Changes from plenary report to adopted text

RemovedArticle 8 – paragraph 1 – point -1 (new), Article 17 – paragraph 6 a (new): (-1) In Article 17, the following paragraph is added: / “6a. Member States may continue to undertake new legal commitments in relation to beneficiaries during the transitional period referred to in Article -1 of Regulation (EU) .../... of the European Parliament and of the Council [Transitional Regulation]. Applications for support submitted before 2021 and not approved due to lack of financial allocation for such support in the programme concerned shall continue to be eligible during that transitional period.”

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

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

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 1, Article 28 – paragraph 5 – subparagraph 2: For new commitments to be undertaken from the start of the transitional period referred to in Article -1 of Regulation (EU) … /… [Transitional Regulation], Member States shall determine a shorter period of one to five years in their rural development programmes. However, where necessary in order to achieve or maintain the environmental and climate benefits sought, Member States may determine a longer period for new commitments. In that case, Member States shall take into account that those commitments need to be adapted in the preparation and content of the CAP strategic plan. If Member States provide for an annual extension of existing commitments after the termination of the initial period in accordance with the first subparagraph, the extension shall not go beyond one year from the start of the transitional period. Should the support to the beneficiary fall below the level granted in the previous planning period, Member State may provide that beneficiary with the possibility to opt out of the legal commitments before its original termination.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 2, Article 29 – paragraph 3 – subparagraph 2: For new commitments to be undertaken from the start of the transitional period referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation], Member States shall determine a period of one to five years in their rural development programmes. However, Member States shall take into account that those commitments need to be adapted in the preparation and content of the CAP strategic plan and need to maintain the environmental and climate benefits sought. If Member States provide for an annual extension for the existing commitments after the termination of the initial period in accordance with the first subparagraph, the extension shall not go beyond one year from the start of the transitional period. Should the support to the beneficiary fall below the level granted in the previous planning period, the Member State may provide that beneficiary with the possibility to opt out of the legal commitments before its original termination.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 2 a (new), Article 31 – paragraph 5: (2a) in Article 31, paragraph 5 is replaced by the following: / "5. In addition to the payments provided for in paragraph 2, Member States may grant payments under this measure between 2014 and 2020 to beneficiaries in areas which were eligible under Article 36(a)(ii) of Regulation (EC) No 1698/2005 during the 2007-2013 programming period. For beneficiaries in areas that are no longer eligible following the new delimitation referred to in Article 32(3), those payments shall be degressive over a maximum period of four years. That period shall start on the date that the delimitation in accordance with Article 32(3) is completed and at the latest in 2019. Those payments shall start at no more than 80 % of the average payment fixed in the programme for the programming period 2007-2013 in accordance with Article 36(a)(ii) of Regulation (EC) No 1698/2005, and shall end at the latest at the end of the transitional period referred to in Article -1 of Regulation (EU)…/… [Transitional Regulation] at no more than 20 %. When the application of degressivity results in the level of the payment reaching EUR 25, the Member State can continue payments at this level until the phasing out period is completed. / By way of derogation from the first subparagraph, where degressive payments start only in the year 2019, those payments shall start at no more than 80 % of the average payment fixed in the 2014-2020 programming period. The payment level shall be established in such a way that the end-lev…

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

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

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 3, Article 33 – paragraph 2 – subparagraph 3: For new commitments to be undertaken as from the start of the transitional period, Member States shall determine a shorter period of one to five years in their rural development programmes. However, where necessary in order to achieve or maintain the animal welfare benefits sought, Member States may determine a longer period for new commitments. In that event, Member States shall take into account that those commitments need to be adapted in the preparation and content of the CAP strategic plan. Member States may provide for a renewal of commitments after the termination of the initial period in accordance with the first subparagraph.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 3 a (new), Article 38 – paragraph 3 – subparagraph 2: (3a) In Article 38(3), the second subparagraph is replaced by the following: / “Support under point (b) of Article 36(1) shall only be granted to cover for loss caused by the outbreak of adverse climatic events, an animal or plant disease, a pest infestation, or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest or an environmental incident, which destroy more than 20 % of the average annual production of the farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry. Indexes may be used in order to calculate the annual production of the farmer. The calculation method used shall permit the determination of the actual loss of an individual farmer in a given year."

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

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

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 3 b (new), Article 39 – paragraph 1: (3b) In Article 39, paragraph 1 is replaced by the following: / "1. Support under point (c) of Article 36(1) shall only be granted where the drop of income exceeds 20 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of point (c) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance. Indexes may be used to calculate the annual loss of income of the farmer."

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

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

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 5 a (new), Article 51 – paragraph 2 – subparagraph 3 a (new): (5a) In Article 51(2), the following subparagraph is added: / “In the event that a Member State decides to make use of the possibility referred to in Article 1(1) of Regulation (EU) .../... [Transitional Regulation ], that Member State may decide to increase the 4 % limit referred to in this paragraph to up to 6 % for the duration of the transitional period referred to in Article -1 of that Regulation. The amount of such increase shall be compensated for by a lower percentage of technical assistance in the years 2022-2027 or, where Article -1(2) of that Regulation applies, in the years 2023-2027.”

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

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 6 – point a, Article 58 – paragraph 1 – subparagraph 2: Without prejudice to paragraphs 5, 6 and 7, the total amount of Union support for rural development under this Regulation for the transitional period as referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation], shall be maximum EUR X*, in current prices, in accordance with the multiannual financial framework for the years 2021 to 2027. / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 9 a (new), Article 82 a (new): (9a) The following Article is added to the end of Title VIII: / “Article 82a / National fiscal measures / In order to limit the effects of income variability, Articles 107, 108 and 109 TFEU shall not apply to national fiscal measures whereby Member States decide to deviate from general tax rules by allowing for the income tax base applied to farmers to be calculated on the basis of a multiannual period, including by deferring part of the tax base, or by allowing the exclusion of amounts placed in a dedicated agricultural savings account."

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

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

RemovedRegulation (EU) No 1306/2013

RemovedArticle 9 – paragraph 1 – point -1 (new), Article 25: (-1) Article 25 is replaced by the following: / "Article 25 / A reserve intended to provide additional support for the agricultural sector in the case of major crises affecting the agricultural production or distribution ("the reserve for crises in the agricultural sector") shall be established at the beginning of each year in the EAGF. / The total amount of the reserve shall be EUR 2800 million with equal annual instalments of EUR 400 million (at 2011 prices) for the period 2014-2020 and shall be included under Heading 2 of the Multiannual Financial Framework as set out in the Annex to Regulation (EU, Euratom) No1311/2013. / For 2021, the amount of the reserve shall be EUR 400 million (at 2011 prices) in addition to the EAGF and EAFRD budgets and shall be included under Heading 3 of the Multiannual Financial Framework as set out in the Annex to Council Regulation (EU) .../... *[MFF]. / At the beginning of the years following2021, the amount of the reserve shall be at least equal to the initial amount allocated in 2021 and shall be adjusted through the annual budgetary procedure or during the year, where appropriate, in view of market crisis developments or perspectives in the current or following year and taking into account available revenues assigned to the EAGF or margins of available appropriations under the EAGF sub-ceiling. / Where those available appropriations are not sufficient, financial discipline may be used as a last resort to finance the reserve up to the amoun…

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

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

RemovedRegulation (EU) No 1306/2013

RemovedArticle 9 – paragraph 1 – point 1, Article 25 – paragraph 3: deleted / (deleted)

RemovedRegulation (EU) No 1306/2013

RemovedArticle 9 – paragraph 1 – point 3, Article 35 – paragraph 5: 5. For programmes for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of Regulation (EU) [XXXX/XXXX] [This Regulation], no pre-financing shall be granted for the allocations during the transitional period referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation].

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 1, Article 11 – paragraph 6 – subparagraph 4: For every year of the transitional period referred to in Article -1 of Regulation (EU).../2020 of the European Parliament and of the Council [Transitional Regulation], Member States shall notify the Commission of the decisions taken in accordance with this Article and of any estimated product of reductions by 1 August of the preceding year.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 2 – point a, Article 14 – paragraph 1 – subparagraph 7: By 31 December 2020, Member States may decide to make available, as additional support financed under the EAFRD in financial year 2022, up to 15 % of their annual national ceilings for calendar year 2021 set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 2 – point a a (new), Article 14 – paragraph 1 – subparagraph 7 a (new): (aa) in paragraph 1, the following subparagraph is added: / "Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, Member States may decide by 31 December 2020, to make available, as additional support financed under the EAFRD in financial year 2023, up to 15 % of their annual national ceilings for the calendar year 2022 set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen."

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 2 – point b, Article 14 – paragraph 2 – subparagraph 7: By 31 December 2020, Member States which do not take the decision referred to in paragraph 1 for financial year 2022, may decide to make available as direct payments up to 15 %, or in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden up to 25 %, of the amount allocated to support financed under the EAFRD in financial year 2022 by Union legislation adopted after the adoption of Council Regulation (EU) [xxxx/xxxx]*[MFF]. As a result, the corresponding amount shall no longer be available for support financed under the EAFRD. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 2 – point b a (new), Article 14 – paragraph 2 – subparagraph 7 a (new): (ba) in paragraph 2, the following subparagraph is added: / "Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, Member States which do not take the decision referred to in paragraph 1 of this Article for financial year 2023, may by 31 December 2020 decide to make available as direct payments up to 15 % or, in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden, up to 25 %, of the amount allocated to support financed under the EAFRD in financial year 2023 by Union legislation adopted after the adoption of Council Regulation (EU) …/… [MFF]. As a result, the corresponding amount shall no longer be available for support financed under the EAFRD. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen."

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 3, Article 15a – title: Notifications for calendar years during the transitional period

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 3, Article 15a – paragraph 1: For every calendar year of the transitional period, Member States shall notify the percentages of the annual national ceiling referred to in Articles 22(2), 42(1), 49(1), 51(1) and 53(6) by 1 August of the preceding year.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 4, Article 22 – paragraph 5 – subparagraph 2: For every calendar year of the transitional period, if the ceiling for a Member State set by the Commission pursuant to paragraph 1 is different from that of the previous year as a result of a change in the amount set out in Annex II or as a result of any decision taken by that Member State in accordance with paragraph 3 of this Article, Article 14(1) or (2), Article 42(1), Article 49(1), Article 51(1), or Article 53, that Member State shall linearly reduce or increase the value of all payment entitlements and/or reduce or increase the national reserve or regional reserves in order to ensure compliance with paragraph 4 of this Article.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 5, Article 23 – paragraph 6 – subparagraph 4: For every calendar year of the transitional period, Member States applying the first subparagraph of paragraph 1 shall notify the Commission by 1 August of the preceding year of the decisions referred to in paragraphs 2 and 3.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 6, Article 25 – paragraph 11– subparagraph 1 – introductory part: After having applied the adjustment referred to in Article 22(5), Member States that have made use of the derogation provided for in paragraph 4 of this Article shall ensure that payment entitlements held by farmers on 31 December 2019 and, where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, 31 December 2020, having a value lower than the national or regional unit value for the subsequent year of the transitional period as calculated in accordance with the second subparagraph of this paragraph have their unit value increased towards the national or regional unit value in the corresponding year. The increase shall be calculated under the following conditions:

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 6, Article 25 – paragraph 11 – subparagraph 1 – point b: (b) to finance the increase, all or part of the owned or leased-in payment entitlements held by farmers on 31 December 2019 and, where Article -1(2) of the Regulation (EU) .../... [Transitional Regulation] applies, 31 December 2020, having a value higher than the national or regional unit value in the subsequent year of the transitional period as calculated in accordance with the second subparagraph shall be reduced. That reduction shall apply to the difference between the value of those entitlements and the national or regional unit value in the corresponding year. The application of that reduction shall be based on objective and non-discriminatory criteria, which may include the fixing of a maximum decrease.