts eligible under paragraph 4. 6.  Member States" expenditure on the financial contributions shall be co-financed by the Community from the funds referred to in Article 68(1a) at a rate of 50% of the amounts eligible under paragraph 4. In the case of the new Member States, however, the rate referred to in the first subparagraph shall be increased to 70%. Amendment 147 Proposal for a regulation Article 70 a (new) Article 70a Special aids to milk producers 1.  Where the expenditure forecast carried out in accordance with the early-warning system in Regulation (EC) No 1290/2005, indicates that a margin of at least EUR 600 000 000 remains in heading 2 of the financial framework for a given financial year, that amount, less the margin, shall be made available for specific aids to milk producers. 2.  The Commission shall submit to the European Parliament and the Council its estimate for special aids to milk producers together with the preliminary draft budget for the financial year. 3.  Specific aids to milk producers may be employed for the following types of measures: (a) specific support in accordance with Article 68(1)(b) of this Regulation; (b) measures in accordance with Articles 20 and 36(a) of Regulation (EC) No 1698/2005, provided they serve directly to support farms. 4.  Member States shall notify the Commission no later than 15 October of the year in question, on the basis of the preliminary draft budget as set out in paragraph 2, which measures have been taken pursuant to paragraph 3. 5.  Specific aid funding to milk producers shall be distributed among the Member States in accordance with each country's milk reference quantities pursuant to Annex I to Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector. ________ 1 OJ L 270, 21.10.2003, p. 123. Amendment 148 Proposal for a regulation Article 71 For the years 2009, 2010, and 2011 aid shall be granted to farmers producing rice, falling within CN code 1006 10 under the conditions laid down in this section. Aid shall be granted to farmers producing rice, falling within CN code 1006 10 under the conditions laid down in this section. Amendment 149 Proposal for a regulation Article 72 – paragraph 2 – table Text proposed by the Commission (EUR/ha) 2009 2010 and 2011 Bulgaria 345,255 172,627 Greece 561,00 280,5 Spain 476,25 238,125 France 411,75 205,875 Italy 453,00 226,5 Hungary 232,50 116,25 Portugal 453,75 226,875 Romania 126,075 63,037 Amendment (EUR/ha) 2009 to 2013 Bulgaria 345,255 Greece 561,00 Spain 476,25 France 411,75 Italy 453,00 Hungary 232,50 Portugal 453,75 Romania 126,075 Amendment 150 Proposal for a regulation Section 1 a (new) Section 1a protein crop premium Article 74a Scope Aid shall be granted to farmers producing protein crops under the conditions laid down in this section. Protein crops shall include: (a) peas falling within CN code 0713 10; (b) field beans falling within CN code 0713 50; (c) sweet lupins falling within CN code ex 1209 29 50. Article 74b Conditions and amount of the aid Aid shall be EUR 55,57 per hectare of protein crops harvested after the milky maturity stage. However, crops grown on areas which are fully sown and which are cultivated in accordance with local standards, but which do not attain the stage of milky maturity as a result of exceptional weather conditions recognised by the Member State concerned, shall remain eligible for aid provided that the areas in question are not used for any other purpose up to this growing stage. Article 74c Areas 1.  A maximum guaranteed area eligible for aid of 1 400 000 ha is hereby established. 2.  Where the area for which aid is claimed exceeds the maximum guaranteed area, the area per farmer for which aid is claimed shall be reduced proportionately in that year, in accordance with the procedure referred to in Article 128(2). Amendment 151 Proposal for a regulation Article 75 – point a (a)  EUR 66.32 for marketing years 2009/2010 and 2010/2011; -  EUR 66.32 for marketing years 2009/2010, 2010/2011, 2011/2012 and 2012/2013; Amendment 152 Proposal for a regulation Article 75 – point b (b)  EUR 33.16 for marketing years 2011/2012 and 2012/2013. deleted Amendment 153 Proposal for a regulation Section 3 - Articles 77 to 81 Section 3 is deleted Amendment 154 Proposal for a regulation Article 82 – paragraph 2 2.  The aid shall be granted for a maximum of five consecutive years as from the marketing year in which the threshold of 50% referred to in paragraph 1 has been reached but no later than for the marketing year 2013/2014. 2.  The aid shall be granted until the marketing year 2013/2014. Amendments 187, 198 and 209 Proposal for a regulation Section 6 a (new) SECTION 6A AID FOR TOBACCO Article 87a Scope For the harvest years 2010, 2011 and 2012, aid may be granted to farmers producing raw tobacco falling within CN code 2401 under the conditions laid down in this section. Article 87b Conditions governing eligibility The aid shall be granted to farmers who received a tobacco premium under Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organization of the market in raw tobacco1 in the years 2000, 2001 and 2002 and to farmers who obtained production quotas for tobacco during the period from 1 January 2002 to 31 December 2005. Payment of the aid shall be subject to the following conditions: a) the tobacco comes from a production area listed in Annex II to Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector2; b) the quality requirements laid down by Regulation (EC) No 2848/98 have been met; c) the leaf tobacco is supplied by the producer to the first processing undertaking on the basis of a cultivation contract; d) aid is granted in such a way as to guarantee equal treatment of farmers and/or in accordance with objective criteria, such as the location of tobacco producers in an Objective I region or the production of varieties of a given quality. At the end of the period of application of the area-based single payment scheme under Article 111, and where Article 87a applies, production quotas for tobacco shall be awarded, pursuant to the first paragraph, no later than at the end of the first year of application of the single payment scheme. Article 87c Amount The maximum total amount of aid, also including the amounts to be transferred to the Community Tobacco Fund referred to in Article 87d, shall be as follows: 2010-2012 (in EUR m) Germany 21 287 Spain 70 599 France 48 217 Italy (excluding Apulia) 189 366 Portugal 8 468 2009-2012 (in EUR m) Hungary p.m. Bulgaria p.m. Romania p.m. Poland p.m. Article 87d Transfer to the Community Tobacco Fund An amount equal to 5% of the aid granted in accordance with this section for the calendar years 2010 to 2012 shall finance actions of information under the Community Tobacco Fund provided for in Article 13 of Regulation (EEC) No 2075/92. 1. OJ L 215, 30.7.1992, p. 70 2. OJ L 358, 31.12.1998, p. 17. Amendment 155 Proposal for a regulation Article 90 – paragraph 4 4.  Per ewe, the amount of the premium shall be EUR 21. However for farmers marketing sheep's milk or products based on sheep's milk the premium per ewe shall be EUR 6,8. 4.  Per ewe, the amount of the premium shall be EUR 21. However for farmers marketing sheep's milk or products based on sheep's milk the premium per ewe shall be EUR 16,8. Amendment 156 Proposal for a regulation Article 90 – paragraph 5 5.  Per she-goat the amount of the premium shall be EUR 6,8. 5.  Per she-goat the amount of the premium shall be EUR 16,8. Amendment 157 Proposal for a regulation Article 98 – point a (a) 'region' shall mean a Member State or a region within a Member State, at the option of the Member State concerned, deleted Amendment 158 Proposal for a regulation Article 112 a (new) Article 112a National reserve 1.  Member States applying the single area payment scheme shall create a national reserve containing the difference between ceilings fixed in Annex VIIIa and the total value of the direct payments actually paid in the given year. 2.  Member States may use the national reserve in order to grant payments aimed at the implementation of the measures referred to in Article 68, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid the breach of market principles and distortion of competition. Amendment 160 Proposal for a regulation Article 113 – paragraph 4 – subparagraph 2 – point (b a) (new) (ba) requirements referred to in point C of Annex II shall apply with effect from 1 January 2013. Amendment 161 Proposal for a regulation Article 123 Article 123 deleted Financial transfer for restructuring in the tobacco regions As from budget year 2011, an amount of EUR 484 million shall be available as additional Community support for measures in tobacco producing regions under rural development programming financed under the EAFRD, for those Member States in which the tobacco producers received aid in accordance with Council Regulation (EC) No 2075/92 during the years 2000, 2001 and 2002. Amendment 162 Proposal for a regulation Article 129 – point t (t) with regard to cotton, detailed rules in respect of: deleted (i) the calculation of the reduction of the aid provided for in Article 80(3); (ii) the approved inter-branch organisations, in particular their financing and a control and sanction system. Amendment 163 Proposal for a regulation Article 132 – point 1 – point (b) Regulation (EC) No 378/2007 Article 1 − paragraph 5 5.  The modulation rates applicable to a farmer resulting from the application of Article 7 of Regulation (EC) No XXX/2008 (this regulation) minus 5 percentage points shall be deducted from the rate of voluntary modulation applied by Member States in application of paragraph 4 of this Article. Both the percentage to be deducted and the final voluntary modulation rate shall be equal to or higher than 0. 5.  The modulation rates applicable to a farmer resulting from the application of Article 7 of Regulation (EC) No XXX/2008 (this regulation) minus 5 percentage points shall be deducted from the rate of voluntary modulation applied by Member States in application of paragraph 4 of this Article. Both the percentage to be deducted and the final voluntary modulation rate shall be equal to or higher than 0. No adjustments should, however, result in an overall reduction in the amount of EAFRD funding already allocated to rural development programmes, as laid out in the formal Commission decision which approves them. Amendment 164 Proposal for a regulation Article 133 a (new) Article 133a Study on costs of compliance The Commission shall execute a study assessing the actual costs for farmers stemming from complying with Community legislation in the fields of environment, animal welfare and food safety, and which go beyond the standards that import products are subject to. This legislation concerns, among others, the regulations and directives listed in Annex II underpinning the cross-compliance system, as well as the standards defined as good agricultural and environmental condition (GAEC) in Annex III which is also part of the cross compliance requirements. The study shall assess the compliance costs as described above in all Member States, which might differ between Member States and even between regions within Member States on the basis of differences in their climatic, geological, production, economic and social features. Amendment 165 Proposal for a regulation Annex I – line 3 – column 2 Title IV, Chapter 2 of Regulation (EC) No 1782/2003 Title IV, Chapter 1, Section 1a of this Regulation Amendment 166 Proposal for a regulation Annex II – point A – subpoint 4 Text proposed by the Commission 4. Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1) Articles 4 and 5 Amendment 4. Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19) Article 6 Amendment 167 Proposal for a regulation Annex II – point A a (new) Amendment Aa Workplace safety 8a Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1) Article 6 8b Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 262, 17.10.2000, p. 21) Articles 3, 6, 8 and 9 8c Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work (OJ L 216, 20.8.1994, p. 12) 8d Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (sixth individual directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50) Article 3 and Articles 4 to 12 Amendment 168 Proposal for a regulation Annex III – column 2 – heading Standards Examples of relevant requirements Amendment 194 Proposal for a regulation Annex III - line 4 - column 2 - indent 2 a (new) -  Where appropriate, establishment and/or retention of habitats Amendment 169 Proposal for a regulation Annex III – line 4 – column 2 – indent 3 -  Retention of landscape features, including, where appropriate, hedges, ponds, ditches, trees in line, in group or isolated and field margins, -  Retention of landscape features, Amendment 171 Proposal for a regulation Annex III – line 5 – column 2 – indent 1 –  Establishment of buffer strips along water courses, –  Establishment of buffer strips along water courses in accordance with relevant common legislation on the protection of surface water, Amendment 172 Proposal for a regulation Annex IV Text proposed by the Commission million EUR Calendar year 2009 2010 2011 2012 Belgium 583,2 570,9 563,1 553,9 Czech Republic 773,0 Denmark 985,9 965,3 954,6 937,8 Germany 5 467,4 5 339,2 5 269,3 5 178,0 Estonia 88,9 Ireland 1 283,1 1 264,0 1 247,1 1 230,0 Greece 2 567,3 2 365,5 2 348,9 2 324,1 Spain 5 171,3 5 043,4 5 019,1 4 953,5 France 8 218,5 8 021,2 7 930,7 7 796,2 Italy 4 323,6 4 103,7 4 073,2 4 023,3 Cyprus 48,2 Latvia 130,5 Lithuania 337,9 Luxembourg 35,2 34,5 34,0 33,4 Hungary 1 150,9 Malta 4,6 Netherlands 841,5 827,0 829,4 815,9 Austria 727,7 718,2 712,1 704,9 Poland 2 730,5 Portugal 635,8 623,0 622,6 622,6 Slovenia 129,4 Slovakia 335,9 Finland 550,0 541,2 536,0 529,8 Sweden 731,7 719,9 710,6 699,8 United Kingdom 3 373,0 3 340,4 3 335,8 3 334,9 Amendment million EUR Calendar year 2009 2010 2011 2012 Belgium p.m p.m p.m p.m Czech Republic p.m p.m p.m p.m Denmark p.m p.m p.m p.m Germany p.m p.m p.m p.m Estonia p.m p.m p.m p.m Ireland p.m p.m p.m p.m Greece p.m p.m p.m p.m Spain p.m p.m p.m p.m France p.m p.m p.m p.m Italy p.m p.m p.m p.m Cyprus p.m p.m p.m p.m Latvia p.m p.m p.m p.m Lithuania p.m p.m p.m p.m Luxembourg p.m p.m p.m p.m Hungary p.m p.m p.m p.m Malta p.m p.m p.m p.m Netherlands p.m p.m p.m p.m Austria p.m p.m p.m p.m Poland p.m p.m p.m p.m Portugal p.m p.m p.m p.m Slovenia p.m p.m p.m p.m Slovakia p.m p.m p.m p.m Finland p.m p.m p.m p.m Sweden p.m p.m p.m p.m United Kingdom p.m p.m p.m p.m Amendment 173 Proposal for a regulation Annex VIII Text proposed by the Commission Table 1 EUR 1000 Member State 2009 2010 2011 2012 2013 2014 2015 2016 and subsequent years Belgium 614 179 611 901 613 281 613 281 614 661 614 661 614 661 614 661 Denmark 1 030 478 1 031 321 1 043 421 1 043 421 1 048 999 1 048 999 1 048 999 1 048 999 Germany 5 770 254 5 781 666 5 826 537 5 826 537 5 848 330 5 848 330 5 848 330 5 848 330 Ireland 1 342 268 1 340 737 1 340 869 1 340 869 1 340 869 1 340 869 1 340 869 1 340 869 Greece 2 367 713 2 209 591 2 210 829 2 216 533 2 216 533 2 216 533 2 216 533 2 216 533 Spain 4 838 512 5 070 413 5 114 250 5 139 246 5 139 316 5 139 316 5 139 316 5 139 316 France 8 404 502 8 444 468 8 500 503 8 504 425 8 518 804 8 518 804 8 518 804 8 518 804 Italy 4 143 175 4 277 633 4 320 238 4 369 974 4 369 974 4 369 974 4 369 974 4 369 974 Luxembourg 37 051 37 084 37 084 37 084 37 084 37 084 37 084 37 084 Netherlands 853 090 853 169 886 966 886 966 904 272 904 272 904 272 904 272 Austria 745 561 747 298 750 019 750 019 751 616 751 616 751 616 751 616 Portugal 589 723 600 296 600 370 605 967 605 972 605 972 605 972 605 972 Finland 566 801 565 823 568 799 568 799 570 583 570 583 570 583 570 583 Sweden 763 082 765 229 768 853 768 853 770 916 770 916 770 916 770 916 United Kingdom 3 985 834 3 986 361 3 987 844 3 987 844 3 987 849 3 987 849 3 987 849 3 987 849 Table 2* EUR 1000 Member State 2009 2010 2011 2012 2013 2014 2015 2016 and subsequent years Bulgaria 287 399 328 997 409 587 490 705 571 467 652 228 732 986 813 746 Czech Republic 559 622 647 080 735 801 821 779 909 164 909 164 909 164 909 164 Estonia 60 500 70 769 80 910 91 034 101 171 101 171 101 171 101 171 Cyprus 31 670 38 845 43 730 48 615 53 499 53 499 53 499 53 499 Latvia 90 016 104 025 118 258 132 193 146 355 146 355 146 355 146 355 Lithuania 230 560 268 746 305 964 342 881 380 064 380 064 380 064 380 064 Hungary 807 366 935 912 1 064 312 1 191 526 1 318 542 1 318 542 1 318 542 1 318 542 Malta 3 434 3 851 4 268 4 685 5 102 5 102 5 102 5 102 Poland 1 877 107 2 164 285 2 456 894 2 742 771 3 033 549 3 033 549 3 033 549 3 033 549 Romania 623 399 713 207 891 072 1 068 953 1 246 821 1 424 684 1 602 550 1 780 414 Slovenia 87 942 102 047 116 077 130 107 144 236 144 236 144 236 144 236 Slovakia 240 014 277 779 314 692 351 377 388 191 388 191 388 191 388 191 *Ceilings calculated taking account of the schedule of increments provided for under Article 110. Amendment Table 1 EUR 1000 Member State 2009 2010 2011 2012 2013 2014 2015 2016 and subsequent years Belgium p.m p.m p.m p.m p.m p.m p.m p.m Denmark p.m p.m p.m p.m p.m p.m p.m p.m Germany p.m p.m p.m p.m p.m p.m p.m p.m Ireland p.m p.m p.m p.m p.m p.m p.m p.m Greece p.m p.m p.m p.m p.m p.m p.m p.m Spain p.m p.m p.m p.m p.m p.m p.m p.m France p.m p.m p.m p.m p.m p.m p.m p.m Italy p.m p.m p.m p.m p.m p.m p.m p.m Luxembourg p.m p.m p.m p.m p.m p.m p.m p.m Netherlands p.m p.m p.m p.m p.m p.m p.m p.m Austria p.m p.m p.m p.m p.m p.m p.m p.m Portugal p.m p.m p.m p.m p.m p.m p.m p.m Finland p.m p.m p.m p.m p.m p.m p.m p.m Sweden p.m p.m p.m p.m p.m p.m p.m p.m United Kingdom p.m p.m p.m p.m p.m p.m p.m p.m Table 2 EUR 1000 Member State 2009 2010 2011 2012 2013 2014 2015 2016 and subsequent years Bulgaria p.m p.m p.m p.m p.m p.m p.m p.m Czech Republic p.m p.m p.m p.m p.m p.m p.m p.m Estonia p.m p.m p.m p.m p.m p.m p.m p.m Cyprus p.m p.m p.m p.m p.m p.m p.m p.m Latvia p.m p.m p.m p.m p.m p.m p.m p.m Lithuania p.m p.m p.m p.m p.m p.m p.m p.m Hungary p.m p.m p.m p.m p.m p.m p.m p.m Malta p.m p.m p.m p.m p.m p.m p.m p.m Poland p.m p.m p.m p.m p.m p.m p.m p.m Romania p.m p.m p.m p.m p.m p.m p.m p.m Slovenia p.m p.m p.m p.m p.m p.m p.m p.m Slovakia p.m p.m p.m p.m p.m p.m p.m p.m Amendment 174 Proposal for a regulation Annex X – part I – indent 2 – from 2010, the protein crop premium provided for in Chapter 2 of Title IV of Regulation (EC) No 1782/2003; deleted Amendment 175 Proposal for a regulation Annex X – part I – indent 3 – from 2010 the crop specific payment for rice provided for in Chapter III of Title IV of Regulation (EC) No 1782/2003 and Section 1 of Chapter 1 of Title IV of this Regulation, in accordance with the time schedule provided for in Article 72(2) of this Regulation; – from 2013 the crop specific payment for rice provided for in Chapter III of Title IV of Regulation (EC) No 1782/2003 and Section 1 of Chapter 1 of Title IV of this Regulation, in accordance with the time schedule provided for in Article 72(2) of this Regulation; Amendment 176 Proposal for a regulation Annex X – part I – indent 5 – from 2011 the aid for processing dried fodder provided for in Subsection I of Section I of Chapter IV of Title I of Part II of Regulation (EC) No 1234/2007; deleted Amendment 177 Proposal for a regulation Annex X – part I – indent 6 – from 2011 the aid for processing flax grown for fibre in Subsection II of Section I of Chapter IV of Title I of Part II of Regulation (EC) No 1234/2007, in accordance with the time schedule provided for in that subsection; – from 2013 the aid for processing flax grown for fibre in Subsection II of Section I of Chapter IV of Title I of Part II of Regulation (EC) No 1234/2007, in accordance with the time schedule provided for in that subsection; Amendment 178 Proposal for a regulation Annex X – part I – indent 7 – from 2011 the potato starch premium provided for in Article [95a] of Regulation (EC) No 1234/2007 and, in accordance with the time schedule of Article 75 of this Regulation, the aid for starch potato provided in that Article. – from 2013 the potato starch premium provided for in Article [95a] of Regulation (EC) No 1234/2007 and, in accordance with the time schedule of Article 75 of this Regulation, the aid for starch potato provided in that Article. Amendment 179 Proposal for a regulation Annex X – part I a (new) Ia From 2010, where a Member State does not take the decision referred to in Article 64 of this Regulation: - the protein crop premium provided for in Chapter 2 of Title IV of Regulation (EC) No 1782/2003; - the crop specific payment for rice provided for in Chapter III of Title IV of Regulation (EC) No 1782/2003 and Section 1 of Chapter 1 of Title IV of this Regulation, in accordance with the time schedule provided for in Article 72(2) of this Regulation; - the aid for processing dried fodder provided for in Subsection I of Section I of Chapter IV of Title I of Part II of Regulation (EC) No 1234/2007. Amendment 180 Proposal for a regulation Annex XI – "Dried fodder" table "Dried fodder" table deleted Amendment 181 Proposal for a regulation Annex XI – "Protein crops" table "Protein crops" table deleted Amendment 182 Proposal for a regulation Annex XI – "Rice" table Column 2010 deleted Column 2011 Column 2012 Amendment 183 Proposal for a regulation Annex XI – "Long fibre flax" table Column 2011 deleted Column 2012 Amendment 184 Proposal for a regulation Annex XI – "Potato starch processing aid" table Column 2011 deleted Column 2012 Amendment 185 Proposal for a regulation Annex XI – "Potato starch aid for growers" table Column 2011 deleted Column 2012