Regulation on CAP Strategic Plans - Definitions - Hoofdinhoud

Council of the European Union

Brussels, 17 September 2019 (OR. en)

12268/19

Interinstitutional File: 2018/0216(COD) i

AGRI 442 AGRIFIN 53 AGRILEG 161 AGRISTR 50 AGRIORG 54 CODEC 1401 CADREFIN 323

NOTE

From: Presidency

To: Special Committee on Agriculture

No. Cion doc.: 9645/18 + COR 1 + ADD 1

Subject: Regulation on CAP Strategic Plans

• - 

  Definitions

Delegations will find in the Annex a Presidency paper on the abovementioned subject for an

exchange of views at the Special Committee on Agriculture on 23 September 2019.

ANNEX

PRESIDENCY PROPOSAL ON DEFINITIONS ON CAP STRATEGIC PLANS

REGULATION

This Presidency discussion paper on the definitions in the CAP Strategic Plan Regulation takes into

account:

• the latest Romanian Presidency’s drafting suggestions (10103/1/19 REV 1) and the written

comments sent by Member States concerning those suggestions;

• the discussions in the Working Party of Horizontal Agricultural Questions on 4-5 July 2019.

The objective of this paper is to describe the state of play regarding the definitions in Article 3 and

the definitions and conditions in Article 4, as well as to propose compromise texts for the open

issues.

The modifications the Finnish Presidency is suggesting for Articles 3 and 4 are set out in the Annex,

together with an explanation of the changes made.

Article 3 Definitions

Member States seem to be mainly satisfied with the definitions in Article 3 as only some individual

comments were submitted on them. Therefore, no substantial changes are suggested by the Finnish

Presidency. Minor technical clarifications are suggested in points (a) ‘farmer’, (i) ‘targets’ and (j)

‘milestones’.

Article 4 Definitions and conditions to be formulated in the CAP Strategic Plans

Member States seem also satisfied with most of the definitions and conditions set out in Article 4.

The Presidency suggests that the word ‘related’ be deleted from the Title of the Article because it

seems to be unnecessary.

• A. 

  Arable land (Article 4(1)(b)(i))

To avoid discrimination between different interventions, references to areas set aside for the

purpose of eco-schemes (Art. 28) or in accordance with GAEC 9 (Annex III) have been included.

• B. 

  Permanent grassland and permanent pasture (Article 4(1)(b)(iii))

A majority of Member States could accept the wording of the Romanian Presidency on ‘permanent

grassland’. Only a very limited number of Member States asked for changes or preferred either the

Commission proposal or the text from the "Omnibus" Regulation.

Thus, the text of ‘permanent grassland’ was mainly kept unchanged, with the exception of minor

technical clarifications to ensure the quality of the legal drafting.

• C. 

  Young farmer (Article 4(1)(e))

A large majority of Member States could accept the present wording of the definition of ‘young

farmer’. Only a few Member States considered that training or skills requirement should be

obligatory for Member States. Therefore, the Presidency kept the definition of ‘young farmer’

unchanged.

Concerning the possibility to insert a definition of "new farmer", which also emerged from the

comments received, the Presidency preferred not to include it due to the limited support for this

request.

• D. 

  Eligible hectare (Article 4(1)(c))

The majority of the comments received concerned the definition of ‘eligible hectare’ for direct

payments. Requests to redraft the text or requests to explain the wording came from many Member

States. The Romanian Presidency's text specified that the definition should include landscape

features whose retention is mandatory under GAEC 9; in addition, it introduced the possibility for

Member States to include other landscape features up to a maximum size to be decided by

themselves, and to apply a pro-rata reduction for scattered ineligible features on permanent

grassland.

With regard to landscape features under GAEC 9, some Member States would not want them to be

eligible obligatorily. Many other Member States, however, would prefer to broaden the definition to

cover further landscape features or areas used for attaining environmental objectives. Some

Member States requested that, if flexibility were increased, the further landscape features should be

voluntary for Member States. A few Member States would like to have very large flexibility to

define ‘eligible hectare’ to take into account, for example, different biotopes.

A few Member States mentioned that a maximum size for acceptable landscape features, or

minimum common parameters, should be inserted to ensure consistent implementation in the

Member States. But some other Member States considered that setting an acceptable size would not

be appropriate and the matter should thus be up to the Member State to decide.

Paludiculture was proposed to be included into the ‘eligible hectare’ definition or to the definition

of ‘agricultural activity’ by some Member States. According to the Commission, paludiculture can

be already eligible without further amending the text. Taking into account these different opinions,

and in order to ensure consistency with environmental ambition, the Finnish Presidency proposes in

the Annex certain modifications to the definition of ‘eligible hectare’.

Question to the Member States on the definition of ´eligible hectare´:

Do you agree with the suggested changes to the definition of ‘eligible hectare’ as set out in

the Annex?

• E. 

  Genuine farmer (Article 4(1a))

Nearly all Member States that sent comments on the definition of ‘genuine farmer’ supported a

voluntary application for Member States, arguing that it would be preferable if Member States

could lay down the definition and the related conditions freely.

The Commission has remarked several times the importance it attributes to a more precise

definition of ‘genuine farmer’ compared to the drafting suggestions of the Romanian Presidency.

A few Member States would like to have a list of criteria for ´genuine farmer´, for example

concerning retirement age. According to the Commission, criteria concerning age are not

acceptable.

For clarification reasons, some modifications to the definition of ’genuine farmer’ were made in the

drafting suggestions of the Finnish Presidency.

Question to Member States on the definition of ‘genuine farmer’:

Which of the two options in the Annex could you support?

In option 1 the points are in a different order than in the suggestion of the Romanian Presidency,

but the option is still very flexible for Member States.

In option 2 the history of defining ‘active/genuine farmers’ has been taken into account so that if

the Member States wish to define ´genuine farmers´, Member States would need to ensure that no

direct support is granted to farmers for whom farming is an insignificant activity from an economic

point of view or whose principal business activity is not agriculture.

ANNEX TO THE ANNEX

P RESIDENCY ' S EXPLANATIONS ON THE PROPOSED DRAFTING SUGGESTIONS

(CAP Strategic Plans Regulation, Articles 3 and 4)

In the first two columns, compared to the Commission proposal, the added text is marked in bold and underlined and strikethrough is used for deleted text. In the second column, changes compared to the last drafting suggestions proposed by the Romanian Presidency are highlighted in yellow.

Last suggestions proposed by the RO PRES Explanation of the

(doc. 10103/19) Revised drafting suggestions proposed change(s)

Article 3(a) - "Farmer"

(a) 'farmer' means a natural or legal person, or a group of (a) 'farmer' means a natural or legal person, or a group of “Determined” is, from a legal natural or legal persons, regardless of the legal status natural or legal persons, regardless of the legal status point of view, more

granted to such group and its members by national law, granted to such group and its members by national law, appropriate than “defined”. whose holding is situated within the territorial scope of whose holding is situated within the territorial scope of the

the Treaties, as defined in Article 52 of the Treaty on Treaties, as defined in Article 52 of the Treaty on European Reference added to clarify that European Union (TEU) in conjunction with Articles 349 Union (TEU) in conjunction with Articles 349 and 355 of the determination of and 355 of the Treaty on the Functioning of the European the Treaty on the Functioning of the European Union agricultural activity is linked Union (TFEU), and who exercises an agricultural activity (TFEU), and who exercises an agricultural activity as to the definition set in Art. as defined by Member States; deftermined by Member States in accordance with 4(1)(a).

Article 4(1)(a) of this Regulation;

Article 3(i) - "Targets"

(i) 'targets' means pre-agreed values to be achieved at the (i) 'targets' means pre-agreedestablished values to be achieved “Pre-established” describes end of the period in relation to the result indicators at the end of the period in relation to the result indicators better the planning and setting included under a specific objective; included under a specific objective; of intermediate targets.

Article 3(j) - "Milestones"

(j) 'milestones' means intermediate targets pre-agreed (j) 'milestones' means intermediate targets pre-established “Pre-established” describes

ANNEX LIFE.1 EN

Last suggestions proposed by the RO PRES

(doc. 10103/19) Revised drafting suggestions

Explanation of the proposed change(s)

values for specific financial years to be achieved at a values for a specific financial year to be achieved at a better the planning and setting given point in time during the CAP Strategic Plan given point in time during the CAP Strategic Plan period in of values. period in relation to the result indicators included under relation to the result indicators included under a specific a specific objective; objective;

Article 4 Definitions and conditions to be formulated in the CAP Strategic Plans

Article 4(1)(b)(i) - "Arable land"

(i) 'arable land' shall be land cultivated for crop (i) 'arable land' shall be land cultivated for crop production or Also the set aside areas in production or areas available for crop production areas available for crop production but lying fallow, and accordance with Article 28 and but lying fallow, and include areas set aside in include areas set aside in accordance with Articles 22, 23 GAEC 9 are taken into account accordance with Articles 22, 23 and 24 of Council and 24 of Council Regulation (EC) No 1257/1999 i, with so that discrimination between Regulation (EC) No 1257/1999 i, with Article 39 of Article 39 of Council Regulation (EC) No 1698/2005 i, with different measures does not Council Regulation (EC) No 1698/2005 i , with Article 28 of Regulation (EU) No 1305/2013 i or with exist.

Article 28 of Regulation (EU) No 1305/2013 i or Article 28 or Article 65 or GAEC 9 referred to in Annex with Article 65 of this Regulation; III of this Regulation;

Article 4(1)(b)(iii) - "Permanent grassland"

(iii) 'permanent grassland and permanent pasture' (together (iii) 'permanent grassland and permanent pasture' (together Because of legal clarification referred to as 'permanent grassland') shall be land used to referred to as 'permanent grassland') shall be land used to the words “and/or” have been grow grasses or other herbaceous forage naturally grow grasses or other herbaceous forage naturally (selfreplaced with another wording (self-seeded) or through cultivation (sown) and that seeded) or through cultivation (sown) and that has not around “tilled” and replaced has not been included in the crop rotation of the holding been included in the crop rotation of the holding for five with the word “or” after

for five years or more, as well as, where Member States years or more, as well as, where Member States so “shrubs”. This allows Member so decide, that has not been tilled and/or ploughed up decide, that has been neither tilled nor ploughed up for States to decide that land used for five years or more; it may include other species five years or more; it may include other species such as to grow grasses or other such as shrubs and/or trees which can be grazed and, shrubs or trees which can be grazed and, where herbaceous forage naturally where Member States so decide, other species such as Member States so decide, other species such as (self-seeded) or through shrubs and/or trees which produce animal feed, shrubs . or trees which produce animal feed, provided cultivation (sown) does not provided that the used to grow grasses or and other that the used to grow grasses or and other herbaceous become permanent grassland if herbaceous forage naturally (self-seeded) or through forage naturally (self-seeded) or through cultivation (sown) it (i) has been ploughed up at cultivation (sown) remain predominant. […] remain predominant. […] least once for five years or

ANNEX LIFE.1 EN

Last suggestions proposed by the RO PRES Explanation of the

(doc. 10103/19) Revised drafting suggestions proposed change(s)

more (ii) has been tilled at least once for five years or more or (iii) has been ploughed up or tilled at least once for five years or more.

Article 4(1)(c) - "Eligible hectare"

(c) for the purpose of types of interventions in the form of (c) for the purpose of types of interventions in the form of “Determined” is, form a legal direct payments, 'eligible hectare' shall be defined in a direct payments, 'eligible hectare' shall be deftermined in a point of view, more

way that it includes any agricultural area of the holding: way that it includes any agricultural area of the holding appropriate than "defined".

consists of: "Includes" has been replaced

by "consists of" for sake of legal certainty.

(i) any agricultural area of the holding that, during (i) any agricultural area of the holding that, during the year for which support is requested, is used for the year for which support is requested, is used for The previous text from the end an agricultural activity or, where the area is also an agricultural activity or, where the area is also of this point (“Member States used for non-agricultural activities, is used for non-agricultural activities, is may, for climate and predominantly used for agricultural activities, and predominantly used for agricultural activities, and environmental reasons, apply which is at the farmer's disposal. They shall which is at the farmer's disposal. Where duly further restrictions to the include any landscape feature subject to the justified for environmental or climate-related eligibility of agricultural retention obligation under GAEC 9 referred to reasons, Member States may decide that eligible area.”) is now included under in Annex III. Where duly justified for hectares: this point and some changes

environmental reasons, eligible hectares may also - may also include certain areas used for were made to it for include certain areas used for agricultural activities agricultural activities only every second clarification reasons. only every second year. year or

Eligible hectares may also contain landscape - do not include agricultural areas

features not exceeding a maximum size to be resulting from the conversion of land Several Member States have determined by the Member States, or trees, with a negative impact on the climate or requested modifications to the provided they do not hamper the performance environment. conditions of "eligible hectare"

of the agricultural activity. in order to better take into account environmental and

ANNEX LIFE.1 EN

Last suggestions proposed by the RO PRES

(doc. 10103/19) Revised drafting suggestions

Explanation of the proposed change(s)

As regards permanent grassland with scattered (ia) any area of the holding: climate ambition. Therefore, ineligible features, such as landscape features or - covered by landscape features subject to the Presidency suggests a

trees, Member States may decide to apply fixed the retention obligation under GAEC 9 limited widening of the reduction coefficients to determine the area referred to in Annex III; definition of eligible hectare.

considered eligible, as referred to in Article

66(2)(b) of [HzR]. - used to attain the minimum share of

The aim of these modifications

agricultural area devoted to nonis to find a balance between environmental concerns and

productive features or areas under

GAEC 9; rules on eligibility of land.

• - 

  which, for the duration of the relevant The text referring to maximum size of landscape features was

  commitment by the farmer, is established

  or maintained as a result of an ecodeleted because under Article 4 Member States can set

  scheme referred to in Article 28. further provisions on Member States may decide that eligible landscape features in their hectares also contain other landscape features, CAP Strategic Plans. provided that they do not unduly hamper “Trees” were deleted because performing an agricultural activity. As regards it is understood that they are permanent grassland with scattered ineligible already part of landscape features, Member States may decide to apply features (a reference to this fixed reduction coefficients to determine the could be included in the area considered eligible. recitals - to be considered at a

  later stage)..

(ii) any area of the holding that gave a right to (ii) any area of the holding that gave a right to This point has been clarified in

payments under Subsection 2 of Section 2 of payments under Subsection 2 of Section 2 of order to ensure that land,

Chapter II of Title III of this Regulation or under Chapter II of Title III of this Regulation or under which is used to fulfill certain

the basic payment scheme or the single area the basic payment scheme or the single area environmental goals, remains

payment scheme laid down in Title III of payment scheme laid down in Title III of eligible.

Regulation (EU) No 1307/2013 i, and which: Regulation (EU) No 1307/2013 i, and which: no

longer complies with the definition of is not an Some technical changes were

• - 

  no longer complies does not comply with 'eligible hectare' set out in point (a) of Regulation also made to ensure

the definition of 'eligible hectare' set out in (EU) No 1307/2013 as determined by Member consistency with previous sub

ANNEX LIFE.1 EN

Last suggestions proposed by the RO PRES Explanation of the

(doc. 10103/19) Revised drafting suggestions proposed change(s)

point (a) of Regulation (EU) No 1307/2013 i States on the basis of sub-points (i) and (ia) of points and to improve the as defined by Member States on the basis this point: quality of legal drafting.

of sub-point (i) of this point as a result of - as a result of the implementation the implementation of Directives 92/43/EEC i application of Directives 92/43/EEC i, and and 2009/147/EC or Directive 2000/60/EC i; 2009/147/EC or Directive 2000/60/EC i to

• - 

  for the duration of the relevant commitment this area; by the individual farmer, is afforested - as a result of the implementation of a pursuant to Article 31 of Regulation (EC) standard under GAEC 2 referred to in No 1257/1999 or to Article 43 of Regulation Annex III of this Regulation;

  (EC) No 1698/2005 or to Article 22 of

  Regulation (EU) No 1305/2013 i or Articles - for the duration of the relevant an 65 and 68 of this Regulation, or under a afforestation commitment by the national scheme the conditions of which individual farmer, is afforested pursuant to comply with Article 43(1), (2) and (3) of Article 31 of Regulation (EC) No Regulation (EC) No 1698/2005 i or Article 22 1257/1999 or to Article 43 of Regulation of Regulation (EU) No 1305/2013 i or (EC) No 1698/2005 or to Article 22 of Articles 65 and 67 68 of this Regulation.; Regulation (EU) No 1305/2013 i or to

  Article 65 or Article 68 of this

• - 

  for the duration of the relevant commitment Regulation, or under a national scheme the

of the individual farmer, is set aside pursuant conditions of which comply with Article

to Articles 22, 23 and 24 of Regulation (EC) 43(1), (2) and (3) of Regulation (EC) No

No 1257/1999, to Article 39 of Regulation 1698/2005 i or Article 22 of Regulation (EU)

(EC) No 1698/2005, to Article 28 of No 1305/2013 or Articles 65 and 67 or

Regulation (EU) No 1305/2013 i or to Article Article 68 of this Regulation.;

65 of this Regulation. - for the duration of the relevant a set aside

Member States may, for climate and commitment of by the individual farmer, is environmental reasons, apply further set aside pursuant to Articles 22, 23 and 24 restrictions to the eligibility of agricultural area. of Regulation (EC) No 1257/1999 i, to Areas used for the production of hemp shall only Article 39 of Regulation (EC) No be eligible hectares if the varieties used have a 1698/2005, to Article 28 of Regulation tetrahydrocannabinol content not exceeding 0,2 %; (EU) No 1305/2013 or to Article 65 of this

Regulation.

ANNEX LIFE.1 EN

Last suggestions proposed by the RO PRES

(doc. 10103/19) Revised drafting suggestions

Explanation of the proposed change(s)

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

Article 4(1a) - "Genuine farmer"

1a. Genuine farmers may be defined by Member States N.B.: For both "Option 1" and "Option 2", the first and the second subparagraphs of paragraph according to objective and non-discriminatory 1a are inverted compared to the previous drafting suggestions by the Romanian Presidency criteria. Member States may consider genuine (10103/19). Changes in the second sub-paragraphs of each options are marked vis-à-vis the first farmers the farmers who received direct payments not subparagraph in the previous drafting suggestions.

exceeding a certain amount for the previous year.

Such an amount shall not be higher than EUR 5 000. Option 1:

In Member States that define in their CAP Strategic 1a. Member States may decide in their CAP Strategic Clarification of text. In the Plans "genuine farmer" and set applicable conditions Plans to apply Articles 15a, 17(3), 21(1), 22(5), 24(1), views expressed by Member in accordance with the first subparagraph, Articles 28(2), 29(1), 34, 66(2) and 70(2) only to "genuine States, it would still be 15a, 17(3), 21(1), 22(5), 24(1), 28(2), 29(1), 34, 66(2), farmers" as determined in accordance with the second appropriate to maintain the 67(2) and 70(2) shall only apply to farmers that subparagraph. definition as voluntary.

comply with this definition and fulfil the applicable Member States may determine in their CAP Strategic conditions. Plans which farmers shall be considered as "genuine

farmers" according to objective and non-discriminatory The reference to SPR Art. criteria. In case Member States consider as genuine 67(2) (areas with area-specific farmers those farmers who did not receive direct disadvantages) was deleted.. It payments exceeding a certain amount for the previous is not necessary to broaden the year, such an amount shall not be higher than EUR scope of "genuine farmer"

5 000. from the Commission proposal.

.

Option 2: In option 2, following the

1a. Member States may decide in their CAP Strategic approach taken in the previous

Plans to apply Articles 15a, 17(3), 21(1), 22(5), 24(1), reforms as regards active farmers, a more precise frame

ANNEX LIFE.1 EN

Last suggestions proposed by the RO PRES

(doc. 10103/19) Revised drafting suggestions

Explanation of the proposed change(s)

28(2), 29(1), 34, 66(2) and 70(2) only to "genuine is suggested to determine farmers" as determined in accordance with the second “genuine farmer”, including subparagraph. criteria mostly in continuity

Member States may determine in their CAP Strategic with the current definition of Plans which farmers shall be considered as "genuine "active farmer"..

farmers" according to objective and non-discriminatory criteria, ensuring that no support is granted to those whose agricultural activity forms only an insignificant part of their overall economic activities or whose principal business activity is not agriculture, while not precluding from support pluri-active farmers. In case Member States consider as genuine farmers those farmers who did not receive direct payments exceeding a certain amount for the previous year, such an amount shall not be higher than EUR 5 000.

ANNEX LIFE.1 EN

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