# Official Journal C 404/6 Oc

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 404 |
| | |
| English edition | Information and Notices | Volume 646 October 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 404

English edition

Information and Notices

Volume 646 October 2021

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| Contents | page |
| --- | --- |
| | |
| | EUROPEAN PARLIAMENT
  2020-2021 SESSIONSittings of 19 to 23 October 2020
  The texts adopted of 20 October 2020 concerning the discharge for the financial year 2018 have been published in
  OJ L 420, 14.12.2020 .TEXTS ADOPTED | 1 |

Contents

page

EUROPEAN PARLIAMENT
  2020-2021 SESSIONSittings of 19 to 23 October 2020
  The texts adopted of 20 October 2020 concerning the discharge for the financial year 2018 have been published in
  OJ L 420, 14.12.2020 .TEXTS ADOPTED

EUROPEAN PARLIAMENT

The texts adopted of 20 October 2020 concerning the discharge for the financial year 2018 have been published in

OJ L 420, 14.12.2020

1

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| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| | Tuesday 20 October 2020 |
| 2021/C 404/01 | European Parliament resolution of 20 October 2020 with recommendations to the Commission on the Digital Services Act: Improving the functioning of the Single Market (2020/2018(INL)) | 2 |
| 2021/C 404/02 | European Parliament resolution of 20 October 2020 with recommendations to the Commission on a Digital Services Act: adapting commercial and civil law rules for commercial entities operating online (2020/2019(INL)) | 31 |
| 2021/C 404/03 | European Parliament resolution of 20 October 2020 on the Digital Services Act and fundamental rights issues posed (2020/2022(INI)) | 53 |
| 2021/C 404/04 | European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies (2020/2012(INL)) | 63 |
| 2021/C 404/05 | European Parliament resolution of 20 October 2020 with recommendations to the Commission on a civil liability regime for artificial intelligence (2020/2014(INL)) | 107 |
| 2021/C 404/06 | European Parliament resolution of 20 October 2020 on intellectual property rights for the development of artificial intelligence technologies (2020/2015(INI)) | 129 |
| 2021/C 404/07 | European Parliament resolution of 20 October 2020 on the implementation of the EU Association Agreement with the Republic of Moldova (2019/2201(INI)) | 136 |
| | Thursday 22 October 2020 |
| 2021/C 404/08 | European Parliament resolution of 22 October 2020 on the future of European education in the context of COVID-19 (2020/2760(RSP)) | 152 |
| 2021/C 404/09 | European Parliament resolution of 22 October 2020 on obligations of the Commission in the field of visa reciprocity in accordance with Article 7 of Regulation (EU) 2018/1806 (2020/2605(RSP)) | 157 |
| 2021/C 404/10 | European Parliament resolution of 22 October 2020 on the employment and social policies of the euro area 2020 (2020/2079(INI)) | 159 |
| 2021/C 404/11 | European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL)) | 175 |
| | Friday 23 October 2020 |
| 2021/C 404/12 | European Parliament resolution of 23 October 2020 on Gender Equality in EU’s foreign and security policy (2019/2167(INI)) | 202 |
| | RECOMMENDATIONS |
| | European Parliament |
| | Tuesday 20 October 2020 |
| 2021/C 404/13 | European Parliament recommendation of 20 October 2020 to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the implementation and governance of Permanent Structured Cooperation (PESCO) (2020/2080(INI)) | 215 |
| | Wednesday 21 October 2020 |
| 2021/C 404/14 | European Parliament recommendation of 21 October 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on relations with Belarus (2020/2081(INI)) | 224 |
| 2021/C 404/15 | European Parliament recommendation of 21 October 2020 to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the preparation of the 10th Non-Proliferation of Nuclear Weapons Treaty (NPT) review process, nuclear arms control and nuclear disarmament options (2020/2004(INI)) | 240 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 20 October 2020

2021/C 404/01

European Parliament resolution of 20 October 2020 with recommendations to the Commission on the Digital Services Act: Improving the functioning of the Single Market (2020/2018(INL))

2

2021/C 404/02

European Parliament resolution of 20 October 2020 with recommendations to the Commission on a Digital Services Act: adapting commercial and civil law rules for commercial entities operating online (2020/2019(INL))

31

2021/C 404/03

European Parliament resolution of 20 October 2020 on the Digital Services Act and fundamental rights issues posed (2020/2022(INI))

53

2021/C 404/04

European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies (2020/2012(INL))

63

2021/C 404/05

European Parliament resolution of 20 October 2020 with recommendations to the Commission on a civil liability regime for artificial intelligence (2020/2014(INL))

107

2021/C 404/06

European Parliament resolution of 20 October 2020 on intellectual property rights for the development of artificial intelligence technologies (2020/2015(INI))

129

2021/C 404/07

European Parliament resolution of 20 October 2020 on the implementation of the EU Association Agreement with the Republic of Moldova (2019/2201(INI))

136

Thursday 22 October 2020

2021/C 404/08

European Parliament resolution of 22 October 2020 on the future of European education in the context of COVID-19 (2020/2760(RSP))

152

2021/C 404/09

European Parliament resolution of 22 October 2020 on obligations of the Commission in the field of visa reciprocity in accordance with Article 7 of Regulation (EU) 2018/1806 (2020/2605(RSP))

157

2021/C 404/10

European Parliament resolution of 22 October 2020 on the employment and social policies of the euro area 2020 (2020/2079(INI))

159

2021/C 404/11

European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL))

175

Friday 23 October 2020

2021/C 404/12

European Parliament resolution of 23 October 2020 on Gender Equality in EU’s foreign and security policy (2019/2167(INI))

202

RECOMMENDATIONS

European Parliament

Tuesday 20 October 2020

2021/C 404/13

European Parliament recommendation of 20 October 2020 to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the implementation and governance of Permanent Structured Cooperation (PESCO) (2020/2080(INI))

215

Wednesday 21 October 2020

2021/C 404/14

European Parliament recommendation of 21 October 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on relations with Belarus (2020/2081(INI))

224

2021/C 404/15

European Parliament recommendation of 21 October 2020 to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the preparation of the 10th Non-Proliferation of Nuclear Weapons Treaty (NPT) review process, nuclear arms control and nuclear disarmament options (2020/2004(INI))

240

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| | III   Preparatory acts |
| --- | --- |
| | European Parliament |
| | Tuesday 20 October 2020 |
| 2021/C 404/16 | P9_TA(2020)0268Amending Regulation (EU) No 168/2013 as regards specific measures on L-category end-of-series vehicles in response to the COVID-19 pandemic ***IEuropean Parliament legislative resolution of 20 October 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 168/2013 as regards specific measures on L-category end-of-series vehicles in response to the COVID-19 outbreak (COM(2020)0491 — C9-0285/2020 — 2020/0251(COD))P9_TC1-COD(2020)0251Position of the European Parliament adopted at first reading on 20 October 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council amending Regulation (EU) No 168/2013 as regards specific measures on L-category end-of-series vehicles in response to the COVID-19 pandemic | 249 |
| 2021/C 404/17 | European Parliament resolution of 20 October 2020 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund following an application from Spain — EGF/2020/001 ES/Galicia shipbuilding ancillary sectors (COM(2020)0485 — C9-0294/2020 — 2020/1996(BUD)) | 250 |
| | Friday 23 October 2020 |
| 2021/C 404/18 | Amendments adopted by the European Parliament on 23 October 2020 on the proposal for a regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the Common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council (COM(2018)0392 — C8-0248/2018 — 2018/0216(COD)) | 254 |
| 2021/C 404/19 | Amendments adopted by the European Parliament on 23 October 2020 on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (COM(2018)0393 — C8-0247/2018 — 2018/0217(COD)) | 571 |
| 2021/C 404/20 | Amendments adopted by the European Parliament on 23 October 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products, (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union and (EU) No 229/2013 laying down specific measures for agriculture in favour of the smaller Aegean islands (COM(2018)0394 — C8-0246/2018 — 2018/0218(COD)) | 651 |

III   Preparatory acts

European Parliament

Tuesday 20 October 2020

2021/C 404/16

P9_TA(2020)0268Amending Regulation (EU) No 168/2013 as regards specific measures on L-category end-of-series vehicles in response to the COVID-19 pandemic ***IEuropean Parliament legislative resolution of 20 October 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 168/2013 as regards specific measures on L-category end-of-series vehicles in response to the COVID-19 outbreak (COM(2020)0491 — C9-0285/2020 — 2020/0251(COD))P9_TC1-COD(2020)0251Position of the European Parliament adopted at first reading on 20 October 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council amending Regulation (EU) No 168/2013 as regards specific measures on L-category end-of-series vehicles in response to the COVID-19 pandemic

249

2021/C 404/17

European Parliament resolution of 20 October 2020 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund following an application from Spain — EGF/2020/001 ES/Galicia shipbuilding ancillary sectors (COM(2020)0485 — C9-0294/2020 — 2020/1996(BUD))

250

Friday 23 October 2020

2021/C 404/18

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

254

2021/C 404/19

Amendments adopted by the European Parliament on 23 October 2020 on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (COM(2018)0393 — C8-0247/2018 — 2018/0217(COD))

571

2021/C 404/20

Amendments adopted by the European Parliament on 23 October 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products, (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union and (EU) No 229/2013 laying down specific measures for agriculture in favour of the smaller Aegean islands (COM(2018)0394 — C8-0246/2018 — 2018/0218(COD))

651

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| Key to symbols used






  - | Consultation procedure |
| --- | --- |
| *** | Consent procedure |
| ***I | Ordinary legislative procedure: first reading |
| ***II | Ordinary legislative procedure: second reading |
| ***III | Ordinary legislative procedure: third reading |

Key to symbols used

*

Consultation procedure

***

Consent procedure

***I

Ordinary legislative procedure: first reading

***II

Ordinary legislative procedure: second reading

***III

Ordinary legislative procedure: third reading

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments by Parliament:

New text is highlighted in
  bold italics
  . Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in
  bold italics
  and by deleting or striking out the text that has been replaced.

bold italics

bold italics

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EN

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6.10.2021

| 6.10.2021 | EN | Official Journal of the European Union | C 404/1 |
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EN

Official Journal of the European Union

C 404/1

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EUROPEAN PARLIAMENT

2020-2021 SESSION

Sittings of 19 to 23 October 2020

The texts adopted of 20 October 2020 concerning the discharge for the financial year 2018 have been published in

  OJ L 420, 14.12.2020
  .

TEXTS ADOPTED

---

I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 20 October 2020

| 6.10.2021 | EN | Official Journal of the European Union | C 404/2 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/2

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P9_TA(2020)0272

Digital Services Act: Improving the functioning of the Single Market

European Parliament resolution of 20 October 2020 with recommendations to the Commission on the Digital Services Act: Improving the functioning of the Single Market (2020/2018(INL))

(2021/C 404/01)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (1), |
| --- | --- |

—

having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (1),

| — | having regard to Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (2), |
| --- | --- |

—

having regard to Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (2),

| — | having regard to Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (3), |
| --- | --- |

—

having regard to Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (3),

| — | having regard to Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (4), |
| --- | --- |

—

having regard to Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (4),

| — | having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (5), |
| --- | --- |

—

having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (5),

| — | having regard to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (6), |
| --- | --- |

—

having regard to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (6),

| — | having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (7), |
| --- | --- |

—

having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (7),

| — | having regard to its resolution of 21 September 2010 on completing the internal market for e-commerce (8), |
| --- | --- |

—

having regard to its resolution of 21 September 2010 on completing the internal market for e-commerce (8),

| — | having regard to its resolution of 15 June 2017 on online platforms and the digital single market (9), |
| --- | --- |

—

having regard to its resolution of 15 June 2017 on online platforms and the digital single market (9),

| — | having regard to the Communication from the Commission of 11 January 2012, entitled ‘A coherent framework for building trust in the Digital Single Market for e-commerce and online services’ (COM(2011)0942), |
| --- | --- |

—

having regard to the Communication from the Commission of 11 January 2012, entitled ‘A coherent framework for building trust in the Digital Single Market for e-commerce and online services’ (COM(2011)0942),

| — | having regard to the Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (10) and the Communication from the Commission of 28 September 2017, entitled ‘Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms’ (COM(2017)0555), |
| --- | --- |

—

having regard to the Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (10) and the Communication from the Commission of 28 September 2017, entitled ‘Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms’ (COM(2017)0555),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 26 April 2018 on Tackling online disinformation: a European Approach (COM(2018)0236), which covers false or misleading information that is created, presented and disseminated for economic gain or to intentionally deceive the public, and may cause public harm, |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 26 April 2018 on Tackling online disinformation: a European Approach (COM(2018)0236), which covers false or misleading information that is created, presented and disseminated for economic gain or to intentionally deceive the public, and may cause public harm,

| — | having regard to the Memorandum of Understanding on the sale of counterfeit goods via the internet of 21 June 2016 and its review in the Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 29 November 2017, entitled ‘A balanced IP enforcement system responding to today’s societal challenges’ (COM(2017)0707), |
| --- | --- |

—

having regard to the Memorandum of Understanding on the sale of counterfeit goods via the internet of 21 June 2016 and its review in the Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 29 November 2017, entitled ‘A balanced IP enforcement system responding to today’s societal challenges’ (COM(2017)0707),

| — | having regard to the opinion of the Committee of the Regions (ECON-VI/048) from 5 December 2019 on ‘a European framework for regulatory responses to the collaborative economy’, |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions (ECON-VI/048) from 5 December 2019 on ‘a European framework for regulatory responses to the collaborative economy’,

| — | having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (11), |
| --- | --- |

—

having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (11),

| — | having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (12), |
| --- | --- |

—

having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (12),

| — | having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (13), |
| --- | --- |

—

having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (13),

| — | having regard to Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (14), Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (15) and Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (16), |
| --- | --- |

—

having regard to Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (14), Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (15) and Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (16),

| — | having regard to the Communication from the Commission of 10 March 2020, entitled ‘An SME Strategy for a sustainable and digital Europe’ (COM(2020)0103), |
| --- | --- |

—

having regard to the Communication from the Commission of 10 March 2020, entitled ‘An SME Strategy for a sustainable and digital Europe’ (COM(2020)0103),

| — | having regard to the ‘White Paper on Artificial Intelligence — A European approach to excellence and trust’ of 19 February 2020 (COM(2020)0065), |
| --- | --- |

—

having regard to the ‘White Paper on Artificial Intelligence — A European approach to excellence and trust’ of 19 February 2020 (COM(2020)0065),

| — | having regard to the communication from the Commission of 19 February 2020, entitled ‘Shaping Europe’s digital future’ (COM(2020)0067), |
| --- | --- |

—

having regard to the communication from the Commission of 19 February 2020, entitled ‘Shaping Europe’s digital future’ (COM(2020)0067),

| — | having regard to the commitments made by the Commission in its ‘Political Guidelines for the next European Commission 2019-2024’, |
| --- | --- |

—

having regard to the commitments made by the Commission in its ‘Political Guidelines for the next European Commission 2019-2024’,

| — | having regard to the study by the European Parliamentary Research Service, entitled ‘Mapping the cost of Non-Europe 2019-2024’ that shows that the potential gain of completing the Digital Single Market for services could be up to €100 billion, |
| --- | --- |

—

having regard to the study by the European Parliamentary Research Service, entitled ‘Mapping the cost of Non-Europe 2019-2024’ that shows that the potential gain of completing the Digital Single Market for services could be up to €100 billion,

| — | having regard to the study by the European Parliament’s Policy Department for Economic, Scientific and Quality of Life Policies, entitled ‘The e-commerce Directive as the cornerstone of the Internal Market’ that highlights four priorities for improving the e-Commerce Directive, |
| --- | --- |

—

having regard to the study by the European Parliament’s Policy Department for Economic, Scientific and Quality of Life Policies, entitled ‘The e-commerce Directive as the cornerstone of the Internal Market’ that highlights four priorities for improving the e-Commerce Directive,

| — | having regard to the studies provided by the Policy Department for Economic, Scientific and Quality of Life Policies for the workshop on ‘E-commerce rules, fit for the digital age’ organised by the Internal Market and Consumer Protection (IMCO) committee, |
| --- | --- |

—

having regard to the studies provided by the Policy Department for Economic, Scientific and Quality of Life Policies for the workshop on ‘E-commerce rules, fit for the digital age’ organised by the Internal Market and Consumer Protection (IMCO) committee,

| — | having regard to the European added value assessment study carried out by the European Parliamentary Research Service, entitled ‘Digital Services Act: European added value assessment’ (17), |
| --- | --- |

—

having regard to the European added value assessment study carried out by the European Parliamentary Research Service, entitled ‘Digital Services Act: European added value assessment’ (17),

| — | having regard to the Vade-Mecum to Directive 98/48/EC, which introduces a mechanism for the transparency of regulations on information society services, |
| --- | --- |

—

having regard to the Vade-Mecum to Directive 98/48/EC, which introduces a mechanism for the transparency of regulations on information society services,

| — | having regard to Rules 47 and 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 47 and 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Transport and Tourism, Committee on Culture and Education, Committee on Legal Affairs and Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the opinions of the Committee on Transport and Tourism, Committee on Culture and Education, Committee on Legal Affairs and Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0181/2020), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0181/2020),

| A. | whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may contribute positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, including micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs; |
| --- | --- |

A.

whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may contribute positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, including micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;

| B. | whereas Directive 2000/31/EC (‘the E-Commerce Directive’) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago, the Digital Services Act package (‘DSA’) should take into account the rapid transformation and expansion of e-commerce in all its forms, with its multitude of different emerging services, products, providers, challenges and various sector-specific legislations; whereas since the adoption of the E-Commerce Directive, the European Court of Justice (‘the Court’) has issued a number of judgments in relation to it; |
| --- | --- |

B.

whereas Directive 2000/31/EC (‘the E-Commerce Directive’) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago, the Digital Services Act package (‘DSA’) should take into account the rapid transformation and expansion of e-commerce in all its forms, with its multitude of different emerging services, products, providers, challenges and various sector-specific legislations; whereas since the adoption of the E-Commerce Directive, the European Court of Justice (‘the Court’) has issued a number of judgments in relation to it;

| C. | whereas currently Member States have a fragmented approach to tackling illegal content online; whereas, as a consequence, the service providers concerned can be subject to a range of different legal requirements which are diverging as to their content and scope; whereas there seems to be a lack of enforcement and cooperation between Member States, and challenges with the existing legal framework; |
| --- | --- |

C.

whereas currently Member States have a fragmented approach to tackling illegal content online; whereas, as a consequence, the service providers concerned can be subject to a range of different legal requirements which are diverging as to their content and scope; whereas there seems to be a lack of enforcement and cooperation between Member States, and challenges with the existing legal framework;

| D. | whereas digital services need to fully comply with rules related to fundamental rights, especially privacy, the protection of personal data, non-discrimination and the freedom of expression and information, as well as media pluralism and cultural diversity and the rights of the child, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union (‘the Charter’); |
| --- | --- |

D.

whereas digital services need to fully comply with rules related to fundamental rights, especially privacy, the protection of personal data, non-discrimination and the freedom of expression and information, as well as media pluralism and cultural diversity and the rights of the child, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union (‘the Charter’);

| E. | whereas in its Communication ‘Shaping Europe’s digital future’, the Commission committed itself to adopting, as part of the DSA, new and revised rules for online platforms and information service providers, to reinforcing the oversight over platforms’ content policies in the Union, and to looking into ex ante rules; |
| --- | --- |

E.

whereas in its Communication ‘Shaping Europe’s digital future’, the Commission committed itself to adopting, as part of the DSA, new and revised rules for online platforms and information service providers, to reinforcing the oversight over platforms’ content policies in the Union, and to looking into ex ante rules;

| F. | whereas the COVID-19 pandemic has brought new social and economic challenges that deeply affect citizens and the economy; whereas, at the same time, the COVID-19 pandemic is showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas the pandemic has also exposed shortcomings of the current regulatory framework in particular with regard to consumer protection acquis; whereas that calls for action at Union level to have a more coherent and coordinated approach to address the difficulties identified and to prevent them from happening in the future; |
| --- | --- |

F.

whereas the COVID-19 pandemic has brought new social and economic challenges that deeply affect citizens and the economy; whereas, at the same time, the COVID-19 pandemic is showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas the pandemic has also exposed shortcomings of the current regulatory framework in particular with regard to consumer protection acquis; whereas that calls for action at Union level to have a more coherent and coordinated approach to address the difficulties identified and to prevent them from happening in the future;

| G. | whereas the COVID-19 pandemic has also shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling illegal products online that are not compliant with Union safety rules and other unfair conditions on consumers; whereas the COVID-19 pandemic has shown in particular that platforms and online intermediation services need to improve their efforts to detect and take down false claims and to tackle the misleading practices of rogue traders in a consistent and coordinated manner, in particular of those selling false medical equipment or dangerous products online; whereas the Commission welcomed the approach by the platforms after sending them the letters on 23 March 2020; whereas there is a need for an action at Union level to have a more coherent and coordinated approach in order to combat these misleading practices and to protect consumers; |
| --- | --- |

G.

whereas the COVID-19 pandemic has also shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling illegal products online that are not compliant with Union safety rules and other unfair conditions on consumers; whereas the COVID-19 pandemic has shown in particular that platforms and online intermediation services need to improve their efforts to detect and take down false claims and to tackle the misleading practices of rogue traders in a consistent and coordinated manner, in particular of those selling false medical equipment or dangerous products online; whereas the Commission welcomed the approach by the platforms after sending them the letters on 23 March 2020; whereas there is a need for an action at Union level to have a more coherent and coordinated approach in order to combat these misleading practices and to protect consumers;

| H. | whereas the DSA should ensure a comprehensive protection of the rights of consumers and users in the Union and therefore, its territorial scope should cover the activities of information society service providers established in third countries when their services, falling within the scope of the DSA, are directed at consumers or users in the Union; |
| --- | --- |

H.

whereas the DSA should ensure a comprehensive protection of the rights of consumers and users in the Union and therefore, its territorial scope should cover the activities of information society service providers established in third countries when their services, falling within the scope of the DSA, are directed at consumers or users in the Union;

| I. | whereas the DSA should clarify the nature of the digital services, falling within its scope, while maintaining the horizontal nature of the E-Commerce Directive, applying not only to online platforms, but to all providers of information society services as defined in Union law; |
| --- | --- |

I.

whereas the DSA should clarify the nature of the digital services, falling within its scope, while maintaining the horizontal nature of the E-Commerce Directive, applying not only to online platforms, but to all providers of information society services as defined in Union law;

| J. | whereas the DSA should be without prejudice to Regulation (EU) 2016/679 (‘GDPR’) setting out a legal framework to protect personal data, Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services, and Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; |
| --- | --- |

J.

whereas the DSA should be without prejudice to Regulation (EU) 2016/679 (‘GDPR’) setting out a legal framework to protect personal data, Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services, and Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector;

| K. | whereas the DSA should not affect Directive 2005/29/EC as amended by Directive (EU) 2019/2161, as well as Directives (EU) 2019/770 and (EU) 2019/771 on certain aspects concerning contracts for the supply of digital content and digital services and contracts for the sale of goods, and Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services; |
| --- | --- |

K.

whereas the DSA should not affect Directive 2005/29/EC as amended by Directive (EU) 2019/2161, as well as Directives (EU) 2019/770 and (EU) 2019/771 on certain aspects concerning contracts for the supply of digital content and digital services and contracts for the sale of goods, and Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services;

| L. | whereas the DSA should be without prejudice to the framework set out by Directive 2006/123/EC on services in the internal market; |
| --- | --- |

L.

whereas the DSA should be without prejudice to the framework set out by Directive 2006/123/EC on services in the internal market;

| M. | whereas certain types of illegal content, constituting a major cause for concern, have already been defined in national and Union law, such as illegal hate speech, and should not be redefined in the DSA; |
| --- | --- |

M.

whereas certain types of illegal content, constituting a major cause for concern, have already been defined in national and Union law, such as illegal hate speech, and should not be redefined in the DSA;

| N. | whereas enhancing transparency and helping citizens to acquire media and digital literacy regarding the dissemination of harmful content, hate speech and disinformation, as well as to develop critical thinking, and strengthening independent professional journalism and quality media will help promote diverse and quality content; |
| --- | --- |

N.

whereas enhancing transparency and helping citizens to acquire media and digital literacy regarding the dissemination of harmful content, hate speech and disinformation, as well as to develop critical thinking, and strengthening independent professional journalism and quality media will help promote diverse and quality content;

| O. | whereas the WHOIS database is a publicly accessible database which has been a useful instrument to find the owner of a particular domain name on the internet as well as the details and contact person of every domain name; |
| --- | --- |

O.

whereas the WHOIS database is a publicly accessible database which has been a useful instrument to find the owner of a particular domain name on the internet as well as the details and contact person of every domain name;

| P. | whereas the DSA should aim at ensuring legal certainty and clarity, including in the short-term rental market and mobility services, by promoting transparency and clearer information obligations; |
| --- | --- |

P.

whereas the DSA should aim at ensuring legal certainty and clarity, including in the short-term rental market and mobility services, by promoting transparency and clearer information obligations;

| Q. | whereas the Commission’s agreement with certain platforms of the short-term rental sector on data sharing reached in March 2020 will enable local authorities to better understand the development of the collaborative economy and will allow for reliable and continuous data sharing and an evidence based policy making; whereas further steps to initiate a more comprehensive data sharing framework for short-term rental online platforms is needed; |
| --- | --- |

Q.

whereas the Commission’s agreement with certain platforms of the short-term rental sector on data sharing reached in March 2020 will enable local authorities to better understand the development of the collaborative economy and will allow for reliable and continuous data sharing and an evidence based policy making; whereas further steps to initiate a more comprehensive data sharing framework for short-term rental online platforms is needed;

| R. | whereas the COVID-19 pandemic had a serious impact on the Union tourism sector and showed the need to continue supporting cooperation on green corridors in order to ensure the smooth functioning of Union supply chains and movement of goods across the Union transport network; |
| --- | --- |

R.

whereas the COVID-19 pandemic had a serious impact on the Union tourism sector and showed the need to continue supporting cooperation on green corridors in order to ensure the smooth functioning of Union supply chains and movement of goods across the Union transport network;

| S. | whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities, transport and tourism and sharing goods and services, have changed the ways in which users and companies interact with content providers, traders and other individuals offering goods and services; whereas the Digital Single Market cannot succeed without users’ trust in online platforms that respect all applicable legislation and their legitimate interests; whereas any future regulatory framework should also address intrusive business models, including behavioural manipulation and discriminatory practices, which have major effects to the detriment of the functioning of the Single Market and to users’ fundamental rights; |
| --- | --- |

S.

whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities, transport and tourism and sharing goods and services, have changed the ways in which users and companies interact with content providers, traders and other individuals offering goods and services; whereas the Digital Single Market cannot succeed without users’ trust in online platforms that respect all applicable legislation and their legitimate interests; whereas any future regulatory framework should also address intrusive business models, including behavioural manipulation and discriminatory practices, which have major effects to the detriment of the functioning of the Single Market and to users’ fundamental rights;

| T. | whereas Member States should make efforts to improve access to, and the efficiency of, their justice and law enforcement systems in relation to determining the illegality of online content and in relation to dispute resolution concerning removal of content or disabling access; |
| --- | --- |

T.

whereas Member States should make efforts to improve access to, and the efficiency of, their justice and law enforcement systems in relation to determining the illegality of online content and in relation to dispute resolution concerning removal of content or disabling access;

| U. | whereas the DSA requirements should be easy to implement in practice by providers of information society services; whereas online intermediaries might encrypt or otherwise prevent access to content by third parties, including the hosting intermediaries storing the content itself; |
| --- | --- |

U.

whereas the DSA requirements should be easy to implement in practice by providers of information society services; whereas online intermediaries might encrypt or otherwise prevent access to content by third parties, including the hosting intermediaries storing the content itself;

| V. | whereas an effective way to decrease illegal activities is allowing new innovative business models to flourish and strengthening the Digital Single Market by removing unjustified barriers to the free movement of digital content; whereas barriers, which create national fragmented markets, help create a demand for illegal content; |
| --- | --- |

V.

whereas an effective way to decrease illegal activities is allowing new innovative business models to flourish and strengthening the Digital Single Market by removing unjustified barriers to the free movement of digital content; whereas barriers, which create national fragmented markets, help create a demand for illegal content;

| W. | whereas digital services should provide consumers with direct and efficient means of user-friendly, easily identifiable and accessible communication, such as email addresses, electronic contact forms, chatbots, instant messaging or telephone callback, and should provide for the information relating to those means of communication to be accessible to consumers in a clear, comprehensible and, where possible, uniform manner, and for consumers requests to be directed between different underlying digital services of the digital service provider; |
| --- | --- |

W.

whereas digital services should provide consumers with direct and efficient means of user-friendly, easily identifiable and accessible communication, such as email addresses, electronic contact forms, chatbots, instant messaging or telephone callback, and should provide for the information relating to those means of communication to be accessible to consumers in a clear, comprehensible and, where possible, uniform manner, and for consumers requests to be directed between different underlying digital services of the digital service provider;

| X. | whereas the DSA should guarantee the right for consumers to be informed if a service is enabled by artificial intelligence (‘AI’), makes use of automated decision-making or machine learning tools or automated content recognition tools; whereas the DSA should offer the possibility to opt-out, limit or personalise the use of any automated personalisation features especially in view of rankings and more specifically, offer the possibility to see content in a non-curated order, give more control to users on the way content is ranked; |
| --- | --- |

X.

whereas the DSA should guarantee the right for consumers to be informed if a service is enabled by artificial intelligence (‘AI’), makes use of automated decision-making or machine learning tools or automated content recognition tools; whereas the DSA should offer the possibility to opt-out, limit or personalise the use of any automated personalisation features especially in view of rankings and more specifically, offer the possibility to see content in a non-curated order, give more control to users on the way content is ranked;

| Y. | whereas the protection of personal data, subject to automated decision-making processes, is already covered, among others, by the GDPR and the DSA should not seek to repeat or amend such measures; |
| --- | --- |

Y.

whereas the protection of personal data, subject to automated decision-making processes, is already covered, among others, by the GDPR and the DSA should not seek to repeat or amend such measures;

| Z. | whereas the Commission should ensure that the DSA preserves the human centric approach to AI, in line with the existing rules on free movement of AI enabled services, while respecting the fundamental values and rights as enshrined in the Treaties; |
| --- | --- |

Z.

whereas the Commission should ensure that the DSA preserves the human centric approach to AI, in line with the existing rules on free movement of AI enabled services, while respecting the fundamental values and rights as enshrined in the Treaties;

| AA. | whereas the national supervisory authorities, where allowed by Union law, should have access to the software documentation and data sets of algorithms under review; |
| --- | --- |

AA.

whereas the national supervisory authorities, where allowed by Union law, should have access to the software documentation and data sets of algorithms under review;

| AB. | whereas the concepts of transparency and explainability of algorithms should be understood as requiring that the information provided for the user is presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language; |
| --- | --- |

AB.

whereas the concepts of transparency and explainability of algorithms should be understood as requiring that the information provided for the user is presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language;

| AC. | whereas it is important to lay down measures to ensure effective enforcement and supervision; whereas the compliance with the provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of proportionate fines; |
| --- | --- |

AC.

whereas it is important to lay down measures to ensure effective enforcement and supervision; whereas the compliance with the provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of proportionate fines;

| AD. | whereas the DSA should balance the rights of all users and ensure that its measures are not drafted to favour one legitimate interest over another and to prevent the use of measures as offensive tools in any conflicts between businesses or sectors; |
| --- | --- |

AD.

whereas the DSA should balance the rights of all users and ensure that its measures are not drafted to favour one legitimate interest over another and to prevent the use of measures as offensive tools in any conflicts between businesses or sectors;

| AE. | whereas the ex ante internal market mechanism should apply where competition law alone is insufficient to adequately address identified market failures; |
| --- | --- |

AE.

whereas the ex ante internal market mechanism should apply where competition law alone is insufficient to adequately address identified market failures;

| AF. | whereas the legislative measures proposed as part of the DSA should be evidence based; whereas the Commission should carry out a thorough impact assessment, based on relevant data, statistics, analyses and studies of the different options available; whereas that impact assessment should also asses and analyse unsafe and dangerous products sold through online marketplaces; whereas the impact assessment should also take into account the lessons learned from the COVID-19 pandemic and take into account the resolutions from the European Parliament; whereas the DSA should be accompanied by implementation guidelines; |
| --- | --- |

AF.

whereas the legislative measures proposed as part of the DSA should be evidence based; whereas the Commission should carry out a thorough impact assessment, based on relevant data, statistics, analyses and studies of the different options available; whereas that impact assessment should also asses and analyse unsafe and dangerous products sold through online marketplaces; whereas the impact assessment should also take into account the lessons learned from the COVID-19 pandemic and take into account the resolutions from the European Parliament; whereas the DSA should be accompanied by implementation guidelines;

General principles

| 1. | Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package (‘DSA’), which should consist of a proposal amending the E-Commerce Directive and a proposal for ex ante rules on systemic operators with a gatekeeper role, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU); calls on the Commission to submit such a package on the basis of Articles 53(1), 62 and 114 TFEU, following the recommendations set out in the Annex to this resolution, on the basis of a thorough impact assessment which should include information on the financial implications of the proposals and be based on relevant data, statistics and analyses; |
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1.

| 2. | Recognises the importance of the legal framework set out by the E-Commerce Directive in the development of online services in the Union and believes that the principles that governed the legislators when regulating information society services providers in the late 90s are still valid and should be used when drafting any future proposals; highlights that the legal certainty brought by the E-Commerce Directive has provided small and medium enterprises (SMEs) with the opportunity to expand their business and to operate more easily across borders; |
| --- | --- |

2.

| 3. | Is of the opinion that all providers of digital services established outside the Union must adhere to the rules of the DSA when directing services to the Union, in order to ensure a level playing field between European and third country digital service providers; asks the Commission to evaluate in addition whether there is a risk of retaliatory measure by third countries, while raising awareness on how Union law applies to service providers from third countries targeting the Union market; |
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3.

| 4. | Underlines the central role that the internal market clause, establishing the home country control and the obligation on Member States to ensure the free movement of information society services, has played in the development of the Digital Single Market; stresses the need to address the remaining unjustified and disproportionate barriers to the provision of digital services, such as complex administrative procedures, costly cross-border disputes settlements and access to information on the relevant regulatory requirements, including on taxation, as well as to ensure that no new unjustified and disproportionate barriers are created; |
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4.

| 5. | Notes that under the Union rules on free movement of services, Member States may take measures to protect legitimate public interest objectives, such as protection of public policy, public health, public security, consumer protection, combating the rental housing shortage, and prevention of tax evasion and avoidance, provided that those measures comply with the principles of non-discrimination and proportionality; |
| --- | --- |

5.

| 6. | Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment, the freedom to provide services and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of ‘what is illegal offline is also illegal online’, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; |
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6.

| 7. | Highlights the importance of collaborative economy platforms, including in the transport and tourism sectors, on which services are provided by both individuals and professionals; calls on the Commission, following a consultation with all relevant stakeholders to initiate a more comprehensible sharing of non-personal data and coordination framework between platforms and national, regional and local authorities, aiming especially at sharing best practices and establishing a set of information obligations, in line with the EU Data Strategy; |
| --- | --- |

7.

| 8. | Notes that the data protection regime has been significantly updated since the adoption of the E-Commerce Directive and emphasises that the rapid development of digital services requires a strong futureproof legislative framework to protect personal data and privacy; stresses in this regard that digital service providers need to comply with the requirements of Union data protection law, namely the GDPR and Directive 2002/58/EC (‘the e-Privacy Directive’), currently under revision, with the broad framework of fundamental rights including, the freedom of expression, dignity and non-discrimination, and the right to an effective judicial remedy, and to ensure the security and safety of their systems and services; |
| --- | --- |

8.

| 9. | Believes that the DSA should ensure consumer trust and clearly establish that consumer law and product safety requirements are complied with, in order to ensure legal certainty; points out that the DSA should pay special attention to users with disabilities and guarantee the accessibility of information society services; asks the Commission to encourage service providers to develop technical tools that allow persons with disabilities to effectively access, use and benefit from information society services; |
| --- | --- |

9.

| 10. | Stresses the importance of maintaining the horizontal approach of the E-Commerce Directive; stresses, that ‘one-size-fits-all’ approach is not suitable to address all the new challenges in today’s digital landscape and that the diversity of actors and services offered online needs a tailored regulatory approach; recommends distinguishing between economic and non-economic activities, and between different type of digital services hosted by platforms, rather than focusing on the type of the platform; considers, in this context, that any future legislative proposals should seek to ensure that new Union obligations on information society service providers are proportional and clear in nature; |
| --- | --- |

10.

| 11. | Recalls that a large number of legislative and administrative decisions and contractual relationships use the definitions and the rules of the E-Commerce Directive, and that any change to them will, therefore, have important consequences; |
| --- | --- |

11.

| 12. | Stresses that a predictable, future-proof, clear and comprehensive Union-level framework and fair competition are crucial in order to promote the growth of all European businesses, including small-scale platforms, SMEs, including micro companies, entrepreneurs and start-ups, to increase cross-border provision of information society services, to remove market fragmentation and to provide European businesses with a level playing field that enables them to fully take advantage of the digital services market and to be globally competitive on the world stage; |
| --- | --- |

12.

| 13. | Underlines that the future internal market instrument on ex ante rules on systemic platforms and the announced new Competition Tool aiming at addressing gaps in competition law should be kept as separate legal instruments; |
| --- | --- |

13.

| 14. | Recalls that the E-Commerce Directive was drafted in a technologically neutral manner to ensure that it is not rendered obsolete by technological developments arising from the fast pace of innovation in the IT sector and stresses that the DSA should continue to be future-proof and applicable to the emergence of new technologies with an impact on the digital single market; asks the Commission to ensure that any revisions continue to be technology-neutral in order to guarantee long-lasting benefits to businesses and consumers; |
| --- | --- |

14.

| 15. | Takes the view that a level playing field in the internal market between the platform economy and the offline economy, based on the same rights and obligations for all interested parties — consumers and businesses — is needed; considers that the DSA should not tackle the issue of platform workers; believes therefore that social protection and social rights of workers, including of platform or collaborative economy workers, should be properly addressed in a separate instrument, in order to provide an adequate and comprehensive response to the challenges of today’s digital economy; |
| --- | --- |

15.

| 16. | Considers that the DSA should be based on the common values of the Union that protect citizens’ rights and should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, a competitive digital environment, transparency and legal certainty to unlock the full potential of the Digital Single Market; |
| --- | --- |

16.

| 17. | Considers that the DSA provides an opportunity for the Union to shape the digital economy, not only at Union level, but also be a standard-setter for the rest of the world; |
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17.

Fundamental rights and freedoms

| 18. | Notes that information society services providers, and in particular online platforms, including social networking sites, have a wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices, including vulnerable groups such as minors, and should comply with Union law on protecting users, their data and society at large; |
| --- | --- |

18.

| 19. | Recalls that recent scandals regarding data harvesting and selling, such as Cambridge Analytica, fake news, disinformation, voter manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to work on better enforcement and closer cooperation among Member States in order to understand the advantages and shortcomings of the existing rules and to reinforce the protection of fundamental rights online; |
| --- | --- |

19.

| 20. | Recalls in this respect that certain established self-regulatory and co-regulatory schemes such as the Union’s Code of Practice on Disinformation have helped to structure a dialogue with platforms and regulators; suggests that online platforms should place effective and appropriate safeguards, in particular to ensure that they act in a diligent, proportionate and non-discriminatory manner, and to prevent the unintended removal of content which is not illegal; such measures should not lead to any mandatory ‘upload-filtering’ of content which does not comply with the prohibition of general monitoring obligations; suggests that measures to combat harmful content, hate speech and disinformation should be regularly evaluated and developed further; |
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20.

| 21. | Reiterates the importance of guaranteeing freedom of expression, information and opinion, and of having a free and diverse press and media landscape, also in view of the protection of independent journalism; insists on the protection and promotion of freedom of expression and on the importance of having a diversity of opinions, information, the press, media and artistic and cultural expressions; |
| --- | --- |

21.

| 22. | Stresses that the DSA should strengthen the internal market freedoms and guarantee the fundamental rights and principles set out in the Charter; stresses that consumers’ and users’ fundamental rights, including those of minors, should be protected from harmful online business models, including those conducting digital advertising, as well as from behavioural manipulation and discriminatory practices; |
| --- | --- |

22.

| 23. | Emphasises the importance of user empowerment with regard to the enforcement of their own fundamental rights online; reiterates that digital service providers must respect and enable their users’ right to data portability as laid down in Union law; |
| --- | --- |

23.

| 24. | Points out that biometric data is considered to be a special category of personal data with specific rules for processing; notes that biometrics can and are increasingly used for identification and authentication of individuals, which, regardless of its potential advantages, entails significant risks to, and serious interferences with, the rights to privacy and data protection, particularly when carried out without the consent of the data subject, as well as enabling identity fraud; calls on the DSA to ensure that digital service providers store biometric data only on the device itself, unless central storage is allowed by law, to always give users of digital services an alternative for using biometric data set by default for the functioning of a service, and the obligation to clearly inform the customers on the risks of using biometric data; |
| --- | --- |

24.

| 25. | Stresses that, in the spirit of the case-law on communications metadata, public authorities shall be given access to a user’s subscriber data and metadata only to investigate suspects of serious crimes with prior judicial authorisation; is convinced, however, that digital service providers must not retain data for law enforcement purposes unless a targeted retention of an individual user’s data is directly ordered by an independent competent public authority, in line with Union law; |
| --- | --- |

25.

| 26. | Stresses the importance to apply effective end-to-end encryption to data, as it is essential for trust in and security on the Internet, and effectively prevents unauthorised third party access; |
| --- | --- |

26.

Transparency and consumer protection

| 27. | Notes that the COVID-19 pandemic has shown the importance and resilience of the e-commerce sector and its potential as a driver for relaunching the European economy, but at the same time how vulnerable EU consumers are to misleading trading practices by dishonest traders selling counterfeit, illegal or unsafe products, and providing services online that are not compliant with Union safety rules or who impose unjustified and abusive price increases or other unfair conditions on consumers; stresses the urgent need to step up enforcement of Union rules and to enhance consumer protection; |
| --- | --- |

27.

| 28. | Stresses that this problem is aggravated by difficulties in establishing the identity of fraudulent business users, thus making it difficult for consumers to seek compensation for the damages and losses experienced; |
| --- | --- |

28.

| 29. | Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be strengthened in parallel with measures to increase compliance with existing rules, without harming the competitiveness of SMEs; |
| --- | --- |

29.

| 30. | Calls on the Commission to reinforce the information requirements set out in Article 5 of the E-Commerce Directive and to require hosting providers to compare the information and identity of the business users with whom they have a direct commercial relationship, with the identification data by the relevant existing and available Union databases, in compliance with data protocol legislation; hosting providers should ask their business users to ensure that the information they provide is accurate, complete and updated and should be entitled and obliged to refuse or cease to provide their services to the latter, if the information about the identity of their business users is false or misleading; business users should be the ones in charge of notifying the service provider about any change in their business activity (for example, cessation of business activity); |
| --- | --- |

30.

| 31. | Calls on the Commission to introduce enforceable obligations on information society service providers aiming at increasing transparency, information and accountability; calls on the Commission to ensure that enforcement measures are targeted in a way that takes into account the different services and does not inevitably lead to a breach of privacy and legal process; considers that those obligations should be proportionate and enforced by appropriate, effective, proportionate and dissuasive penalties; |
| --- | --- |

31.

| 32. | Stresses that existing obligations, set out in the E-Commerce Directive and the Unfair Commercial Practices Directive on transparency of commercial communications and digital advertising, should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing should be addressed, among others, by clear transparency obligations and information requirements; |
| --- | --- |

32.

| 33. | Stresses that online consumers find themselves in an unbalanced relation to service providers and traders offering services supported by advertising revenue and advertisements that are directly targeting individual consumers, based on the information collected through big data and AI mechanisms; notes the potential negative impact of personalised advertising, in particular micro-targeted and behavioural advertisement; calls, therefore, on the Commission to introduce additional rules on targeted advertising and micro-targeting, based on the collection of personal data and to consider regulating micro- and behavioural targeted advertising more strictly in favour of less intrusive forms of advertising that do not require extensive tracking of user interaction with content; urges the Commission to also consider introducing legislative measures to make online advertising more transparent; |
| --- | --- |

33.

| 34. | Underlines the importance, in view of the development of digital services, of the obligation for Member States to ensure that their legal system allows for contracts to be concluded by electronic means, while ensuring a high level of consumer protection; invites the Commission to review the existing requirements on contracts concluded by electronic means, including as regards notifications by Member States, and to update them if necessary; notes, in that context, the rise of ‘smart contracts’ such as those based on distributed ledger technologies and asks the Commission to assess the development and use of distributed ledger technologies, including ‘smart contracts’, such as regards questions of validity and enforcement of smart contracts in cross-border situations, to provide guidance thereon, in order to ensure legal certainty for businesses and consumers, and to take legislative initiatives only if concrete gaps are identified following that assessment; |
| --- | --- |

34.

| 35. | Calls on the Commission to introduce minimum standards for contract terms and general conditions, in particular with regard to transparency, accessibility, fairness and non-discriminatory measures, and to further review the practice of pre-formulated standard clauses in contract terms and conditions, which have not been individually negotiated in advance, including End-User Licensing Agreements, to seek ways of making them fairer and to ensure compliance with Union law, in order to allow easier engagement for consumers, including in the choice of clauses, to make it possible to obtain better informed consent; |
| --- | --- |

35.

| 36. | Stresses the need to improve the efficiency of electronic interactions between businesses and consumers in light of the development of virtual identification technologies; considers that in order to ensure the effectiveness of the DSA, the Commission should also update the regulatory framework on digital identification, namely Regulation (EU) No 910/2014 (18) (‘the eIDAS Regulation’); considers that the creation of a universally accepted, trusted digital identity and trusted authentication systems would be a useful tool allowing to establish securely individual identities of natural persons, legal entities and machines in order to protect against the use of fake profiles; notes, in this context, the importance for consumers to securely use or purchase products and services online without having to use unrelated platforms and unnecessarily share data, including personal data, which is collected by those platforms; calls on the Commission to carry out a thorough impact assessment with regard to the creation of a universally accepted public electronic identity as an alternative to private single sign-in systems and underlines that this service should be developed so that data gathered is kept to an absolute minimum; consider that the Commission should assess the possibility to create an age verification system for users of digital services, especially in order to protect minors; |
| --- | --- |

36.

| 37. | Stresses that the DSA should not affect the principle of data minimisation established by the GDPR, and, unless required by specific legislation otherwise, intermediaries of digital services should enable the anonymous use of their services to the maximum extent possible and only process data necessary for the identification of the user; that such collected data should not be used for any other digital services than those that require personal identification, authentication or age verification and that they should only be used with a legitimate purpose, and in no way to restrain general access to the internet; |
| --- | --- |

37.

AI and machine learning

| 38. | Stresses that while AI-driven services or services making use of automated decision-making tools or machine learning tools, currently governed by the E-Commerce Directive, have the enormous potential to deliver benefits to consumers and service providers, the DSA should address the concrete challenges they pose in terms of ensuring non-discrimination, transparency, including on the datasets used and on targeted outputs, and understandable explanation of algorithms, as well as liability, which are not addressed in existing legislation; |
| --- | --- |

38.

| 39. | Stresses furthermore that underlying algorithms need to fully comply with requirements on fundamental rights, especially privacy, the protection of personal data, the freedom of expression and information, the right to an effective judicial remedy, and the rights of the child, as enshrined in the Treaties and the Charter; |
| --- | --- |

39.

| 40. | Considers that it is essential to ensure the use of high quality, non-discriminatory and unbiased underlying datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services; |
| --- | --- |

40.

| 41. | Calls on the Commission to introduce transparency and accountability requirements regarding automated decision-making processes, while ensuring compliance with requirements on user privacy and trade secrets; points out the need to allow for external regulatory audits, case-by-case oversight and recurrent risk assessments by competent authorities and to assess associated risks, in particular risks to consumers or third parties, and considers that measures taken to prevent those risks should be justified and proportionate, and should not hamper innovation; believes that the ‘human in command’ principle must be respected, inter alia, to prevent the rise of health and safety risks, discrimination, undue surveillance, or abuses, or to prevent potential threats to fundamental rights and freedoms; |
| --- | --- |

41.

| 42. | Considers that consumers and users should have the right to be properly informed in a timely, concise and easily understandable and accessible manner, and that their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; expresses concerns with regard to the existing lack of transparency as to the use of virtual assistants or chatbots, which may be particularly harmful to vulnerable consumers and underlines that digital service providers should not exclusively use automated decision-making systems for consumer support; |
| --- | --- |

42.

| 43. | Believes, in that context, that it should be possible for consumers to be clearly informed when interacting with automated decision-making, and about how to reach a human with decision-making powers, how to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems; |
| --- | --- |

43.

| 44. | Underlines the importance to strengthen consumer choice, consumer control and consumer trust in AI services and applications; believes, therefore, that the set of rights of consumers should be expanded to better protect them in the digital world and calls on the Commission to consider in particular accountability and fairness criteria and control and the right to non-discrimination and unbiased AI datasets; considers that consumers and users should have more control on how AI is used and the possibility to refuse, limit or personalise the use of any AI-enabled personalisation features; |
| --- | --- |

44.

| 45. | Notes that automated content moderation tools are incapable of effectively understanding the subtlety of context and meaning in human communication, which is necessary to determine whether assessed content may be considered to violate the law or terms of service; stresses therefore that the use of such tools should not be imposed by the DSA; |
| --- | --- |

45.

Tackling Illegal Content and Activities Online

| 46. | Stresses that the existence and spread of illegal content and activities online is a severe threat that undermines citizens’ trust and confidence in the digital environment, harms the development of healthy digital ecosystems, and may also have serious and long-lasting consequences for the safety and fundamental rights of individuals; notes that, at the same time, illegal content and activities can be proliferated easily and their negative impact amplified within a very short period of time; |
| --- | --- |

46.

| 47. | Notes that there is no ‘one size fits all’ solution to all types of illegal content and activities; stresses that content that might be illegal in some Member States, may not be ‘illegal’ in others, as only some types of illegal content are harmonised in the Union; calls for a strict distinction to be made between illegal content, punishable acts and illegally shared content on the one hand, and harmful content, hate speech and disinformation on the other, which are not always illegal and cover many different aspects, approaches and rules applicable in each case; takes the position that the legal liability regime should concern illegal content only as defined in Union or national law; |
| --- | --- |

47.

| 48. | Believes, however, that, without prejudice to the broad framework of fundamental rights and existing sector-specific legislation, a more aligned and coordinated approach at Union level, taking into account the different types of illegal content and activities and based on cooperation and exchange of best practices between the Member States, will help address illegal content more effectively; underlines also the need to adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement and calls for improved cooperation and exchange of information between competent authorities and hosting service providers; |
| --- | --- |

48.

| 49. | Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but a clear legal framework for the removal of illegal content and activities is needed in order to ensure the swift notification and removal of such content online; underlines the need to prevent imposing a general monitoring obligation on digital service providers to monitor the information which they transmit or store and to prevent actively seeking, moderating or filtering all content and activities, neither de jure nor de facto; underlines that illegal content should be removed where it is hosted, and that access providers shall not be required to block access to content; |
| --- | --- |

49.

| 50. | Calls on the Commission to ensure that online intermediaries, who, on their own initiative, take allegedly illegal content offline, to do so in a diligent, proportionate and non-discriminatory manner, and with due regard in all circumstances to the fundamental rights and freedoms of the users; underlines that any such measures should be accompanied by robust procedural safeguard and meaningful transparency and accountability requirements; and asks, where any doubts exist as to a content’s ‘illegal’ nature, that this content should be subject to human review and not be removed without further investigation; |
| --- | --- |

50.

| 51. | Asks the Commission to present a study on the removal of content and data before and during the COVID-19 pandemic by automated decision-making processes and on the level of removals in error (false positives) that were included in the number of items removed; |
| --- | --- |

51.

| 52. | Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to adopt clear and predictable harmonised rules and a transparent, effective and proportionate notice-and-action mechanism; it should provide sufficient safeguards, empower users to notify online intermediaries of the existence of potentially illegal online content or activities and help online intermediaries react quickly and be more transparent with the actions taken on potentially illegal content; is of the opinion that such measures should be technology-neutral and easily accessible to all actors to guarantee a high level of users’ and consumers’ protection; |
| --- | --- |

52.

| 53. | Stresses that such a ‘notice-and-action’ mechanism must be human-centric; underlines that safeguards against the abuse of the system should be introduced, including against repeated false flagging, unfair commercial practices and other schemes; urges the Commission to ensure access to transparent, effective, fair, and expeditious counter-notice and complaint mechanisms and out-of-court dispute settlement mechanisms and to guarantee the possibility to seek judicial redress against content removal to satisfy the right to effective remedy; |
| --- | --- |

53.

| 54. | Welcomes efforts to bring transparency to content removal; calls on the Commission to ensure that reports with information about the notice-and-action mechanisms, such as the number of notices, type of entities notifying content, nature of the content subject of complaint, response time by the intermediary, the number of appeals as well as the number of cases where content was misidentified as illegal or as illegally shared should be made publicly available; |
| --- | --- |

54.

| 55. | Notes the challenges concerning the enforcement of legal injunctions issued within Member States other than the country of origin of a service provider and stresses the need to investigate this issue further; maintains that hosting service providers shall not be required to remove or disable access to information that is legal in their country of origin; |
| --- | --- |

55.

| 56. | Stresses that the responsibility for enforcing the law, deciding on the legality of online activities and content, as well as ordering hosting service providers to remove or disable access to illegal content and that those orders are accurate, well-founded and respect fundamental rights, rests with independent competent public authorities; |
| --- | --- |

56.

| 57. | Stresses that maintaining safeguards from the legal liability regime for online intermediaries set out in Articles 12, 13, 14 of the E-Commerce Directive and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are pivotal for facilitating the free movement of digital services, for ensuring the availability of content online and for protecting the fundamental rights of users and need to be preserved; in this context, underlines that the legal liability regime and ban on general monitoring should not be weakened via a possible new piece of legislation or the amendment of other sections of the E-commerce Directive; |
| --- | --- |

57.

| 58. | Acknowledges the principle that digital services playing a neutral and passive role, such as backend and infrastructure services, are not responsible for the content transmitted over their services because they have no control over that content, have no active interaction with it or do not optimise it; stresses however, that further clarification regarding active and passive role by taking into account the case-law of the Court on the matter is needed; |
| --- | --- |

58.

| 59. | Calls on the Commission to consider a requirement for hosting service providers to report illegal content, which may constitute a serious crime to the competent law enforcement authority, upon becoming aware of it; |
| --- | --- |

59.

Online marketplaces

| 60. | Notes that, while the emergence of online service providers, such as online marketplaces, has benefited both consumers and traders, notably by improving choice, reducing costs and lowering prices, it has also made consumers more vulnerable to misleading trading practices by an increasing number of sellers, including from third countries, who are able to offer online illegal, unsafe or counterfeit products and services which often do not comply with Union rules and standards on product safety, and do not sufficiently guarantee consumer rights; |
| --- | --- |

60.

| 61. | Stresses that consumers should be equally safe when shopping online or in stores; stresses that it is unacceptable that Union consumers are exposed to illegal, counterfeit and unsafe products, containing dangerous chemicals, as well as other safety hazards that pose risks to human health; insists on the necessity to introduce appropriate safeguards and measures for product safety and consumer protection in order to prevent the sale of non-compliant products or services on online marketplaces, and calls on the Commission to reinforce the liability regime on online marketplaces; |
| --- | --- |

61.

| 62. | Stresses the importance of the rules of Regulation (EU) 2019/1020 on market surveillance and compliance of products about conformity of products entering the Union from third countries; calls on the Commission to take measures to improve compliance with legislation by sellers established outside the Union where there is no manufacturer, importer or distributor established in the Union and to remedy any current legal loophole which allows suppliers established outside the Union to sell online to European consumers products which do not comply with Union rules on safety and consumer protection, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages; stresses, in this context, the need for a possibility to always identify manufacturers and sellers of products from third countries; |
| --- | --- |

62.

| 63. | Emphasises the need for online marketplaces to inform consumers promptly once a product they have purchased has been removed from the marketplace following a notification on its non-compliance with Union product safety or consumer protection rules; |
| --- | --- |

63.

| 64. | Stresses the need to ensure that the providers of online marketplaces consult RAPEX and notify competent authorities as soon as they become aware of illegal, unsafe and counterfeit products on their platforms; |
| --- | --- |

64.

| 65. | Considers that the providers of online marketplaces should enhance their cooperation with market surveillance authorities and the customs authorities, including by exchanging information on the seller of illegal, unsafe and counterfeit products; |
| --- | --- |

65.

| 66. | Calls on the Commission to urge Member States to undertake more joint market surveillance actions and to step up collaboration with customs authorities in order to check the safety of products sold online before they reach consumers; asks the Commission to explore the possibility of the creation of an international network of consumer centres to help EU consumers in handling disputes with traders based in non-EU countries; |
| --- | --- |

66.

| 67. | Asks the Commission to ensure that where online marketplaces offer professional services, a sufficient level of consumer protection is achieved through adequate safeguards and information requirements; |
| --- | --- |

67.

| 68. | Believes that, in the tourism and transport market, the DSA should aim at ensuring legal certainty and clarity by creating a governance framework formalising the cooperation between platforms and national, regional and local authorities aiming especially at sharing best practices and establishing a set of information obligations of short-term rental and mobility platforms vis-à-vis their service providers concerning relevant national, regional and local legislation; calls on the Commission to further remove unjustified barriers by devising a sector-specific EU-coordinated effort involving all stakeholders to agree on sets of criteria, such as permits, or licenses, or, where applicable, a local or national registration number of a service provider, in line with Single Market rules, necessary to offer a service on a short term rental or mobility platform; stresses the importance to avoid imposing disproportionate information obligations and unnecessary administrative burden on all providers of services with particular emphasis on peer-to-peer service providers and SMEs; |
| --- | --- |

68.

| 69. | Calls on the DSA, in line with the European Green deal, to promote sustainable growth and sustainability of e-commerce; stresses the importance of online marketplaces for promoting sustainable products and services and encouraging sustainable consumption; calls for measures to tackle misleading practices and disinformation regarding products and services offered online, including false ‘environmental claims’ while calling on the providers of online marketplaces to promote sustainability of e-commerce by providing consumers with clear and easily understandable information on the environmental impact of the products or services they buy online; |
| --- | --- |

69.

| 70. | Invites the Commission to examine thoroughly the clarity and consistency of the existing legal framework applying to the online sale of products and services in order to identify possible gaps and contradictions and lack of effective enforcement; asks the Commission to conduct a thorough analysis of the interaction between the DSA and the Union product safety and chemicals legislation; asks the Commission to ensure consistency between the new rules on online marketplaces and the revision of Directive 2001/95/EC (19) (‘the General Product Safety Directive’) and Directive 85/374/EEC (20) (‘the Product Liability Directive’); |
| --- | --- |

70.

| 71. | Notes the continued issues of the abuse or wrong application of selective distribution agreements to limit the availability of products and services across borders within the Single Market and between platforms; asks the Commission to act on this issue within any wider review of Vertical Bloc Exemptions and other policies under Article 101 TFEU, while refraining from its inclusion in the DSA; |
| --- | --- |

71.

Ex ante regulation of systemic operators

| 72. | Notes that, today, some markets are characterised by large operators with significant network effects which are able to act as de facto ‘online gatekeepers’ of the digital economy (‘systemic operators’); stresses the importance of fair and effective competition between online operators with significant digital presence and other providers in order to promote consumer welfare; asks the Commission to conduct a thorough analysis of the different issues observed in the market so far and its consequences including on consumers, SMEs and the internal market; |
| --- | --- |

72.

| 73. | Considers that by reducing barriers to market entry and by regulating systemic operators, an internal market instrument imposing ex ante regulatory remedies on those systemic operators with significant market power has the potential to open up markets to new entrants, including SMEs, entrepreneurs, and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone; |
| --- | --- |

73.

| 74. | Welcomes the Commission’s public consultation on the possibility of introducing, as part of the future DSA, a targeted ex ante regulation to tackle systemic issues which are specific to digital markets; stresses the intrinsic complementarity between internal market regulation and competition policy, as emphasised in the report by the Commission’s special advisers entitled ‘Competition Policy for the Digital Era’; |
| --- | --- |

74.

| 75. | Calls on the Commission to define ‘systemic operators’ on the basis of clear indicators; |
| --- | --- |

75.

| 76. | Considers that the ex ante regulation should build upon Regulation (EU) 2019/1150 (‘the Platform to Business Regulation’) and its measures should be in line with the Union’s antitrust rules and within the Union’s policy on competition, which is currently under revision, to better address the challenges in the digital age; the ex ante regulation should ensure fair trading conditions applicable to all operators, including possible additional requirements and a closed list of the positive and negative actions such operators are required to comply with and/ or forbidden to engage in; |
| --- | --- |

76.

| 77. | Calls on the Commission to analyse in particular the lack of transparency for recommendation systems of systemic operators including for the rules and criteria for the functioning of such systems and whether additional transparency obligations and information requirements need to be imposed; |
| --- | --- |

77.

| 78. | Highlights that the imposition of ex ante regulatory remedies in other sectors has improved competition in those sectors; notes that a similar framework could be developed for identifying systemic operators with a ‘gatekeeper’ role taking into account the specificities of the digital sector; |
| --- | --- |

78.

| 79. | Draws attention to the fact that the size of business users of systemic operators varies from multinationals to micro-enterprises; underlines that ex ante regulation on systemic operators should not lead to the ‘trickling down’ of additional requirements for the businesses that use them; |
| --- | --- |

79.

| 80. | Underlines that the accumulation and harvesting of vast amounts of data and the use of such data by systemic operators to expand from one market into another, as well as the further possibility to push users to use a single operator’s e-identification for multiple platforms, can create imbalances in bargaining power and, thus, leads to the distortion of competition in the Single Market; considers that increased transparency and data sharing, between systemic operators and competent authorities is crucial in view of guaranteeing the functioning of an ex ante rule regulation; |
| --- | --- |

80.

| 81. | Underlines that interoperability is key to enable competitive market, as well as users’ choice and innovative services, and to limit the risk of users’ and consumers’ lock-in effect; calls on the Commission to ensure appropriate levels of interoperability for systemic operators and to explore different technologies and open standards and protocols, including the possibility of a technical interface (Application Programming Interface); |
| --- | --- |

81.

Supervision, cooperation and enforcement

| 82. | Believes that, in view of the cross-border nature of digital services, effective supervision and cooperation between Member States including exchange of information and best practices, is key to ensure the proper enforcement of the DSA; stresses that the imperfect transposition, implementation and enforcement of Union legislation by Member States creates unjustified barriers in the digital single market; calls on the Commission to address those in close cooperation with Member States; |
| --- | --- |

82.

| 83. | Asks the Commission to ensure that Member States provide national supervisory authorities with the adequate financial means and human resources and enforcement powers to carry out their functions effectively and to contribute to their respective work; |
| --- | --- |

83.

| 84. | Stresses that cooperation between national as well as other Member States’ authorities, civil society and consumer organisations is of utmost importance for achieving effective enforcement of the DSA; proposes to strengthen the country-of-origin principle through increased cooperation between Member States in order to improve the regulatory oversight of digital services and to achieve effective law enforcement in cross-border cases; encourages Member States to pool and share best practices and data sharing between national regulators, and to provide regulators and legal authorities with secure interoperable ways to communicate to each other; |
| --- | --- |

84.

| 85. | Calls on the Commission to assess the most appropriate supervision and enforcement model for the application of the provisions regarding the DSA, and to consider the setup of a hybrid system, based on coordination and cooperation of national and Union authorities, for the effective enforcement oversight and implementation of the DSA; considers that such supervisory system should be responsible for the oversight, compliance, monitoring and application of the DSA and have supplementary powers to undertake cross-border initiatives and investigation and be entrusted with enforcement and auditing powers; |
| --- | --- |

85.

| 86. | Takes the view that EU coordination in cooperation with the network of national authorities should prioritise addressing complex cross-border issues; |
| --- | --- |

86.

| 87. | Recalls the importance of facilitating the sharing of non-personal data and promoting stakeholder dialogue; and encourages the creation and maintenance of a European research repository to facilitate the sharing of such data with public institutions, researchers, NGOs and universities for research purposes; calls on the Commission to build such tool upon existing best practices and initiatives such as the Platform observatory or the EU Blockchain Observatory; |
| --- | --- |

87.

| 88. | Believes that the Commission, through the Joint Research Centre, should be empowered to provide expert assistance to the Member States, upon request, towards the analysis of technological, administrative, or other matters in relation to the Digital Single Market legislative enforcement; and calls on national regulators and the Commission to provide further advice and assistance to Union SMEs about their rights; |
| --- | --- |

88.

| 89. | Calls on the Commission to strengthen and modernise the existing Union framework for out-of-court settlement under the E-Commerce Directive, taking into account developments under Directive 2013/11/EU (21), as well as court actions to allow for an effective enforcement and consumer redress; underlines the need to support consumers to use the court system; believes any revision should not weaken the legal protections of small businesses and traders that national legal systems provide; |
| --- | --- |

89.

Final aspects

| 90. | Considers that any financial implications of the requested proposal should be covered by appropriate budgetary allocations; |
| --- | --- |

90.

o

o o

| 91. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission, the Council, and to the parliaments and governments of the Member States. |
| --- | --- |

91.

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(1)  OJ L 178, 17.7.2000, p. 1.

(2)  OJ L 186, 11.7.2019, p. 57.

(3)  OJ L 136, 22.5.2019, p. 1.

(4)  OJ L 136, 22.5.2019, p. 28.

(5)  OJ L 149, 11.6.2005, p. 22.

(6)  OJ L 169, 25.6.2019, p. 1.

(7)  OJ L 376, 27.12.2006, p. 36.

(8)  OJ C 50 E, 21.2.2012, p. 1.

(9)  OJ C 331, 18.9.2018, p. 135.

(10)  OJ L 63, 6.3.2018, p. 50.

(11)  OJ L 119, 4.5.2016, p. 1.

(12)  OJ L 130, 17.5.2019, p. 92.

(13)  OJ L 201, 31.7.2002, p. 37.

(14)  OJ L 77, 27.3.1996, p. 20.

(15)  OJ L 167, 22.6.2001, p. 10.

(16)  OJ L 95, 15.4.2010, p. 1.

(17)  https://www.europarl.europa.eu/RegData/etudes/STUD/2020/654180/EPRS_STU(2020)654180_EN.pdf

(18)  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).

(19)  Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).

(20)  Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).

(21)  Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).

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ANNEX TO THE RESOLUTION:

RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

I.   GENERAL PRINCIPLES

The Digital Services Act package (‘DSA’) should contribute to the strengthening of the internal market by ensuring the free movement of digital services and the freedom to conduct a business, while at the same time guaranteeing a high level of consumer protection, and the improvement of users’ rights, trust and safety online.

The DSA should guarantee that online and offline economic activities are treated equally and that they are on a level playing field, which fully reflects the principle according to which ‘what is illegal offline is also illegal online’, taking into account the specific nature of the online environment.

The DSA should provide consumers and economic operators, especially micro, small and medium-sized enterprises, with legal certainty and transparency. The DSA should contribute to supporting innovation and removing unjustified and disproportionate barriers and restrictions to the provision of digital services.

The DSA should be without prejudice to the broad framework of fundamental rights and freedoms of users and consumers, such as the protection of private life and the protection of personal data, non-discrimination, dignity, the freedom of expression and the right to effective judicial remedy.

The DSA should build upon the rules currently applicable to online platforms, namely the E-Commerce Directive and the Platform to Business Regulation.

The DSA should include:

| — | a comprehensive revision of the E-Commerce Directive, based on Articles 53(1), 62 and 114 TFEU, consisting of:






  — | a revised framework with clear obligations with regards to transparency and information; |
| --- | --- | --- |

—

a comprehensive revision of the E-Commerce Directive, based on Articles 53(1), 62 and 114 TFEU, consisting of:

—

a revised framework with clear obligations with regards to transparency and information;

| — | clear and detailed procedures and measures related to effectively tackling and removing illegal content online, including a harmonised legally-binding European notice-and-action mechanism; |
| --- | --- |

—

clear and detailed procedures and measures related to effectively tackling and removing illegal content online, including a harmonised legally-binding European notice-and-action mechanism;

| — | effective supervision, cooperation and proportionate, effective and dissuasive sanctions; |
| --- | --- |

—

effective supervision, cooperation and proportionate, effective and dissuasive sanctions;

| — | an internal market legal instrument based on Article 114 TFEU, imposing ex ante obligations on large platforms with a gatekeeper role in the digital ecosystem (‘systemic operators’), complemented by an effective institutional enforcement mechanism. |
| --- | --- |

—

an internal market legal instrument based on Article 114 TFEU, imposing ex ante obligations on large platforms with a gatekeeper role in the digital ecosystem (‘systemic operators’), complemented by an effective institutional enforcement mechanism.

II.   SCOPE

In the interest of legal certainty, the DSA should clarify which digital services fall within its scope. The DSA should follow the horizontal nature of the E-Commerce Directive and apply not only to online platforms, but to all providers of information society services as defined in Union law.

A one-size-fits-all approach should be avoided. Different measures might be necessary for digital services offered in a purely business-to-business relationship, services which only have limited or no access to third parties or general public, and services which are targeted directly to consumers and the general public.

The territorial scope of the DSA should be extended to cover also the activities of companies, service providers and information society services established in third countries, when their activities are related to the offer of services or goods to consumers or users in the Union and directed at them.

If the Commission, following its review, considers that the DSA should amend the Annex of the E-Commerce Directive in respect of the derogations set out therein, it should not amend in particular the derogation of contractual obligations concerning consumer contracts.

The DSA should ensure that the Union and the Member States maintain a high level of consumer protection and that Member States can pursue legitimate public interest objectives, where it is necessary, proportionate and in accordance with Union law.

The DSA should define in a coherent way how its provisions interact with other legal instruments, aiming at facilitating free movement of services, in order to clarify the legal regime applicable to professional and non-professional services in all sectors, including activities related to transport services and short-term rentals, where clarification is needed.

The DSA should also clarify in a coherent way how its provisions interact with recently adopted rules on geo-blocking, product safety, market surveillance, platforms to business relations, consumer protection, sale of goods and supply of digital content and digital services (1), among others, and other announced initiatives such as the AI regulatory framework.

The DSA should apply without prejudice to the rules set out in other instruments, such as the GDPR, Directive (EU) 2019/790 (‘the Copyright Directive’) and Directive 2010/13/EU (‘the Audiovisual Media Services Directive’).

III.   DEFINITIONS

In the definitions to be included therein, the DSA should:

| — | clarify to what extent new digital services, such as social media networks, collaborative economy services, search engines, WiFi hotspots, online advertising, cloud services, web hosting, messaging services, app stores, comparison tools, AI driven services, content delivery networks, and domain name services fall within its scope; |
| --- | --- |

—

clarify to what extent new digital services, such as social media networks, collaborative economy services, search engines, WiFi hotspots, online advertising, cloud services, web hosting, messaging services, app stores, comparison tools, AI driven services, content delivery networks, and domain name services fall within its scope;

| — | clarify the nature of content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling goods, including goods with digital elements, or services) on the other; |
| --- | --- |

—

clarify the nature of content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling goods, including goods with digital elements, or services) on the other;

| — | clarify the difference between economic activities and content or transactions provided against remuneration, as defined by the Court, which also cover advertising and marketing practices on the one hand, and non-economic activities and content on the other; |
| --- | --- |

—

clarify the difference between economic activities and content or transactions provided against remuneration, as defined by the Court, which also cover advertising and marketing practices on the one hand, and non-economic activities and content on the other;

| — | clarify what falls within the remit of the ‘illegal content’ definition by making it clear that a violation of Union rules on consumer protection, product safety or the offer or sale of food or tobacco products, cosmetics and counterfeit medicines, or wildlife products also falls within the definition of illegal content; |
| --- | --- |

—

clarify what falls within the remit of the ‘illegal content’ definition by making it clear that a violation of Union rules on consumer protection, product safety or the offer or sale of food or tobacco products, cosmetics and counterfeit medicines, or wildlife products also falls within the definition of illegal content;

| — | define the term ‘systemic operator’ by establishing a set of clear indicators that allow regulatory authorities to identify platforms which enjoy a significant market position with a ‘gatekeeper’ role, thereby playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets or has the ability to lock-in users and consumers, the size of its network (number of users), and the presence of network effects; barriers to entry, its financial strength, the ability to access data, the accumulation and the combination of data from different sources; vertical integration and its role as an unavoidable partner and the importance of its activity for third parties’ access to supply and markets, etc.; |
| --- | --- |

—

define the term ‘systemic operator’ by establishing a set of clear indicators that allow regulatory authorities to identify platforms which enjoy a significant market position with a ‘gatekeeper’ role, thereby playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets or has the ability to lock-in users and consumers, the size of its network (number of users), and the presence of network effects; barriers to entry, its financial strength, the ability to access data, the accumulation and the combination of data from different sources; vertical integration and its role as an unavoidable partner and the importance of its activity for third parties’ access to supply and markets, etc.;

| — | seek to codify the decisions of the Court, where needed, and having due regard to the many different pieces of legislation which use those definitions. |
| --- | --- |

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seek to codify the decisions of the Court, where needed, and having due regard to the many different pieces of legislation which use those definitions.

IV.   TRANSPARENCY AND INFORMATION OBLIGATIONS

The DSA should introduce clear and proportionate transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:

1.   General information requirements

The revised provisions of the E-Commerce Directive should strengthen the general information requirements with the following obligations:

| — | the information requirements in Article 5 and Articles 6 and 10 of the E-Commerce Directive should be reinforced; |
| --- | --- |

—

the information requirements in Article 5 and Articles 6 and 10 of the E-Commerce Directive should be reinforced;

| — | the ‘Know Your Business Customer’ principle, limited to the direct commercial relationships of the hosting provider, should be introduced for business users; hosting providers should compare the identification data provided by their business users against the EU VAT and Economic Operator Identification and Registration (‘EORI’) databases, where a VAT or EORI number exists; where a business is exempt from VAT or EORI registration, proof of identification should be provided; when a business user is acting as an agent for other businesses, it should declare themselves as such; hosting providers should ask their business users to ensure that all information provided is accurate and up-to-date, subject to any change, and hosting providers should not be allowed to provide services to business users when that information is incomplete or when the hosting provider has been informed by the competent authorities that the identity of their business user is false, misleading or otherwise invalid; |
| --- | --- |

—

the ‘Know Your Business Customer’ principle, limited to the direct commercial relationships of the hosting provider, should be introduced for business users; hosting providers should compare the identification data provided by their business users against the EU VAT and Economic Operator Identification and Registration (‘EORI’) databases, where a VAT or EORI number exists; where a business is exempt from VAT or EORI registration, proof of identification should be provided; when a business user is acting as an agent for other businesses, it should declare themselves as such; hosting providers should ask their business users to ensure that all information provided is accurate and up-to-date, subject to any change, and hosting providers should not be allowed to provide services to business users when that information is incomplete or when the hosting provider has been informed by the competent authorities that the identity of their business user is false, misleading or otherwise invalid;

| — | the measure of exclusion from services referred to above should apply only to contractual business-to-business relationships and should be without prejudice to the rights of data subjects under the GDPR. That measure should be without prejudice to the protection of online anonymity for users, other than business users. The new general information requirements should further enhance Articles 5, 6 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular Directive 93/13/EEC (2) (‘the Unfair Contract Terms Directive’), Directive 2011/83/EU (3) (‘the Consumer Rights Directive’) and the Platform to Business Regulation; |
| --- | --- |

—

the measure of exclusion from services referred to above should apply only to contractual business-to-business relationships and should be without prejudice to the rights of data subjects under the GDPR. That measure should be without prejudice to the protection of online anonymity for users, other than business users. The new general information requirements should further enhance Articles 5, 6 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular Directive 93/13/EEC (2) (‘the Unfair Contract Terms Directive’), Directive 2011/83/EU (3) (‘the Consumer Rights Directive’) and the Platform to Business Regulation;

| — | Article 5 of the E-Commerce Directive should be further modernised by requiring digital service providers to provide consumers with direct and efficient means of communication such as electronic contact forms, chatbots, instant messaging or telephone callback, provided that the information relating to those means of communication is accessible to consumers in a clear and comprehensible manner; |
| --- | --- |

—

Article 5 of the E-Commerce Directive should be further modernised by requiring digital service providers to provide consumers with direct and efficient means of communication such as electronic contact forms, chatbots, instant messaging or telephone callback, provided that the information relating to those means of communication is accessible to consumers in a clear and comprehensible manner;

2.   Fair contract terms and general conditions

The DSA should establish minimum standards for service providers to adopt fair, accessible, non-discriminatory and transparent contract terms and general conditions in compliance, with at least the following requirements:

| — | to define clear and unambiguous contract terms and general conditions in a plain and intelligible language; |
| --- | --- |

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to define clear and unambiguous contract terms and general conditions in a plain and intelligible language;

| — | to explicitly indicate in the contract terms and general conditions what is to be understood as illegal content or behaviour according to Union or national law and to explain the legal consequences to be faced by users for knowingly storing or uploading illegal content; |
| --- | --- |

—

to explicitly indicate in the contract terms and general conditions what is to be understood as illegal content or behaviour according to Union or national law and to explain the legal consequences to be faced by users for knowingly storing or uploading illegal content;

| — | to notify users whenever a significant change that can affect users’ rights is made to the contract terms and general conditions and to provide an explanation thereof; |
| --- | --- |

—

to notify users whenever a significant change that can affect users’ rights is made to the contract terms and general conditions and to provide an explanation thereof;

| — | to ensure that pre-formulated standard clauses in contract terms and general conditions, which have not been individually negotiated in advance, including in End-User Licensing Agreements, start with a summary statement based on a harmonised template, to be set out by the Commission; |
| --- | --- |

—

to ensure that pre-formulated standard clauses in contract terms and general conditions, which have not been individually negotiated in advance, including in End-User Licensing Agreements, start with a summary statement based on a harmonised template, to be set out by the Commission;

| — | to ensure that the cancellation process is as effortless as the sign-up process (with no ‘dark patterns’ or other influence on consumer decision); |
| --- | --- |

—

to ensure that the cancellation process is as effortless as the sign-up process (with no ‘dark patterns’ or other influence on consumer decision);

| — | where automated systems are used, to specify clearly and unambiguously in their contract terms and general conditions the inputs and targeted outputs of their automated systems, and the main parameters determining ranking, as well as the reasons for the relative importance of those main parameters as compared to other parameters, while ensuring consistency with the Platforms-to-Business Regulation; |
| --- | --- |

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where automated systems are used, to specify clearly and unambiguously in their contract terms and general conditions the inputs and targeted outputs of their automated systems, and the main parameters determining ranking, as well as the reasons for the relative importance of those main parameters as compared to other parameters, while ensuring consistency with the Platforms-to-Business Regulation;

| — | to ensure that the requirements on contract terms and general conditions are consistent with and complement information requirements established by Union law, including those set out in the Unfair Contract Terms Directive, the Unfair Commercial Practices Directive, the Consumer Rights Directive, as amended by Directive (EU) 2019/2161, and with the GDPR; |
| --- | --- |

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to ensure that the requirements on contract terms and general conditions are consistent with and complement information requirements established by Union law, including those set out in the Unfair Contract Terms Directive, the Unfair Commercial Practices Directive, the Consumer Rights Directive, as amended by Directive (EU) 2019/2161, and with the GDPR;

3.   Transparency requirements on commercial communications

| — | The revised provisions of the E-Commerce Directive should strengthen the current transparency requirements regarding commercial communications by establishing the principles of transparency-by-design and transparency-by-default. |
| --- | --- |

—

The revised provisions of the E-Commerce Directive should strengthen the current transparency requirements regarding commercial communications by establishing the principles of transparency-by-design and transparency-by-default.

| — | Building upon Article 6 and 7 of the E-Commerce Directive, the measures to be proposed should establish a new framework for Platform to Consumer relations on transparency as regards online advertising, digital nudging, micro targeting, recommendation systems for advertisement and preferential treatment; those measures should:






  — | include the obligation to disclose clearly defined types of information about online advertisement to enable effective auditing and control, such as information on the identity of the advertiser and the direct and indirect payments or any other remuneration received by service providers; that should also enable consumers and public authorities to identify who should be held accountable in case of, for example, false or misleading advertisement; the measures should also contribute to ensuring that illegal activities cannot be funded via advertising services; |
| --- | --- | --- |

—

Building upon Article 6 and 7 of the E-Commerce Directive, the measures to be proposed should establish a new framework for Platform to Consumer relations on transparency as regards online advertising, digital nudging, micro targeting, recommendation systems for advertisement and preferential treatment; those measures should:

—

include the obligation to disclose clearly defined types of information about online advertisement to enable effective auditing and control, such as information on the identity of the advertiser and the direct and indirect payments or any other remuneration received by service providers; that should also enable consumers and public authorities to identify who should be held accountable in case of, for example, false or misleading advertisement; the measures should also contribute to ensuring that illegal activities cannot be funded via advertising services;

| — | clearly distinguish between commercial and political online advertisement and ensure transparency of the criteria for the profiling targeted groups and the optimisation of advertising campaigns; enable consumers with a by default option not to be tracked or micro-targeted and to opt-in for the use of behavioural data for advertising purposes, as well as an opt-in option for political advertising and ads; |
| --- | --- |

—

clearly distinguish between commercial and political online advertisement and ensure transparency of the criteria for the profiling targeted groups and the optimisation of advertising campaigns; enable consumers with a by default option not to be tracked or micro-targeted and to opt-in for the use of behavioural data for advertising purposes, as well as an opt-in option for political advertising and ads;

| — | provide consumers with access to their dynamic marketing profiles, so that they are informed on whether and for what purposes they are tracked and if the information they receive is for advertising purposes, and guarantee their right to contest decisions that undermine their rights; |
| --- | --- |

—

provide consumers with access to their dynamic marketing profiles, so that they are informed on whether and for what purposes they are tracked and if the information they receive is for advertising purposes, and guarantee their right to contest decisions that undermine their rights;

| — | ensure that paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise and intelligible manner, in line with Directive 2005/29/EC, as amended by Directive (EU) 2019/2161; |
| --- | --- |

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ensure that paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise and intelligible manner, in line with Directive 2005/29/EC, as amended by Directive (EU) 2019/2161;

| — | ensure compliance with the principle of non-discrimination and with minimum diversification requirements, and identify practices constituting aggressive advertising, whilst encouraging consumer-friendly AI-technologies; |
| --- | --- |

—

ensure compliance with the principle of non-discrimination and with minimum diversification requirements, and identify practices constituting aggressive advertising, whilst encouraging consumer-friendly AI-technologies;

| — | introduce accountability and fairness criteria for algorithms used for targeted advertising and advertisement optimisation, and allow for external regulatory audits by competent authorities and for the verification of algorithmic design choices that involve information about individuals, without risk to violate user privacy and trade secrets; |
| --- | --- |

—

introduce accountability and fairness criteria for algorithms used for targeted advertising and advertisement optimisation, and allow for external regulatory audits by competent authorities and for the verification of algorithmic design choices that involve information about individuals, without risk to violate user privacy and trade secrets;

| — | provide access to advertising delivery data and information about the exposure of advertisers, when it comes to where and when advertisements are placed, and the performance of paid vs unpaid advertising; |
| --- | --- |

—

provide access to advertising delivery data and information about the exposure of advertisers, when it comes to where and when advertisements are placed, and the performance of paid vs unpaid advertising;

4.   Artificial Intelligence and machine learning

The revised provisions should follow the principles listed below regarding the provision of information society services which are enabled by AI or make use of automated decision-making tools or machine learning tools, by:

| — | ensuring that consumers have the right to be informed if a service is enabled by AI, makes use of automated decision-making or machine learning tools or automated content recognition tools, in addition to the right not to be subject to a decision based solely on automated processing and to the possibility to refuse, limit or personalise the use of any AI-enabled personalisation features, especially in view of ranking of services; |
| --- | --- |

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ensuring that consumers have the right to be informed if a service is enabled by AI, makes use of automated decision-making or machine learning tools or automated content recognition tools, in addition to the right not to be subject to a decision based solely on automated processing and to the possibility to refuse, limit or personalise the use of any AI-enabled personalisation features, especially in view of ranking of services;

| — | establishing comprehensive rules on non-discrimination and transparency of algorithms and data sets; |
| --- | --- |

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establishing comprehensive rules on non-discrimination and transparency of algorithms and data sets;

| — | ensuring that algorithms are explainable to competent authorities who can check when they have reasons to believe that there is an algorithmic bias; |
| --- | --- |

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ensuring that algorithms are explainable to competent authorities who can check when they have reasons to believe that there is an algorithmic bias;

| — | providing for a case-by-case oversight and recurrent risk assessment of algorithms by competent authorities, as well as human control over decision-making, in order to guarantee a higher level of consumer protection; such requirements should be consistent with the human control mechanisms and risk assessment obligations for automating services set out in existing rules, such as Directive (EU) 2018/958 (4) (‘the Proportionality Test Directive’), and should not constitute an unjustified or disproportionate restriction to the free moment of services; |
| --- | --- |

—

providing for a case-by-case oversight and recurrent risk assessment of algorithms by competent authorities, as well as human control over decision-making, in order to guarantee a higher level of consumer protection; such requirements should be consistent with the human control mechanisms and risk assessment obligations for automating services set out in existing rules, such as Directive (EU) 2018/958 (4) (‘the Proportionality Test Directive’), and should not constitute an unjustified or disproportionate restriction to the free moment of services;

| — | establishing clear accountability, liability and redress mechanisms to deal with potential harms resulting from the use of AI applications, automated decision-making and machine learning tools; |
| --- | --- |

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establishing clear accountability, liability and redress mechanisms to deal with potential harms resulting from the use of AI applications, automated decision-making and machine learning tools;

| — | establishing the principle of safety, security by design and by default and setting out effective and efficient rights and procedures for AI developers in instances where the algorithms produce sensitive decisions about individuals, and by properly addressing and exploiting the impact of upcoming technological developments; |
| --- | --- |

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establishing the principle of safety, security by design and by default and setting out effective and efficient rights and procedures for AI developers in instances where the algorithms produce sensitive decisions about individuals, and by properly addressing and exploiting the impact of upcoming technological developments;

| — | ensuring consistency with confidentiality, user privacy and trade secrets; |
| --- | --- |

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ensuring consistency with confidentiality, user privacy and trade secrets;

| — | ensuring that, when AI technologies introduced at the workplace have direct impacts on employment conditions of workers using digital services, there needs to be an comprehensive information to workers; |
| --- | --- |

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ensuring that, when AI technologies introduced at the workplace have direct impacts on employment conditions of workers using digital services, there needs to be an comprehensive information to workers;

5.   Penalties

The compliance to those provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of proportionate fines.

V.   MEASURES RELATED TO TACKLING ILLEGAL CONTENT ONLINE

The DSA should provide clarity and guidance regarding how online intermediaries should tackle illegal content online. The revised rules of the E-Commerce Directive should:

| — | clarify that any removal or disabling access to illegal content should not affect the fundamental rights and the legitimate interests of users and consumers and that legal content should stay online; |
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clarify that any removal or disabling access to illegal content should not affect the fundamental rights and the legitimate interests of users and consumers and that legal content should stay online;

| — | improve the legal framework taking into account the central role played by online intermediaries and the internet in facilitating the public debate and the free dissemination of facts, opinions, and ideas; |
| --- | --- |

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improve the legal framework taking into account the central role played by online intermediaries and the internet in facilitating the public debate and the free dissemination of facts, opinions, and ideas;

| — | preserve the underlying legal principle that online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating content under fair, accessible, non-discriminatory and transparent terms and conditions of service; |
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preserve the underlying legal principle that online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating content under fair, accessible, non-discriminatory and transparent terms and conditions of service;

| — | clarify that a decision made by online intermediaries as to whether content uploaded by users is legal should be provisional, and that online intermediaries should not be held liable for it, as only courts of law should decide in the final instance what is illegal content; |
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clarify that a decision made by online intermediaries as to whether content uploaded by users is legal should be provisional, and that online intermediaries should not be held liable for it, as only courts of law should decide in the final instance what is illegal content;

| — | ensure that the ability of Member States to decide which content is illegal under national law is not affected; |
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ensure that the ability of Member States to decide which content is illegal under national law is not affected;

| — | ensure that the measures online intermediaries are called to adopt are proportionate, effective and adequate in order to effectively tackle illegal content online; |
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ensure that the measures online intermediaries are called to adopt are proportionate, effective and adequate in order to effectively tackle illegal content online;

| — | adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement; |
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adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement;

| — | ensure that the blocking of access to, and the removal of, illegal content does not require blocking the access to an entire platform and services which are otherwise legal; |
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ensure that the blocking of access to, and the removal of, illegal content does not require blocking the access to an entire platform and services which are otherwise legal;

| — | introduce new transparency and independent oversight of the content moderation procedures and tools related to the removal of illegal content online; such systems and procedures should be accompanied by robust safeguards for transparency and accountability and be available for auditing and testing by competent authorities. |
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introduce new transparency and independent oversight of the content moderation procedures and tools related to the removal of illegal content online; such systems and procedures should be accompanied by robust safeguards for transparency and accountability and be available for auditing and testing by competent authorities.

1.   A notice-and-action mechanism

The DSA should establish a harmonised and legally enforceable notice-and-action mechanism based on a set of clear processes and precise timeframes for each step of the notice-and-action procedure. That notice-and-action mechanism should:

| — | apply to illegal online content or behaviour; |
| --- | --- |

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apply to illegal online content or behaviour;

| — | differentiate among different types of providers, sectors and/or illegal content and the seriousness of the infringement; |
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differentiate among different types of providers, sectors and/or illegal content and the seriousness of the infringement;

| — | create easily accessible, reliable and user-friendly procedures tailored to the type of content; |
| --- | --- |

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create easily accessible, reliable and user-friendly procedures tailored to the type of content;

| — | allow users to easily notify by electronic means potentially illegal online content or behaviour to online intermediaries; |
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allow users to easily notify by electronic means potentially illegal online content or behaviour to online intermediaries;

| — | clarify, in an intelligible way, existing concepts and processes such as ‘expeditious action’, ‘actual knowledge and awareness’, ‘targeted actions’, ‘notices’ formats’, and ‘validity of notices’; |
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clarify, in an intelligible way, existing concepts and processes such as ‘expeditious action’, ‘actual knowledge and awareness’, ‘targeted actions’, ‘notices’ formats’, and ‘validity of notices’;

| — | guarantee that notices will not automatically trigger legal liability nor should they impose any removal requirement, for specific pieces of the content or for the legality assessment; |
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guarantee that notices will not automatically trigger legal liability nor should they impose any removal requirement, for specific pieces of the content or for the legality assessment;

| — | require notices to be sufficiently precise and adequately substantiated so as to allow the service provider receiving them to take an informed and diligent decision as regards the effect to be given to the notice, and specify the requirements necessary to ensure that notices contain all the information necessary for the swift removal of illegal content; |
| --- | --- |

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require notices to be sufficiently precise and adequately substantiated so as to allow the service provider receiving them to take an informed and diligent decision as regards the effect to be given to the notice, and specify the requirements necessary to ensure that notices contain all the information necessary for the swift removal of illegal content;

| — | notices should include the location (URL and timestamp, where appropriate) of the allegedly illegal content in question, an indication of the time and date when the alleged wrongdoing was committed, the stated reason for the claim, including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim, and a declaration of good faith that the information provided is accurate; |
| --- | --- |

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notices should include the location (URL and timestamp, where appropriate) of the allegedly illegal content in question, an indication of the time and date when the alleged wrongdoing was committed, the stated reason for the claim, including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim, and a declaration of good faith that the information provided is accurate;

| — | notice providers should have the possibility, but not be required, to include their contact details in a notice; where they decide to do so, their anonymity should be ensured towards the content provider; if no contact details are provided, the IP address or other equivalent can be used; anonymous notices should not be permitted when they concern the violation of personality rights or intellectual property rights; |
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notice providers should have the possibility, but not be required, to include their contact details in a notice; where they decide to do so, their anonymity should be ensured towards the content provider; if no contact details are provided, the IP address or other equivalent can be used; anonymous notices should not be permitted when they concern the violation of personality rights or intellectual property rights;

| — | set up safeguards to prevent abusive behaviour by users who systematically, repeatedly and in bad faith submit wrongful or abusive notices; |
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set up safeguards to prevent abusive behaviour by users who systematically, repeatedly and in bad faith submit wrongful or abusive notices;

| — | create an obligation for the online intermediaries to verify the notified content and reply in a timely manner to the notice provider and to the content uploader with a reasoned decision; such a requirement to reply should include the reasoning behind the decision, how the decision was made, if the decision was made by a human or an automated decision agent, and information about the possibility to appeal the decision by either party, with the intermediary, courts or other entities; |
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create an obligation for the online intermediaries to verify the notified content and reply in a timely manner to the notice provider and to the content uploader with a reasoned decision; such a requirement to reply should include the reasoning behind the decision, how the decision was made, if the decision was made by a human or an automated decision agent, and information about the possibility to appeal the decision by either party, with the intermediary, courts or other entities;

| — | provide information and remedies to contest the decision via a counter-notice, including if the content has been removed via automated solutions, unless such a counter-notice would conflict with an ongoing investigation by law enforcement authorities; |
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provide information and remedies to contest the decision via a counter-notice, including if the content has been removed via automated solutions, unless such a counter-notice would conflict with an ongoing investigation by law enforcement authorities;

| — | safeguard that judicial injunctions issued in a Member State other than that of the online intermediaries should not be handled within the notice-and-action mechanism. |
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safeguard that judicial injunctions issued in a Member State other than that of the online intermediaries should not be handled within the notice-and-action mechanism.

The DSA notice-and-action mechanism should be binding only for illegal content. That, however, should not prevent online intermediaries from being able to adopt a similar notice-and-action mechanism for other content.

2.   Out-of-court dispute settlement related with the notice-and-action mechanisms

| — | The decision taken by the online intermediary on whether or not to act upon content flagged as illegal should contain a clear justification on the actions undertaken regarding that specific content. The notice provider should receive a confirmation of receipt and a communication indicating the follow-up given to the notification; |
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The decision taken by the online intermediary on whether or not to act upon content flagged as illegal should contain a clear justification on the actions undertaken regarding that specific content. The notice provider should receive a confirmation of receipt and a communication indicating the follow-up given to the notification;

| — | The providers of the content that is being flagged as illegal should be immediately informed of the notice and, that being the case, of the reasons and decisions taken to remove, suspend or disable access to the content; all parties should be duly informed of all existing available legal options and mechanisms to challenge this decision; |
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The providers of the content that is being flagged as illegal should be immediately informed of the notice and, that being the case, of the reasons and decisions taken to remove, suspend or disable access to the content; all parties should be duly informed of all existing available legal options and mechanisms to challenge this decision;

| — | All interested parties should have the right to contest the decision through a counter-notice which must be subject to clear requirements and accompanied by an explanation; interested parties should also have recourse to out-of-court dispute settlement mechanisms; |
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All interested parties should have the right to contest the decision through a counter-notice which must be subject to clear requirements and accompanied by an explanation; interested parties should also have recourse to out-of-court dispute settlement mechanisms;

| — | The right to be notified and the right to issue a counter-notice by a user before a decision to remove content is taken shall only be restricted or waived, where:






  (a) | online intermediaries are subject to a national legal requirement that online intermediation services terminate the provision of the whole of its online intermediation services to a given user, in a manner which does not allow it to respect that notice-and-action mechanism; or, |
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The right to be notified and the right to issue a counter-notice by a user before a decision to remove content is taken shall only be restricted or waived, where:

(a)

online intermediaries are subject to a national legal requirement that online intermediation services terminate the provision of the whole of its online intermediation services to a given user, in a manner which does not allow it to respect that notice-and-action mechanism; or,

| (b) | the notification or counter-notice would impede an ongoing criminal investigation that requires to keep the decision to suspend or remove access to the content a secret. |
| --- | --- |

(b)

the notification or counter-notice would impede an ongoing criminal investigation that requires to keep the decision to suspend or remove access to the content a secret.

| — | The rules of Article 17 of the E-Commerce Directive should be revised to ensure that independent out-of-court dispute settlement mechanisms are put in place and are available to users in the event of disputes over the disabling of access to, or the removal of, works or other subject matter uploaded by them; |
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The rules of Article 17 of the E-Commerce Directive should be revised to ensure that independent out-of-court dispute settlement mechanisms are put in place and are available to users in the event of disputes over the disabling of access to, or the removal of, works or other subject matter uploaded by them;

| — | The out-of-court dispute settlement mechanism should meet certain standards, in particular in terms of procedural fairness, independence, impartiality, transparency and effectiveness; such mechanisms shall enable disputes to be settled impartially and shall not deprive the user of legal protection afforded by national law, without prejudice to the rights of users to have recourse to efficient judicial remedies; |
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The out-of-court dispute settlement mechanism should meet certain standards, in particular in terms of procedural fairness, independence, impartiality, transparency and effectiveness; such mechanisms shall enable disputes to be settled impartially and shall not deprive the user of legal protection afforded by national law, without prejudice to the rights of users to have recourse to efficient judicial remedies;

| — | If the redress and counter-notice have established that the notified activity or information is not illegal, the online intermediary should restore the content that was removed or suspended without undue delay or allow for re-upload by the user; |
| --- | --- |

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If the redress and counter-notice have established that the notified activity or information is not illegal, the online intermediary should restore the content that was removed or suspended without undue delay or allow for re-upload by the user;

| — | When issuing, contesting or receiving a notice, all interested parties should be notified of both the possibility of making use of an alternative dispute resolution mechanism and of the right to recourse to a competent national court; |
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When issuing, contesting or receiving a notice, all interested parties should be notified of both the possibility of making use of an alternative dispute resolution mechanism and of the right to recourse to a competent national court;

| — | The out-of-court dispute settlement mechanisms should in no way affect the rights of the parties involved to initiate legal proceedings. |
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The out-of-court dispute settlement mechanisms should in no way affect the rights of the parties involved to initiate legal proceedings.

3.   Transparency of the notice-and-action mechanism

The notice-and-action mechanisms should be transparent and publicly available; to that end, online intermediaries should be obliged to publish annual reports, which should be standardised and contain information on:

| — | the number of all notices received under the notice-and-action mechanism and the types of content they relate to; |
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the number of all notices received under the notice-and-action mechanism and the types of content they relate to;

| — | the average response time per type of content; |
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the average response time per type of content;

| — | the number of erroneous takedowns; |
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the number of erroneous takedowns;

| — | the type of entities that issued the notices (private individuals, organisations, corporations, trusted flaggers, etc.) and the total number of their notices; |
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—

the type of entities that issued the notices (private individuals, organisations, corporations, trusted flaggers, etc.) and the total number of their notices;

| — | information about the nature of the content’s illegality or the type of infringement for which it was removed; |
| --- | --- |

—

information about the nature of the content’s illegality or the type of infringement for which it was removed;

| — | the number of contested decisions received by online intermediaries and how they were handled; |
| --- | --- |

—

the number of contested decisions received by online intermediaries and how they were handled;

| — | the description of the content moderation model applied by the hosting intermediary, as well as of any automated tools, including meaningful information about the logic involved; |
| --- | --- |

—

the description of the content moderation model applied by the hosting intermediary, as well as of any automated tools, including meaningful information about the logic involved;

| — | the measures they adopt with regards to repeated offenders to ensure that those are effective in tackling such systemic abusive behaviour. |
| --- | --- |

—

the measures they adopt with regards to repeated offenders to ensure that those are effective in tackling such systemic abusive behaviour.

The obligation to publish that report and the detail it requires should take into account the size or the scale on which online intermediaries operate and whether they have only limited resources and expertise. Microenterprises and start-ups should be required to update this report only where there is significant change from one year to the next.

Online intermediaries should also publish information about their procedures and timeframes for intervention by interested parties, such as the time for the content uploader to respond with a counter-notification, the time at which the intermediary will inform both parties about the result of the procedure, and the time for different forms of appeal against any decision.

4.   Safe harbour provisions in Article 12, 13 and 14 of the E-Commerce Directive

The DSA should protect and uphold the current limited exemptions from liability for information society service providers (online intermediaries) provided for in Article 12, 13, and 14 of the E-Commerce Directive.

5.   Active and Passive hosts

The DSA should maintain the derogations in the E-Commerce Directive for intermediaries playing a neutral and passive role and address the lack of legal certainty regarding the concept of ‘active role’ by codifying the case-law of the Court on that matter. It should also clarify that the hosting providers play an active role when creating the content or contributing to a certain degree to the illegality of the content, or if it amounts to adoption of the third-party content as one’s own, as judged by average users or consumers.

It should ensure that voluntary measures taken by online intermediaries to address illegal content should not lead to them being considered as having an active role, solely on the basis of those measures. However, the deployment of any such measures should be accompanied with appropriate safeguards and content moderation practices should be fair, accessible, non-discriminatory and transparent.

The DSA should maintain the exemptions from liability for backend and infrastructure services, which are not party to the contractual relations between online intermediaries and their customers and which merely implement decisions taken by the online intermediaries or their customers.

6.   Ban on General Monitoring — Article 15 of the E-Commerce Directive

The DSA should maintain the ban on a general monitoring obligation under Article 15 of the E-Commerce Directive. Online intermediaries should not be subject to general monitoring obligations.

VI.   ONLINE MARKETPLACES

The DSA should propose specific new rules for online marketplaces, for the online sale, promotion or supply of products and for the provision of services to consumers.

Those new rules should:

| — | be consistent with, and complementary to, a reform of the General Product Safety Directive; |
| --- | --- |

—

be consistent with, and complementary to, a reform of the General Product Safety Directive;

| — | cover all entities that offer and direct services and/or products to consumers in the Union, including if they are established outside the Union; |
| --- | --- |

—

cover all entities that offer and direct services and/or products to consumers in the Union, including if they are established outside the Union;

| — | distinguish online marketplaces from other types of service providers, including other ancillary intermediation activities within the same company activity; if one of the services provided by a company fulfils the criteria necessary to be considered as a marketplace, the rules should fully apply to that part of the business regardless of the internal organisation of that company; |
| --- | --- |

—

distinguish online marketplaces from other types of service providers, including other ancillary intermediation activities within the same company activity; if one of the services provided by a company fulfils the criteria necessary to be considered as a marketplace, the rules should fully apply to that part of the business regardless of the internal organisation of that company;

| — | ensure that online marketplaces make it clear from which country the products are sold or services are being provided, regardless whether they are provided or sold by that marketplace, a third party or a seller established inside or outside the Union; |
| --- | --- |

—

ensure that online marketplaces make it clear from which country the products are sold or services are being provided, regardless whether they are provided or sold by that marketplace, a third party or a seller established inside or outside the Union;

| — | ensure that online marketplaces remove quickly any known misleading information given by the supplier, including misleading implicit guarantees and statements made by the supplier; |
| --- | --- |

—

ensure that online marketplaces remove quickly any known misleading information given by the supplier, including misleading implicit guarantees and statements made by the supplier;

| — | ensure that online marketplaces, offering professional services, indicate when a profession is regulated within the meaning of Directive 2005/36/EC, in order to enable consumers to make both an informed choice and to verify, where necessary, with the relevant competent authority if a professional meets the requirements for a specific professional qualification; |
| --- | --- |

—

ensure that online marketplaces, offering professional services, indicate when a profession is regulated within the meaning of Directive 2005/36/EC, in order to enable consumers to make both an informed choice and to verify, where necessary, with the relevant competent authority if a professional meets the requirements for a specific professional qualification;

| — | ensure that online marketplaces are transparent and accountable and cooperate with the competent authorities of the Member States in order to identify, where serious risks of dangerous products exist and to alert them as soon as they become aware of such products on their platforms; |
| --- | --- |

—

ensure that online marketplaces are transparent and accountable and cooperate with the competent authorities of the Member States in order to identify, where serious risks of dangerous products exist and to alert them as soon as they become aware of such products on their platforms;

| — | ensure that online marketplaces consult the Union Rapid Alert System for dangerous non-food products (RAPEX) and carry out random checks on recalled and dangerous products and, wherever possible, take appropriate action in respect to products concerned; |
| --- | --- |

—

ensure that online marketplaces consult the Union Rapid Alert System for dangerous non-food products (RAPEX) and carry out random checks on recalled and dangerous products and, wherever possible, take appropriate action in respect to products concerned;

| — | ensure that once products have been identified as unsafe and/or counterfeit by the Union’s rapid alert systems, by national market surveillance authorities, by customs authorities or by consumer protection authorities, it should be compulsory to remove products from the marketplace expeditiously and maximum within two working days of receiving notification; |
| --- | --- |

—

ensure that once products have been identified as unsafe and/or counterfeit by the Union’s rapid alert systems, by national market surveillance authorities, by customs authorities or by consumer protection authorities, it should be compulsory to remove products from the marketplace expeditiously and maximum within two working days of receiving notification;

| — | ensure that online marketplaces inform consumers once a product they bought therein has been removed from their platform following a notification on its non-compliance with Union product safety and consumer protection rules; they should also inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively; |
| --- | --- |

—

ensure that online marketplaces inform consumers once a product they bought therein has been removed from their platform following a notification on its non-compliance with Union product safety and consumer protection rules; they should also inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively;

| — | ensure that online marketplaces put in place measures to act against repeat offenders who offer dangerous products, in cooperation with authorities in line with the Platform to Business Regulation, and that they adopt measures aimed at preventing the reappearance of dangerous product, which had been already removed; |
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—

ensure that online marketplaces put in place measures to act against repeat offenders who offer dangerous products, in cooperation with authorities in line with the Platform to Business Regulation, and that they adopt measures aimed at preventing the reappearance of dangerous product, which had been already removed;

| — | consider the option of requiring suppliers which are established in a third country to set up a branch in the Union or designate a legal representative established in the Union, who can be held accountable for the selling of products or services which do not comply with Union rules of safety to European consumers; |
| --- | --- |

—

consider the option of requiring suppliers which are established in a third country to set up a branch in the Union or designate a legal representative established in the Union, who can be held accountable for the selling of products or services which do not comply with Union rules of safety to European consumers;

| — | address the liability of online marketplaces for consumer damages and for failure to take adequate measures to remove illegal products after obtaining the actual knowledge of such illegal products; |
| --- | --- |

—

address the liability of online marketplaces for consumer damages and for failure to take adequate measures to remove illegal products after obtaining the actual knowledge of such illegal products;

| — | address the liability of online marketplaces when those platforms have predominant influence over suppliers and essential elements of economic transactions, such as payment means, prices, default terms conditions, or conduct aimed at facilitating the sale of goods to a consumer in the Union market, and there is no manufacturer, importer, or distributor established in the Union that can be held liable; |
| --- | --- |

—

address the liability of online marketplaces when those platforms have predominant influence over suppliers and essential elements of economic transactions, such as payment means, prices, default terms conditions, or conduct aimed at facilitating the sale of goods to a consumer in the Union market, and there is no manufacturer, importer, or distributor established in the Union that can be held liable;

| — | address the liability of online marketplaces if the online marketplace has not informed the consumer that a third party is the actual supplier of the goods or services, thus making the marketplace contractually liable vis-à-vis the consumer; liability should also be considered in case the marketplace knowingly provides misleading information; |
| --- | --- |

—

address the liability of online marketplaces if the online marketplace has not informed the consumer that a third party is the actual supplier of the goods or services, thus making the marketplace contractually liable vis-à-vis the consumer; liability should also be considered in case the marketplace knowingly provides misleading information;

| — | guarantee that online marketplaces have the right to redress towards a supplier or producer at fault; |
| --- | --- |

—

guarantee that online marketplaces have the right to redress towards a supplier or producer at fault;

| — | explore expanding the commitment made by some e-commerce retailers and the Commission to respectively remove dangerous or counterfeit products from sale more rapidly under the voluntary commitment schemes called ‘Product Safety Pledge’ and ‘Memorandum of Understanding on the sale of counterfeit goods via the internet’ and indicate which of those commitments could become mandatory. |
| --- | --- |

—

explore expanding the commitment made by some e-commerce retailers and the Commission to respectively remove dangerous or counterfeit products from sale more rapidly under the voluntary commitment schemes called ‘Product Safety Pledge’ and ‘Memorandum of Understanding on the sale of counterfeit goods via the internet’ and indicate which of those commitments could become mandatory.

VII.   
  EX ANTE REGULATION OF SYSTEMIC OPERATORS

The DSA should put forward a proposal for a new separate instrument aiming at ensuring that the systemic role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs, entrepreneurs and start-ups, thereby reducing consumer choice;

To that end, the DSA should, in particular:

| — | set up an ex ante mechanism to prevent (instead of merely remedy) market failures caused by ‘systemic operators’ in the digital world, building on the Platform to Business Regulation; such a mechanism should allow regulatory authorities to impose remedies on systemic operators in order to address market failures, without the establishment of a breach of competition rules; |
| --- | --- |

—

set up an ex ante mechanism to prevent (instead of merely remedy) market failures caused by ‘systemic operators’ in the digital world, building on the Platform to Business Regulation; such a mechanism should allow regulatory authorities to impose remedies on systemic operators in order to address market failures, without the establishment of a breach of competition rules;

| — | empower regulatory authorities to impose proportionate and well-defined remedies on those companies which have been identified as ‘systemic operators’, based on criteria set out within the DSA and a closed list of the positive and negative actions those companies are required to comply with and/ or are prohibited from engaging in; in its impact assessment, the Commission should make a thorough analysis of the different issues observed on the market so far, such as:






  — | the lack of interoperability and appropriate tools, data, expertise, and resources deployed by systemic operators to allow consumers to switch or connect and interoperate between digital platforms or internet ecosystems; |
| --- | --- | --- |

—

empower regulatory authorities to impose proportionate and well-defined remedies on those companies which have been identified as ‘systemic operators’, based on criteria set out within the DSA and a closed list of the positive and negative actions those companies are required to comply with and/ or are prohibited from engaging in; in its impact assessment, the Commission should make a thorough analysis of the different issues observed on the market so far, such as:

—

the lack of interoperability and appropriate tools, data, expertise, and resources deployed by systemic operators to allow consumers to switch or connect and interoperate between digital platforms or internet ecosystems;

| — | the systematic preferential display, which allows systemic operators to provide their own downstream services with better visibility; |
| --- | --- |

—

the systematic preferential display, which allows systemic operators to provide their own downstream services with better visibility;

| — | data envelopment used to expand market power from one market into adjacent markets, incurring in self-preferencing of their own products and services and engaging in practices aimed at locking-in consumers; |
| --- | --- |

—

data envelopment used to expand market power from one market into adjacent markets, incurring in self-preferencing of their own products and services and engaging in practices aimed at locking-in consumers;

| — | the widespread practice of banning third-party business users from steering consumers to their own website through the imposition of contractual clauses; |
| --- | --- |

—

the widespread practice of banning third-party business users from steering consumers to their own website through the imposition of contractual clauses;

| — | the lack of transparency of recommendation systems used by systemic operators, including of the rules and criteria for the functioning of such systems; |
| --- | --- |

—

the lack of transparency of recommendation systems used by systemic operators, including of the rules and criteria for the functioning of such systems;

| — | ensure that systemic operators are given the possibility to demonstrate that the behaviour in question is justified; |
| --- | --- |

—

ensure that systemic operators are given the possibility to demonstrate that the behaviour in question is justified;

| — | clarify that some regulatory remedies should be imposed on all ‘systemic operators’, such as transparency obligations in the way they conduct business, in particular how they collect and use data, and a prohibition for ‘systemic operators’ to engage in any practices aimed at making it more difficult for consumers to switch or use services across different suppliers, or other forms of unjustified discrimination that exclude or disadvantage other businesses; |
| --- | --- |

—

clarify that some regulatory remedies should be imposed on all ‘systemic operators’, such as transparency obligations in the way they conduct business, in particular how they collect and use data, and a prohibition for ‘systemic operators’ to engage in any practices aimed at making it more difficult for consumers to switch or use services across different suppliers, or other forms of unjustified discrimination that exclude or disadvantage other businesses;

| — | empower regulatory authorities to adopt interim measures and to impose penalties on ‘systemic operators’ that fail to respect the different regulatory obligations imposed on them; |
| --- | --- |

—

empower regulatory authorities to adopt interim measures and to impose penalties on ‘systemic operators’ that fail to respect the different regulatory obligations imposed on them;

| — | reserve the power to ultimately decide if an information society service provider is a ‘systemic operators’ to the Commission, based on the conditions set out in the ex ante mechanism; |
| --- | --- |

—

reserve the power to ultimately decide if an information society service provider is a ‘systemic operators’ to the Commission, based on the conditions set out in the ex ante mechanism;

| — | empower users of ‘systemic operators’ to be informed, to deactivate and be able to effectively control and decide what kind of content they want to see; users should also be properly informed of all the reasons why specific content is suggested to them; |
| --- | --- |

—

empower users of ‘systemic operators’ to be informed, to deactivate and be able to effectively control and decide what kind of content they want to see; users should also be properly informed of all the reasons why specific content is suggested to them;

| — | ensure that the rights, obligations and principles of the GDPR — including data minimisation, purpose limitation, data protection by design and by default, legal grounds for processing — are observed; |
| --- | --- |

—

ensure that the rights, obligations and principles of the GDPR — including data minimisation, purpose limitation, data protection by design and by default, legal grounds for processing — are observed;

| — | ensure appropriate levels of interoperability requiring ‘systemic operators’ to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic operator with no realistic possibility or incentives for switching between digital platforms or internet ecosystems as part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a technical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic operators and exchange information with it; systemic operators may not make commercial use of any of the data that is received from third parties during interoperability activities for purposes other than enabling those activities; interoperability obligations should not limit, hinder or delay the ability of intermediaries to patch vulnerabilities; |
| --- | --- |

—

ensure appropriate levels of interoperability requiring ‘systemic operators’ to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic operator with no realistic possibility or incentives for switching between digital platforms or internet ecosystems as part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a technical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic operators and exchange information with it; systemic operators may not make commercial use of any of the data that is received from third parties during interoperability activities for purposes other than enabling those activities; interoperability obligations should not limit, hinder or delay the ability of intermediaries to patch vulnerabilities;

| — | ensure that the new ex ante mechanism is without prejudice to the application of competition rules, including on self-preferencing and overall vertical integration, and ensure that both policy tools are completely independent. |
| --- | --- |

—

ensure that the new ex ante mechanism is without prejudice to the application of competition rules, including on self-preferencing and overall vertical integration, and ensure that both policy tools are completely independent.

VIII.   SUPERVISION, COOPERATION AND ENFORCEMENT

The DSA should improve supervision and enforcement of the existing rules and strengthen the internal market clause as the cornerstone of the Digital Single Market, by complementing it with a new cooperation mechanism aimed at improving the exchange of information, the cooperation and mutual trust and, upon request, mutual assistance between Member States, in particular between the authorities in the home country where the service provider is established and the authorities in the host country where the provider is offering its services.

The Commission should conduct a thorough impact assessment to assess the most appropriate supervision and enforcement model for the application of the provisions regarding the DSA, while respecting the principles of subsidiarity and proportionality.

In its impact assessment, the Commission should look into existing models, such as the Consumer Protection Cooperation (CPC) Network, the European Regulators Group for Audiovisual Media Services (ERGA), the European Data Protection Board (EDBP) and the European Competition Network (ECN), and consider the adoption of a hybrid system of supervision.

That hybrid system of supervision, based on EU coordination in cooperation with a network of national authorities, should improve the monitoring and application of the DSA, enforce compliance, including enforcing regulatory fines, other sanctions or measures, and should be able to carry out auditing of intermediaries and platforms. It should also settle, where needed, cross-border disputes between the national authorities, address complex cross-border issues, provide advice and guidance and approve Union-wide codes and decisions, and, together with the national authorities, it should be able to launch initiatives and investigations into cross-border issues. The ultimate oversight of the Member States’ obligations should remain with the Commission.

The Commission should report to the European Parliament and the Council, and, together with the national authorities, maintain a public ‘Platform Scoreboard’ with relevant information on the compliance with the DSA. The Commission should facilitate and support the creation and maintenance of a European research repository tool to facilitate the sharing of data with public institutions, researchers, NGOs and universities for research purposes.

The DSA should also introduce new enforcement elements into Article 16 of the E-Commerce Directive as regards self-regulation.

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(1)  Rules provided for in Directive (EU) 2019/770 and Directive (EU) 2019/771.

(2)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).

(3)  Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

(4)  Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions (OJ L 173, 9.7.2018, p. 25).

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| 6.10.2021 | EN | Official Journal of the European Union | C 404/31 |
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6.10.2021

EN

Official Journal of the European Union

C 404/31

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P9_TA(2020)0273

Digital Services Act: adapting commercial and civil law rules for commercial entities operating online

European Parliament resolution of 20 October 2020 with recommendations to the Commission on a Digital Services Act: adapting commercial and civil law rules for commercial entities operating online (2020/2019(INL))

(2021/C 404/02)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
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—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights, |
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—

having regard to Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights,

| — | having regard to Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (1), |
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—

having regard to Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (1),

| — | having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (2), |
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—

having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (2),

| — | having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (3) (hereinafter referred to as the ‘General Data Protection Regulation’), |
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—

having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (3) (hereinafter referred to as the ‘General Data Protection Regulation’),

| — | having regard to the Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (4), |
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—

having regard to the Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (4),

| — | having regard to Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (5), |
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—

having regard to Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (5),

| — | having regard to the proposal for a Regulation of the European Parliament and of the Council of 6 June 2018 establishing the Digital Europe Programme for the period 2021-2027 (COM(2018)0434), |
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—

having regard to the proposal for a Regulation of the European Parliament and of the Council of 6 June 2018 establishing the Digital Europe Programme for the period 2021-2027 (COM(2018)0434),

| — | having regard to the Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (6), |
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—

having regard to the Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (6),

| — | having regard to the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (7) and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed on 10 June 1958 in New York, |
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—

having regard to the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (7) and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed on 10 June 1958 in New York,

| — | having regard to its resolution of 3 October 2018 on distributed ledger technologies and blockchains: building trust with disintermediation (8), |
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—

having regard to its resolution of 3 October 2018 on distributed ledger technologies and blockchains: building trust with disintermediation (8),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 on A European strategy for data (COM(2020)0066), |
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—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 on A European strategy for data (COM(2020)0066),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 on Shaping Europe’s digital future (COM(2020)0067), |
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—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 on Shaping Europe’s digital future (COM(2020)0067),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 25 May 2016 on Online Platforms and the Digital Single Market — Opportunities and Challenges for Europe (COM(2016)0288), |
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—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 25 May 2016 on Online Platforms and the Digital Single Market — Opportunities and Challenges for Europe (COM(2016)0288),

| — | having regard to the European added value assessment study carried out by the European Parliamentary Research Service, entitled ‘Digital Services Act: European added value assessment’ (9), |
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—

having regard to the European added value assessment study carried out by the European Parliamentary Research Service, entitled ‘Digital Services Act: European added value assessment’ (9),

| — | having regard to Rules 47 and 54 of its Rules of Procedure, |
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—

having regard to Rules 47 and 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on the Internal Market and Consumer Protection and of the Committee on Culture and Education, |
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—

having regard to the opinions of the Committee on the Internal Market and Consumer Protection and of the Committee on Culture and Education,

| — | having regard to the report of the Committee on Legal Affairs (A9-0177/2020), |
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—

having regard to the report of the Committee on Legal Affairs (A9-0177/2020),

| A. | whereas digital services, being a cornerstone of the Union’s economy and the livelihood of a large number of its citizens, need to be regulated in a way that guarantees fundamental rights and other rights of citizens while supporting development and economic progress, the digital environment and fostering trust online, taking into account the interests of users and all market participants, including SMEs and start-ups; |
| --- | --- |

A.

whereas digital services, being a cornerstone of the Union’s economy and the livelihood of a large number of its citizens, need to be regulated in a way that guarantees fundamental rights and other rights of citizens while supporting development and economic progress, the digital environment and fostering trust online, taking into account the interests of users and all market participants, including SMEs and start-ups;

| B. | whereas some rules regarding online content-sharing providers and audiovisual media services have recently been updated, notably by Directive (EU) 2018/1808 and Directive (EU) 2019/790, a number of key civil and commercial law aspects have not been addressed satisfactorily in Union or national law, and whereas the importance of this issue has been accentuated by rapid and accelerating development over the last decades in the field of digital services, in particular the emergence of new business models, technologies and social realities; whereas in this context, a comprehensive updating of the essential provisions of civil and commercial law applicable to online commercial entities is required; |
| --- | --- |

B.

whereas some rules regarding online content-sharing providers and audiovisual media services have recently been updated, notably by Directive (EU) 2018/1808 and Directive (EU) 2019/790, a number of key civil and commercial law aspects have not been addressed satisfactorily in Union or national law, and whereas the importance of this issue has been accentuated by rapid and accelerating development over the last decades in the field of digital services, in particular the emergence of new business models, technologies and social realities; whereas in this context, a comprehensive updating of the essential provisions of civil and commercial law applicable to online commercial entities is required;

| C. | whereas some businesses offering digital services enjoy, due to strong data-driven network effects, significant market power that enables them to impose their business practices on users and makes it increasingly difficult for other players, especially start-ups and SMEs, to compete and for new businesses to even enter the market; |
| --- | --- |

C.

whereas some businesses offering digital services enjoy, due to strong data-driven network effects, significant market power that enables them to impose their business practices on users and makes it increasingly difficult for other players, especially start-ups and SMEs, to compete and for new businesses to even enter the market;

| D. | whereas ex-post competition law enforcement alone cannot effectively address the impact of the market power of certain online platforms, including on fair competition in the Digital Single Market; |
| --- | --- |

D.

whereas ex-post competition law enforcement alone cannot effectively address the impact of the market power of certain online platforms, including on fair competition in the Digital Single Market;

| E. | whereas content hosting platforms evolved from involving the mere display of content into sophisticated organisms and market players, in particular social networks that harvest and exploit usage data; whereas users have legitimate grounds to expect fair terms with respect to access, transparency, pricing and conflict resolution for the usage of such platforms and for the use that platforms make of the users’ data; whereas transparency can contribute to significantly increasing trust in digital services; |
| --- | --- |

E.

whereas content hosting platforms evolved from involving the mere display of content into sophisticated organisms and market players, in particular social networks that harvest and exploit usage data; whereas users have legitimate grounds to expect fair terms with respect to access, transparency, pricing and conflict resolution for the usage of such platforms and for the use that platforms make of the users’ data; whereas transparency can contribute to significantly increasing trust in digital services;

| F. | whereas content hosting platforms may determine what content is shown to their users, thereby profoundly influencing the way we obtain and communicate information, to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that protects public interests, respects fundamental rights and the civil law rights of the users in particular the right to freedom of expression and information; |
| --- | --- |

F.

whereas content hosting platforms may determine what content is shown to their users, thereby profoundly influencing the way we obtain and communicate information, to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that protects public interests, respects fundamental rights and the civil law rights of the users in particular the right to freedom of expression and information;

| G. | whereas upholding the law in the digital world does not only involves effective enforcement of fundamental rights, in particular freedom of expression and information, privacy, safety and security, non-discrimination, respect for property and intellectual property rights, but also access to justice and due process; whereas delegating decisions regarding the legality of content or of law enforcement powers to private companies undermines transparency and due process, leading to a fragmented approach; whereas a fast-track legal procedure with adequate guarantees is therefore required to ensure that effective remedies exist; |
| --- | --- |

G.

whereas upholding the law in the digital world does not only involves effective enforcement of fundamental rights, in particular freedom of expression and information, privacy, safety and security, non-discrimination, respect for property and intellectual property rights, but also access to justice and due process; whereas delegating decisions regarding the legality of content or of law enforcement powers to private companies undermines transparency and due process, leading to a fragmented approach; whereas a fast-track legal procedure with adequate guarantees is therefore required to ensure that effective remedies exist;

| H. | whereas automated tools are currently unable to reliably differentiate illegal content from content that is legal in a given context and that therefore mechanisms, for the automatic detection and removal of content can raise legitimate legal concerns, in particular as regards possible restrictions of freedom of expression and information, protected under Article 11 of the Charter of Fundamental Rights of the European Union; whereas the use of automated mechanisms should, therefore, be proportionate, covering only justified cases, and following transparent procedures; |
| --- | --- |

H.

whereas automated tools are currently unable to reliably differentiate illegal content from content that is legal in a given context and that therefore mechanisms, for the automatic detection and removal of content can raise legitimate legal concerns, in particular as regards possible restrictions of freedom of expression and information, protected under Article 11 of the Charter of Fundamental Rights of the European Union; whereas the use of automated mechanisms should, therefore, be proportionate, covering only justified cases, and following transparent procedures;

| I. | whereas Article 11 of the Charter of Fundamental Rights of the European Union also protects the freedom and pluralism of the media, which are increasingly dependent on online platforms to reach their audiences; |
| --- | --- |

I.

whereas Article 11 of the Charter of Fundamental Rights of the European Union also protects the freedom and pluralism of the media, which are increasingly dependent on online platforms to reach their audiences;

| J. | whereas digital services are used by the majority of Europeans on a daily basis, but are subject to an increasingly wide set of rules across the Union leading to significant fragmentation on the market and consequently legal uncertainty for European users and services operating across borders; whereas the civil law regimes governing content hosting platforms’ practices in content moderation are based on certain sector-specific provisions at Union and national level with notable differences in the obligations imposed and in the enforcement mechanisms of the various civil law regimes deployed; whereas this situation has led to a fragmented set of rules for the Digital Single Market, which requires a response at Union level; |
| --- | --- |

J.

whereas digital services are used by the majority of Europeans on a daily basis, but are subject to an increasingly wide set of rules across the Union leading to significant fragmentation on the market and consequently legal uncertainty for European users and services operating across borders; whereas the civil law regimes governing content hosting platforms’ practices in content moderation are based on certain sector-specific provisions at Union and national level with notable differences in the obligations imposed and in the enforcement mechanisms of the various civil law regimes deployed; whereas this situation has led to a fragmented set of rules for the Digital Single Market, which requires a response at Union level;

| K. | whereas the current business model of certain content hosting platforms is to promote content that is likely to attract the attention of users and therefore generate more profiling data in order to offer more effective targeted advertisements and thereby increase profit; whereas this profiling coupled with targeted advertisement can lead to the amplification of content geared towards exploiting emotions, often encouraging and facilitating sensationalism in news feed and recommendation systems, resulting in the possible manipulation of users; |
| --- | --- |

K.

whereas the current business model of certain content hosting platforms is to promote content that is likely to attract the attention of users and therefore generate more profiling data in order to offer more effective targeted advertisements and thereby increase profit; whereas this profiling coupled with targeted advertisement can lead to the amplification of content geared towards exploiting emotions, often encouraging and facilitating sensationalism in news feed and recommendation systems, resulting in the possible manipulation of users;

| L. | whereas offering users contextual advertisements requires less user data than targeted behavioural advertising and is thus less intrusive; |
| --- | --- |

L.

whereas offering users contextual advertisements requires less user data than targeted behavioural advertising and is thus less intrusive;

| M. | whereas the choice of algorithmic logic behind recommendation systems, comparison services, content curation or advertisement placements remains at the discretion of the content hosting platforms with little possibility for public oversight, which raises accountability and transparency concerns; |
| --- | --- |

M.

whereas the choice of algorithmic logic behind recommendation systems, comparison services, content curation or advertisement placements remains at the discretion of the content hosting platforms with little possibility for public oversight, which raises accountability and transparency concerns;

| N. | whereas content hosting platforms with significant market power make it possible for their users to use their profiles to log into third-party websites, thereby allowing them to track their activities even outside their own platform environment, which constitutes a competitive advantage in access to data for content curation algorithms; |
| --- | --- |

N.

whereas content hosting platforms with significant market power make it possible for their users to use their profiles to log into third-party websites, thereby allowing them to track their activities even outside their own platform environment, which constitutes a competitive advantage in access to data for content curation algorithms;

| O. | whereas so-called smart contracts, which are based on distributed ledger technologies, including blockchains, that enable decentralised and fully traceable record-keeping and self-execution to occur, are being used in a number of areas without a proper legal framework; whereas there is uncertainty concerning the legality of such contracts and their enforceability in cross-border situations; |
| --- | --- |

O.

whereas so-called smart contracts, which are based on distributed ledger technologies, including blockchains, that enable decentralised and fully traceable record-keeping and self-execution to occur, are being used in a number of areas without a proper legal framework; whereas there is uncertainty concerning the legality of such contracts and their enforceability in cross-border situations;

| P. | whereas the non-negotiable terms and conditions of platforms often indicate both applicable law and competent courts outside the Union, which may impede access to justice; whereas Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (10) lays down rules on jurisdiction; whereas the General Data Protection Regulation, clarifies the data subject’s right to private enforcement action directly against the controller or processor, regardless of whether the processing takes place in the Union or not and regardless whether the controller is established in the Union or not; whereas Article 79 of the General Data Protection Regulation stipulates that proceedings shall be brought before the courts of the Member State where the controller or processor has an establishment or, alternatively where the data subject has his or her habitual residence; |
| --- | --- |

P.

whereas the non-negotiable terms and conditions of platforms often indicate both applicable law and competent courts outside the Union, which may impede access to justice; whereas Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (10) lays down rules on jurisdiction; whereas the General Data Protection Regulation, clarifies the data subject’s right to private enforcement action directly against the controller or processor, regardless of whether the processing takes place in the Union or not and regardless whether the controller is established in the Union or not; whereas Article 79 of the General Data Protection Regulation stipulates that proceedings shall be brought before the courts of the Member State where the controller or processor has an establishment or, alternatively where the data subject has his or her habitual residence;

| Q. | whereas access to and mining of non-personal data is an important factor in the growth of the digital economy; whereas appropriate legal standards and data protection safeguards regarding the interoperability of data can, by removing lock-in effects, play an important part in ensuring fair market conditions; |
| --- | --- |

Q.

whereas access to and mining of non-personal data is an important factor in the growth of the digital economy; whereas appropriate legal standards and data protection safeguards regarding the interoperability of data can, by removing lock-in effects, play an important part in ensuring fair market conditions;

| R. | whereas it is important to assess the possibility of tasking a European entity with the responsibility of ensuring a harmonised approach to the implementation of the Digital Services Act across the Union, facilitating coordination at national level as well as addressing the new opportunities and challenges, in particular those of a cross-border nature, arising from ongoing technological developments; |
| --- | --- |

R.

whereas it is important to assess the possibility of tasking a European entity with the responsibility of ensuring a harmonised approach to the implementation of the Digital Services Act across the Union, facilitating coordination at national level as well as addressing the new opportunities and challenges, in particular those of a cross-border nature, arising from ongoing technological developments;

Digital Services Act

| 1. | Requests that the Commission submit without undue delay a set of legislative proposals constituting a Digital Services Act with an adequate material, personal and territorial scope, defining key concepts and including the recommendations as set out in the Annex to this resolution; is of the view that, without prejudice to detailed aspects of the future legislative proposals, Article 114 of the Treaty on the Functioning of the European Union should be the legal basis; |
| --- | --- |

1.

| 2. | Proposes that the Digital Services Act include a regulation that establishes contractual rights as regards content management, lays down transparent, fair, binding and uniform standards and procedures for content moderation, and guarantees accessible and independent recourse to judicial redress; stresses that legislative proposals should be evidence-based and seek to remove current and prevent potentially new unjustified barriers in the supply of digital services by online platforms while enhancing the protection of consumers and citizens; believes that the legislative proposals should aim at achieving sustainable and smart growth, address technological challenges, and ensure that the Digital Single Market is fair and safe for everyone; |
| --- | --- |

2.

| 3. | Further suggests that the measures proposed for content moderation only apply to illegal content rather than content that is merely harmful; suggests, to this end, that the regulation include universal criteria to determine the market power of platforms in order to provide a clear definition of what constitutes a platform with significant market power and thereby determine whether certain content hosting platforms that do not hold significant market power can be exempted from certain provisions; underlines that the framework established by the Digital Services Act should be manageable for small businesses, SMEs and start-ups and should therefore include proportionate obligations for all sectors; |
| --- | --- |

3.

| 4. | Proposes that the Digital Services Act impose an obligation on digital service providers who are established outside the Union to designate a legal representative for the interest of users within the Union, to whom requests could be addressed in order, for example, to allow for consumer redress in the case of false or misleading advertisements, and to make the contact information of that representative visible and accessible on the website of the digital service provider; |
| --- | --- |

4.

Rights as regards content moderation

| 5. | Stresses that the responsibility for enforcing the law must rest with public authorities; considers that the final decision on the legality of user-generated content must be made by an independent judiciary and not a private commercial entity; |
| --- | --- |

5.

| 6. | Insists that the regulation must prohibit content moderation practices that are discriminatory or entail exploitation and exclusion, especially towards the most vulnerable, and must always respect the fundamental rights and freedoms of users, in particular their freedom of expression; |
| --- | --- |

6.

| 7. | Stresses the necessity to better protect consumers by providing reliable and transparent information on examples of malpractice, such as the making of misleading claims and scams; |
| --- | --- |

7.

| 8. | Recommends that the application of the regulation should be closely monitored by a European entity tasked with ensuring compliance by content hosting platforms with the provisions of the regulation, in particular by monitoring compliance with the standards laid down for content management on the basis of transparency reports and monitoring algorithms employed by content hosting platforms for the purpose of content management; calls on the Commission to assess the options of appointing an existing or new European Agency or European body or of coordinating itself a network of national authorities to carry out these tasks (hereinafter referred to as ‘the European entity’); |
| --- | --- |

8.

| 9. | Suggests that content hosting platforms regularly submit comprehensive transparency reports based on a consistent methodology and assessed on the basis of relevant performance indicators, including on their content policies and the compliance of their terms and conditions with the provisions of the Digital Services Act, to the European entity; further suggests that content hosting platforms publish and make available in an easy and accessible manner those reports as well as their content management policies on a publicly accessible database; |
| --- | --- |

9.

| 10. | Calls for content hosting platforms with significant market power to evaluate the risk that their content management policies of legal content pose to society, in particular with regard to their impact on fundamental rights, and to engage in a biannual dialogue with the European entity and the relevant national authorities on the basis of a presentation of transparency reports; |
| --- | --- |

10.

| 11. | Recommends that the Member States provide for independent dispute settlement bodies, tasked with settling disputes regarding content moderation; takes the view that in order to protect anonymous publications and the general interest, not only the user who uploaded the content that is the subject of a dispute but also a third party, such as an ombudsperson, with a legitimate interest in acting should be able to challenge content moderation decisions; affirms the right of users to further recourse to justice; |
| --- | --- |

11.

| 12. | Takes the firm position that the Digital Services Act must not oblige content hosting platforms to employ any form of fully automated ex-ante controls of content unless otherwise specified in existing Union law, and considers that mechanisms voluntarily employed by platforms must not lead to ex-ante control measures based on automated tools or upload-filtering of content and must be subject to audits by the European entity to ensure that there is compliance with the Digital Services Act; |
| --- | --- |

12.

| 13. | Stresses that content hosting platforms must be transparent in the processing of algorithms and of the data used to train them; |
| --- | --- |

13.

Rights as regards content curation, data and online advertisements

| 14. | Considers that the user-targeted amplification of content based on the views or positions presented in such content is one of the most detrimental practices in the digital society, especially in cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements; is concerned that such practices rely on pervasive tracking and data mining; calls on the Commission to analyse the impact of such practices and take appropriate legislative measures; |
| --- | --- |

14.

| 15. | Is of the view that the use of targeted advertising must be regulated more strictly in favour of less intrusive forms of advertising that do not require any tracking of user interaction with content and that being shown behavioural advertising should be conditional on users’ freely given, specific, informed and unambiguous consent; |
| --- | --- |

15.

| 16. | Notes the existing provisions addressing targeted advertising in the General Data Protection Regulation and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (11); |
| --- | --- |

16.

| 17. | Recommends, therefore, that the Digital Services Act set clear boundaries and introduce transparency rules as regards the terms for accumulation of data for the purpose of offering targeted advertisements as well as regards the functioning and accountability of such targeted advertisement, especially when data are tracked on third-party websites; maintains that new measures establishing a framework for Platform-to-Consumers relations are needed as regards transparency provisions on advertising, digital nudging and preferential treatment; invites the Commission to assess options for regulating targeted advertising, including a phase-out leading to a prohibition; |
| --- | --- |

17.

| 18. | Stresses that in line with the principle of data minimisation and in order to prevent unauthorised disclosure, identity theft and other forms of abuse of personal data, the Digital Services Act should provide for the right to use digital services anonymously wherever technically possible; calls on the Commission to require content hosting platforms to verify the identity of those advertisers with which they have a commercial relationship to ensure accountability of advertisers in the event content promoted is found to be illegal; recommends therefore that the Digital Services Act include legal provisions preventing platforms from commercially exploiting third-party data in situations of competition with those third parties; |
| --- | --- |

18.

| 19. | Regrets the existing information asymmetry between content hosting platforms and public authorities and calls for a streamlined exchange of necessary information; stresses that in line with the case law on communications metadata, public authorities must be given access to a user’s metadata only to investigate suspects of serious crime and with prior judicial authorisation; |
| --- | --- |

19.

| 20. | Recommends that providers which support a single sign-on service with significant market power should be required to also support at least one open and decentralised identity system based on a non-proprietary framework; asks the Commission to propose common Union standards for national systems provided by Member States, especially as regards data protection standards and cross-border interoperability; |
| --- | --- |

20.

| 21. | Calls on the Commission to assess the possibility of defining fair contractual conditions to facilitate data sharing and increase transparency with the aim of addressing imbalances in market power; suggests, to this end, exploring options to facilitate the interoperability, interconnectivity and portability of data; points out that data sharing should be accompanied by adequate and appropriate safeguards including effective anonymization of personal data; |
| --- | --- |

21.

| 22. | Recommends that the Digital Services Act require platforms with significant market power to provide an application programming interface, through which third-party platforms and their users can interoperate with the main functionalities and users of the platform providing the application programming interface, including third-party services designed to enhance and customise the user experience, especially through services that customise privacy settings as well as content curation preferences; suggests that platforms publicly document all application programming interfaces they make available for the purpose of allowing for the interoperability and interconnectivity of services; |
| --- | --- |

22.

| 23. | Is strongly of the view, on the other hand, that platforms with significant market power providing an application programming interface must not share, retain, monetise or use any of the data they receive from third-party services; |
| --- | --- |

23.

| 24. | Stresses that interoperability and interconnectivity obligations must not limit, hinder or delay the ability of content hosting platforms to fix security issues, nor should the need to fix security issues lead to an undue suspension of the application programming interface providing interoperability and interconnectivity; |
| --- | --- |

24.

| 25. | Recalls that the provisions on interoperability and interconnectivity must respect all relevant data protection laws; recommends, in this respect, that platforms be required by the Digital Services Act to ensure the technical feasibility of the data portability provisions laid down in Article 20(2) of the General Data Protection Regulation; |
| --- | --- |

25.

| 26. | Calls for content hosting platforms to give users a real choice as to whether or not to give prior consent to being shown targeted advertising based on the user’s prior interaction with content on the same content hosting platform or on third-party websites; underlines that this choice must be presented in a clear and understandable way and its refusal must not lead to access to the functionalities of the platform being disabled; stresses that consent in targeted advertising must not be considered as freely given and valid if access to the service is made conditional on data processing; reconfirms that the Directive 2002/58/EC makes targeted advertising subject to an opt-in decision and that it is otherwise prohibited; notes that since the online activities of an individual allow for deep insights into their behaviour and make it possible to manipulate them, the general and indiscriminate collection of personal data concerning every use of a digital service interferes disproportionately with the right to privacy; confirms that users have a right not to be subject to pervasive tracking when using digital services; |
| --- | --- |

26.

| 27. | Asks the Commission to ensure that, in the same spirit, consumers can still use a connected device for all its functions, even if consumers withdraw or do not give their consent to share non-operational data with the device manufacturer or third parties; reiterates the need for transparency in contract terms and conditions regarding the possibility and scope of data sharing with third parties; |
| --- | --- |

27.

| 28. | Further calls for users to be guaranteed an appropriate degree of transparency and influence over the criteria according to which content is curated and made visible for them; affirms that this should also include the option to opt out from any content curation other than chronological order; points out that application programming interfaces provided by platforms should allow users to have content curated by software or services of their choice; |
| --- | --- |

28.

| 29. | Underlines the importance for the Digital Services Act to prove legally sound and effective protection of children in the online environment, whilst refraining from imposing general monitoring or filtering obligations and ensuring full coordination and avoiding duplication with the General Data Protection Regulation and with the Audiovisual Media Services Directive. |
| --- | --- |

29.

| 30. | Recalls that paid advertisements or paid placement of sponsored content should be identified in a clear, concise and intelligent manner; suggests that platforms should disclose the origin of paid advertisements and sponsored content; suggests, to this end, that content hosting platforms publish all sponsored content and advertisements and make them clearly visible to their users in an advertising archive that is publicly accessible, indicating who has paid for them, and, if applicable, on behalf of whom; stresses that this includes both direct and indirect payments or any other remuneration received by service providers; |
| --- | --- |

30.

| 31. | Believes that, if relevant data show a significant gap in misleading advertising practices and enforcement between platforms based in the Union-based and platforms based in third countries, it is reasonable to consider further options to ensure compliance with the laws in force within the Union; stresses the need for a level playing field between advertisers from the Union and advertisers from third countries; |
| --- | --- |

31.

Provisions regarding terms and conditions, smart contracts and blockchains, and private international law

| 32. | Notes the rise of so-called smart contracts such as those based on distributed ledger technologies without a clear legal framework; |
| --- | --- |

32.

| 33. | Calls on the Commission to assess the development and use of distributed ledger technologies, including blockchain and, in particular, of smart contracts, provide guidance to ensure legal certainty for business and consumers, in particular regarding questions of legality, enforcement of smart contracts in cross border situations, and notarisation requirements where applicable, and make proposals for the appropriate legal framework; |
| --- | --- |

33.

| 34. | Underlines that the fairness and compliance with fundamental rights standards of terms and conditions imposed by intermediaries on the users of their services must be subject to judicial review; stresses, that terms and conditions unduly restricting users’ fundamental rights, such as the right to privacy and to freedom of expression, should not be binding; |
| --- | --- |

34.

| 35. | Requests that the Commission examine modalities to ensure appropriate balance and equality between the parties to smart contracts by taking into account the private concerns of the weaker party or public concerns such as those related to cartel agreements; emphasises the need to ensure that the rights of creditors in insolvency and restructuring procedures are respected; strongly recommends that smart contracts include mechanisms that can halt and reverse their execution and related payments; |
| --- | --- |

35.

| 36. | Requests the Commission to, in particular, update its existing guidance document on Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (12) in order to clarify whether it considers smart contracts to fall within the exemption in point (l) of Article 3(3) of that Directive, and, if so, under which circumstances, and to clarify the issue of the right of withdrawal; |
| --- | --- |

36.

| 37. | Stresses the need for blockchain technologies, and smart contracts in particular, to be utilised in accordance with antitrust rules and requirements, including those prohibiting cartel agreements or concerted practices; |
| --- | --- |

37.

| 38. | Considers that standard terms and conditions should not prevent effective access to justice in Union courts or disenfranchise Union citizens or businesses; calls on the Commission to assess whether the protection of access rights to data under private international law is uncertain and leads to disadvantages for Union citizens and businesses; |
| --- | --- |

38.

| 39. | Emphasises the importance of ensuring that the use of digital services in the Union is fully governed by Union law under the jurisdiction of Union courts; |
| --- | --- |

39.

| 40. | Concludes further that legislative solutions to these issues ought to be found at Union level if action at the international level does not seem feasible, or if there is a risk of such action taking too long to come to fruition; |
| --- | --- |

40.

| 41. | Stresses that service providers established in the Union must not be required to remove or disable access to information that is legal in their country of origin; |
| --- | --- |

41.

o

o o

| 42. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council. |
| --- | --- |

42.

---

(1)  OJ L 186, 11.7.2019, p. 57.

(2)  OJ L 130, 17.5.2019, p. 92.

(3)  OJ L 119, 4.5.2016, p. 1.

(4)  OJ L 95, 15.4.2010, p. 1.

(5)  OJ L 136, 24.5.2008, p. 3.

(6)  OJ L 63, 6.3.2018, p. 50.

(7)  OJ L 339, 21.12.2007, p. 3.

(8)  OJ C 11, 13.1.2020, p. 7.

(9)  https://www.europarl.europa.eu/RegData/etudes/STUD/2020/654180/EPRS_STU(2020)654180_EN.pdf

(10)  OJ L 351, 20.12.2012, p. 1

(11)  OJ L 201, 31.7.2002, p. 37.

(12)  OJ L 304, 22.11.2011, p. 64.

---

ANNEX TO THE RESOLUTION:

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

A.   PRINCIPLES AND AIMS OF THE PROPOSAL REQUESTED

THE KEY PRINCIPLES AND AIMS OF THE PROPOSAL:

| — | The proposal sets out both acts that should be included in the Digital Services Act and acts that are ancillary to the Digital Services Act. |
| --- | --- |

—

The proposal sets out both acts that should be included in the Digital Services Act and acts that are ancillary to the Digital Services Act.

| — | The proposal aims to strengthen civil and commercial law rules applicable to commercial entities operating online with respect to digital services. |
| --- | --- |

—

The proposal aims to strengthen civil and commercial law rules applicable to commercial entities operating online with respect to digital services.

| — | The proposal aims to strengthen and bring clarity on the contractual rights of users in relation to content moderation and curation. |
| --- | --- |

—

The proposal aims to strengthen and bring clarity on the contractual rights of users in relation to content moderation and curation.

| — | The proposal aims to further address inadmissible and unfair terms and conditions used for the purpose of digital services. |
| --- | --- |

—

The proposal aims to further address inadmissible and unfair terms and conditions used for the purpose of digital services.

| — | The proposal addresses the issue of aspects of data collection being in contravention of fair contractual rights of users as well as data protection and online confidentiality rules. |
| --- | --- |

—

The proposal addresses the issue of aspects of data collection being in contravention of fair contractual rights of users as well as data protection and online confidentiality rules.

| — | The proposal addresses the importance of fair implementation of the rights of users as regards interoperability and portability. |
| --- | --- |

—

The proposal addresses the importance of fair implementation of the rights of users as regards interoperability and portability.

| — | The proposal raises the importance of private international law rules that provide legal clarity on the non-negotiable terms and conditions used by online platforms, as well as of ensuring the right to access data and guaranteeing access to justice. |
| --- | --- |

—

The proposal raises the importance of private international law rules that provide legal clarity on the non-negotiable terms and conditions used by online platforms, as well as of ensuring the right to access data and guaranteeing access to justice.

| — | The proposal does not address aspects related to the regulation of online marketplaces, which should nevertheless be considered by the Digital Services Act Package to be proposed by the Commission. |
| --- | --- |

—

The proposal does not address aspects related to the regulation of online marketplaces, which should nevertheless be considered by the Digital Services Act Package to be proposed by the Commission.

| — | The proposal raises the need for assessment of the necessity of proper regulation of civil and commercial law aspects in the field of distributed ledger technologies, including blockchains and, in particular, addresses the necessity of the proper regulation of civil and commercial law aspects of smart contracts. |
| --- | --- |

—

The proposal raises the need for assessment of the necessity of proper regulation of civil and commercial law aspects in the field of distributed ledger technologies, including blockchains and, in particular, addresses the necessity of the proper regulation of civil and commercial law aspects of smart contracts.

I.   PROPOSALS TO BE INCLUDED IN THE DIGITAL SERVICES ACT

The key elements of the proposals to be included in the Digital Services Act should be:

A regulation on contractual rights as regards content management and that contains the following elements:

| — | It should apply to content management, including content moderation and curation, with regard to content accessible in the Union. |
| --- | --- |

—

It should apply to content management, including content moderation and curation, with regard to content accessible in the Union.

| — | It should provide proportionate principles for content moderation. |
| --- | --- |

—

It should provide proportionate principles for content moderation.

| — | It should provide formal and procedural standards for a notice and action mechanism, which are proportionate to the platform and the nature and impact of the harm, effective and future-proof. |
| --- | --- |

—

It should provide formal and procedural standards for a notice and action mechanism, which are proportionate to the platform and the nature and impact of the harm, effective and future-proof.

| — | It should provide for an independent dispute settlement mechanism in the Member States without limiting access to judicial redress. |
| --- | --- |

—

It should provide for an independent dispute settlement mechanism in the Member States without limiting access to judicial redress.

| — | It should indicate a set of clear indicators to define the market power of content hosting platforms, in order to determine whether certain content hosting platforms that do not hold significant market power can be exempted from certain provisions. Such indicators could include the size of its network (number of users), its financial strength, access to data, the degree of vertical integration, or the presence of lock-in effect. |
| --- | --- |

—

It should indicate a set of clear indicators to define the market power of content hosting platforms, in order to determine whether certain content hosting platforms that do not hold significant market power can be exempted from certain provisions. Such indicators could include the size of its network (number of users), its financial strength, access to data, the degree of vertical integration, or the presence of lock-in effect.

| — | It should provide rules regarding the responsibility of content hosting platforms for goods sold or advertised on them taking into account supporting activities for SMEs in order to minimize their burden when adapting to this responsibility. |
| --- | --- |

—

It should provide rules regarding the responsibility of content hosting platforms for goods sold or advertised on them taking into account supporting activities for SMEs in order to minimize their burden when adapting to this responsibility.

| — | It should make a clear distinction between illegal and harmful content when it comes to applying the appropriate policy options. In this regard, any measure in the Digital Services Act should concern only illegal content as defined in Union and national law. |
| --- | --- |

—

It should make a clear distinction between illegal and harmful content when it comes to applying the appropriate policy options. In this regard, any measure in the Digital Services Act should concern only illegal content as defined in Union and national law.

| — | It should be based upon established principles as regards determining the law applicable to compliance with administrative law, and should, in light of the increasing convergence of user rights, clearly state that all aspects within its scope are governed by those principles. |
| --- | --- |

—

It should be based upon established principles as regards determining the law applicable to compliance with administrative law, and should, in light of the increasing convergence of user rights, clearly state that all aspects within its scope are governed by those principles.

| — | It should fully respect the Charter of Fundamental Rights of the European Union and Union rules protecting users and their safety, privacy and personal data, as well as other fundamental rights. |
| --- | --- |

—

It should fully respect the Charter of Fundamental Rights of the European Union and Union rules protecting users and their safety, privacy and personal data, as well as other fundamental rights.

| — | It should provide for a dialogue between content hosting platforms with significant market power and the European entity on the risk management of content management of legal content. |
| --- | --- |

—

It should provide for a dialogue between content hosting platforms with significant market power and the European entity on the risk management of content management of legal content.

The Commission should consider options for a European entity tasked with ensuring compliance with the provisions of the proposal through the following measures:

| — | regular monitoring of the algorithms employed by content hosting platforms for the purpose of content management; |
| --- | --- |

—

regular monitoring of the algorithms employed by content hosting platforms for the purpose of content management;

| — | regular review of the compliance of content hosting platforms with the provisions of the regulation, on the basis of transparency reports provided by the content-hosting platforms and the public database of decisions on removal of content to be established by the Digital Services Act; |
| --- | --- |

—

regular review of the compliance of content hosting platforms with the provisions of the regulation, on the basis of transparency reports provided by the content-hosting platforms and the public database of decisions on removal of content to be established by the Digital Services Act;

| — | working with content hosting platforms on best practices to meet the transparency and accountability requirements for terms and conditions, as well as best practices in content moderation and implementing notice-and-action procedures; |
| --- | --- |

—

working with content hosting platforms on best practices to meet the transparency and accountability requirements for terms and conditions, as well as best practices in content moderation and implementing notice-and-action procedures;

| — | cooperating and coordinating with the national authorities of Member States as regards the implementation of the Digital Services Act; |
| --- | --- |

—

cooperating and coordinating with the national authorities of Member States as regards the implementation of the Digital Services Act;

| — | managing a dedicated fund to assist the Member States in financing the operating costs of the independent dispute settlement bodies described in the regulation, funded by fines imposed on content hosting platforms for non-compliance with the provisions of the Digital Services Act as well as a contribution by content hosting platforms with significant market power; |
| --- | --- |

—

managing a dedicated fund to assist the Member States in financing the operating costs of the independent dispute settlement bodies described in the regulation, funded by fines imposed on content hosting platforms for non-compliance with the provisions of the Digital Services Act as well as a contribution by content hosting platforms with significant market power;

| — | imposing fines for non-compliance with the Digital Services Act. The fines should contribute to the special dedicated fund intended to assist the Member States in financing the operating costs of the dispute settlement bodies described in the regulation. Instances of non-compliance should include:






  — | failure to implement the provisions of the regulation; |
| --- | --- | --- |

—

imposing fines for non-compliance with the Digital Services Act. The fines should contribute to the special dedicated fund intended to assist the Member States in financing the operating costs of the dispute settlement bodies described in the regulation. Instances of non-compliance should include:

—

failure to implement the provisions of the regulation;

| — | failure to provide transparent, accessible, fair and non-discriminatory terms and conditions; |
| --- | --- |

—

failure to provide transparent, accessible, fair and non-discriminatory terms and conditions;

| — | failure to provide the European entity with access to content management algorithms for review; |
| --- | --- |

—

failure to provide the European entity with access to content management algorithms for review;

| — | failure to submit transparency reports to the European entity; |
| --- | --- |

—

failure to submit transparency reports to the European entity;

| — | publishing biannual reports on all of its activities and reporting to Union institutions. |
| --- | --- |

—

publishing biannual reports on all of its activities and reporting to Union institutions.

Transparency reports regarding content management should be established as follows:

The Digital Services Act should contain provisions requiring content hosting platforms to regularly publish and provide transparency reports to the European entity. Such reports should be comprehensive, following a consistent methodology, and should include in particular:

| — | information on notices processed by the content hosting platform, including the following:






  — | the total number of notices received, for which types of content, and the action taken accordingly; |
| --- | --- | --- |

—

information on notices processed by the content hosting platform, including the following:

—

the total number of notices received, for which types of content, and the action taken accordingly;

| — | the number of notices received per category of submitting entity, such as private individuals, public authorities or private undertakings; |
| --- | --- |

—

the number of notices received per category of submitting entity, such as private individuals, public authorities or private undertakings;

| — | the total number of removal requests complied with and the total number of referrals of content to competent authorities; |
| --- | --- |

—

the total number of removal requests complied with and the total number of referrals of content to competent authorities;

| — | the total number of counter-notices or appeals received, as well as information on how they were resolved; |
| --- | --- |

—

the total number of counter-notices or appeals received, as well as information on how they were resolved;

| — | the average lapse of time between publication, notice, counter-notice and action; |
| --- | --- |

—

the average lapse of time between publication, notice, counter-notice and action;

| — | information on the number of staff employed for content moderation, their location, education and language skills, as well as any algorithms used to take decisions; |
| --- | --- |

—

information on the number of staff employed for content moderation, their location, education and language skills, as well as any algorithms used to take decisions;

| — | information on requests for information by public authorities, such as those responsible for law enforcement, including the numbers of fully complied with requests and requests that were not or only partially complied with; |
| --- | --- |

—

information on requests for information by public authorities, such as those responsible for law enforcement, including the numbers of fully complied with requests and requests that were not or only partially complied with;

| — | information on the enforcement of terms and conditions and information on the court decisions ordering the annulment and/or modification of terms and conditions considered illegal by a Member State. |
| --- | --- |

—

information on the enforcement of terms and conditions and information on the court decisions ordering the annulment and/or modification of terms and conditions considered illegal by a Member State.

Content hosting platforms should, in addition, publish their decisions on content removal on a publicly accessible database to increase transparency for users.

The independent dispute settlement bodies to be established by the regulation should issue reports on the number of referrals brought before them, including the number of referrals given heed to.

II.   PROPOSALS ANCILLARY TO THE DIGITAL SERVICES ACT

Measures regarding content curation, data and online advertisements in breach of fair contractual rights of users should include:

| — | Measures to minimise the data collected by content hosting platforms, based on interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements and by requiring freely given, specific, informed and unambiguous prior consent of the user. Consent to targeted advertising shall not be considered as freely given and valid if access to the service is made conditional on data processing. |
| --- | --- |

—

Measures to minimise the data collected by content hosting platforms, based on interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements and by requiring freely given, specific, informed and unambiguous prior consent of the user. Consent to targeted advertising shall not be considered as freely given and valid if access to the service is made conditional on data processing.

| — | Users of content hosting platforms shall be informed if they are subject to targeted advertising, given access to their profile built by content hosting platforms and the possibility to modify it, and given the choice to opt in or out and withdraw their consent to be subject to targeted advertisements. |
| --- | --- |

—

Users of content hosting platforms shall be informed if they are subject to targeted advertising, given access to their profile built by content hosting platforms and the possibility to modify it, and given the choice to opt in or out and withdraw their consent to be subject to targeted advertisements.

| — | Content hosting platforms should make available an archive of sponsored content and advertisements that were shown to their users, including the following:






  — | whether the sponsored content or sponsorship is currently active or inactive; |
| --- | --- | --- |

—

Content hosting platforms should make available an archive of sponsored content and advertisements that were shown to their users, including the following:

—

whether the sponsored content or sponsorship is currently active or inactive;

| — | the timespan during which the sponsored content advertisement was active; |
| --- | --- |

—

the timespan during which the sponsored content advertisement was active;

| — | the name and contact details of the sponsor or advertiser, and, if different, on behalf of whom the sponsored content or advertisement was placed; |
| --- | --- |

—

the name and contact details of the sponsor or advertiser, and, if different, on behalf of whom the sponsored content or advertisement was placed;

| — | the total number of users reached; |
| --- | --- |

—

the total number of users reached;

| — | information on the group of users targeted. |
| --- | --- |

—

information on the group of users targeted.

The path to fair implementation of the rights of users as regards interoperability interconnectivity and portability should include:

| — | an assessment of the possibility of defining fair contractual conditions to facilitate data sharing with the aim of addressing imbalances in market power, in particular through the interoperability, interconnectivity and portability of data. |
| --- | --- |

—

an assessment of the possibility of defining fair contractual conditions to facilitate data sharing with the aim of addressing imbalances in market power, in particular through the interoperability, interconnectivity and portability of data.

| — | a requirement for platforms with significant market power to provide an application programming interface, through which third-party platforms and their users can interoperate with the main functionalities and users of the platform providing the application programming interface, including third-party services designed to enhance and customise the user experience, especially through services that customise privacy settings as well as content curation preferences; |
| --- | --- |

—

a requirement for platforms with significant market power to provide an application programming interface, through which third-party platforms and their users can interoperate with the main functionalities and users of the platform providing the application programming interface, including third-party services designed to enhance and customise the user experience, especially through services that customise privacy settings as well as content curation preferences;

| — | provisions ensuring that platforms with significant market power providing an application programming interface may not share, retain, monetise or use any of the data they receive from third-party services; |
| --- | --- |

—

provisions ensuring that platforms with significant market power providing an application programming interface may not share, retain, monetise or use any of the data they receive from third-party services;

| — | provisions ensuring that the interoperability and interconnectivity obligations may not limit, hinder or delay the ability of content hosting platforms to fix security issues, nor should the need to fix security issues lead to an undue suspension of the application programming interface providing interoperability and interconnectivity; |
| --- | --- |

—

provisions ensuring that the interoperability and interconnectivity obligations may not limit, hinder or delay the ability of content hosting platforms to fix security issues, nor should the need to fix security issues lead to an undue suspension of the application programming interface providing interoperability and interconnectivity;

| — | provisions ensuring that platforms be required by the Digital Services Act to ensure the technical feasibility of the data portability provisions laid down in Article 20(2) of the General Data Protection Regulation; |
| --- | --- |

—

provisions ensuring that platforms be required by the Digital Services Act to ensure the technical feasibility of the data portability provisions laid down in Article 20(2) of the General Data Protection Regulation;

| — | provisions ensuring that content hosting platforms with significant market power publicly document all application programming interfaces they make available for the purpose of allowing for the interoperability and interconnectivity of services. |
| --- | --- |

—

provisions ensuring that content hosting platforms with significant market power publicly document all application programming interfaces they make available for the purpose of allowing for the interoperability and interconnectivity of services.

The path to the proper regulation of civil and commercial law aspects of distributed ledger technologies, including blockchains and, in particular, smart contracts should comprise:

| — | measures ensuring that the proper legislative framework is in place for the development and deployment of digital services including distributed ledger technologies, such as blockchains and smart contracts; |
| --- | --- |

—

measures ensuring that the proper legislative framework is in place for the development and deployment of digital services including distributed ledger technologies, such as blockchains and smart contracts;

| — | measures ensuring that smart contracts are fitted with mechanisms that can halt and reverse their execution, in particular given private concerns of the weaker party or public concerns such as those related to cartel agreements and in respect for the rights of creditors in insolvency and restructuring procedures; |
| --- | --- |

—

measures ensuring that smart contracts are fitted with mechanisms that can halt and reverse their execution, in particular given private concerns of the weaker party or public concerns such as those related to cartel agreements and in respect for the rights of creditors in insolvency and restructuring procedures;

| — | measures to ensure appropriate balance and equality between the parties to smart contracts, taking into account, in particular, the interest of small businesses and SMEs, for which the Commission should examine possible modalities; |
| --- | --- |

—

measures to ensure appropriate balance and equality between the parties to smart contracts, taking into account, in particular, the interest of small businesses and SMEs, for which the Commission should examine possible modalities;

| — | an update of the existing guidance document on Directive 2011/83/EU in order to clarify whether smart contracts fall within the exemption in point (i) of Article 3(3) of that Directive, as well as issues related to cross-border transactions, notarisation requirements and the right of withdrawal; |
| --- | --- |

—

an update of the existing guidance document on Directive 2011/83/EU in order to clarify whether smart contracts fall within the exemption in point (i) of Article 3(3) of that Directive, as well as issues related to cross-border transactions, notarisation requirements and the right of withdrawal;

The path to equitable private international law rules that do not deprive users of access to justice should:

| — | ensure that standard terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice, in particular through the effective enforcement of existing measures in this regard; |
| --- | --- |

—

ensure that standard terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice, in particular through the effective enforcement of existing measures in this regard;

| — | include measures clarifying private international law rules concerning the activities of platforms regarding data, so that they are not detrimental to Union subjects; |
| --- | --- |

—

include measures clarifying private international law rules concerning the activities of platforms regarding data, so that they are not detrimental to Union subjects;

| — | build on multilateralism and, if possible, be agreed in the appropriate international fora. |
| --- | --- |

—

build on multilateralism and, if possible, be agreed in the appropriate international fora.

Only where it proves impossible to achieve a solution based on multilateralism in reasonable time, should measures applied within the Union be proposed, in order to ensure that the use of digital services in the Union is fully governed by Union law under the jurisdiction of Union courts.

B.   TEXT OF THE LEGISLATIVE PROPOSAL REQUESTED

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on contractual rights as regards content management

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

Acting in accordance with the ordinary legislative procedure,

Whereas:

| (1) | The terms and conditions that digital service providers apply in relations with users are often non-negotiable and can be unilaterally amended by those providers. Action at a legislative level is needed to put in place minimum standards for such terms and conditions, in particular as regards procedural standards for content management; |
| --- | --- |

(1)

The terms and conditions that digital service providers apply in relations with users are often non-negotiable and can be unilaterally amended by those providers. Action at a legislative level is needed to put in place minimum standards for such terms and conditions, in particular as regards procedural standards for content management;

| (2) | The civil law regimes governing the practices of content hosting platforms as regards content moderation are based on certain sector-specific provisions at Union level as well as on laws passed by Member States at national level, and there are notable differences in the obligations imposed by those civil law regimes on content hosting platforms and in their enforcement mechanisms. |
| --- | --- |

(2)

The civil law regimes governing the practices of content hosting platforms as regards content moderation are based on certain sector-specific provisions at Union level as well as on laws passed by Member States at national level, and there are notable differences in the obligations imposed by those civil law regimes on content hosting platforms and in their enforcement mechanisms.

| (3) | The resulting fragmentation of civil law regimes governing content moderation by content hosting platforms not only creates legal uncertainties, which might lead such platforms to adopt stricter practices than necessary in order to minimise the risks brought about by the use of their service, but also leads to a fragmentation of the Digital Single Market, which hinders growth and innovation and the development of European businesses in the Digital Single Market. |
| --- | --- |

(3)

The resulting fragmentation of civil law regimes governing content moderation by content hosting platforms not only creates legal uncertainties, which might lead such platforms to adopt stricter practices than necessary in order to minimise the risks brought about by the use of their service, but also leads to a fragmentation of the Digital Single Market, which hinders growth and innovation and the development of European businesses in the Digital Single Market.

| (4) | Given the detrimental effects of the fragmentation of the Digital Single Market, and the resulting legal uncertainty for businesses and consumers, the international character of content hosting, the vast amount of content requiring moderation, and the significant market power of a few content hosting platforms located outside the Union, the various issues that arise in respect of content hosting need to be regulated in a manner that entails full harmonisation and therefore by means of a regulation. |
| --- | --- |

(4)

Given the detrimental effects of the fragmentation of the Digital Single Market, and the resulting legal uncertainty for businesses and consumers, the international character of content hosting, the vast amount of content requiring moderation, and the significant market power of a few content hosting platforms located outside the Union, the various issues that arise in respect of content hosting need to be regulated in a manner that entails full harmonisation and therefore by means of a regulation.

| (5) | Concerning relations with users, this Regulation should lay down minimum standards for the fairness, transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should be clear, accessible, intelligible and unambiguous and include fair, transparent, binding and uniform standards and procedures for content moderation, which should guarantee accessible and independent recourse to judicial redress and comply with fundamental rights. |
| --- | --- |

(5)

Concerning relations with users, this Regulation should lay down minimum standards for the fairness, transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should be clear, accessible, intelligible and unambiguous and include fair, transparent, binding and uniform standards and procedures for content moderation, which should guarantee accessible and independent recourse to judicial redress and comply with fundamental rights.

| (6) | User-targeted amplification of content based on the views or positions presented in such content is one of the most detrimental practices in the digital society, especially in cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements. |
| --- | --- |

(6)

User-targeted amplification of content based on the views or positions presented in such content is one of the most detrimental practices in the digital society, especially in cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements.

| (7) | Algorithms that decide on the ranking of search results influence individual and social communications and interactions and can be opinion-forming, especially in the case of media content. |
| --- | --- |

(7)

Algorithms that decide on the ranking of search results influence individual and social communications and interactions and can be opinion-forming, especially in the case of media content.

| (8) | In order to ensure, inter alia, that users can assert their rights, they should be given an appropriate degree of transparency and influence over the curation of content made visible to them, including the possibility to opt out of any content curation other than chronological order altogether. In particular, users should not be subject to curation without freely given, specific, informed and unambiguous prior consent. Consent to targeted advertising should not be considered as freely given and valid if access to the service is made conditional on data processing. |
| --- | --- |

(8)

In order to ensure, inter alia, that users can assert their rights, they should be given an appropriate degree of transparency and influence over the curation of content made visible to them, including the possibility to opt out of any content curation other than chronological order altogether. In particular, users should not be subject to curation without freely given, specific, informed and unambiguous prior consent. Consent to targeted advertising should not be considered as freely given and valid if access to the service is made conditional on data processing.

| (9) | Consent given in a general manner by a user to the terms and conditions of content hosting platforms or to any other general description of the rules relating to content management by content hosting platforms should not be taken as sufficient consent for the display of automatically curated content to the user. |
| --- | --- |

(9)

Consent given in a general manner by a user to the terms and conditions of content hosting platforms or to any other general description of the rules relating to content management by content hosting platforms should not be taken as sufficient consent for the display of automatically curated content to the user.

| (10) | This Regulation does not oblige content hosting platforms to employ any form of automated ex-ante control of content, unless otherwise specified in existing Union law, and provides that content moderation procedures used voluntarily by platforms are not to lead to ex-ante control measures based on automated tools or upload-filtering of content. |
| --- | --- |

(10)

This Regulation does not oblige content hosting platforms to employ any form of automated ex-ante control of content, unless otherwise specified in existing Union law, and provides that content moderation procedures used voluntarily by platforms are not to lead to ex-ante control measures based on automated tools or upload-filtering of content.

| (11) | This Regulation should also include provisions against discriminatory content moderation practices, exploitation or exclusion, for the purposes of content moderation, especially when user-created content is removed based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social class. |
| --- | --- |

(11)

This Regulation should also include provisions against discriminatory content moderation practices, exploitation or exclusion, for the purposes of content moderation, especially when user-created content is removed based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social class.

| (12) | The right to issue a notice pursuant to this Regulation should remain with any natural or legal person, including public bodies, to which content is provided through a website or application. |
| --- | --- |

(12)

The right to issue a notice pursuant to this Regulation should remain with any natural or legal person, including public bodies, to which content is provided through a website or application.

| (13) | After a notice has been issued, the uploader should be informed thereof by the content hosting platform and in particular about the reason for the notice and for the action to be taken, and should be provided information about the procedure, including about appeal and referral to independent dispute settlement bodies, and about available remedies in the event of false notices. Such information should, however, not be given if the content hosting platform has been informed by public authorities about ongoing law enforcement investigations. In such case, it should be for the relevant authorities to inform the uploader about the issue of a notice, in accordance with applicable rules. |
| --- | --- |

(13)

After a notice has been issued, the uploader should be informed thereof by the content hosting platform and in particular about the reason for the notice and for the action to be taken, and should be provided information about the procedure, including about appeal and referral to independent dispute settlement bodies, and about available remedies in the event of false notices. Such information should, however, not be given if the content hosting platform has been informed by public authorities about ongoing law enforcement investigations. In such case, it should be for the relevant authorities to inform the uploader about the issue of a notice, in accordance with applicable rules.

| (14) | All concerned parties should be informed about a decision as regards a notice. The information provided to concerned parties should also include, apart from the outcome of the decision, at least the reason for the decision and whether the decision was made solely by a human, as well as relevant information regarding review or redress. |
| --- | --- |

(14)

All concerned parties should be informed about a decision as regards a notice. The information provided to concerned parties should also include, apart from the outcome of the decision, at least the reason for the decision and whether the decision was made solely by a human, as well as relevant information regarding review or redress.

| (15) | Content should be considered as manifestly illegal if it is unmistakably and without requiring in-depth examination in breach of legal provisions regulating the legality of content on the internet. |
| --- | --- |

(15)

Content should be considered as manifestly illegal if it is unmistakably and without requiring in-depth examination in breach of legal provisions regulating the legality of content on the internet.

| (16) | Given the immediate nature of content hosting and the often ephemeral purpose of content uploading, it is necessary to provide independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse. Such bodies should be competent to adjudicate disputes concerning the legality of user-uploaded content and the correct application of terms and conditions. However, that process should not prevent the user from having the right of access to justice and further judicial redress. |
| --- | --- |

(16)

Given the immediate nature of content hosting and the often ephemeral purpose of content uploading, it is necessary to provide independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse. Such bodies should be competent to adjudicate disputes concerning the legality of user-uploaded content and the correct application of terms and conditions. However, that process should not prevent the user from having the right of access to justice and further judicial redress.

| (17) | The establishment of independent dispute settlement bodies could relieve the burden on courts, by providing a fast resolution of disputes over content management decisions, without prejudice to the right to judicial redress before a court. Given that content hosting platforms which enjoy significant market power can particularly gain from the introduction of independent dispute settlement bodies, it is appropriate that they contribute to the financing of such bodies. This fund should be independently managed by the European entity in order to assist the Member States in financing the running costs of the independent dispute settlement bodies. Member States should ensure that such bodies are provided with adequate resources to ensure their competence and independence. |
| --- | --- |

(17)

The establishment of independent dispute settlement bodies could relieve the burden on courts, by providing a fast resolution of disputes over content management decisions, without prejudice to the right to judicial redress before a court. Given that content hosting platforms which enjoy significant market power can particularly gain from the introduction of independent dispute settlement bodies, it is appropriate that they contribute to the financing of such bodies. This fund should be independently managed by the European entity in order to assist the Member States in financing the running costs of the independent dispute settlement bodies. Member States should ensure that such bodies are provided with adequate resources to ensure their competence and independence.

| (18) | Users should have the right of referral to a fair and independent dispute settlement body, as an alternative dispute settlement mechanism, to contest a decision taken by a content hosting platform following a notice concerning content they uploaded. Notifiers should have that right if they would have legal standing in a civil procedure regarding the content in question. |
| --- | --- |

(18)

Users should have the right of referral to a fair and independent dispute settlement body, as an alternative dispute settlement mechanism, to contest a decision taken by a content hosting platform following a notice concerning content they uploaded. Notifiers should have that right if they would have legal standing in a civil procedure regarding the content in question.

| (19) | As regards jurisdiction, the competent independent dispute settlement body should be that located in the Member State in which the content forming the subject of the dispute has been uploaded. It should always be possible for natural persons to bring complaints to the independent dispute settlement body of their Member States of residence. |
| --- | --- |

(19)

As regards jurisdiction, the competent independent dispute settlement body should be that located in the Member State in which the content forming the subject of the dispute has been uploaded. It should always be possible for natural persons to bring complaints to the independent dispute settlement body of their Member States of residence.

| (20) | Whistleblowing helps to prevent breaches of law and detect threats or harm to the general interest that would otherwise remain undetected. Providing protection for whistleblowers plays an important role in protecting freedom of expression, media freedom and the public’s right to access information. Directive (EU) 2019/1937 of the European Parliament and of the Council (1) should therefore apply to the relevant breaches of this Regulation. Accordingly, that Directive should be amended. |
| --- | --- |

(20)

Whistleblowing helps to prevent breaches of law and detect threats or harm to the general interest that would otherwise remain undetected. Providing protection for whistleblowers plays an important role in protecting freedom of expression, media freedom and the public’s right to access information. Directive (EU) 2019/1937 of the European Parliament and of the Council (1) should therefore apply to the relevant breaches of this Regulation. Accordingly, that Directive should be amended.

| (21) | This Regulation should include obligations to report on its implementation and to review it within a reasonable time. For this purpose, the independent dispute settlement bodies provided for by Member States under this Regulation should submit reports on the number of referrals brought before them, the decisions taken — anonymising personal data as appropriate — including the number of referrals dealt with, data on systemic problems, trends and the identification of platforms not complying with decisions of independent dispute settlement bodies. |
| --- | --- |

(21)

This Regulation should include obligations to report on its implementation and to review it within a reasonable time. For this purpose, the independent dispute settlement bodies provided for by Member States under this Regulation should submit reports on the number of referrals brought before them, the decisions taken — anonymising personal data as appropriate — including the number of referrals dealt with, data on systemic problems, trends and the identification of platforms not complying with decisions of independent dispute settlement bodies.

| (22) | Since the objective of this Regulation, namely to establish a regulatory framework for contractual rights as regards content management in the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(22)

Since the objective of this Regulation, namely to establish a regulatory framework for contractual rights as regards content management in the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (23) | Action at Union level as set out in this Regulation would be substantially enhanced by a European entity tasked with appropriate monitoring and ensuring compliance by content hosting platforms with the provisions of this Regulation. For this purpose, the Commission should consider the options of appointing an existing or new European Agency or European body or coordinating a network of national authorities, in order to review compliance with the standards laid down for content management on the basis of transparency reports and the monitoring of algorithms employed by content hosting platforms for the purpose of content management (hereinafter referred to as ‘the European entity’). |
| --- | --- |

(23)

Action at Union level as set out in this Regulation would be substantially enhanced by a European entity tasked with appropriate monitoring and ensuring compliance by content hosting platforms with the provisions of this Regulation. For this purpose, the Commission should consider the options of appointing an existing or new European Agency or European body or coordinating a network of national authorities, in order to review compliance with the standards laid down for content management on the basis of transparency reports and the monitoring of algorithms employed by content hosting platforms for the purpose of content management (hereinafter referred to as ‘the European entity’).

| (24) | In order to ensure that the risks presented by content amplification are evaluated, a biannual dialogue on the impact of content management policies of legal content on fundamental rights should be established between content hosting platforms with significant market power and the European entity together with relevant national authorities. |
| --- | --- |

(24)

In order to ensure that the risks presented by content amplification are evaluated, a biannual dialogue on the impact of content management policies of legal content on fundamental rights should be established between content hosting platforms with significant market power and the European entity together with relevant national authorities.

| (25) | This Regulation respects all fundamental rights and observes the freedoms and principles recognised in the Charter of Fundamental Rights of the European Union as enshrined in the Treaties, in particular the freedom of expression and information, and the right to an effective remedy and to a fair trial, |
| --- | --- |

(25)

This Regulation respects all fundamental rights and observes the freedoms and principles recognised in the Charter of Fundamental Rights of the European Union as enshrined in the Treaties, in particular the freedom of expression and information, and the right to an effective remedy and to a fair trial,

HAVE ADOPTED THIS REGULATION:

Article 1

Purpose

The purpose of this Regulation is to contribute to the proper functioning of the internal market by laying down rules to ensure that fair contractual rights exist as regards content management and to provide independent dispute settlement mechanisms for disputes regarding content management.

Article 2

Scope of application

1.   This Regulation applies to content hosting platforms that host and manage content that is accessible to the public on websites or through applications in the Union, irrespective of the place of establishment or registration, or principal place of business of the content hosting platform.

2.   This Regulation does not apply to content hosting platforms that:

| (a) | are of a non-commercial nature; or |
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(a)

are of a non-commercial nature; or

| (b) | have fewer than [100 000] (2) users. |
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(b)

have fewer than [100 000] (2) users.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

| (1) | ‘content hosting platform’ means an information society service within the meaning of point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (3) of which the main or one of the main purposes is to allow signed-up or non-signed-up users to upload content for display on a publicly accessible website or application; |
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(1)

‘content hosting platform’ means an information society service within the meaning of point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (3) of which the main or one of the main purposes is to allow signed-up or non-signed-up users to upload content for display on a publicly accessible website or application;

| (2) | ‘content hosting platform with significant market power’ means a content hosting platform with at least two of the following characteristics:






  (a) | the capacity to develop or preserve its user base because of network effects which lock-in a significant part of its users, or because its positioning in the downstream market allows it to create economic dependency; |
| --- | --- | --- |

(2)

‘content hosting platform with significant market power’ means a content hosting platform with at least two of the following characteristics:

(a)

the capacity to develop or preserve its user base because of network effects which lock-in a significant part of its users, or because its positioning in the downstream market allows it to create economic dependency;

| (b) | being of a considerable size in the market, measured either by the number of active users or by the annual global turnover of the platform; |
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(b)

being of a considerable size in the market, measured either by the number of active users or by the annual global turnover of the platform;

| (c) | it is integrated into a business or network environment controlled by its group or parent company, which allows for market power to be leveraged from one market into an adjacent market; |
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(c)

it is integrated into a business or network environment controlled by its group or parent company, which allows for market power to be leveraged from one market into an adjacent market;

| (d) | it has a gatekeeper role for a whole category of content or information; |
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(d)

it has a gatekeeper role for a whole category of content or information;

| (e) | it has access to large amounts of high quality personal data, either provided by users or inferred about users based on monitoring their online behaviour, and such data are indispensable for providing and improving a similar service, as well as being difficult to access or replicate by potential competitors; |
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(e)

it has access to large amounts of high quality personal data, either provided by users or inferred about users based on monitoring their online behaviour, and such data are indispensable for providing and improving a similar service, as well as being difficult to access or replicate by potential competitors;

| (3) | ‘content’ means any concept, idea, form of expression or information in any format such as text, images, audio and video; |
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(3)

‘content’ means any concept, idea, form of expression or information in any format such as text, images, audio and video;

| (4) | ‘illegal content’ means any content which is not in compliance with Union law or the law of a Member State in which it is hosted; |
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(4)

‘illegal content’ means any content which is not in compliance with Union law or the law of a Member State in which it is hosted;

| (5) | ‘content management’ means the moderation and curation of content on content hosting platforms; |
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(5)

‘content management’ means the moderation and curation of content on content hosting platforms;

| (6) | ‘content moderation’ means the practice of monitoring and applying a pre-determined set of rules and guidelines to content generated, published or shared by users, in order to ensure that the content complies with legal and regulatory requirements, community guidelines and terms and conditions, as well as any resulting measure taken by the platform, such as removal of content or the deletion or suspension of the user’s account, be it through automated means or human operators; |
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(6)

‘content moderation’ means the practice of monitoring and applying a pre-determined set of rules and guidelines to content generated, published or shared by users, in order to ensure that the content complies with legal and regulatory requirements, community guidelines and terms and conditions, as well as any resulting measure taken by the platform, such as removal of content or the deletion or suspension of the user’s account, be it through automated means or human operators;

| (7) | ‘content curation’ means the practice of selecting, optimising, prioritising and recommending content based on individual user profiles for the purpose of its display on a website or application; |
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(7)

‘content curation’ means the practice of selecting, optimising, prioritising and recommending content based on individual user profiles for the purpose of its display on a website or application;

| (8) | ‘terms and conditions’ means all terms, conditions or specifications, irrespective of their name or form, which govern the contractual relationship between the content hosting platform and its users and which are unilaterally determined by the content hosting platform; |
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(8)

‘terms and conditions’ means all terms, conditions or specifications, irrespective of their name or form, which govern the contractual relationship between the content hosting platform and its users and which are unilaterally determined by the content hosting platform;

| (9) | ‘user’ means a natural or legal person that uses the services provided by a content hosting platform or interacts with content hosted on such a platform; |
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(9)

‘user’ means a natural or legal person that uses the services provided by a content hosting platform or interacts with content hosted on such a platform;

| (10) | ‘uploader’ means a natural or legal person that adds content to a content hosting platform irrespective of its visibility to other users; |
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(10)

‘uploader’ means a natural or legal person that adds content to a content hosting platform irrespective of its visibility to other users;

| (11) | ‘notice’ means a formalised notification contesting the compliance of content with legal and regulatory requirements, community guidelines and terms and conditions. |
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(11)

‘notice’ means a formalised notification contesting the compliance of content with legal and regulatory requirements, community guidelines and terms and conditions.

Article 4

Principles for content management

1.   Content management shall be conducted in a fair, lawful and transparent manner. Content management practices shall be appropriate, proportionate to the type and volume of content, relevant and limited to what is necessary in relation to the purposes for which the content is managed. Content hosting platforms shall be accountable for ensuring that their content management practices are fair, transparent and proportionate.

2.   Users shall not be subjected to discriminatory practices, exploitation or exclusion, for the purposes of content moderation by the content hosting platforms, such as removal of user-generated content based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social class.

3.   Content hosting platforms shall provide the users with sufficient information on their content curation profiles and the individual criteria according to which content hosting platforms curate content for them, including information as to whether algorithms are used and their objectives.

4.   Content hosting platforms shall provide users with an appropriate degree of influence over the curation of content made visible to them, including the choice of opting out of content curation altogether. In particular, users shall not be subject to content curation without their freely given, specific, informed and unambiguous prior consent.

Article 5

Structured risk dialogue on content management

As part of a structured risk dialogue with the European entity together with the relevant national authorities, content hosting platforms with significant market power shall present a biannual report to the European entity on the fundamental rights impact and on their risk management of their content management policies and how they mitigate those risks.

Article 6

Transparency obligation

1.   Digital services providers shall take the measures necessary to enable the disclosure of the funding of any interest groups with which the users of the providers’ digital services are associated, and of details of the nature of the relationship between such interest groups and users. Such disclosure shall enable the person who is legally responsible to be identified.

2.   Commercial digital service providers who are established outside the Union shall designate a legal representative for the purposes of user interests within the Union and make the contact information of that representative visible and accessible on their online platforms.

Article 7

Eligibility for issuing notices

1.   Any natural or legal person or public body to which content is provided through a website, application, or other form of software, shall have the right to issue a notice pursuant to this Regulation.

2.   Member States shall provide for penalties where a person acting for purposes relating to their trade, business, craft or profession systematically and repeatedly submits wrongful notices. Such penalties shall be effective, proportionate and dissuasive.

Article 8

Notice procedures

Content hosting platforms shall include in their terms and conditions clear, accessible, intelligible and unambiguous information regarding notice procedures, in particular:

| (a) | the maximum period within which the uploader of the content in question is to be informed about a notice procedure; |
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(a)

the maximum period within which the uploader of the content in question is to be informed about a notice procedure;

| (b) | the period within which the uploader can launch an appeal; |
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(b)

the period within which the uploader can launch an appeal;

| (c) | the deadline for the content hosting platform to expeditiously treat a notice and take a decision; |
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(c)

the deadline for the content hosting platform to expeditiously treat a notice and take a decision;

| (d) | the deadline for the content hosting platform to inform both parties about the outcome of the decision including a justification for the action taken. |
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(d)

the deadline for the content hosting platform to inform both parties about the outcome of the decision including a justification for the action taken.

Article 9

Content of notices

1.   A notice regarding content shall include at least the following information:

| (a) | a link to the content in question and, where appropriate, such as regarding video content, a timestamp; |
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(a)

a link to the content in question and, where appropriate, such as regarding video content, a timestamp;

| (b) | the reason for the notice; |
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(b)

the reason for the notice;

| (c) | evidence supporting the claim made in the notice; |
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(c)

evidence supporting the claim made in the notice;

| (d) | a declaration of good faith from the notifier; and |
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(d)

a declaration of good faith from the notifier; and

| (e) | in the event of a violation of personality rights or intellectual property rights, the identity of the notifier. |
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(e)

in the event of a violation of personality rights or intellectual property rights, the identity of the notifier.

2.   In the event of violations referred to in point (e) of paragraph 1, the notifier shall be the person concerned by the violation of personality rights, or the holder of the intellectual property rights that were violated, or someone acting on behalf of that person.

Article 10

Information to the uploader

1.   Upon a notice being issued, and before any decision on the content has been made, the uploader of the content in question shall receive the following information:

| (a) | the reason for the notice and for the action the content hosting platform might take; |
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(a)

the reason for the notice and for the action the content hosting platform might take;

| (b) | sufficient information about the procedure to follow; |
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(b)

sufficient information about the procedure to follow;

| (c) | information on the right of reply laid down in paragraph 3; and |
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(c)

information on the right of reply laid down in paragraph 3; and

| (d) | information on the available remedies in relation to false notices. |
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(d)

information on the available remedies in relation to false notices.

2.   The information required under paragraph 1 shall not be provided if the content hosting platform has been informed by public authorities about ongoing law enforcement investigations.

3.   The uploader shall have the right to reply to the content hosting platform in the form of a counter-notice. The content hosting platform shall consider the uploader’s reply when taking a decision on the action to be taken.

Article 11

Decisions on notices

1.   Content hosting platforms shall ensure that decisions on notifications are taken by qualified staff without undue delay following the necessary investigations.

2.   Following a notice, content hosting platforms shall, without delay, decide whether to remove, take down or disable access to content that was the subject of a notice, if such content does not comply with legal requirements. Without prejudice to Article 14(2), the fact that a content hosting platform has deemed specific content to be non-compliant shall in no case automatically lead to content by another user being removed, taken down or being made inaccessible.

Article 12

Information about decisions

Once a content hosting platform has taken a decision, it shall inform all parties involved in the notice procedure about the outcome of the decision, providing the following information in a clear and simple manner:

| (a) | the reasons for the decision taken; |
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(a)

the reasons for the decision taken;

| (b) | whether the decision was made solely by a human or supported by an algorithm; |
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(b)

whether the decision was made solely by a human or supported by an algorithm;

| (c) | information about the possibility for review as referred to in Article 13 and judicial redress for either party. |
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(c)

information about the possibility for review as referred to in Article 13 and judicial redress for either party.

Article 13

Review of decisions

1.   Content hosting platforms may provide a mechanism allowing users to request a review of decisions they take.

2.   Content hosting platforms with significant market power shall provide the review mechanism referred to in paragraph 1.

3.   In all cases, the final decision of the review shall be undertaken by a human.

Article 14

Removal of content

1.   Without prejudice to judicial or administrative orders regarding content online, content that has been the subject of a notice shall remain visible while the assessment of its legality is still pending.

2.   Content hosting platforms shall act expeditiously to make unavailable or remove content which is manifestly illegal.

Article 15

Independent dispute settlement

1.   Member States shall provide independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse when decisions on content moderation are appealed against.

2.   The independent dispute settlement bodies shall be composed of independent legal experts with the mandate to adjudicate disputes between content hosting platforms and users concerning the compliance of the content in question with legal and regulatory requirements, community guidelines and terms and conditions.

3.   The referral of a dispute regarding content moderation to an independent dispute settlement body shall not preclude a user from being able to have further recourse in the courts unless the dispute has been settled by common agreement.

4.   Content hosting platforms with significant market power shall contribute financially to the operating costs of the independent dispute settlement bodies through a dedicated fund managed by the European entity, in order to assist the Member States in financing those bodies. Member States shall ensure the independent dispute settlement bodies are provided with adequate resources to ensure their competence and independence.

Article 16

Procedural rules for independent dispute settlement

1.   The uploader as well as a third party, such as an ombudsperson with a legitimate interest in acting, shall have the right to refer a case of content moderation to the competent independent dispute settlement body in the event that a content hosting platform has decided to remove, take down or disable access to content, or otherwise to act in a manner that is contrary to the action preferred by the uploader as expressed by the uploader or constitutes an infringement of fundamental rights.

2.   Where the content hosting platform has decided not to take down content that is the subject of a notification, the notifier shall have a right to refer the matter to the competent independent dispute settlement body, provided that the notifier would have legal standing in a civil procedure regarding the content in question.

3.   As regards jurisdiction, the competent independent dispute settlement body shall be that located in the Member State in which the content that is the subject of the dispute has been uploaded. Natural persons shall be allowed in all cases to bring complaints to the independent dispute body of their Member States of residence.

4.   Where the notifier has the right to refer a case of content moderation to an independent dispute settlement body in accordance with paragraph 2, the notifier may refer the case to the independent dispute settlement body located in the Member State of habitual residence of the notifier or the uploader, if the latter is using the service for non-commercial purposes.

5.   Where a case of content moderation relating to the same question is the subject of a referral to another independent dispute settlement body, the independent settlement body may suspend the procedure as regards a referral. Where a question of content moderation has been the subject of recommendations by an independent dispute settlement body, the independent dispute settlement body may decline to treat a referral.

6.   The Member States shall lay down all other necessary rules and procedures for the independent dispute settlement bodies within their jurisdiction.

Article 17

Personal data

Any processing of personal data carried out pursuant to this Regulation shall be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (4) and Directive 2002/58/EC of the European Parliament and of the Council (5).

Article 18

Reporting of breaches and protection of reporting persons

Directive (EU) 2019/1937 shall apply to the reporting of breaches of this Regulation and to the persons reporting such breaches.

Article 19

Amendments to Directive (EU) 2019/1937

Directive (EU) 2019/1937 is amended as follows:

| (1) | in point (a) of Article 2(1), the following point is added:






  ‘(xi) | online content management;’; |
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(1)

in point (a) of Article 2(1), the following point is added:

‘(xi)

online content management;’;

| (2) | in Part I of the Annex, the following point is added:






  ‘K. | Point (a)(xi) of Article 2(1) — online content management.
  Regulation [XXX] of the European Parliament and of the Council on contractual rights as regards content management.’. |
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(2)

‘K.

Point (a)(xi) of Article 2(1) — online content management.

Regulation [XXX] of the European Parliament and of the Council on contractual rights as regards content management.’.

Article 20

Reporting, evaluation and review

1.   Member States shall provide the Commission with all relevant information regarding the implementation and application of this Regulation. On the basis of the information provided and of public consultation, the Commission shall, by ... [three years after entry into force of this Regulation], submit a report to the European Parliament and to the Council on the implementation and application of this Regulation and consider the need for additional measures, including, where appropriate, amendments to this Regulation.

2.   Without prejudice to reporting obligations laid down in other Union legal acts, Member States shall, on an annual basis, submit the following statistics to the Commission:

| (a) | the number of disputes referred to independent dispute settlement bodies and the types of content that were the subject of disputes; |
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(a)

the number of disputes referred to independent dispute settlement bodies and the types of content that were the subject of disputes;

| (b) | the number of cases settled by the independent dispute settlement bodies, categorised according to outcome. |
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(b)

the number of cases settled by the independent dispute settlement bodies, categorised according to outcome.

Article 21

Entry into force

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

It shall apply from XX.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

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(1)  Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).

1

(2)  When determining the number of users, the Commission should take into account the situation of SMEs and start-ups.

2

(3)  Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).

3

(4)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

4

(5)  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

5

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| 6.10.2021 | EN | Official Journal of the European Union | C 404/53 |
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6.10.2021

EN

Official Journal of the European Union

C 404/53

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P9_TA(2020)0274

Digital Services Act and fundamental rights issues posed

European Parliament resolution of 20 October 2020 on the Digital Services Act and fundamental rights issues posed (2020/2022(INI))

(2021/C 404/03)

The European Parliament,

| — | having regard to the Treaty on European Union (TEU), in particular Article 2 thereof, |
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—

having regard to the Treaty on European Union (TEU), in particular Article 2 thereof,

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 16 and Article 114 thereof, |
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—

having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 16 and Article 114 thereof,

| — | having regard to the Charter of Fundamental Rights of the European Union, in particular Article 6, Article 7, Article 8, Article 11, Article 13, Article 21, Article 22, Article 23, Article 24, Article 26, Article 38, and Article 47 thereof, |
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—

having regard to the Charter of Fundamental Rights of the European Union, in particular Article 6, Article 7, Article 8, Article 11, Article 13, Article 21, Article 22, Article 23, Article 24, Article 26, Article 38, and Article 47 thereof,

| — | having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘e-Commerce Directive’) (1), |
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—

having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘e-Commerce Directive’) (1),

| — | having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’, (GDPR)) (2), |
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—

having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’, (GDPR)) (2),

| — | having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on privacy and electronic communications’) (3), |
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—

having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on privacy and electronic communications’) (3),

| — | having regard to Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities (4), |
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—

having regard to Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities (4),

| — | having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (5) (‘Copyright Directive’), |
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—

having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (5) (‘Copyright Directive’),

| — | having regard to the Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (6), |
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—

having regard to the Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (6),

| — | having regard to the Europol Internet Organised Crime Threat Assessment (IOCTA) of 18 September 2018, |
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—

having regard to the Europol Internet Organised Crime Threat Assessment (IOCTA) of 18 September 2018,

| — | having regard to the relevant case law of the Court of Justice of the European Union, |
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—

having regard to the relevant case law of the Court of Justice of the European Union,

| — | having regard to Rule 54 of its Rules of Procedure, |
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—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Culture and Education, |
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—

having regard to the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Culture and Education,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0172/2020), |
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—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0172/2020),

| A. | whereas fundamental rights, such as the protection of privacy and personal data, the principle of non-discrimination, as well as freedom of expression and information, need to be ingrained at the core of a successful and durable EU policy on digital services; whereas these rights need to be seen both in the letter of the law, as well as in the spirit of their implementation; |
| --- | --- |

A.

whereas fundamental rights, such as the protection of privacy and personal data, the principle of non-discrimination, as well as freedom of expression and information, need to be ingrained at the core of a successful and durable EU policy on digital services; whereas these rights need to be seen both in the letter of the law, as well as in the spirit of their implementation;

| B. | whereas the types of digital services and the roles of digital service providers have drastically changed since the adoption of the e-Commerce Directive 20 years ago; |
| --- | --- |

B.

whereas the types of digital services and the roles of digital service providers have drastically changed since the adoption of the e-Commerce Directive 20 years ago;

| C. | whereas the trust of users can only be gained by digital services that respect users’ fundamental rights, which would not only uptake of services, but would also offer a competitive advantage and stable business model for companies; |
| --- | --- |

C.

whereas the trust of users can only be gained by digital services that respect users’ fundamental rights, which would not only uptake of services, but would also offer a competitive advantage and stable business model for companies;

| D. | whereas the data protection rules applicable to all providers offering digital services in the EU’s territory were recently updated and harmonised across the EU with the General Data Protection Regulation; whereas privacy rules for electronic communications, which are a subset of digital services, are covered by the Directive on privacy and electronic communications and are currently under revision; |
| --- | --- |

D.

whereas the data protection rules applicable to all providers offering digital services in the EU’s territory were recently updated and harmonised across the EU with the General Data Protection Regulation; whereas privacy rules for electronic communications, which are a subset of digital services, are covered by the Directive on privacy and electronic communications and are currently under revision;

| E. | whereas the amount of all types of user-generated content shared and services provided via online platforms, including cloud services, has increased exponentially and at an unprecedented pace facilitated by advanced technologies; whereas this includes illegal content such as images depicting child sexual abuse material (CSAM) online and content that is legal but that may be harmful for society and democracy, such as disinformation on COVID-19 remedies; |
| --- | --- |

E.

whereas the amount of all types of user-generated content shared and services provided via online platforms, including cloud services, has increased exponentially and at an unprecedented pace facilitated by advanced technologies; whereas this includes illegal content such as images depicting child sexual abuse material (CSAM) online and content that is legal but that may be harmful for society and democracy, such as disinformation on COVID-19 remedies;

| F. | whereas online hate speech and disinformation have become increasingly widespread in recent years as individuals and disruptive actors make use of online platforms to increase polarisation, which, in turn, is used for political purposes; whereas women, persons of colour, persons belonging to or perceived as belonging to ethnic or linguistic minorities and LGBTIQ persons are often targeted by discriminatory hate speech, bullying, threats and scapegoating online; |
| --- | --- |

F.

whereas online hate speech and disinformation have become increasingly widespread in recent years as individuals and disruptive actors make use of online platforms to increase polarisation, which, in turn, is used for political purposes; whereas women, persons of colour, persons belonging to or perceived as belonging to ethnic or linguistic minorities and LGBTIQ persons are often targeted by discriminatory hate speech, bullying, threats and scapegoating online;

| G. | whereas this trend has been aided by online platforms whose business model is based on the collection and analysis of user data with a view to generating more traffic and ‘clicks’, and, in turn, more profiling data and thus more profit; whereas this leads to the amplification of sensationalist content; whereas hate speech and disinformation harm the public interest by undermining respectful and honest public discourse and pose threats to public security since they can incite real-world violence; whereas combating such content is key in order to ensure respect for fundamental rights and to defend the rule of law and democracy in the EU; |
| --- | --- |

G.

whereas this trend has been aided by online platforms whose business model is based on the collection and analysis of user data with a view to generating more traffic and ‘clicks’, and, in turn, more profiling data and thus more profit; whereas this leads to the amplification of sensationalist content; whereas hate speech and disinformation harm the public interest by undermining respectful and honest public discourse and pose threats to public security since they can incite real-world violence; whereas combating such content is key in order to ensure respect for fundamental rights and to defend the rule of law and democracy in the EU;

| H. | whereas social media and other content distribution platforms utilise profiling techniques to target and distribute their content as well as advertisements; whereas data collected from the digital traces of individuals can be mined in ways that allow for a highly accurate inference of very intimate personal information, especially when such data is merged with other data sets; whereas the Cambridge Analytica and Facebook scandals showed the risks associated with opaque data processing operations of online platforms by revealing that certain voters had been micro-targeted with political advertising and, at times, even with targeted disinformation; |
| --- | --- |

H.

whereas social media and other content distribution platforms utilise profiling techniques to target and distribute their content as well as advertisements; whereas data collected from the digital traces of individuals can be mined in ways that allow for a highly accurate inference of very intimate personal information, especially when such data is merged with other data sets; whereas the Cambridge Analytica and Facebook scandals showed the risks associated with opaque data processing operations of online platforms by revealing that certain voters had been micro-targeted with political advertising and, at times, even with targeted disinformation;

| I. | whereas the automated algorithms that decide how to handle, prioritise, distribute and delete third-party content on online platforms, including during political and electoral campaigns, often reproduce existing discriminatory patterns in society, thereby leading to a high risk of discrimination for persons already affected; whereas the widespread use of algorithms for content removal or blocking also raises concerns over the rule of law and questions related to legality, legitimacy and proportionality; |
| --- | --- |

I.

whereas the automated algorithms that decide how to handle, prioritise, distribute and delete third-party content on online platforms, including during political and electoral campaigns, often reproduce existing discriminatory patterns in society, thereby leading to a high risk of discrimination for persons already affected; whereas the widespread use of algorithms for content removal or blocking also raises concerns over the rule of law and questions related to legality, legitimacy and proportionality;

| J. | whereas a small number of mostly non-European service providers have significant market power and exert influence on the rights and freedoms of individuals, our societies and democracies by controlling how information, services and products are presented, which therefore have a significant impact on the functioning of the Member States and on their citizens; whereas the decisions of these platforms can have far-reaching consequences for the freedom of expression and information and for media freedom and pluralism;; |
| --- | --- |

J.

whereas a small number of mostly non-European service providers have significant market power and exert influence on the rights and freedoms of individuals, our societies and democracies by controlling how information, services and products are presented, which therefore have a significant impact on the functioning of the Member States and on their citizens; whereas the decisions of these platforms can have far-reaching consequences for the freedom of expression and information and for media freedom and pluralism;;

| K. | whereas the policy approach to tackle illegal content online in the EU has mainly focused on voluntary cooperation and court-order-mandated takedowns thus far, but a growing number of Member States are adopting further national legislation addressing illegal content in a non-harmonised manner; whereas provisions to address certain types of illegal content were included in recent sectoral legislation at EU level; |
| --- | --- |

K.

whereas the policy approach to tackle illegal content online in the EU has mainly focused on voluntary cooperation and court-order-mandated takedowns thus far, but a growing number of Member States are adopting further national legislation addressing illegal content in a non-harmonised manner; whereas provisions to address certain types of illegal content were included in recent sectoral legislation at EU level;

| L. | whereas a pure self-regulatory approach of platforms does not provide adequate transparency, accountability and oversight; whereas such an approach neither provides proper information to public authorities, civil society and users on how platforms address illegal content and activities and content that violates their terms and conditions, nor on how they curate content in general; |
| --- | --- |

L.

whereas a pure self-regulatory approach of platforms does not provide adequate transparency, accountability and oversight; whereas such an approach neither provides proper information to public authorities, civil society and users on how platforms address illegal content and activities and content that violates their terms and conditions, nor on how they curate content in general;

| M. | whereas such an approach may not guarantee compliance with fundamental rights and creates a situation where judicial responsibilities are partially handed over to private parties, which poses the risk of interference with the right to freedom of expression; |
| --- | --- |

M.

whereas such an approach may not guarantee compliance with fundamental rights and creates a situation where judicial responsibilities are partially handed over to private parties, which poses the risk of interference with the right to freedom of expression;

| N. | whereas regulatory oversight and supervision is sector-specific in the EU; whereas further and more comprehensive coordination between the different oversight bodies across the EU would be beneficial; |
| --- | --- |

N.

whereas regulatory oversight and supervision is sector-specific in the EU; whereas further and more comprehensive coordination between the different oversight bodies across the EU would be beneficial;

| O. | whereas the lack of robust, comparable public data on the prevalence of illegal and harmful content online, on notices and the court-mandated and self-regulatory removal thereof, and on the follow-up by competent authorities creates a deficit of transparency and accountability, both in the private and public sector; whereas there is a lack of information regarding the algorithms used by platforms and websites and the way platforms address the erroneous removal of content; |
| --- | --- |

O.

whereas the lack of robust, comparable public data on the prevalence of illegal and harmful content online, on notices and the court-mandated and self-regulatory removal thereof, and on the follow-up by competent authorities creates a deficit of transparency and accountability, both in the private and public sector; whereas there is a lack of information regarding the algorithms used by platforms and websites and the way platforms address the erroneous removal of content;

| P. | whereas child sexual exploitation online is one of the forms of illegal content that is facilitated by technological developments; whereas the vast amount of CSAM circulating online poses serious challenges for detection, investigation and, most of all, victim identification efforts; whereas, according to Europol, reports of online sharing of CSAM that were made to US-based NCMEC increased by 106 % within the last year; |
| --- | --- |

P.

whereas child sexual exploitation online is one of the forms of illegal content that is facilitated by technological developments; whereas the vast amount of CSAM circulating online poses serious challenges for detection, investigation and, most of all, victim identification efforts; whereas, according to Europol, reports of online sharing of CSAM that were made to US-based NCMEC increased by 106 % within the last year;

| Q. | whereas according to the Court of Justice of the European Union (CJEU) jurisprudence, content should be removed following a court order from a Member State; whereas host providers may have recourse to automated search tools and technologies to detect and remove content that is equivalent to content previously declared unlawful, but should not be obliged to monitor generally the information that it stores, or to actively seek facts or circumstances indicating illegal activity, as provided for in Article 15(1) of Directive 2000/31/EC; |
| --- | --- |

Q.

whereas according to the Court of Justice of the European Union (CJEU) jurisprudence, content should be removed following a court order from a Member State; whereas host providers may have recourse to automated search tools and technologies to detect and remove content that is equivalent to content previously declared unlawful, but should not be obliged to monitor generally the information that it stores, or to actively seek facts or circumstances indicating illegal activity, as provided for in Article 15(1) of Directive 2000/31/EC;

| R. | whereas a trusted electronic identification is elementary in order to ensure secure access to digital services and to carry out electronic transactions in a safer way; whereas currently only 15 Member States have notified the Commission of their electronic identity scheme for cross-border recognition in the framework of the Regulation (EU) No 910/2014 (7) (‘eIDAS Regulation’); |
| --- | --- |

R.

whereas a trusted electronic identification is elementary in order to ensure secure access to digital services and to carry out electronic transactions in a safer way; whereas currently only 15 Member States have notified the Commission of their electronic identity scheme for cross-border recognition in the framework of the Regulation (EU) No 910/2014 (7) (‘eIDAS Regulation’);

| S. | whereas the internet and internet platforms are still a key location for terrorist groups’ activities, and they are used as a tool for sowing propaganda, recruitment and promotion of their activities; |
| --- | --- |

S.

whereas the internet and internet platforms are still a key location for terrorist groups’ activities, and they are used as a tool for sowing propaganda, recruitment and promotion of their activities;

| 1. | Believes in the clear societal and economic benefits of a functioning digital single market for the EU and its Member States; welcomes these benefits, in particular improved access to information and the strengthening of the freedom of expression; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights as enshrined in the Treaties and the Charter of Fundamental Rights of the European Union, especially freedom of expression and information, non-discrimination, media freedom and pluralism, privacy and data protection, are respected and user-safety is ensured online; emphasises the fact that legislative and other regulatory interventions in the digital single market aiming to ensure compliance with this obligation should be strictly limited to what is necessary; recalls that content removal mechanisms used outside the guarantees of a due process contravene Article 10 of the European Convention on Human Rights; |
| --- | --- |

1.

| 2. | Urges the Commission to adopt a tailored regulatory approach in order to address the differences that still persist between online and offline worlds and the challenges raised by the diversity of actors and services offered online; considers, in this regard, it essential to apply different regulatory approaches to illegal and legal content; stresses that illegal content online and cyber-enabled crimes should be tackled with the same rigour and on the basis of the same legal principles as illegal content and criminal behaviour offline, and with the same guarantees for citizens; recalls that the e-Commerce Directive is the legal framework for online services in the internal market that regulates content management; |
| --- | --- |

2.

| 3. | Deems it necessary that illegal content is removed swiftly and consistently in order to address crimes and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue; |
| --- | --- |

3.

| 4. | Calls on digital service providers to take content offline in a diligent, proportionate and non-discriminatory manner, and with due regard in all circumstances to the fundamental rights of the users and to take into account the fundamental importance of the freedom of expression and information in an open and democratic society with a view to avoiding the removal of content, which is not illegal; requests that digital service providers, which on their own initiative want to restrict certain legal content of their users, explore the possibility of labelling that content, rather than it taking offline, thus giving users the chance to choose to access that content on their own responsibility; |
| --- | --- |

4.

| 5. | Takes the position that any legally mandated content take-down measures in the Digital Services Act should concern illegal content only, as defined in EU and national law, and that the legislation should not include any undefined concepts and terms as this would create legal uncertainty for online platforms and put fundamental rights and freedom of speech at risk; |
| --- | --- |

5.

| 6. | Acknowledges, however, that the current digital ecosystem also encourages problematic behaviour, such as micro-targeting based on characteristics exposing physical or psychological vulnerabilities, the spreading of hate speech, racist content and disinformation, emerging issues such as the organised abuse of multiple platforms, and the creation of accounts or manipulation of online content by algorithms; notes with concern that some business models are based on showing sensational and polarising content to users in order to increase their screen time and thereby the profits of the online platforms; underlines the negative effects of such business models on the fundamental rights of individuals and for society as a whole; calls for transparency on the monetisation policies of online platforms; |
| --- | --- |

6.

| 7. | Emphasises, therefore, that the spreading of such harmful content should be contained; firmly believes that media literacy skills, user control over content proposed to them and public access to high-quality content and education are crucial in this regard; welcomes, therefore, the Commission initiative to create a European Digital Media Observatory to support independent fact-checking services, increase public knowledge on online disinformation and support public authorities in charge of monitoring digital media; |
| --- | --- |

7.

| 8. | calls on the Commission and the Member States to support independent and public service media and educational initiatives on media literacy and targeted awareness-raising campaigns within civil society; points out that special attention should be paid to harmful content in the context of minors using the internet, especially as regards to their exposure to cyberbullying, sexual harassment, pornography, violence and self-harm; |
| --- | --- |

8.

| 9. | Notes that since the online activities of an individual allow for deep insights into their personality and make it possible to manipulate them, the general and indiscriminate collection of personal data concerning every use of a digital service interferes disproportionately with the right to privacy and the protection of personal data; highlights, in particular, the potential negative impact of micro-targeted and behavioural advertisements and of assessments of individuals, especially minors and vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to personalise advertising, offer products or services or set prices; confirms that the right of users not to be subject to pervasive tracking when using digital services has been included in GDPR and should be properly enforced across the EU; notes that the Commission has proposed to make targeted content curation subject to an opt-in decision in its proposal for a new regulation concerning the respect for private life and the protection of personal data in electronic communications (2017/0003(COD)); |
| --- | --- |

9.

| 10. | Deems that misleading or obscure political advertising is a special class of online threat because it influences the core mechanisms that enable the functioning of our democratic society, especially when such content is sponsored by third-parties, including foreign actors; underlines that when profiling is deployed at scale for political micro-targeting to manipulate voting behaviour, it can seriously undermine the foundations of democracy; calls, therefore, on digital service providers to take the necessary measures to identify and label content uploaded by social bots and expects the Commission to provide guidelines on the use of such persuasive digital technologies in electoral campaigns and political advertising policy; calls, in this regard, for the establishment of strict transparency requirements for the display of paid political advertisement; |
| --- | --- |

10.

| 11. | Deems it necessary that illegal content is removed consistently and without undue delay in order to address infringements, especially those relating to children and terrorist content, and fundamental rights violations with the necessary safeguards in place, such as the transparency of the process, the right to appeal and access to effective judicial redress; considers that voluntary codes of conduct and standard contractual terms of service lack adequate enforcement and have proven to only partially address the issue; stresses that the ultimate responsibility for enforcing the law, deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content rests with independent competent authorities; |
| --- | --- |

11.

| 12. | Acknowledges the fact that, while the illegal nature of certain types of content can be easily established, the decision is more difficult for other types of content as it requires contextualisation; warns that current automated tools are not capable of critical analysis and of adequately grasping the importance of context for specific pieces of content, which could lead to unnecessary takedowns and harm the freedom of expression and the access to diverse information, including on political views, thus resulting in censorship; highlights that human review of automated reports by service providers or their contractors does fully not solve this problem, especially if it is outsourced to private staff that lack sufficient independence, qualification and accountability; |
| --- | --- |

12.

| 13. | Notes with concern that illegal content online can easily and quickly be multiplied and its negative impact therefore amplified within a very short period of time; nevertheless believes that the Digital Services Act should not contain any obligation for hosting service providers or other technical intermediaries to use automated tools in content moderation; |
| --- | --- |

13.

| 14. | Recalls that illegal content online should not only be removed by online platforms, but should also be followed up by law enforcement and the judiciary where criminal acts are concerned; calls on the Commission to consider obliging online platforms to report serious crime to the competent authority when they have received knowledge of such a crime; finds, in this regard, that a key issue in some Member States is not the fact that they only have unresolved cases but also unopened ones; calls for barriers to filing complaints with the competent authorities to be removed; is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities, as well as cross-border cooperation between national competent authorities, should be improved and based on the principles of necessity and proportionality; stresses, in this regard, the need to respect the legal order of the EU and the established principles of cross-border cooperation and mutual trust; calls on Member States to equip their law enforcement and judicial authorities with the necessary expertise, resources and tools to allow them to effectively and efficiently deal with the increasing number of cases involving illegal content online and with dispute resolution concerning the taking offline of content, and to improve access to justice in the area of digital services; |
| --- | --- |

14.

| 15. | Underlines that a specific piece of content may be deemed illegal in one Member State but is covered by the right to freedom of expression in another; highlights that in order to protect freedom of speech, to avoid conflicts of laws, to avert unjustified and ineffective geo-blocking and to aim for a harmonised digital single market, hosting service providers should not be required to remove or disable access to information that is legal in the Member State that they are established in, or where their designated legal representative resides or is established; recalls that national authorities can only enforce removal orders by independent competent authorities addressed to service providers established in their territory; considers it necessary to strengthen the mechanisms of cooperation between the Member States with the support of the Commission and relevant Union agencies; calls for a structured dialogue between Member States in order to determine the risk of specific types of content and to identify potential differences in assessment of such risks between Member States; |
| --- | --- |

15.

| 16. | Underlines that illegal content should be removed where it is hosted, and that mere conduit intermediaries should not be required to block access to content; |
| --- | --- |

16.

| 17. | Strongly believes that the current EU legal framework governing digital services should be updated with a view to addressing the challenges posed by the fragmentation between the Member States and new technologies, such as the prevalence of profiling and algorithmic decision-making that permeates all areas of life, as well as ensuring legal clarity and respect for fundamental rights, in particular the freedom of expression and the right to privacy in a futureproof manner given the rapid development of technology; |
| --- | --- |

17.

| 18. | Welcomes the Commission’s commitment to introducing a harmonised approach addressing obligations for digital service providers, including online intermediaries, in order to avoid fragmentation of the internal market and inconsistent enforcement of regulations; calls on the Commission to propose the most efficient and effective solutions for the internal market as a whole, while avoiding new unnecessary administrative burdens and keeping the digital single market open, fair, safe and competitive for all its participants; stresses that the liability regime for digital service providers must be proportionate, must not disadvantage small and medium-sized providers and must not unreasonably limit innovation and access to information; |
| --- | --- |

18.

| 19. | Considers that the reform should build on the solid foundation of and full compliance with existing EU law, especially the General Data Protection Regulation and the Directive on privacy and electronic communications, which is currently under revision, and respect the primacy of other sector-specific instruments such as the Audiovisual Media Services Directive; underlines that the modernisation of the e-commerce rules can affect fundamental rights; therefore urges the Commission to be extremely vigilant in its approach and to also integrate international human rights standards into its revision; |
| --- | --- |

19.

| 20. | Highlights that the practical capacity of individual users to understand and navigate the complexity of the data ecosystems is extremely limited, as is their ability to identify whether the information they receive and services they use are made available to them on the same terms as to other users; calls, therefore, on the Commission to place transparency and non-discrimination at the heart of the Digital Services Act; |
| --- | --- |

20.

| 21. | Insists that the Digital Services Act must aim to ensure a high level of transparency as regards the functioning of online services and a digital environment free of discrimination; stresses that, besides the existing strong regulatory framework that protects privacy and personal data, an obligation for online platforms is needed to ensure the legitimate use of algorithms; calls, therefore, on the Commission to develop a regime based on the e-Commerce Directive that clearly frames the responsibility of service providers to address the risks faced by their users and to protect their rights and to provide for an obligation of transparency and explainability of algorithms, penalties to enforce such obligations, the possibility of human intervention and other measures such as annual independent audits and specific stress tests to assist and enforce compliance; |
| --- | --- |

21.

| 22. | Stresses that some digital service providers have to be able to identify users unambiguously in an equivalent manner to offline services; notes an unnecessary collection of personal data, such as mobile phone numbers, by online platforms at the point of registration for a service, often caused by the use of single sign-in possibilities; underlines that the GDPR clearly describes the data minimisation principle, thereby limiting the collected data to only that strictly necessary for the purpose; recommends that online platforms that support a single sign-in service with a dominant market share should be required to also support at least one open identity system based on a non-proprietary, decentralised and interoperable framework; |
| --- | --- |

22.

| 23. | Underlines that where a certain type of official identification is needed offline, an equivalent secure online electronic identification system needs to be created; believes that online identification can be improved by enforcing eIDAS Regulation’scross-border interoperability of electronic identifications across the European Union; asks the Commission to explore the creation of a single European sign-in system as an alternative to private single sign-in systems and to introduce an obligation for digital services to always also offer a manual sign-in option, set by default; underlines that this service should be developed so that the collection of identifiable sign-in data by the sign-in service provider is technically impossible and data gathered is kept to an absolute minimum; recommends, therefore, that the Commission also explore the creation of a verification system for users of digital services, in order to ensure the protection of personal data and age verification, especially for minors, which should not be used commercially or to track the users cross-site; stresses that these sign-in and verification systems should apply only to digital services that require personal identification, authentication or age verification; recalls that the Member States and Union institutions have to guarantee that electronic identifications are secure, transparent, process only the data necessary for the identification of the user and are used for a legitimate purpose only and are not used commercially, and are not used to restrain general access to the internet or to track the users cross-site; |
| --- | --- |

23.

| 24. | Deems it indispensable to have the full harmonisation and clarification of rules on liability at EU level to guarantee the respect of fundamental rights and the freedoms of users across the EU; believes that such rules should maintain liability exemptions for intermediaries that do not have actual knowledge of the illegal activity or information on their platforms; expresses its concern that recent national laws to tackle hate speech and disinformation lead to an increasing fragmentation of rules and to a lower level of fundamental rights protection in the EU; |
| --- | --- |

24.

| 25. | Calls, to this end, for legislative proposals that keep the digital single market open and competitive by providing harmonised requirements for digital service providers to apply effective, coherent, transparent and fair procedures and procedural safeguards to address illegal content in line with national and European law, including via a harmonised notice-and-action procedure; |
| --- | --- |

25.

| 26. | Believes, in this regard, that it is crucial for online platforms to be provided with clear rules, requirements and safeguards with regard to liability for third-party content; proposes that a common regulatory framework be put in place in order to efficiently identify and remove illegal content; |
| --- | --- |

26.

| 27. | Highlights that rules on notice-and-action mechanisms should be complemented by requirements for platforms to take specific measures that are proportionate to their scale of reach as well as their technical and operational capacities in order to effectively address the appearance of illegal content on their services; recognises, therefore, where technologically feasible, on the basis of sufficiently substantiated orders by independent competent public authorities, and taking full account of the specific context of the content, that digital service providers may be required to execute periodic searches for distinct pieces of content that a court had already declared unlawful, provided that the monitoring of and search for the information concerned by such an injunction are limited to information conveying a message whose content remains essentially unchanged compared with the content which gave rise to the finding of illegality and containing the elements specified in the injunction, which, in line with the judgment of the Court of Justice of 3 October 2019 in case C-18/18 (8), are identical or equivalent to the extent that would not require the host provider to carry out an independent assessment of that content; |
| --- | --- |

27.

| 28. | Maintains that the choice of the concrete measures should be left to the platforms; supports a balanced approach based on a dialogue with stakeholders and an assessment of the risks incurred by the platforms, as well as a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, in particular the freedom of expression, access to information, including on political ideas, and the right to privacy; stresses that certain obligations can be further specified by sectoral legislation; emphasises that any measure put in place to this end cannot constitute, either de jure or de facto, a general monitoring requirement; |
| --- | --- |

28.

| 29. | Stresses the need for appropriate safeguards and due process obligations, including a requirement for human oversight and verification, in addition to counter notice procedures, to allow content owners and uploaders to defend their rights adequately and in a timely manner, and to ensure that removal or blocking decisions are legal, accurate, well-founded, protect users and respect fundamental rights; highlights that persons who systematically and repeatedly submit wrongful or abusive notices should be sanctioned; recalls that besides counter-notice procedures and out-of-court dispute settlements by platforms in accordance with the internal complaints system, the possibility of effective judicial redress should remain available to satisfy the right to effective remedy; |
| --- | --- |

29.

| 30. | Supports the preservation of the current framework on the limited liability for content and the country of origin principle, but considers improved coordination for removal requests between national competent authorities to be essential; underlines that illegal content should be removed where it is hosted; emphasises that such requests should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; highlights that removal requests from competent authorities should be specific and clearly state the legal basis for removal; stresses that an effective oversight and enforcement mechanism, including proportionate sanctions taking into account their technical and operational capacities, should apply to those service providers that fail to comply with lawful orders; |
| --- | --- |

30.

| 31. | Recalls that digital service providers must not be legally required to retain personal data of their users or subscribers for law enforcement purposes, unless a targeted retention is ordered by an independent competent authority in full respect of Union law and CJEU jurisprudence; further recalls that such retention of data should be limited to what is strictly necessary with respect to the categories of data to be retained, the means of communication affected, the persons concerned and the retention period adopted; |
| --- | --- |

31.

| 32. | Believes that in order to protect fundamental rights, the Digital Services Act should introduce rules aiming to ensure that the terms of service of digital service providers are clear, transparent, fair and made available in an easy and accessible manner to users; deplores the fact that the terms of service of some content platforms force law enforcement officers to use personal accounts to investigate certain complaints, which poses a threat both to these investigations and to personal safety, calls for more efficient coordination between Member States regarding the follow up of law enforcement on flagged illegal content; recalls that take-down-orders from independent competent authorities have to always be based on law, not on the terms of service of the service providers; |
| --- | --- |

32.

| 33. | Calls on the Commission to ensure that users have access to diverse and quality content online as a means towards ensuring that citizens are adequately informed; expects the Digital Services Act to ensure that quality media content is easy to access and easy to find on third-party platforms and that removals of content are in line with human rights standards and limited to content that is manifestly illegal or has been found illegal by an independent competent authority; stresses that legal content should not be subject to any legal removal or blocking obligations; |
| --- | --- |

33.

| 34. | Supports greater dialogue between the Member States, competent authorities and relevant stakeholders with the aim of developing, evaluating and improving soft law approaches, such as the EU Code of Practice on Disinformation, in order to further address categories of legal content, including disinformation; expects the Commission to issue guidelines including increased transparency rules on content moderation and advertising policy in a specific instrument accompanying the Digital Services Act to ensure that the removal and the blocking of legal content on the basis of terms and conditions are limited to the absolute minimum; calls, further, on the Commission to establish a framework that prohibits platforms from exercising a second layer of control over content that is provided under a media service provider’s responsibility and that is subject to specific standards and oversight; |
| --- | --- |

34.

| 35. | Emphasises, moreover, that users should be given more choice and control with regard to the content that they see, including more options on the way content is ranked to them and the possibility to opt-out from any content curation; strongly believes that the design and performance of recommendation systems should be user-friendly and subject to full transparency; |
| --- | --- |

35.

| 36. | Deems that accountability, both in the private and public sector, and evidence-based policy making require robust data on the incidence and the tackling of illegal activity and the removal of illegal content online, as well as robust data on the content curation algorithms of online platforms; |
| --- | --- |

36.

| 37. | Calls, in this regard, for an annual, comprehensive and consistent public reporting obligation for platforms, proportionate to their scale of reach and operational capacities, more specifically on their content moderation procedures, including information on adopted measures against illegal activities online and standardised data on the amount of content removed and the underlying legal reasons and bases, the type and justification of removal requests received, the number of requests whose execution was refused and the reasons therefore; stresses that such reports, covering actions taken in a given year, should be submitted by the end of the first quarter of the following year; |
| --- | --- |

37.

| 38. | Calls, moreover, for an annual public reporting obligation for national authorities, including standardised data on the number of removal requests and their legal bases, on the number of removal requests that were subject to administrative or judicial remedies, on the outcome of these proceedings, with a mention of the outcomes that specified content or activities wrongly identified as illegal, and on the total number of decisions imposing penalties, including a description of the type of penalty imposed; |
| --- | --- |

38.

| 39. | Expresses its concern regarding the fragmentation and the documented lack of financial and human resources for the supervision and oversight bodies; calls for increased cooperation between the Member States with regard to regulatory oversight of digital services; |
| --- | --- |

39.

| 40. | Considers that in order to guarantee proper enforcement of the Digital Services Act, the oversight of compliance with procedures, procedural safeguards and transparency obligations laid down in this act should be harmonised within the digital single market; supports, in this regard, strong and rigorous enforcement by an independent EU oversight structure that has the competence to impose fines on the basis of an assessment of a clearly defined set of factors, such as proportionality, technical and organisational measures, and negligence; believes that this should include the possibility for fines to be based on a percentage of the annual global turnover of the company; |
| --- | --- |

40.

| 41. | Stresses that audits of digital service providers’ internal policies and algorithms should be made with due regard to Union law, in particular to the fundamental rights of the services’ users, taking into account the importance of non-discrimination and the freedom of expression and information in an open and democratic society, and without publishing commercially sensitive data; urges that there is the need to assess, upon complaint or upon initiative of the oversight bodies, whether and how digital service providers amplify content, for example through recommendation engines and optimisation features such as autocomplete and trending; |
| --- | --- |

41.

| 42. | Considers that the transparency reports drawn up by platforms and national competent authorities should be made publicly available and analysed for structural trends in removal, detection and blocking at EU level; |
| --- | --- |

42.

| 43. | Underlines the importance of empowering users to enforce their own fundamental rights online, including by means of easily accessible, impartial, transparent, efficient and free complaint procedures, reporting mechanisms for illegal content and criminal behaviour for individuals and companies, legal remedies, educational measures and awareness-raising on data protection issues and child online safety; |
| --- | --- |

43.

| 44. | Believes that past experience has proved the effectiveness of allowing innovative business models to flourish and of strengthening the digital single market by removing barriers to the free movement of digital services and preventing the introduction of new, unjustified national barriers, and that the continuation of this approach would reduce the fragmentation of the internal market; considers, furthermore, that the Digital Services Act can offer opportunities to develop citizens’ knowledge and skills in the field of digitalisation, while at the same time guaranteeing a high level of consumer protection, including by safeguarding online safety; |
| --- | --- |

44.

| 45. | Emphasises the indispensability of agreed standards of essential security in cyberspace in order for digital services to provide their full benefits to citizens; notes, therefore, the urgent need for the Member States to take coordinated action to ensure basic cyber hygiene and to prevent avoidable dangers in cyberspace, including through legislative measures; |
| --- | --- |

45.

| 46. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

46.

---

(1)  OJ L 178, 17.7.2000, p. 1.

(2)  OJ L 119, 4.5.2016, p. 1.

(3)  OJ L 201, 31.7.2002, p. 37.

(4)  OJ L 303, 28.11.2018, p. 69.

(5)  OJ L 130, 17.5.2019, p. 92.

(6)  OJ L 63, 6.3.2018, p. 50.

(7)  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).

(8)  Judgment of the Court of Justice of 3 October 2019, Eva Glawischnig-Piesczek v Facebook Ireland Limited, C-18/18, EU:C:2019:821

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| 6.10.2021 | EN | Official Journal of the European Union | C 404/63 |
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6.10.2021

EN

Official Journal of the European Union

C 404/63

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P9_TA(2020)0275

Framework of ethical aspects of artificial intelligence, robotics and related technologies

European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies (2020/2012(INL))

(2021/C 404/04)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 114 of the Treaty on the Functioning of the European Union, |
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—

having regard to Article 114 of the Treaty on the Functioning of the European Union,

| — | having regard to the Charter of Fundamental Rights of the European Union, |
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—

having regard to the Charter of Fundamental Rights of the European Union,

| — | having regard to Council Regulation (EU) 2018/1488 of 28 September 2018 establishing the European High Performance Computing Joint Undertaking (1), |
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—

having regard to Council Regulation (EU) 2018/1488 of 28 September 2018 establishing the European High Performance Computing Joint Undertaking (1),

| — | having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2) (Racial Equality Directive), |
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—

having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2) (Racial Equality Directive),

| — | having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (3) (Equal Treatment in Employment Directive), |
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—

having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (3) (Equal Treatment in Employment Directive),

| — | having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (4) (GDPR), and to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (5), |
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—

having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (4) (GDPR), and to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (5),

| — | having regard to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (6), |
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—

having regard to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (6),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council of 6 June 2018 establishing the Digital Europe Programme for the period 2021-2027 (COM(2018)0434), |
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—

having regard to the proposal for a regulation of the European Parliament and of the Council of 6 June 2018 establishing the Digital Europe Programme for the period 2021-2027 (COM(2018)0434),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019 on The European Green Deal (COM(2019)0640), |
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—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019 on The European Green Deal (COM(2019)0640),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 on Artificial Intelligence — A European approach to excellence and trust (COM(2020)0065), |
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—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 on Artificial Intelligence — A European approach to excellence and trust (COM(2020)0065),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 on A European strategy for data (COM(2020)0066), |
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—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 on A European strategy for data (COM(2020)0066),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 on Shaping Europe’s digital future (COM(2020)0067), |
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—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 on Shaping Europe’s digital future (COM(2020)0067),

| — | having regard to the Council of the European Union’s conclusions on Shaping Europe’s Digital future of June 2020, |
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—

having regard to the Council of the European Union’s conclusions on Shaping Europe’s Digital future of June 2020,

| — | having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (7), |
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—

having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (7),

| — | having regard to its resolution of 1 June 2017 on digitising European industry (8), |
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—

having regard to its resolution of 1 June 2017 on digitising European industry (8),

| — | having regard to its resolution of 12 September 2018 on autonomous weapon systems (9), |
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—

having regard to its resolution of 12 September 2018 on autonomous weapon systems (9),

| — | having regard to its resolution of 11 September 2018 on language equality in the digital age (10), |
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—

having regard to its resolution of 11 September 2018 on language equality in the digital age (10),

| — | having regard to its resolution of 12 February 2019 on a comprehensive European industrial policy on artificial intelligence and robotics (11), |
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—

having regard to its resolution of 12 February 2019 on a comprehensive European industrial policy on artificial intelligence and robotics (11),

| — | having regard to the report of 8 April 2019 of the High-Level Expert Group on Artificial Intelligence set up by the Commission entitled ‘Ethics Guidelines for Trustworthy AI’, |
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—

having regard to the report of 8 April 2019 of the High-Level Expert Group on Artificial Intelligence set up by the Commission entitled ‘Ethics Guidelines for Trustworthy AI’,

| — | having regard to the European Added Value Assessment study carried out by the European Parliamentary Research Service, entitled ‘European framework on ethical aspects of artificial intelligence, robotics and related technologies: European Added Value Assessment’ (12), |
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—

having regard to the European Added Value Assessment study carried out by the European Parliamentary Research Service, entitled ‘European framework on ethical aspects of artificial intelligence, robotics and related technologies: European Added Value Assessment’ (12),

| — | having regard to the briefings and studies prepared at the request of the Panel for the Future of Science and Technology (STOA), managed by the Scientific Foresight Unit within the European Parliamentary Research Service, entitled ‘What if algorithms could abide by ethical principles?’, ‘Artificial Intelligence ante portas: Legal & ethical reflections’, ‘A governance framework for algorithmic accountability and transparency’, ‘Should we fear artificial intelligence?’ and ‘The ethics of artificial intelligence: Issues and initiatives’, |
| --- | --- |

—

having regard to the briefings and studies prepared at the request of the Panel for the Future of Science and Technology (STOA), managed by the Scientific Foresight Unit within the European Parliamentary Research Service, entitled ‘What if algorithms could abide by ethical principles?’, ‘Artificial Intelligence ante portas: Legal & ethical reflections’, ‘A governance framework for algorithmic accountability and transparency’, ‘Should we fear artificial intelligence?’ and ‘The ethics of artificial intelligence: Issues and initiatives’,

| — | having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities, Protocol No 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, and the European Charter for Regional or Minority Languages, |
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—

having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities, Protocol No 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, and the European Charter for Regional or Minority Languages,

| — | having regard to the OECD Council Recommendation on Artificial Intelligence adopted on 22 May 2019, |
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—

having regard to the OECD Council Recommendation on Artificial Intelligence adopted on 22 May 2019,

| — | having regard to Rules 47 and 54 of its Rules of Procedure, |
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—

having regard to Rules 47 and 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Foreign Affairs, the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism, the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety and the Committee on Culture and Education, |
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—

having regard to the opinions of the Committee on Foreign Affairs, the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism, the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety and the Committee on Culture and Education,

| — | having regard to the report of the Committee on Legal Affairs (A9-0186/2020), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0186/2020),

Introduction

| A. | whereas the development, deployment and use of artificial intelligence (also referred to as ‘AI’), robotics and related technologies is carried out by humans, and their choices determine the potential of such technologies to benefit society; |
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A.

whereas the development, deployment and use of artificial intelligence (also referred to as ‘AI’), robotics and related technologies is carried out by humans, and their choices determine the potential of such technologies to benefit society;

| B. | whereas artificial intelligence, robotics and related technologies that have the potential to generate opportunities for businesses and benefits for citizens and that can directly impact all aspects of our societies, including fundamental rights and social and economic principles and values, as well as have a lasting influence on all areas of activity, are being promoted and developed quickly; |
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B.

whereas artificial intelligence, robotics and related technologies that have the potential to generate opportunities for businesses and benefits for citizens and that can directly impact all aspects of our societies, including fundamental rights and social and economic principles and values, as well as have a lasting influence on all areas of activity, are being promoted and developed quickly;

| C. | whereas artificial intelligence, robotics and related technologies will lead to substantial changes to the labour market and in the workplace; whereas they can potentially replace workers performing repetitive activities, facilitate human-machine collaborative working systems, increase competitiveness and prosperity and create new job opportunities for qualified workers, while at the same time posing a serious challenge in terms of reorganisation of the workforce; |
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C.

whereas artificial intelligence, robotics and related technologies will lead to substantial changes to the labour market and in the workplace; whereas they can potentially replace workers performing repetitive activities, facilitate human-machine collaborative working systems, increase competitiveness and prosperity and create new job opportunities for qualified workers, while at the same time posing a serious challenge in terms of reorganisation of the workforce;

| D. | whereas the development of artificial intelligence, robotics and related technologies can also contribute to reaching the sustainability goals of the European Green Deal in many different sectors; whereas digital technologies can boost the impact of policies as regards environmental protection; whereas they can also contribute to reducing traffic congestion and emissions of greenhouse gases and air pollutants; |
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D.

whereas the development of artificial intelligence, robotics and related technologies can also contribute to reaching the sustainability goals of the European Green Deal in many different sectors; whereas digital technologies can boost the impact of policies as regards environmental protection; whereas they can also contribute to reducing traffic congestion and emissions of greenhouse gases and air pollutants;

| E. | whereas, for sectors like public transport, AI-supported intelligent transport systems can be used to minimise queuing, optimise routing, enable persons with disabilities to be more independent, and increase energy efficiency thereby enhancing decarbonisation efforts and reducing the environmental footprint; |
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E.

whereas, for sectors like public transport, AI-supported intelligent transport systems can be used to minimise queuing, optimise routing, enable persons with disabilities to be more independent, and increase energy efficiency thereby enhancing decarbonisation efforts and reducing the environmental footprint;

| F. | whereas these technologies bring about new business opportunities which can contribute to the recovery of Union industry after the current health and economic crisis if greater use is made of them, for instance, in the transport industry; whereas such opportunities can create new jobs, as the uptake of these technologies has the potential to increase businesses' productivity levels and contribute to efficiency gains; whereas innovation programmes in this area can enable regional clusters to thrive; |
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F.

whereas these technologies bring about new business opportunities which can contribute to the recovery of Union industry after the current health and economic crisis if greater use is made of them, for instance, in the transport industry; whereas such opportunities can create new jobs, as the uptake of these technologies has the potential to increase businesses' productivity levels and contribute to efficiency gains; whereas innovation programmes in this area can enable regional clusters to thrive;

| G. | whereas the Union and its Member States have a particular responsibility to harness, promote and enhance the added value of artificial intelligence and make sure that AI technologies are safe and contribute to the well-being and general interest of their citizens as they can make a huge contribution to reaching the common goal of improving the lives of citizens and fostering prosperity within the Union, by contributing to the development of better strategies and innovation in a number of areas and sectors; whereas, in order to exploit the full potential of artificial intelligence and make users aware of the benefits and challenges that AI technologies bring, it is necessary to include AI or digital literacy in education and training, including in terms of promoting digital inclusion, and to conduct information campaigns at Union level that give an accurate representation of all aspects of AI development; |
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G.

whereas the Union and its Member States have a particular responsibility to harness, promote and enhance the added value of artificial intelligence and make sure that AI technologies are safe and contribute to the well-being and general interest of their citizens as they can make a huge contribution to reaching the common goal of improving the lives of citizens and fostering prosperity within the Union, by contributing to the development of better strategies and innovation in a number of areas and sectors; whereas, in order to exploit the full potential of artificial intelligence and make users aware of the benefits and challenges that AI technologies bring, it is necessary to include AI or digital literacy in education and training, including in terms of promoting digital inclusion, and to conduct information campaigns at Union level that give an accurate representation of all aspects of AI development;

| H. | whereas a common Union regulatory framework for the development, deployment and use of artificial intelligence, robotics and related technologies (‘regulatory framework for AI’) should allow citizens to share the benefits drawn from their potential, while protecting citizens from the potential risks of such technologies and promoting the trustworthiness of such technologies in the Union and elsewhere; whereas that framework should be based on Union law and values and guided by the principles of transparency, explainability, fairness, accountability and responsibility; |
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H.

whereas a common Union regulatory framework for the development, deployment and use of artificial intelligence, robotics and related technologies (‘regulatory framework for AI’) should allow citizens to share the benefits drawn from their potential, while protecting citizens from the potential risks of such technologies and promoting the trustworthiness of such technologies in the Union and elsewhere; whereas that framework should be based on Union law and values and guided by the principles of transparency, explainability, fairness, accountability and responsibility;

| I. | whereas such a regulatory framework is of key importance in avoiding the fragmentation of the Internal Market resulting from differing national legislation and will help foster much needed investment, develop data infrastructure and support research; whereas it should consist of common legal obligations and ethical principles as laid down in the proposal for a Regulation requested in the annex to this resolution; whereas it should be established according to the better regulation guidelines; |
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I.

whereas such a regulatory framework is of key importance in avoiding the fragmentation of the Internal Market resulting from differing national legislation and will help foster much needed investment, develop data infrastructure and support research; whereas it should consist of common legal obligations and ethical principles as laid down in the proposal for a Regulation requested in the annex to this resolution; whereas it should be established according to the better regulation guidelines;

| J. | whereas the Union has a strict legal framework in place to ensure, inter alia, the protection of personal data and privacy and non-discrimination, to promote gender equality, environmental protection and consumers’ rights; whereas such a legal framework consisting of an extensive body of horizontal and sectorial legislation, including the existing rules on product safety and liability, will continue to apply in relation to artificial intelligence, robotics and related technologies, although certain adjustments of specific legal instruments may be necessary to reflect the digital transformation and address new challenges posed by the use of artificial intelligence; |
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J.

whereas the Union has a strict legal framework in place to ensure, inter alia, the protection of personal data and privacy and non-discrimination, to promote gender equality, environmental protection and consumers’ rights; whereas such a legal framework consisting of an extensive body of horizontal and sectorial legislation, including the existing rules on product safety and liability, will continue to apply in relation to artificial intelligence, robotics and related technologies, although certain adjustments of specific legal instruments may be necessary to reflect the digital transformation and address new challenges posed by the use of artificial intelligence;

| K. | whereas there are concerns that the current Union legal framework, including the consumer law and employment and social acquis, data protection legislation, product safety and market surveillance legislation, as well as antidiscrimination legislation, may no longer be fit for purpose to effectively tackle the risks created by artificial intelligence, robotics and related technologies; |
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K.

whereas there are concerns that the current Union legal framework, including the consumer law and employment and social acquis, data protection legislation, product safety and market surveillance legislation, as well as antidiscrimination legislation, may no longer be fit for purpose to effectively tackle the risks created by artificial intelligence, robotics and related technologies;

| L. | whereas in addition to adjustments to existing legislation, legal and ethical questions relating to AI technologies should be addressed through an effective, comprehensive and future-proof regulatory framework of Union law reflecting the Union’s principles and values as enshrined in the Treaties and the Charter of Fundamental Rights of the European Union (‘Charter’) that should refrain from over-regulation, by only closing existing legal loopholes, and increase legal certainty for businesses and citizens alike, namely by including mandatory measures to prevent practices that would undoubtedly undermine fundamental rights; |
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L.

whereas in addition to adjustments to existing legislation, legal and ethical questions relating to AI technologies should be addressed through an effective, comprehensive and future-proof regulatory framework of Union law reflecting the Union’s principles and values as enshrined in the Treaties and the Charter of Fundamental Rights of the European Union (‘Charter’) that should refrain from over-regulation, by only closing existing legal loopholes, and increase legal certainty for businesses and citizens alike, namely by including mandatory measures to prevent practices that would undoubtedly undermine fundamental rights;

| M. | whereas any new regulatory framework needs to take into consideration all the interests at stake; whereas careful examination of the consequences of any new regulatory framework on all actors in an impact assessment should be a prerequisite for further legislative steps; whereas the crucial role of small and medium-sized enterprises (SMEs) and start-ups especially in the Union economy justifies a strictly proportionate approach to enable them to develop and innovate; |
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M.

whereas any new regulatory framework needs to take into consideration all the interests at stake; whereas careful examination of the consequences of any new regulatory framework on all actors in an impact assessment should be a prerequisite for further legislative steps; whereas the crucial role of small and medium-sized enterprises (SMEs) and start-ups especially in the Union economy justifies a strictly proportionate approach to enable them to develop and innovate;

| N. | whereas artificial intelligence, robotics and related technologies can have serious implications for the material and immaterial integrity of individuals, groups, and society as a whole, and potential individual and collective harm must be addressed with legislative responses; |
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N.

whereas artificial intelligence, robotics and related technologies can have serious implications for the material and immaterial integrity of individuals, groups, and society as a whole, and potential individual and collective harm must be addressed with legislative responses;

| O. | whereas, in order to respect a Union regulatory framework for AI, specific rules for the Union’s transport sector may need to be adopted; |
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O.

whereas, in order to respect a Union regulatory framework for AI, specific rules for the Union’s transport sector may need to be adopted;

| P. | whereas AI technologies are of strategic importance for the transport sector, including due to them raising the safety and accessibility of all modes of transport, and creating new employment opportunities and more sustainable business models; whereas a Union approach to the development of artificial intelligence, robotics and related technologies in transport has the potential to increase the global competitiveness and strategic autonomy of the Union economy; |
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P.

whereas AI technologies are of strategic importance for the transport sector, including due to them raising the safety and accessibility of all modes of transport, and creating new employment opportunities and more sustainable business models; whereas a Union approach to the development of artificial intelligence, robotics and related technologies in transport has the potential to increase the global competitiveness and strategic autonomy of the Union economy;

| Q. | whereas human error is still involved in about 95 % of all road traffic accidents in the Union; whereas the Union aimed to reduce annual road fatalities in the Union by 50 % by 2020 compared to 2010, but, in view of stagnating progress, renewed its efforts in its EU Road Safety Policy Framework 2021-2030 — Next steps towards ‘Vision Zero’; whereas in this regard, AI, automation and other new technologies have great potential and vital importance for increasing road safety by reducing the possibilities for human error; |
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Q.

whereas human error is still involved in about 95 % of all road traffic accidents in the Union; whereas the Union aimed to reduce annual road fatalities in the Union by 50 % by 2020 compared to 2010, but, in view of stagnating progress, renewed its efforts in its EU Road Safety Policy Framework 2021-2030 — Next steps towards ‘Vision Zero’; whereas in this regard, AI, automation and other new technologies have great potential and vital importance for increasing road safety by reducing the possibilities for human error;

| R. | whereas the Union’s regulatory framework for AI should also reflect the need to ensure that workers’ rights are respected; whereas regard should be had to the European Social Partners Framework Agreement on Digitalisation of June 2020; |
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R.

whereas the Union’s regulatory framework for AI should also reflect the need to ensure that workers’ rights are respected; whereas regard should be had to the European Social Partners Framework Agreement on Digitalisation of June 2020;

| S. | whereas the scope of the Union’s regulatory framework for AI should be adequate, proportionate and thoroughly assessed; whereas it should cover a wide range of technologies and their components, including algorithms, software and data used or produced by them, a targeted risk-based approach is necessary to avoid hampering future innovation and the creation of unnecessary burdens, especially for SMEs; whereas the diversity of applications driven by artificial intelligence, robotics and related technologies complicates finding a single solution suitable for the entire spectrum of risks; |
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S.

whereas the scope of the Union’s regulatory framework for AI should be adequate, proportionate and thoroughly assessed; whereas it should cover a wide range of technologies and their components, including algorithms, software and data used or produced by them, a targeted risk-based approach is necessary to avoid hampering future innovation and the creation of unnecessary burdens, especially for SMEs; whereas the diversity of applications driven by artificial intelligence, robotics and related technologies complicates finding a single solution suitable for the entire spectrum of risks;

| T. | whereas data analysis and AI increasingly impact on the information made accessible to citizens; whereas such technologies, if misused, may endanger fundamental rights to freedom of expression and information as well as media freedom and pluralism; |
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T.

whereas data analysis and AI increasingly impact on the information made accessible to citizens; whereas such technologies, if misused, may endanger fundamental rights to freedom of expression and information as well as media freedom and pluralism;

| U. | whereas the geographical scope of the Union’s regulatory framework for AI should cover all the components of artificial intelligence, robotics and related technologies developed, deployed or used in the Union, including in cases where part of the technologies might be located outside the Union or not have a specific location; |
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U.

whereas the geographical scope of the Union’s regulatory framework for AI should cover all the components of artificial intelligence, robotics and related technologies developed, deployed or used in the Union, including in cases where part of the technologies might be located outside the Union or not have a specific location;

| V. | whereas the Union’s regulatory framework for AI should encompass all relevant stages, namely the development, the deployment and the use of the relevant technologies and their components, requiring due consideration of the relevant legal obligations and ethical principles and should set the conditions to make sure that developers, deployers and users are fully compliant with such obligations and principles; |
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V.

whereas the Union’s regulatory framework for AI should encompass all relevant stages, namely the development, the deployment and the use of the relevant technologies and their components, requiring due consideration of the relevant legal obligations and ethical principles and should set the conditions to make sure that developers, deployers and users are fully compliant with such obligations and principles;

| W. | whereas a harmonised approach to ethical principles relating to artificial intelligence, robotics and related technologies requires a common understanding in the Union of the concepts that form the basis of the technologies such as algorithms, software, data or biometric recognition; |
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W.

whereas a harmonised approach to ethical principles relating to artificial intelligence, robotics and related technologies requires a common understanding in the Union of the concepts that form the basis of the technologies such as algorithms, software, data or biometric recognition;

| X. | whereas action at Union level is justified by the need to avoid regulatory fragmentation or a series of national regulatory provisions with no common denominator, and to ensure a homogenous application of common ethical principles enshrined in law when developing, deploying and using high-risk artificial intelligence, robotics and related technologies; whereas clear rules are needed where the risks are significant; |
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X.

whereas action at Union level is justified by the need to avoid regulatory fragmentation or a series of national regulatory provisions with no common denominator, and to ensure a homogenous application of common ethical principles enshrined in law when developing, deploying and using high-risk artificial intelligence, robotics and related technologies; whereas clear rules are needed where the risks are significant;

| Y. | whereas common ethical principles are only efficient where they are also enshrined in law, and those responsible for ensuring, assessing and monitoring compliance are identified; |
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Y.

whereas common ethical principles are only efficient where they are also enshrined in law, and those responsible for ensuring, assessing and monitoring compliance are identified;

| Z. | whereas ethical guidance, such as the principles adopted by the High-Level Expert Group on Artificial Intelligence, provides a good starting point but cannot ensure that developers, deployers and users act fairly and guarantee the effective protection of individuals; whereas such guidance is all the more relevant with regard to high-risk artificial intelligence, robotics and related technologies; |
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Z.

whereas ethical guidance, such as the principles adopted by the High-Level Expert Group on Artificial Intelligence, provides a good starting point but cannot ensure that developers, deployers and users act fairly and guarantee the effective protection of individuals; whereas such guidance is all the more relevant with regard to high-risk artificial intelligence, robotics and related technologies;

| AA. | whereas each Member State should designate a national supervisory authority responsible for ensuring, assessing and monitoring the compliance of the development, deployment and use of high-risk artificial intelligence, robotics and related technologies with the Union’s regulatory framework for AI, and for allowing discussions and exchanges of views in close cooperation with relevant stakeholders and civil society; whereas national supervisory authorities should cooperate with each other; |
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AA.

whereas each Member State should designate a national supervisory authority responsible for ensuring, assessing and monitoring the compliance of the development, deployment and use of high-risk artificial intelligence, robotics and related technologies with the Union’s regulatory framework for AI, and for allowing discussions and exchanges of views in close cooperation with relevant stakeholders and civil society; whereas national supervisory authorities should cooperate with each other;

| AB. | whereas in order to ensure a harmonised approach across the Union and the optimal functioning of the Digital Single Market, coordination at Union level by the Commission, and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context, should be assessed as regards the new opportunities and challenges, in particular those of a cross-border nature, arising from ongoing technological developments; whereas, to this end, the Commission should be tasked with finding an appropriate solution to structure such coordination at Union level; |
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AB.

whereas in order to ensure a harmonised approach across the Union and the optimal functioning of the Digital Single Market, coordination at Union level by the Commission, and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context, should be assessed as regards the new opportunities and challenges, in particular those of a cross-border nature, arising from ongoing technological developments; whereas, to this end, the Commission should be tasked with finding an appropriate solution to structure such coordination at Union level;

Human-centric and human-made artificial intelligence

| 1. | Takes the view that, without prejudice to sector-specific legislation, an effective and harmonised regulatory framework based on Union law, the Charter and international human rights law, and applicable, in particular, to high-risk technologies, is necessary in order to establish equal standards throughout the Union and effectively protect Union values; |
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1.

| 2. | Believes that any new regulatory framework for AI consisting of legal obligations and ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies should fully respect the Charter and thereby respect human dignity, autonomy and self-determination of the individual, prevent harm, promote fairness, inclusion and transparency, eliminate biases and discrimination, including as regards minority groups, and respect and comply with the principles of limiting the negative externalities of technology used, of ensuring explainability of technologies, and of guaranteeing that the technologies are there to serve people and not replace or decide for them, with the ultimate aim of increasing every human being’s well-being; |
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2.

| 3. | Emphasises the asymmetry between those who employ AI technologies and those who interact and are subject to them; in this context, stresses that citizens’ trust in AI can only be built on an ethics-by-default and ethics-by-design regulatory framework which ensures that any AI put into operation fully respects and complies with the Treaties, the Charter and secondary Union law; considers that building on such an approach should be in line with the precautionary principle that guides Union legislation and should be at the heart of any regulatory framework for AI; calls, in this regard, for a clear and coherent governance model that allows companies and innovators to further develop artificial intelligence, robotics and related technologies; |
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3.

| 4. | Believes that any legislative action related to artificial intelligence, robotics and related technologies should be in line with the principles of necessity and proportionality; |
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4.

| 5. | Considers that such an approach will allow companies to introduce innovative products onto the market and create new opportunities, while ensuring the protection of Union values by leading to the development of AI systems which incorporate Union ethical principles by design; considers that such a values-based regulatory framework would represent added value by providing the Union with a unique competitive advantage and make a significant contribution to the well-being and prosperity of Union citizens and businesses by boosting the internal market; underlines that such a regulatory framework for AI will also represent added value as regards promoting innovation in the internal market; believes that for example, in the transport sector, this approach presents Union businesses with the opportunity to become global leaders in this area; |
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5.

| 6. | Notes that the Union’s legal framework should apply to artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies; |
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6.

| 7. | Notes that the opportunities based on artificial intelligence, robotics and related technologies rely on ‘Big Data’, with a need for a critical mass of data to train algorithms and refine results; welcomes in this regard the Commission’s proposal for the creation of a common data space in the Union to strengthen data exchange and support research in full respect of European data protection rules; |
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7.

| 8. | Considers that the current Union legal framework, in particular on protection and privacy and personal data, will need to fully apply to AI, robotics, and related technologies and needs to be reviewed and scrutinised on a regular basis and updated where necessary, in order to effectively tackle the risks created by these technologies, and, in this regard, could benefit from being supplemented with robust guiding ethical principles; points out that, where it would be premature to adopt legal acts, a soft law framework should be used; |
| --- | --- |

8.

| 9. | Expects the Commission to integrate a strong ethical approach into the legislative proposal requested in the annex to this resolution as a follow up to the White Paper on Artificial Intelligence, including on safety, liability and fundamental rights, which maximises the opportunities and minimises the risks of AI technologies; expects that the legislative proposal requested will include policy solutions to the major recognised risks of artificial intelligence including, amongst others, on the ethical collection and use of Big Data, the issue of algorithmic transparency and algorithmic bias; calls on the Commission to develop criteria and indicators to label AI technology, in order to stimulate transparency, explainability and accountability and incentivise the taking of additional precautions by developers; stresses the need to invest in integrating non-technical disciplines in AI study and research, taking into account the social context; |
| --- | --- |

9.

| 10. | Considers that artificial intelligence, robotics and related technologies must be tailored to human needs in line with the principle whereby their development, deployment and use should always be at the service of human beings and never the other way round, and should seek to enhance well-being and individual freedom, as well as preserve peace, prevent conflicts and strengthen international security, while at the same time maximising the benefits offered and preventing and reducing its risks; |
| --- | --- |

10.

| 11. | Declares that the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including but not exclusively by human beings, should always be ethically guided, and designed to respect and allow for human agency and democratic oversight, as well as allow the retrieval of human control when needed by implementing appropriate control measures; |
| --- | --- |

11.

Risk assessment

| 12. | Stresses that any future regulation should follow a differentiated and future oriented risk-based approach to regulating artificial intelligence, robotics and related technologies, including technology-neutral standards across all sectors, with sector-specific standards where appropriate; notes that, in order to ensure uniform implementation of the system of risk assessment and that there is compliance with related legal obligations to ensure a level-playing field among the Member States and to prevent fragmentation of the internal market, an exhaustive and cumulative list of high-risk sectors and high-risk uses or purposes is needed; stresses that such a list must be the subject of regular re-evaluation and notes that, given the evolving nature of these technologies, the way in which their risk assessment is carried out may need to be reassessed in the future; |
| --- | --- |

12.

| 13. | Considers that the determination of whether artificial intelligence, robotics and related technologies should be considered high-risk, and thus subject to mandatory compliance with legal obligations and ethical principles as laid down in the regulatory framework for AI, should always follow from an impartial, regulated and external ex-ante assessment based on concrete and defined criteria; |
| --- | --- |

13.

| 14. | Considers, in that regard, that artificial intelligence, robotics and related technologies should be considered high-risk when their development, deployment and use entail a significant risk of causing injury or harm to individuals or society, in breach of fundamental rights and safety rules as laid down in Union law; considers that, for the purposes of assessing whether AI technologies entail such a risk, the sector where they are developed, deployed or used, their specific use or purpose and the severity of the injury or harm that can be expected to occur should be taken into account; the first and second criteria, namely the sector and the specific use or purpose, should be considered cumulatively; |
| --- | --- |

14.

| 15. | Underlines that the risk assessment of these technologies should be done on the basis of an exhaustive and cumulative list of high-risk sectors and high-risk uses and purposes; strongly believes that there should be coherence within the Union when it comes to the risk assessment of these technologies, especially when they are assessed both in light of their compliance with the regulatory framework for AI and in accordance with any other applicable sector-specific legislation; |
| --- | --- |

15.

| 16. | Considers that this risk-based approach should be developed in a way that limits the administrative burden for companies, and SMEs in particular, as much as possible by using existing tools; such tools include but are not limited to the Data Protection Impact Assessment list as provided for in Regulation (EU) 2016/679; |
| --- | --- |

16.

Safety features, transparency and accountability

| 17. | Recalls that the right to information of consumers is anchored as a key principle under Union law and underlines that it therefore should be fully implemented in relation to artificial intelligence, robotics and related technologies; opines it should especially encompass transparency regarding interaction with artificial intelligence systems, including automation processes, and regarding their mode of functioning, capabilities, for example how information is filtered and presented, accuracy and limitations; considers that such information should be provided to the national supervisory authorities and national consumer protection authorities; |
| --- | --- |

17.

| 18. | Underlines that consumers’ trust is essential for the development and implementation of these technologies, which can carry inherent risks when they are based on opaque algorithms and biased data sets; believes that consumers should have the right to be adequately informed in an understandable, timely, standardised, accurate and accessible manner about the existence, reasoning, possible outcome and impacts for consumers of algorithmic systems, about how to reach a human with decision-making powers, and about how the system’s decisions can be checked, meaningfully contested and corrected; underlines, in this regard, the need to consider and respect the principles of information and disclosure on which the consumer law acquis has been built; considers it necessary to provide detailed information to end-users regarding the operation of transport systems and AI-supported vehicles; |
| --- | --- |

18.

| 19. | Notes that it is essential that the algorithms and data sets used or produced by artificial intelligence, robotics, and related technologies are explainable and, where strictly necessary and in full respect of Union legislation on data protection, privacy and intellectual property rights and trade secrets, accessible by public authorities such as national supervisory authorities and market surveillance authorities; further notes that, in accordance with the highest possible and applicable industry standards, documentation should be stored by those who are involved in the different stages of the development of high-risk technologies; notes the possibility that market surveillance authorities may have additional prerogatives in that respect; stresses in this respect the role of lawful reverse-engineering; considers that an examination of the current market surveillance legislation might be necessary to ensure that it responds ethically to the emergence of artificial intelligence, robotics and related technologies; |
| --- | --- |

19.

| 20. | Calls for a requirement for developers and deployers of high-risk technologies to, where a risk assessment so indicates, provide public authorities with the relevant documentation on the use and design and safety instructions, including, when strictly necessary and in full respect of Union legislation on data protection, privacy, intellectual property rights and trade secrets, source code, development tools and data used by the system; notes that such an obligation would allow for the assessment of their compliance with Union law and ethical principles and notes, in that respect, the example provided by the legal deposit of publications of a national library; notes the important distinction between transparency of algorithms and transparency of the use of algorithms; |
| --- | --- |

20.

| 21. | Further notes that, in order to respect human dignity, autonomy and safety, due consideration should be given to vital and advanced medical appliances and the need for independent trusted authorities to retain the means necessary to provide services to persons carrying these appliances, where the original developer or deployer no longer provides them; for example; such services would include maintenance, repairs and enhancements, including software updates that fix malfunctions and vulnerabilities; |
| --- | --- |

21.

| 22. | Maintains that high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, regardless of the field in which they are developed, deployed and used, should be developed by design in a secure, traceable, technically robust, reliable, ethical and legally binding manner and be subject to independent control and oversight; considers especially that all players throughout the development and supply chains of artificial intelligence products and services should be legally accountable and highlights the need for mechanisms to ensure liability and accountability; |
| --- | --- |

22.

| 23. | Underlines that regulation and guidelines concerning explainability, auditability, traceability and transparency, as well as, where so required by a risk assessment and strictly necessary and while fully respecting Union law such as that concerning data protection, privacy, intellectual property rights and trade secrets, access by public authorities to technology, data and computing systems underlying such technologies, are essential to ensuring citizens’ trust in those technologies, even if the degree of explainability is relative to the complexity of the technologies; points out that it is not always possible to explain why a model has led to a particular result or decision, black box algorithms being a case in point; considers, therefore, that the respect of these principles is a precondition to guarantee accountability; |
| --- | --- |

23.

| 24. | Considers that citizens, including consumers, should be informed when interacting with a system using artificial intelligence in particular to personalise a product or service for its users, whether and how they can switch off or limit such personalisation; |
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24.

| 25. | Points out in this regard that, if they are to be trustworthy, artificial intelligence, robotics and their related technologies must be technically robust and accurate; |
| --- | --- |

25.

| 26. | Stresses that the protection of networks of interconnected AI and robotics is important and strong measures must be taken to prevent security breaches, data leaks, data poisoning, cyber-attacks and the misuse of personal data, and that this will require the relevant agencies, bodies and institutions both at Union and national level to work together and in cooperation with end users of these technologies; calls on the Commission and Member States to ensure that Union values and respect for fundamental rights are observed at all times when developing and deploying AI technology in order to ensure the security and resilience of the Union’s digital infrastructure; |
| --- | --- |

26.

Non-bias and non-discrimination

| 27. | Recalls that artificial intelligence, depending on how it is developed and used, has the potential to create and reinforce biases, including through inherent biases in the underlying datasets, and therefore, create various forms of automated discrimination, including indirect discrimination, concerning in particular groups of people with similar characteristics; calls on the Commission and the Member States to take any possible measure to avoid such biases and to ensure the full protection of fundamental rights; |
| --- | --- |

27.

| 28. | Is concerned by the risks of biases and discrimination in the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies; recalls that, in all circumstances, they should respect Union law, as well as human rights and dignity, and autonomy and self-determination of the individual, and ensure equal treatment and non-discrimination for all; |
| --- | --- |

28.

| 29. | Stresses that AI technologies should be designed to respect, serve and protect Union values and physical and mental integrity, uphold the Union’s cultural and linguistic diversity and help satisfy essential needs; underlines the need to avoid any use that might lead to inadmissible direct or indirect coercion, threaten to undermine psychological autonomy and mental health or lead to unjustified surveillance, deception or inadmissible manipulation; |
| --- | --- |

29.

| 30. | Firmly believes that the fundamental human rights enshrined in the Charter should be strictly respected so as to ensure that these emerging technologies do not create gaps in terms of protection; |
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30.

| 31. | Affirms that possible bias in and discrimination by software, algorithms and data can cause manifest harm to individuals and to society, therefore they should be addressed by encouraging the development and sharing of strategies to counter these, such as de-biasing datasets in research and development, and by the development of rules on data processing; considers this approach to have the potential to turn software, algorithms and data into an asset in fighting bias and discrimination in certain situations, and a force for equal rights and positive social change; |
| --- | --- |

31.

| 32. | Maintains that ethical values of fairness, accuracy, confidentiality and transparency should be the basis of these technologies, which in this context entails that their operations should be such that they do not generate biased outputs; |
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32.

| 33. | Underlines the importance of the quality of data sets used for artificial intelligence, robotics and related technologies depending on their context, especially regarding the representativeness of the training data, on the de-biasing of data sets, on the algorithms used, and on data and aggregation standards; stresses that those data sets should be auditable by national supervisory authorities whenever called upon to ensure their conformity with the previously referenced principles; |
| --- | --- |

33.

| 34. | Highlights that, in the context of the widespread disinformation war, particularly driven by non-European actors, AI technologies might have ethically adverse effects by exploiting biases in data and algorithms or by deliberately altering training data by a third country, and could be also exposed to other forms of dangerous malign manipulation in unpredictable ways and with incalculable consequences; there is therefore an increased need for the Union to continue investment in research, analysis, innovation and cross-border and cross-sector knowledge transfer in order to develop AI technologies that would be clearly free of any sort of profiling, bias and discrimination, and could effectively contribute to combating fake news and disinformation, while at the same time respecting data privacy and the Union’s legal framework; |
| --- | --- |

34.

| 35. | Recalls the importance of ensuring effective remedies for individuals and calls on the Member States to ensure that accessible, affordable, independent and effective procedures and review mechanisms are available to guarantee an impartial human review of all claims of violations of citizens’ rights, such as consumer or civil rights, through the use of algorithmic systems, whether stemming from public or private sector actors; underlines the importance of the draft Directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC on which a political agreement was reached on 22 June 2020, as regards future cases challenging the introduction or ongoing use of a AI system entailing a risk of violating consumer rights, or seeking remedies for a violation of rights; asks the Commission and the Member States to ensure that national and Union consumer organisations have sufficient funding to assist consumers in exercising their right to a remedy in cases where their rights have been violated; |
| --- | --- |

35.

| 36. | Considers therefore that any natural or legal person should be able to seek redress for a decision made by artificial intelligence, robotics or related technology to his or her detriment in breach of Union or national law; |
| --- | --- |

36.

| 37. | Considers that, as a first point of contact in cases of suspected breaches of the Union’s regulatory framework in this context, national supervisory authorities could equally be addressed by consumers with requests for redress in view of ensuring the effective enforcement of the aforementioned framework; |
| --- | --- |

37.

Social responsibility and gender balance

| 38. | Emphasises that socially responsible artificial intelligence, robotics and related technologies have a role to play in contributing to finding solutions that safeguard and promote fundamental rights and values of our society such as democracy, the rule of law, diverse and independent media and objective and freely available information, health and economic prosperity, equality of opportunity, workers’ and social rights, quality education, protection of children, cultural and linguistic diversity, gender equality, digital literacy, innovation and creativity; recalls the need to ensure that the interests of all citizens, including those who are marginalised or in vulnerable situations, such as persons with disabilities, are adequately taken into account and represented; |
| --- | --- |

38.

| 39. | Underlines the importance of achieving a high level of overall digital literacy and training highly skilled professionals in this area as well as ensuring the mutual recognition of such qualifications throughout the Union; highlights the need of having diverse teams of developers and engineers working alongside key societal actors to prevent gender and cultural biases being inadvertently included in AI algorithms, systems and applications; supports the creation of educational curricula and public-awareness activities concerning the societal, legal, and ethical impact of artificial intelligence; |
| --- | --- |

39.

| 40. | Stresses the vital importance of guaranteeing freedom of thought and expression, thus ensuring that these technologies do not promote hate speech or violence; thus considers hindering or restricting freedom of expression exercised digitally to be unlawful under the fundamental principles of the Union, except where the exercise of this fundamental right entails illegal acts; |
| --- | --- |

40.

| 41. | Stresses that artificial intelligence, robotics and related technologies can contribute to reducing social inequalities and asserts that the European model for their development must be based on citizens’ trust and greater social cohesion; |
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41.

| 42. | Stresses that the deployment of any artificial intelligence system should not unduly restrict users’ access to public services such as social security; therefore calls on the Commission to assess how this objective can be achieved; |
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42.

| 43. | Stresses the importance of responsible research and development aiming at maximising the full potential of artificial intelligence, robotics and related technologies for citizens and the public good; calls for mobilisation of resources by the Union and its Member States in order to develop and support responsible innovation; |
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43.

| 44. | Stresses that technological expertise will be increasingly important and it will therefore be necessary to update continuously training courses, in particular for future generations, and to promote the vocational retraining of those already in the labour market; maintains, in this regard, that innovation and training should be promoted not only in the private sector but also in the public sector; |
| --- | --- |

44.

| 45. | Insists that the development, deployment and use of these technologies should not cause injury or harm of any kind to individuals or society or the environment and that, accordingly, developers, deployers and users of these technologies should be held responsible for such injury or harm in accordance with the relevant Union and national liability rules; |
| --- | --- |

45.

| 46. | Calls on Member States to assess whether job losses resulting from the deployment of these technologies should lead to appropriate public policies such as a reduction of working time; |
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46.

| 47. | Maintains that a design approach based on Union values and ethical principles is strongly needed to create the conditions for widespread social acceptance of artificial intelligence, robotics and related technologies; considers this approach, aimed at developing trustworthy, ethically responsible and technically robust artificial intelligence, to be an important enabler for sustainable and smart mobility that is safe and accessible; |
| --- | --- |

47.

| 48. | Draws attention to the high added value provided by autonomous vehicles for persons with reduced mobility, as such vehicles allow such persons to participate more effectively in individual road transport and thereby facilitate their daily lives; stresses the importance of accessibility, especially when designing MaaS-systems (Mobility as a Service); |
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48.

| 49. | Calls on the Commission to further support the development of trustworthy AI systems in order to render transport safer, more efficient, accessible, affordable and inclusive, including for persons with reduced mobility, particularly persons with disabilities, taking account of Directive (EU) 2019/882 of the European Parliament and of the Council (13) and of Union law on passenger rights; |
| --- | --- |

49.

| 50. | Considers that AI can help to better utilise the skills and competences of people with disabilities and that the application of AI in the workplace can contribute to inclusive labour markets and higher employment rates for people with disabilities; |
| --- | --- |

50.

Environment and sustainability

| 51. | States that artificial intelligence, robotics and related technologies should be used by governments and businesses to benefit people and the planet, contribute to the achievement of sustainable development, the preservation of the environment, climate neutrality and circular economy goals; the development, deployment and use of these technologies should contribute to the green transition, preserve the environment, and minimise and remedy any harm caused to the environment during their lifecycle and across their entire supply chain in line with Union law; |
| --- | --- |

51.

| 52. | Given their significant environmental impact, for the purposes of the previous paragraph, the environmental impact of developing, deploying and using artificial intelligence, robotics and related technologies could, where relevant and appropriate, be evaluated throughout their lifetime by sector specific authorities; such evaluation could include an estimate of the impact of the extraction of the materials needed, and the energy consumption and the greenhouse gas emissions caused, by their development, deployment and use; |
| --- | --- |

52.

| 53. | Proposes that for the purpose of developing responsible cutting-edge artificial intelligence solutions, the potential of artificial intelligence, robotics and related technologies should be explored, stimulated and maximised through responsible research and development that requires the mobilisation of resources by the Union and its Member States; |
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53.

| 54. | Highlights the fact that the development, deployment and use of these technologies provide opportunities for promotion of the Sustainable Development Goals outlined by the United Nations, global energy transition and decarbonisation; |
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54.

| 55. | Considers that the objectives of social responsibility, gender equality, environmental protection and sustainability should be without prejudice to existing general and sectorial obligations within these fields; believes that non-binding implementation guidelines for developers, deployers and users, especially of high-risk technologies, regarding the methodology for assessing their compliance with this Regulation and the achievement of those objectives should be established; |
| --- | --- |

55.

| 56. | Calls on the Union to promote and fund the development of human-centric artificial intelligence, robotics and related technologies that address environment and climate challenges and that ensure the respect for fundamental rights through the use of tax, procurement or other incentives; |
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56.

| 57. | Stresses that, despite the current high carbon footprint of development, deployment and use of artificial intelligence, robotics and related technologies, including automated decisions and machine learning, those technologies can contribute to the reduction of the current environmental footprint of the ICT sector; underlines that these and other properly regulated related technologies should be critical enablers for attaining the goals of the Green Deal, the UN Sustainable Development Goals and the Paris Agreement in many different sectors and should boost the impact of policies delivering environmental protection, for example policies concerning waste reduction and environmental degradation; |
| --- | --- |

57.

| 58. | Calls on the Commission to carry out a study on the impact of AI technology’s carbon footprint and the positive and negative impacts of the transition to the use of AI technology by consumers; |
| --- | --- |

58.

| 59. | Notes that, given the increasing development of AI applications, which require computational, storage and energy resources, the environmental impact of AI systems should be considered throughout their lifecycle; |
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59.

| 60. | Considers that in areas such as health, liability must ultimately lie with a natural or legal person; emphasises the need for traceable and publicly available training data for algorithms; |
| --- | --- |

60.

| 61. | Strongly supports the creation of a European Health Data Space proposed by the Commission in its Communication on a European strategy for data which aims at promoting health-data exchange and at supporting research in full respect of data protection, including processing data with AI technology, and which strengthens and extends the use and re-use of health data; encourages the upscaling of cross-border exchange of health data, the linking and use of such data through secure, federated repositories, specific kinds of health information, such as European Health Records (EHRs), genomic information, and digital health images to facilitate Union-wide interoperable registers or databases in areas such as research, science and health sectors; |
| --- | --- |

61.

| 62. | Highlights the benefits of AI for disease prevention, treatment and control, exemplified by AI predicting the COVID19 epidemic before the WHO; urges the Commission to adequately equip ECDC with the regulatory framework and resources for gathering necessary anonymised real-time global health data independently in conjunction with the Member States, so as, among other purposes, to address issues revealed by the COVID19 crisis; |
| --- | --- |

62.

Privacy and biometric recognition

| 63. | Observes that data production and use, including personal data such as biometric data, resulting from the development, deployment and use of artificial intelligence, robotics and related technologies are rapidly increasing, thereby underlining the need to respect and enforce the rights of citizens to privacy and protection of personal data in line with Union law; |
| --- | --- |

63.

| 64. | Points out that the possibility provided by these technologies for using personal and non-personal data to categorise and micro-target people, identify vulnerabilities of individuals, or exploit accurate predictive knowledge, has to be counterweighed by effectively enforced data protection and privacy principles such as data minimisation, the right to object to profiling and control the use of one’s data, the right to obtain an explanation of a decision based on automated processing and privacy by design, as well as those of proportionality, necessity and limitation based on strictly identified purposes in compliance with GDPR; |
| --- | --- |

64.

| 65. | Emphasises that when remote recognition technologies, such as recognition of biometric features, notably facial recognition, are used by public authorities, for substantial public interest purposes, their use should always be disclosed, proportionate, targeted and limited to specific objectives, restricted in time in accordance with Union law and have due regard for human dignity and autonomy and the fundamental rights set out in the Charter. Criteria for and limits to that use should be subject to judicial review and democratic scrutiny and should take into account its psychological and sociocultural impact on civil society; |
| --- | --- |

65.

| 66. | Points out that while deploying artificial intelligence, robotics and related technologies within the framework of public power decisions has benefits, it can result in grave misuse, such as mass surveillance, predictive policing and breaches of due process rights; |
| --- | --- |

66.

| 67. | Considers that technologies which can produce automated decisions, thus replacing decisions taken by public authorities, should be treated with the utmost precaution, notably in the area of justice and law enforcement; |
| --- | --- |

67.

| 68. | Believes that Member States should have recourse to such technologies only if there is thorough evidence of their trustworthiness and if meaningful human intervention and review is possible or systematic in cases where fundamental liberties are at stake; underlines the importance for national authorities to undertake a strict fundamental rights impact assessment for artificial intelligence systems deployed in these cases, especially following the assessment of those technologies as high-risk; |
| --- | --- |

68.

| 69. | Is of the opinion that any decision taken by artificial intelligence, robotics or related technologies within the framework of prerogatives of public power should be subject to meaningful human intervention and due process, especially following the assessment of those technologies as high-risk; |
| --- | --- |

69.

| 70. | Believes that the technological advancement should not lead to the use of artificial intelligence, robotics and related technologies to autonomously take public sector decisions which have a direct and significant impact on citizen’s rights and obligations; |
| --- | --- |

70.

| 71. | Notes that AI, robotics and related technologies in the area of law enforcement and border control could enhance public safety and security, but also needs extensive and rigorous public scrutiny and the highest possible level of transparency both with regards to the risk assessment of individual applications, as well as a general overview of the use of AI, robotics and related technologies in the area of law enforcement and border control; considers that such technologies bear significant ethical risks that must be adequately addressed, considering the possible adverse effects on individuals when it comes, in particular to their rights to privacy, data protection and non-discrimination; stresses that their misuse can become a direct threat to democracy and that their deployment and use must respect the principles of proportionality and necessity, the Charter of Fundamental Rights, as well as the relevant secondary Union law, such as data protection rules; stresses that AI should never replace humans in issuing judgments; considers that decisions, such as getting bail or probation, that are heard in court, or decisions based solely on automated processing producing a legal effect concerning the individual or which significantly affect them, must always involve meaningful assessment and human judgement; |
| --- | --- |

71.

Good governance

| 72. | Stresses that appropriate governance of the development, deployment and use of artificial intelligence, robotics and related technologies, especially high-risk technologies by having measures in place focusing on accountability and addressing potential risks of bias and discrimination, can increase citizens’ safety and trust in those technologies; |
| --- | --- |

72.

| 73. | Considers that a common framework for the governance of these technologies, coordinated by the Commission and/or any relevant institutions, bodies, offices or agencies of the Union that may be designated for this task in this context, to be implemented by national supervisory authorities in each Member State, would ensure a coherent Union approach and prevent a fragmentation of the single market; |
| --- | --- |

73.

| 74. | Observes that data are used in large volumes in the development of artificial intelligence, robotics and related technologies and that the processing, sharing of, access to and use of such data must be governed in accordance with the law and the requirements of quality, integrity, interoperability, transparency, security, privacy and control set out therein; |
| --- | --- |

74.

| 75. | Recalls that access to data is an essential component in the growth of the digital economy; points out in this regard that interoperability of data, by limiting lock-in effects, plays a key role in ensuring fair market conditions and promoting a level playing field in the Digital Single Market; |
| --- | --- |

75.

| 76. | Underlines the need to ensure that personal data are protected adequately, especially data on, or stemming from, vulnerable groups, such as people with disabilities, patients, children, the elderly, minorities, migrants and other groups at risk of exclusion; |
| --- | --- |

76.

| 77. | Notes that the development, deployment and use of artificial intelligence, robotics and related technologies by public authorities are often outsourced to private parties; considers that this should not compromise the protection of public values and fundamental rights in any way; considers that public procurement terms and conditions should reflect the ethical standards imposed on public authorities, when applicable; |
| --- | --- |

77.

Consumers and the internal market

| 78. | Underlines the importance of a regulatory framework for AI being applicable where consumers within the Union are users of, subject to, targeted by, or directed towards an algorithmic system, irrespective of the place of establishment of the entities that develop, sell or employ the system; furthermore, believes that, in the interest of legal certainty, the rules set out in such a framework should apply to all developers and across the value chain, namely the development, deployment and use of the relevant technologies and their components, and should guarantee a high level of consumer protection; |
| --- | --- |

78.

| 79. | Notes the intrinsic link between artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, and fields such as the internet of things, machine learning, rule-based systems or automated and assisted decision making processes; further notes that standardised icons could be developed to help explain such systems to consumers whenever those systems are characterised by complexity or are enabled to make decisions that impact the lives of consumers significantly; |
| --- | --- |

79.

| 80. | Recalls that the Commission should examine the existing legal framework and its application, including the consumer law acquis, product liability legislation, product safety legislation and market surveillance legislation, in order to identify legal gaps, as well as existing regulatory obligations; considers that this is necessary in order to ascertain whether it is able to respond to the new challenges posed by the emergence of artificial intelligence, robotics and related technologies and ensure a high level of consumer protection; |
| --- | --- |

80.

| 81. | Stresses the need to effectively address the challenges created by artificial intelligence, robotics and related technologies and to ensure that consumers are empowered and properly protected; underlines the need to look beyond the traditional principles of information and disclosure on which the consumer law acquis has been built, as stronger consumer rights and clear limitations regarding the development, deployment and use of artificial intelligence, robotics and related technologies will be necessary to ensure such technology contributes to making consumers’ lives better and evolves in a way that respects fundamental and consumer rights and Union values; |
| --- | --- |

81.

| 82. | Points out that the legislative framework introduced by Decision No 768/2008/EC (14) provides for a harmonised list of obligations for producers, importers and distributors, encourages the use of standards and provides for several levels of control depending on the dangerousness of the product; considers that that framework should also apply to AI embedded products; |
| --- | --- |

82.

| 83. | Notes that for the purpose of analysing the impacts of artificial intelligence, robotics and related technologies on consumers, access to data could, when in full respect of Union law, such as that concerning data protection, privacy and trade secrets, be extended to national competent authorities; recalls the importance of educating consumers to be more informed and skilled when dealing with artificial intelligence, robotics and related technologies, in order to protect them from potential risks and uphold their rights; |
| --- | --- |

83.

| 84. | Calls on the Commission to propose measures for data traceability, having in mind both the legality of data acquisition and the protection of consumer rights and fundamental rights, while fully respecting Union law such as that concerning data protection, privacy, intellectual property rights and trade secrets; |
| --- | --- |

84.

| 85. | Notes that these technologies should be user-centric and designed in a way that allows everyone to use AI products or services, regardless of their age, gender, abilities or characteristics; notes their accessibility for persons with disabilities is of particular importance; notes that there should not be a one-size-fits-all approach and universal design principles addressing the widest possible range of users and following relevant accessibility standards should be considered; stresses that this will enable individuals to have equitable access to and to actively participate in existing and emerging computer-mediated human activities and assistive technologies. |
| --- | --- |

85.

| 86. | Stresses that where money originating from public sources significantly contributes to the development, deployment or use of artificial intelligence, robotics and related technologies, in addition to open procurement and open contracting standards, consideration could be given to the possibility of having the code, the generated data -as far as they are non-personal- and the trained model made public by default upon agreement with the developer, in order to guarantee transparency, enhance cybersecurity and enable the reuse thereof so as to foster innovation; stresses that, in this way, the full potential of the single market can be unlocked, avoiding market fragmentation; |
| --- | --- |

86.

| 87. | Considers that AI, robotics and related technologies have enormous potential to deliver opportunities for consumers to have access to several amenities in many aspects of their lives alongside better products and services, as well as to benefit from better market surveillance, as long as all applicable principles, conditions, including transparency and auditability, and regulations continue to apply; |
| --- | --- |

87.

Security and defence

| 88. | Highlights that the security and defence policies of the European Union and its Member States are guided by the principles enshrined in the Charter and by those of the United Nations Charter, and by a common understanding of the universal values of respect for the inviolable and inalienable rights of the human person, human dignity, of freedom, of democracy, of equality and of the rule of law; stresses that all defence-related efforts within the Union framework must respect those universal values whilst promoting peace, security and progress in Europe and in the world; |
| --- | --- |

88.

| 89. | Welcomes the endorsement, by the 2019 Meeting of High Contracting Parties to the United Nations Convention on Certain Conventional Weapons (CCW), of 11 Guiding Principles for the development and use of autonomous weapons systems; regrets however the failure to agree on a legally binding instrument regulating lethal autonomous weapons (LAWS), with an effective enforcement mechanism; welcomes and supports the report by the Commission’s High-Level Expert Group on Artificial Intelligence entitled ‘Ethics Guidelines for Trustworthy AI’ published on 9 April 2019 and its position on lethal autonomous weapon systems (LAWS); urges Member States to develop national strategies for the definition and status of lethal autonomous weapons (LAWS) towards a comprehensive strategy at Union level and to promote, together with the Union’s High Representative/Vice-President of the Commission (‘HR/VP’) and the Council, the discussion on LAWS in the UN CCW framework and other relevant fora and the establishment of international norms regarding the ethical and legal parameters for the development and use of fully autonomous, semi-autonomous and remotely operated lethal weapons systems; recalls in this respect its resolution on autonomous weapon systems of 12 September 2018 and calls once again for the urgent development and adoption of a common position on lethal autonomous weapon systems, for an international ban on the development, production and use of lethal autonomous weapon systems enabling strikes to be carried out without meaningful human control and without respect for the human-in-the-loop principle, in line with the statement of the world’s most prominent AI researchers in their open letter from 2015; welcomes the agreement of Council and Parliament to exclude lethal autonomous weapons ‘without the possibility for meaningful human control over the selection and engagement decisions when carrying out strikes’ from actions funded under the European Defence Fund; believes that ethical aspects of other AI-applications in defence, such as intelligence, surveillance and reconnaissance (ISR) or cyber operations must not be overlooked, and special attention must be paid to the development and deployment of drones in military operations; |
| --- | --- |

89.

| 90. | Underlines that emerging technologies in the defence and security sector not covered by international law should be judged taking account of the principle of respect for humanity and the dictates of public conscience; |
| --- | --- |

90.

| 91. | Recommends that any European framework regulating the use of AI-enabled systems in defence, both in combat and non-combat situations, must respect all applicable legal regimes, in particular international humanitarian law and international human rights law, and it must be in compliance with Union law, principles and values, keeping in mind the disparities in terms of technical and security infrastructure throughout the Union; |
| --- | --- |

91.

| 92. | Recognises that unlike defence industrial bases, critical AI innovations could come from small Member States, thus a CSDP-standardised approach should ensure that smaller Member States and SMEs are not crowded out; stresses that a set of common EU AI capabilities matched to Member States operating concepts can bridge the technical gaps that could leave out States lacking the relevant technology, industry expertise or the ability to implement AI systems in their defence ministries; |
| --- | --- |

92.

| 93. | Considers that current and future security and defence-related activities within the Union framework will draw on AI, on robotics and autonomy, and on related technologies and that reliable, robust and trustworthy AI could contribute to a modern and effective military; the Union must therefore assume a leading role in research and development of AI systems in the security and defence field; believes that the use of AI-enabled applications in security and defence could offer a number of direct benefits to the operation commander, such as higher quality collected data, greater situational awareness, increased speed for decision-making, reduced risk of collateral damage thanks to better cabling, protection of forces on the ground, as well as greater reliability of military equipment and hence reduced risk for humans and of human casualties; stresses that the development of reliable AI in the field of defence is essential for ensuring European strategic autonomy in capability and operational areas; recalls that AI systems are also becoming key elements in countering emerging security threats, such as cyber and hybrid warfare both in the online and offline spheres; underlines at the same time all the risks and challenges of unregulated use of AI; notes that AI could be exposed to manipulation, to errors and inaccuracies; |
| --- | --- |

93.

| 94. | Stresses that AI technologies are, in essence, of dual use, and the development of AI in defence-related activities benefits from exchanges between military and civil technologies; highlights that AI in defence-related activities is a transverse disruptive technology, the development of which may provide opportunities for the competitiveness and the strategic autonomy of the Union; |
| --- | --- |

94.

| 95. | Recognises, in the hybrid and advanced warfare context of today, that the volume and velocity of information during the early phases of a crisis might be overwhelming for human analysts and that an AI system could process the information to ensure that human decision-makers are tracking the full spectrum of information within an appropriate timeframe for a speedy response; |
| --- | --- |

95.

| 96. | Underlines the importance of investing in the development of human capital for artificial intelligence, fostering the necessary skills and education in the field of security and defence AI technologies with particular focus on ethics of semi-autonomous and autonomous operational systems based on human accountability in an AI-enabled world; stresses in particular the importance of ensuring that ethicists in this field have appropriate skills and receive proper training; calls on the Commission to present as soon as possible its ‘Reinforcement of the Skills Agenda’, announced in the White Paper on Artificial Intelligence on 19 February 2020; |
| --- | --- |

96.

| 97. | Stresses that quantum computing could represent the most revolutionary change in conflict since the advent of atomic weaponry and thus urges that the further development of quantum computing technologies be a priority for the Union and Member States; recognises that acts of aggression, including attacks on critical infrastructure, aided by quantum computing will create a conflict environment in which the time available to make decisions will be compressed dramatically from days and hours to minutes and seconds, forcing Member States to develop capabilities that protect themselves and train both its decision makers and military personnel to respond effectively within such timeframes; |
| --- | --- |

97.

| 98. | Calls for increased investment in European AI for defence and in the critical infrastructure that sustains it; |
| --- | --- |

98.

| 99. | Recalls that most of the current military powers worldwide have already engaged in significant R&D efforts related to the military dimension of artificial intelligence; considers that the Union must ensure that it does not lag behind in this regard; |
| --- | --- |

99.

| 100. | Calls on the Commission to embed cybersecurity capacity-building in its industrial policy in order to ensure the development and deployment of safe, resilient and robust AI-enabled and robotic systems; calls on the Commission to explore the use of blockchain-based cybersecurity protocols and applications to improve the resilience, trustworthiness and robustness of AI infrastructures through disintermediated models of data encryption; encourages European stakeholders to research and engineer advanced features that would facilitate the detection of corrupt and malicious AI-enabled & robotics systems which could undermine the security of the Union and of citizens; |
| --- | --- |

100.

| 101. | Stresses that all AI-systems in defence must have a concrete and well-defined mission framework, whereby humans retain the agency to detect and disengage or deactivate deployed systems should they move beyond the mission framework defined and assigned by a human commander, or should they engage in any escalatory or unintended action; considers that AI-enabled systems, products and technology intended for military use should be equipped with a ‘black box’ to record every data transaction carried out by the machine; |
| --- | --- |

101.

| 102. | Underlines that the entire responsibility and accountability for the decision to design, develop, deploy and use AI-systems must rest on human operators, as there must be meaningful human monitoring and control over any weapon system and human intent in the decision to use force in the execution of any decision of AI-enabled weapons systems that might have lethal consequences; underlines that human control should remain effective for the command and control of AI-enabled systems, following the human-in-the-loop, human-on-the-loop and human-in-command principles at the military leadership level; stresses that AI-enabled systems must allow the military leadership of armies to assume its full responsibility and accountability for the use of lethal force and exercise the necessary level of judgment, which machines cannot be endowed with as such judgment must be based on distinction, proportionality and precaution, for taking lethal or large-scale destructive action by means of such systems; stresses the need to establish clear and traceable authorisation and accountability frameworks for the deployment of smart weapons and other AI-enabled systems, using unique user characteristics like biometric specifications to enable deployment exclusively by authorised personnel; |
| --- | --- |

102.

Transport

| 103. | Highlights the potential of using artificial intelligence, robotics and related technologies for all autonomous means of road, rail, waterborne and air transport, and also for boosting the modal shift and intermodality, as such technologies can contribute to finding the optimal combination of modes of transport for the transport of goods and passengers; furthermore, stresses their potential to make transport, logistics and traffic flows more efficient and to make all modes of transport safer, smarter, and more environmentally friendly; points out that an ethical approach to AI can also be seen as an early warning system, in particular as regards the safety and efficiency of transport; |
| --- | --- |

103.

| 104. | Highlights the fact that the global competition between companies and economic regions means that the Union needs to promote investments and strengthen the international competitiveness of companies operating in the transport sector, by establishing an environment favourable for the development and application of AI solutions and further innovations, in which Union-based undertakings can become world leaders in the development of AI technologies; |
| --- | --- |

104.

| 105. | Stresses that the Union’s transport sector needs an update of the regulatory framework concerning such emerging technologies and their use in the transport sector and a clear ethical framework for achieving trustworthy AI, including safety, security, the respect of human autonomy, oversight and liability aspects, which will increase benefits that are shared by all and will be key to boosting investment in research and innovation, development of skills and the uptake of AI by public services, SMEs, start-ups and businesses and at the same time ensuring data protection as well as interoperability, without imposing an unnecessary administrative burden on businesses and consumers; |
| --- | --- |

105.

| 106. | Notes that the development and implementation of AI in the transport sector will not be possible without modern infrastructure, which is an essential part of intelligent transport systems; stresses that the persistent divergences in the level of development between Member States create the risk of depriving the least developed regions and their inhabitants of the benefits brought by the development of autonomous mobility; calls for the modernisation of transport infrastructure in the Union, including its integration into the 5G network, to be adequately funded; |
| --- | --- |

106.

| 107. | Recommends the development of Union-wide trustworthy AI standards for all modes of transport, including the automotive industry, and for testing of AI-enabled vehicles and related products and services; |
| --- | --- |

107.

| 108. | Notes that AI systems could help to reduce the number of road fatalities significantly, for instance through better reaction times and better compliance with rules; considers, however, that it will be impossible for use of autonomous vehicles to result in the elimination of all accidents and underlines that this makes the explainability of AI decisions increasingly important in order to justify shortcomings and unintended consequences of AI decisions; |
| --- | --- |

108.

Employment, workers’ rights, digital skills and the workplace

| 109. | Notes that the application of artificial intelligence, robotics and related technologies in the workplace can contribute to inclusive labour markets and impact occupational health and safety, while it can also be used to monitor, evaluate, predict and guide the performance of workers with direct and indirect consequences for their careers; whereas AI should have a positive impact on working conditions and be guided by respect for human rights as well as the fundamental rights and values of the Union; whereas AI should be human centric, enhance the well-being of people and society and contribute to a fair and just transition; such technologies should therefore have a positive impact on working conditions guided by respect for human rights as well as the fundamental rights and values of the Union; |
| --- | --- |

109.

| 110. | Highlights the need for competence development through training and education for workers and their representatives with regard to AI in the workplace to better understand the implications of AI solutions; stresses that applicants and workers should be duly informed in writing when AI is used in the course of recruitment procedures and other human resource decisions and how in this case a human review can be requested in order to have an automated decision reversed; |
| --- | --- |

110.

| 111. | Stresses the need to ensure that productivity gains due to the development and use of AI and robotics do not only benefit company owners and shareholders, but also profit companies and the workforce, through better working and employment conditions, including wages, economic growth and development, and also serve society at large, especially where such gains come at the expense of jobs; calls on the Member States to carefully study the potential impact of AI on the labour market and social security systems and to develop strategies as to how to ensure long-term stability by reforming taxes and contributions as well as other measures in the event of smaller public revenues; |
| --- | --- |

111.

| 112. | Underlines the importance of corporate investment in formal and informal training and life-long learning in order to support the just transition towards the digital economy; stresses in this context that companies deploying AI have the responsibility of providing adequate re-skilling and up-skilling for all employees concerned, in order for them to learn how to use digital tools and to work with co-bots and other new technologies, thereby adapting to changing needs of the labour market and staying in employment; |
| --- | --- |

112.

| 113. | Considers that special attention should be paid to new forms of work, such as gig and platform work, resulting from the application of new technologies in this context; stresses that regulating telework conditions across the Union and ensuring decent working and employment conditions in the digital economy must likewise take the impact of AI into account; calls on the Commission to consult with social partners, AI-developers, researchers and other stakeholders in this regard; |
| --- | --- |

113.

| 114. | Underlines that artificial intelligence, robotics and related technologies must not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice, or affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice; |
| --- | --- |

114.

| 115. | Reiterates the importance of education and continuous learning to develop the qualifications necessary in the digital age and to tackle digital exclusion; calls on the Member States to invest in high quality, responsive and inclusive education, vocational training and life-long learning systems as well as re-skilling and up-skilling policies for workers in sectors that are potentially severely affected by AI; highlights the need to provide the current and future workforce with the necessary literacy, numeracy and digital skills as well as competences in science, technology, engineering and mathematics (STEM) and cross-cutting soft skills, such as critical thinking, creativity and entrepreneurship; underlines that special attention must be paid to the inclusion of disadvantaged groups in this regard; |
| --- | --- |

115.

| 116. | Recalls that artificial intelligence, robotics and related technologies used at the workplace must be accessible for all, based on the design for all principle; |
| --- | --- |

116.

Education and culture

| 117. | Stresses the need to develop criteria for the development, the deployment and the use of AI bearing in mind their impact on education, media, youth, research, sports and the cultural and creative sectors, by developing benchmarks for and defining principles of ethically responsible and accepted uses of AI technologies that can be appropriately applied in these areas, including a clear liability regime for products resulting from AI use; |
| --- | --- |

117.

| 118. | Notes that every child enjoys the right to public education of quality at all levels; therefore, calls for the development, the deployment and the use of quality AI systems that facilitate and provide quality educational tools for all at all levels and stresses that the deployment of new AI systems in schools should not lead to a wider digital gap being created in society; recognises the enormous potential contribution that AI and robotics can make to education; notes that AI personalised learning systems should not replace educational relationships involving teachers and that traditional forms of education should not be left behind, while at the same time pointing out that financial, technological and educational support, including specialised training in information and communications technology must be provided for teachers seeking to acquire appropriate skills so as to adapt to technological changes and not only harness the potential of AI but also understand its limitations; calls for a strategy to be developed at Union level in order to help transform and update our educational systems, prepare our educational institutions at all levels and equip teachers and pupils with the necessary skills and abilities; |
| --- | --- |

118.

| 119. | Emphasises that educational institutions should aim to use AI systems for educational purposes that have received a European certificate of ethical compliance; |
| --- | --- |

119.

| 120. | Emphasises that opportunities provided by digitisation and new technologies must not result in an overall loss of jobs in the cultural and creative sectors, the neglect of the conservation of originals or in the downplaying of traditional access to cultural heritage, which should equally be encouraged; notes that AI systems developed, deployed and used in the Union should reflect its cultural diversity and its multilingualism; |
| --- | --- |

120.

| 121. | Acknowledges the growing potential of AI in the areas of information, media and online platforms, including as a tool to fight disinformation in accordance with Union law; underlines that, if not regulated, it might also have ethically adverse effects by exploiting biases in data and algorithms that may lead to disseminating disinformation and creating information bubbles; emphasises the importance of transparency and accountability of algorithms used by video-sharing platforms (VSP) as well as streaming platforms, in order to ensure access to culturally and linguistically diverse content; |
| --- | --- |

121.

National supervisory authorities

| 122. | Notes the added value of having designated national supervisory authorities in each Member State, responsible for ensuring, assessing and monitoring compliance with legal obligations and ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, thus contributing to the legal and ethical compliance of these technologies; |
| --- | --- |

122.

| 123. | Believes that these authorities must be required to, without duplicating their tasks, cooperate with the authorities responsible for implementing sectorial legislation in order to identify technologies which are high-risk from an ethical perspective and in order to supervise the implementation of required and appropriate measures where such technologies are identified; |
| --- | --- |

123.

| 124. | Indicates that such authorities should liaise not only among themselves but also with the European Commission and other relevant institutions, bodies, offices and agencies of the Union in order to guarantee coherent cross-border action; |
| --- | --- |

124.

| 125. | Suggests that, in the context of such cooperation, common criteria and an application process be developed for the granting of a European certificate of ethical compliance, including following a request by any developer, deployer or user of technologies not considered as high-risk seeking to certify the positive assessment of compliance carried out by the respective national supervisory authority; |
| --- | --- |

125.

| 126. | Calls for such authorities to be tasked with promoting regular exchanges with civil society and innovation within the Union by providing assistance to researchers, developers, and other relevant stakeholders, as well as to less digitally-mature companies, in particular small and medium-sized enterprises or start-ups; in particular regarding awareness-raising and support for development, deployment, training and talent acquisition to ensure efficient technology transfer and access to technologies, projects, results and networks; |
| --- | --- |

126.

| 127. | Calls for sufficient funding by each Member State of their designated national supervisory authorities and stresses the need for national market surveillance authorities to be reinforced in terms of capacity, skills and competences, as well as knowledge about the specific risks of artificial intelligence, robotics and related technologies; |
| --- | --- |

127.

Coordination at Union level

| 128. | Underlines the importance of coordination at Union level as carried out by the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context, in order to avoid fragmentation, and of ensuring a harmonised approach across the Union; considers that coordination should focus on the mandates and actions of the national supervisory authorities in each Member State as referred to in the previous sub-section, as well as on sharing of best practices among those authorities and contributing to the cooperation as regards research and development in the field throughout the Union; calls on the Commission to assess and find the most appropriate solution to structure such coordination; examples of relevant existing institutions, bodies, offices and agencies of the Union are ENISA, the EDPS and the European Ombudsman; |
| --- | --- |

128.

| 129. | Believes that such coordination, as well as a European certification of ethical compliance, would not only benefit the development of Union industry and innovation in that context but also increase the awareness of citizens regarding the opportunities and risks inherent to these technologies; |
| --- | --- |

129.

| 130. | Suggests a centre of expertise be created, bringing together academia, research, industry, and individual experts at Union level, to foster exchange of knowledge and technical expertise, and to facilitate collaboration throughout the Union and beyond; further calls for this centre of expertise to involve stakeholder organisations, such as consumer protection organisations, in order to ensure wide consumer representation; considers that due to the possible disproportionate impact of algorithmic systems on women and minorities, the decision levels of such a structure should be diverse and ensure gender equality; emphasises that Member States must develop risk-management strategies for AI in the context of their national market surveillance strategies; |
| --- | --- |

130.

| 131. | Proposes that the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context provide any necessary assistance to national supervisory authorities concerning their role as first points of contact in cases of suspected breaches of the legal obligations and ethical principles set out in the Union’s regulatory framework for AI, including the principle of non-discrimination; it should also provide any necessary assistance to national supervisory authorities in cases where the latter carry out compliance assessments in view of supporting the right of citizens to contest and redress, namely by supporting, when applicable, the consultation of other competent authorities in the Union, in particular the Consumer Protection Cooperation Network and national consumer protection bodies, civil society organisations and social partners located in other Member States; |
| --- | --- |

131.

| 132. | Acknowledges the valuable output of the High-Level Expert Group on Artificial Intelligence, comprising representatives from academia, civil society and industry, as well as the European AI Alliance, particularly ‘The Ethics Guidelines for Trustworthy Artificial Intelligence’, and suggests that it might provide expertise to the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context; |
| --- | --- |

132.

| 133. | Notes the inclusion of AI-related projects under the European Industrial Development Programme (EDIDP); believes that the future European Defence Fund (EDF) and the Permanent structured cooperation (PESCO) may also offer frameworks for future AI-related projects that could help to better streamline Union efforts in this field, and promote at the same time the Union’s objective of strengthening human rights, international law, and multilateral solutions; stresses that AI-related projects should be synchronised with the wider Union civilian programmes devoted to AI; notes that, in line with the European Commission’s White Paper of 19 February 2020 on Artificial Intelligence, excellence and testing centres concentrating on research and development of AI in the field of security and defence should be established with rigorous specifications underpinning the participation of and investment from private stakeholders; |
| --- | --- |

133.

| 134. | Takes note of the Commission's White Paper of 19 February 2020 on Artificial Intelligence and regrets that military aspects were not taken into account; calls on the Commission and on the HR/VP to present, also as part of an overall approach, a sectorial AI strategy for defence-related activities within the Union framework, that ensures both respect for citizens’ rights and the Union’s strategic interests, and that is based on a consistent approach spanning from the inception of AI-enabled systems to their military uses, and to establish a working Group on security and defence within the High-Level Expert Group on Artificial Intelligence that should specifically deal with policy and investment questions as well as ethical aspects of AI in the field of security and defence; calls on the Council, the Commission and on the VP/HR to enter into a structured dialogue with Parliament to that end; |
| --- | --- |

134.

European certification of ethical compliance

| 135. | Suggests that common criteria and an application process relating to the granting of a European certificate of ethical compliance be developed in the context of coordination at Union level, including following a request by any developer, deployer or user of technologies not considered as high-risk seeking to certify the positive assessment of compliance carried out by the respective national supervisory authority; |
| --- | --- |

135.

| 136. | Believes that such European certificate of ethical compliance would foster ethics by design throughout the supply chain of artificial intelligence ecosystems; suggests, therefore, that this certification could be, in the case of high-risk technologies, a mandatory prerequisite for eligibility for public procurement procedures on artificial intelligence, robotics and related technologies; |
| --- | --- |

136.

International cooperation

| 137. | Is of the opinion that effective cross-border cooperation and ethical standards can be achieved only if all stakeholders commit to ensure human agency and oversight, technical robustness and safety, transparency and accountability, diversity, non-discrimination and fairness, societal and environmental well-being, and respect the established principles of privacy, data governance and data protection, specifically those enshrined in Regulation (EU) 2016/679; |
| --- | --- |

137.

| 138. | Stresses that the Union’s legal obligations and ethical principles for the development, deployment and use of these technologies could make Europe a world leader in the artificial intelligence sector and should therefore be promoted worldwide by cooperating with international partners while continuing the critical and ethics-based dialogue with third countries that have alternative models of artificial intelligence regulation, development and deployment models; |
| --- | --- |

138.

| 139. | Recalls that the opportunities and risks inherent to these technologies have a global dimension, as the software and data they use are frequently imported into and exported out of the Union, and therefore there is a need for a consistent cooperation approach at international level; calls on the Commission to take the initiative to assess which bilateral and multilateral treaties and agreements should be adjusted to ensure a consistent approach and promote the European model of ethical compliance globally; |
| --- | --- |

139.

| 140. | Points out the added value of coordination at Union level as referred to above in this context as well; |
| --- | --- |

140.

| 141. | Calls for synergies and networks to be established between the various European research centres on AI as well as other multilateral fora, such as the Council of Europe, the United Nations Educational Scientific and Cultural Organization (UNESCO), the Organisation for Economic Co-operation and Development’s (OECD),the World Trade Organisation and the International Telecommunications Union (ITU), in order to align their efforts and to better coordinate the development of artificial intelligence, robotics and related technologies; |
| --- | --- |

141.

| 142. | Underlines that the Union must be at the forefront of supporting multilateral efforts to discuss, in the framework of the UN CCW Governmental Expert Group and other relevant fora, an effective international regulatory framework that ensures meaningful human control over autonomous weapon systems in order to master those technologies by establishing well defined, benchmark-based processes and adopting legislation for their ethical use, in consultation with military, industry, law enforcement, academic and civil society stakeholders, to understand the related ethical aspects and to mitigate the inherent risks of such technologies and prevent use for malicious purposes; |
| --- | --- |

142.

| 143. | Recognises the role of NATO in promoting Euro-Atlantic security and calls for cooperation within NATO for the establishment of common standards and interoperability of AI systems in defence; stresses that the transatlantic relationship is important for the preservation of shared values and for countering future and emerging threats; |
| --- | --- |

143.

| 144. | Stresses the importance of the creation of an ethical code of conduct underpinning the deployment of weaponised AI-enabled systems in military operations, similar to the existing regulatory framework prohibiting the deployment of chemical and biological weapons; is of the opinion that the Commission should initiate the creation of standards on the use of AI-enabled weapons systems in warfare in accordance with international humanitarian law, and that the Union should pursue the international adoption of such standards; considers that the Union should engage in AI diplomacy in international fora with like-minded partners like the G7, the G20 and the OECD; |
| --- | --- |

144.

Final aspects

| 145. | Concludes, following the above reflections on aspects related to the ethical dimension of artificial intelligence, robotics and related technologies, that the legal and ethical dimensions should be enshrined in an effective, forward-looking and comprehensive regulatory framework at Union level, supported by national competent authorities, coordinated and enhanced by the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context, regularly supported by the aforementioned centre of expertise and duly respected and certified within the internal market; |
| --- | --- |

145.

| 146. | In accordance with the procedure laid down in Article 225 of the Treaty on the Functioning of the European Union, requests the Commission to submit a proposal for a Regulation on ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies on the basis of Article 114 of the Treaty on the Functioning of the European Union and based on the detailed recommendations set out in the annex hereto; points out that the proposal should not undermine sector-specific legislation but should only cover identified loopholes; |
| --- | --- |

146.

| 147. | Recommends that the European Commission, after consulting with all the relevant stakeholders, review, if necessary, existing Union law applicable to artificial intelligence, robotics and related technologies in order to address the rapidity of their development in line with the recommendations set out in the annex hereto, avoiding over-regulation, including for SMEs; |
| --- | --- |

147.

| 148. | Believes that a periodical assessment and review, when necessary, of the Union regulatory framework related to artificial intelligence, robotics and related technologies will be essential to ensure that the applicable legislation is up to date with the rapid pace of technological progress; |
| --- | --- |

148.

| 149. | Considers that the legislative proposal requested would have financial implications if any European body were entrusted with the above-mentioned coordination functions and the necessary technical means and human resources to fulfil its newly attributed tasks were provided; |
| --- | --- |

149.

o

o o

| 150. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council. |
| --- | --- |

150.

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(1)  OJ L 252, 8.10.2018, p. 1.

(2)  OJ L 180, 19.7.2000, p. 22.

(3)  OJ L 303, 2.12.2000, p. 16.

(4)  OJ L 119, 4.5.2016, p. 1.

(5)  OJ L 119, 4.5.2016, p. 89.

(6)  OJ L 123, 12.5.2016, p. 1.

(7)  OJ C 252, 18.7.2018, p. 239.

(8)  OJ C 307, 30.8.2018, p. 163.

(9)  OJ C 433, 23.12.2019, p. 86.

(10)  Texts adopted, P8_TA(2018)0332.

(11)  Texts adopted, P8_TA(2019)0081.

(12)  https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_STU(2020)654179.

(13)  Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

(14)  Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).

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ANNEX TO THE RESOLUTION:

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

A.   PRINCIPLES AND AIMS OF THE PROPOSAL REQUESTED

| I. | The main principles and aims of the proposal are:






  — | to build trust at all levels of involved stakeholders and of society in artificial intelligence, robotics and related technologies, especially when they are considered high-risk; |
| --- | --- | --- |

I.

The main principles and aims of the proposal are:

—

to build trust at all levels of involved stakeholders and of society in artificial intelligence, robotics and related technologies, especially when they are considered high-risk;

| — | to support the development of artificial intelligence, robotics and related technologies in the Union, including by helping businesses, start-ups and small and medium-sized enterprises to assess and address with certainty current and future regulatory requirements and risks during the innovation and business development process, and, during the subsequent phase of use by professionals and private individuals, by minimising burdens and red tape; |
| --- | --- |

—

to support the development of artificial intelligence, robotics and related technologies in the Union, including by helping businesses, start-ups and small and medium-sized enterprises to assess and address with certainty current and future regulatory requirements and risks during the innovation and business development process, and, during the subsequent phase of use by professionals and private individuals, by minimising burdens and red tape;

| — | to support deployment of artificial intelligence, robotics and related technologies in the Union by providing the appropriate and proportionate regulatory framework which should apply without prejudice to existing or future sectorial legislation, with the aim of encouraging regulatory certainty and innovation while guaranteeing fundamental rights and consumer protection; |
| --- | --- |

—

to support deployment of artificial intelligence, robotics and related technologies in the Union by providing the appropriate and proportionate regulatory framework which should apply without prejudice to existing or future sectorial legislation, with the aim of encouraging regulatory certainty and innovation while guaranteeing fundamental rights and consumer protection;

| — | to support use of artificial intelligence, robotics and related technologies in the Union by ensuring that they are developed, deployed and used in a manner that is compliant with ethical principles; |
| --- | --- |

—

to support use of artificial intelligence, robotics and related technologies in the Union by ensuring that they are developed, deployed and used in a manner that is compliant with ethical principles;

| — | to require transparency and better information flows among citizens and within organisations developing, deploying or using artificial intelligence, robotics and related technologies, as a means of ensuring that these technologies are compliant with Union law, fundamental rights and values, and with the ethical principles of the proposal for Regulation requested. |
| --- | --- |

—

to require transparency and better information flows among citizens and within organisations developing, deploying or using artificial intelligence, robotics and related technologies, as a means of ensuring that these technologies are compliant with Union law, fundamental rights and values, and with the ethical principles of the proposal for Regulation requested.

| II. | The proposal consists of the following elements:






  — | a ‘Regulation on ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies’; |
| --- | --- | --- |

II.

The proposal consists of the following elements:

—

a ‘Regulation on ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies’;

| — | the coordination role at Union level by the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context and a European certification of ethical compliance; |
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—

the coordination role at Union level by the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context and a European certification of ethical compliance;

| — | the support role of the European Commission; |
| --- | --- |

—

the support role of the European Commission;

| — | the role of the ‘Supervisory Authority’ in each Member State to ensure that ethical principles are applied to artificial intelligence, robotics and related technologies; |
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—

the role of the ‘Supervisory Authority’ in each Member State to ensure that ethical principles are applied to artificial intelligence, robotics and related technologies;

| — | the involvement and consultation of, as well as provision of support to, relevant research and development projects and concerned stakeholders, including start-ups, small and medium-sized enterprises, businesses, social partners, and other representatives of civil society; |
| --- | --- |

—

the involvement and consultation of, as well as provision of support to, relevant research and development projects and concerned stakeholders, including start-ups, small and medium-sized enterprises, businesses, social partners, and other representatives of civil society;

| — | an annex establishing an exhaustive and cumulative list of high-risk sectors and high-risk uses and purposes; |
| --- | --- |

—

an annex establishing an exhaustive and cumulative list of high-risk sectors and high-risk uses and purposes;

| III. | The ‘Regulation on ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies’ builds on the following principles:






  — | human-centric, human-made and human-controlled artificial intelligence, robotics and related technologies; |
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III.

The ‘Regulation on ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies’ builds on the following principles:

—

human-centric, human-made and human-controlled artificial intelligence, robotics and related technologies;

| — | mandatory compliance assessment of high-risk artificial intelligence, robotics and related technologies; |
| --- | --- |

—

mandatory compliance assessment of high-risk artificial intelligence, robotics and related technologies;

| — | safety, transparency and accountability; |
| --- | --- |

—

safety, transparency and accountability;

| — | safeguards and remedies against bias and discrimination; |
| --- | --- |

—

safeguards and remedies against bias and discrimination;

| — | right to redress; |
| --- | --- |

—

right to redress;

| — | social responsibility and gender equality in artificial intelligence, robotics and related technologies; |
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—

social responsibility and gender equality in artificial intelligence, robotics and related technologies;

| — | environmentally sustainable artificial intelligence, robotics and related technologies; |
| --- | --- |

—

environmentally sustainable artificial intelligence, robotics and related technologies;

| — | respect for privacy and limitations on the use of biometric recognition; |
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—

respect for privacy and limitations on the use of biometric recognition;

| — | good governance relating to artificial intelligence, robotics and related technologies, including the data used or produced by such technologies. |
| --- | --- |

—

good governance relating to artificial intelligence, robotics and related technologies, including the data used or produced by such technologies.

| IV. | For the purposes of coordination at Union level, the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context should carry out the following main tasks:






  — | cooperating in monitoring the implementation of the proposal for a Regulation requested and relevant sectorial Union law; |
| --- | --- | --- |

IV.

For the purposes of coordination at Union level, the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context should carry out the following main tasks:

—

cooperating in monitoring the implementation of the proposal for a Regulation requested and relevant sectorial Union law;

| — | cooperating regarding the issuing of guidance concerning the consistent application of the proposal for a Regulation requested, namely the application of the criteria for artificial intelligence, robotics and related technologies to be considered high-risk and the list of high-risk sectors and high-risk uses and purposes set out in the annex to the Regulation; |
| --- | --- |

—

cooperating regarding the issuing of guidance concerning the consistent application of the proposal for a Regulation requested, namely the application of the criteria for artificial intelligence, robotics and related technologies to be considered high-risk and the list of high-risk sectors and high-risk uses and purposes set out in the annex to the Regulation;

| — | cooperating with the ‘Supervisory Authority’ in each Member State regarding the development of a European certificate of compliance with ethical principles and legal obligations as laid down in the proposal for a Regulation requested and relevant Union law, as well as the development of an application process for any developer, deployer or user of technologies not considered as high-risk seeking to certify their compliance with the proposal for a Regulation requested; |
| --- | --- |

—

cooperating with the ‘Supervisory Authority’ in each Member State regarding the development of a European certificate of compliance with ethical principles and legal obligations as laid down in the proposal for a Regulation requested and relevant Union law, as well as the development of an application process for any developer, deployer or user of technologies not considered as high-risk seeking to certify their compliance with the proposal for a Regulation requested;

| — | cooperating regarding the supporting of cross-sector and cross-border cooperation through regular exchanges with concerned stakeholders and civil society, in the EU and in the world, notably with businesses, social partners, researchers and competent authorities, including as regards the development of technical standards at international level; |
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—

cooperating regarding the supporting of cross-sector and cross-border cooperation through regular exchanges with concerned stakeholders and civil society, in the EU and in the world, notably with businesses, social partners, researchers and competent authorities, including as regards the development of technical standards at international level;

| — | cooperating with the ‘Supervisory Authority’ in each Member State regarding the establishing of binding guidelines on the methodology to be followed for the compliance assessment to be carried out by each ‘Supervisory Authority’; |
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—

cooperating with the ‘Supervisory Authority’ in each Member State regarding the establishing of binding guidelines on the methodology to be followed for the compliance assessment to be carried out by each ‘Supervisory Authority’;

| — | cooperating regarding the liaising with the ‘Supervisory Authority’ in each Member State and the coordinating of their mandate and tasks; |
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—

cooperating regarding the liaising with the ‘Supervisory Authority’ in each Member State and the coordinating of their mandate and tasks;

| — | cooperating on raising awareness, providing information and engaging in exchanges with developers, deployers and users throughout the Union; |
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—

cooperating on raising awareness, providing information and engaging in exchanges with developers, deployers and users throughout the Union;

| — | cooperating on raising awareness, providing information, promoting digital literacy, training and skills and engaging in exchanges with designers, developers, deployers, citizens, users and institutional bodies throughout the Union and internationally; |
| --- | --- |

—

cooperating on raising awareness, providing information, promoting digital literacy, training and skills and engaging in exchanges with designers, developers, deployers, citizens, users and institutional bodies throughout the Union and internationally;

| — | cooperating regarding the coordination of a common framework for the governance of the development, deployment and use of artificial intelligence, robotics and related technologies to be implemented by the ‘Supervisory Authority’ in each Member State; |
| --- | --- |

—

cooperating regarding the coordination of a common framework for the governance of the development, deployment and use of artificial intelligence, robotics and related technologies to be implemented by the ‘Supervisory Authority’ in each Member State;

| — | cooperating regarding serving as a centre for expertise by promoting the exchange of information and supporting the development of a common understanding in the Single Market; |
| --- | --- |

—

cooperating regarding serving as a centre for expertise by promoting the exchange of information and supporting the development of a common understanding in the Single Market;

| — | cooperating regarding the hosting of a Working Group on Security and Defence. |
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—

cooperating regarding the hosting of a Working Group on Security and Defence.

| V. | Additionally, the Commission should carry out the following tasks:






  — | drawing up and subsequently updating, by means of delegated acts, a common list of high-risk technologies identified within the Union in cooperation with the ‘Supervisory Authority’ in each Member State; |
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V.

Additionally, the Commission should carry out the following tasks:

—

drawing up and subsequently updating, by means of delegated acts, a common list of high-risk technologies identified within the Union in cooperation with the ‘Supervisory Authority’ in each Member State;

| — | updating, by means of delegated acts, the list provided for in the Annex to the Regulation. |
| --- | --- |

—

updating, by means of delegated acts, the list provided for in the Annex to the Regulation.

| VI. | The ‘Supervisory Authority’ in each Member State should carry out the following main tasks:






  — | contributing to the consistent application of the regulatory framework established in the proposal for a Regulation requested in cooperation with the ‘Supervisory Authority’ in the other Member States, as well as other authorities responsible for implementing sectorial legislation, the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context, namely regarding the application of the risk assessment criteria provided for in the proposal for a Regulation requested and of the list of high-risk sectors and of high-risk uses or purposes set out in its annex, and the following supervision of the implementation of required and appropriate measures where high-risk technologies are identified as a result of such application; |
| --- | --- | --- |

VI.

The ‘Supervisory Authority’ in each Member State should carry out the following main tasks:

—

contributing to the consistent application of the regulatory framework established in the proposal for a Regulation requested in cooperation with the ‘Supervisory Authority’ in the other Member States, as well as other authorities responsible for implementing sectorial legislation, the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context, namely regarding the application of the risk assessment criteria provided for in the proposal for a Regulation requested and of the list of high-risk sectors and of high-risk uses or purposes set out in its annex, and the following supervision of the implementation of required and appropriate measures where high-risk technologies are identified as a result of such application;

| — | assessing whether artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union are to be considered high-risk technologies in accordance with the risk assessment criteria provided for in the proposal for a Regulation requested and in the list set out in its annex; |
| --- | --- |

—

assessing whether artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union are to be considered high-risk technologies in accordance with the risk assessment criteria provided for in the proposal for a Regulation requested and in the list set out in its annex;

| — | issuing a European certificate of compliance with ethical principles and legal obligations as laid down in the proposal for Regulation requested and relevant Union law, including when resulting from an application process for any developer, deployer or user of technologies not considered as high-risk seeking to certify their compliance with the proposal for a Regulation requested, as developed by the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context; |
| --- | --- |

—

issuing a European certificate of compliance with ethical principles and legal obligations as laid down in the proposal for Regulation requested and relevant Union law, including when resulting from an application process for any developer, deployer or user of technologies not considered as high-risk seeking to certify their compliance with the proposal for a Regulation requested, as developed by the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context;

| — | assessing and monitoring their compliance with ethical principles and legal obligations as laid down in the proposal for a Regulation requested and relevant Union law; |
| --- | --- |

—

assessing and monitoring their compliance with ethical principles and legal obligations as laid down in the proposal for a Regulation requested and relevant Union law;

| — | being responsible for establishing and implementing standards for the governance of artificial intelligence, robotics and related technologies, including by liaising and sustaining a regular dialogue with all relevant stakeholders and civil society representatives; to that end, cooperating with the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context regarding the coordination of a common framework at Union level; |
| --- | --- |

—

being responsible for establishing and implementing standards for the governance of artificial intelligence, robotics and related technologies, including by liaising and sustaining a regular dialogue with all relevant stakeholders and civil society representatives; to that end, cooperating with the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context regarding the coordination of a common framework at Union level;

| — | raising awareness, providing information on artificial intelligence, robotics and related technologies to the public, and supporting the training of relevant professions, including in the judiciary, thereby empowering citizens and workers with the digital literacy, skills and tools necessary for a fair transition; |
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—

raising awareness, providing information on artificial intelligence, robotics and related technologies to the public, and supporting the training of relevant professions, including in the judiciary, thereby empowering citizens and workers with the digital literacy, skills and tools necessary for a fair transition;

| — | serving as a first point of contact in cases of a suspected breach of the legal obligations and ethical principles set out in the proposal for a Regulation requested and carrying out a compliance assessment in such cases; in the context of this compliance assessment, it may consult and/or inform other competent authorities in the Union, notably the Consumer Protection Cooperation Network, national consumer protection bodies, civil society organisations and social partners. |
| --- | --- |

—

serving as a first point of contact in cases of a suspected breach of the legal obligations and ethical principles set out in the proposal for a Regulation requested and carrying out a compliance assessment in such cases; in the context of this compliance assessment, it may consult and/or inform other competent authorities in the Union, notably the Consumer Protection Cooperation Network, national consumer protection bodies, civil society organisations and social partners.

| VII. | The key role of stakeholders should be to engage with the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context and the ‘Supervisory Authority’ in each Member State. |
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VII.

The key role of stakeholders should be to engage with the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context and the ‘Supervisory Authority’ in each Member State.

B.   TEXT OF THE LEGISLATIVE PROPOSAL REQUESTED

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

Acting in accordance with the ordinary legislative procedure,

Whereas:

| (1) | The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should be based on a desire to serve society. Such technologies can entail opportunities and risks, which should be addressed and regulated by a comprehensive regulatory framework at Union level, reflecting ethical principles, to be complied with from the moment of the development and deployment of such technologies to their use. |
| --- | --- |

(1)

The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should be based on a desire to serve society. Such technologies can entail opportunities and risks, which should be addressed and regulated by a comprehensive regulatory framework at Union level, reflecting ethical principles, to be complied with from the moment of the development and deployment of such technologies to their use.

| (2) | Compliance with such a regulatory framework regarding the development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, in the Union should of a level that is equivalent in all Member States, in order to efficiently seize the opportunities and consistently address the risks of such technologies, as well as avoid regulatory fragmentation. It should be ensured that the application of the rules set out in this Regulation throughout the Union is homogenous. |
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(2)

Compliance with such a regulatory framework regarding the development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, in the Union should of a level that is equivalent in all Member States, in order to efficiently seize the opportunities and consistently address the risks of such technologies, as well as avoid regulatory fragmentation. It should be ensured that the application of the rules set out in this Regulation throughout the Union is homogenous.

| (3) | In this context, the current diversity of the rules and practices to be followed across the Union poses a significant risk of fragmentation of the Single Market and to the protection of the well-being and prosperity of individuals and society alike, as well as to the coherent exploration of the full potential that artificial intelligence, robotics and related technologies have for promoting innovation and preserving that well-being and prosperity. Differences in the degree of consideration on the part of developers, deployers and users of the ethical dimension inherent to these technologies can prevent them from being freely developed, deployed or used within the Union and such differences can constitute an obstacle to a level playing field and to the pursuit of technological progress and economic activities at Union level, distort competition and impede authorities in the fulfilment of their obligations under Union law. In addition, the absence of a common regulatory framework, reflecting ethical principles, for the development, deployment and use of artificial intelligence, robotics and related technologies results in legal uncertainty for all those involved, namely developers, deployers and users. |
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(3)

In this context, the current diversity of the rules and practices to be followed across the Union poses a significant risk of fragmentation of the Single Market and to the protection of the well-being and prosperity of individuals and society alike, as well as to the coherent exploration of the full potential that artificial intelligence, robotics and related technologies have for promoting innovation and preserving that well-being and prosperity. Differences in the degree of consideration on the part of developers, deployers and users of the ethical dimension inherent to these technologies can prevent them from being freely developed, deployed or used within the Union and such differences can constitute an obstacle to a level playing field and to the pursuit of technological progress and economic activities at Union level, distort competition and impede authorities in the fulfilment of their obligations under Union law. In addition, the absence of a common regulatory framework, reflecting ethical principles, for the development, deployment and use of artificial intelligence, robotics and related technologies results in legal uncertainty for all those involved, namely developers, deployers and users.

| (4) | Nevertheless, while contributing to a coherent approach at Union level and within the limits set by it, this Regulation should provide a margin for implementation by Member States, including with regard to how the mandate of their respective national supervisory authority is to be carried out, in view of the objective it is to achieve as set out herein. |
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(4)

Nevertheless, while contributing to a coherent approach at Union level and within the limits set by it, this Regulation should provide a margin for implementation by Member States, including with regard to how the mandate of their respective national supervisory authority is to be carried out, in view of the objective it is to achieve as set out herein.

| (5) | This Regulation is without prejudice to existing or future sectorial legislation. It should be proportionate with regard to its objective so as not to unduly hamper innovation in the Union and be in accordance with a risk-based approach. |
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(5)

This Regulation is without prejudice to existing or future sectorial legislation. It should be proportionate with regard to its objective so as not to unduly hamper innovation in the Union and be in accordance with a risk-based approach.

| (6) | The geographical scope of application of such a framework should cover all the components of artificial intelligence, robotics and related technologies throughout their development, deployment and use in the Union, including in cases where part of the technologies might be located outside the Union or not have a specific or single location, such as in the case of cloud computing services. |
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(6)

The geographical scope of application of such a framework should cover all the components of artificial intelligence, robotics and related technologies throughout their development, deployment and use in the Union, including in cases where part of the technologies might be located outside the Union or not have a specific or single location, such as in the case of cloud computing services.

| (7) | A common understanding in the Union of notions such as artificial intelligence, robotics, related technologies and biometric recognition is required in order to allow for a unified regulatory approach and thus legal certainty for citizens and companies alike. They should be technologically neutral and subject to review whenever necessary. |
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(7)

A common understanding in the Union of notions such as artificial intelligence, robotics, related technologies and biometric recognition is required in order to allow for a unified regulatory approach and thus legal certainty for citizens and companies alike. They should be technologically neutral and subject to review whenever necessary.

| (8) | In addition, the fact that there are technologies related to artificial intelligence and robotics that enable software to control physical or virtual processes, at a varying degree of autonomy (1), needs to be considered. For example, for automated driving of vehicles, six levels of driving automation have been propose by SAE international standard J3016. |
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(8)

In addition, the fact that there are technologies related to artificial intelligence and robotics that enable software to control physical or virtual processes, at a varying degree of autonomy (1), needs to be considered. For example, for automated driving of vehicles, six levels of driving automation have been propose by SAE international standard J3016.

| (9) | The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should complement human capabilities, not substitute them and ensure that their execution does not run against the best interests of citizens and that it complies with Union law, fundamental rights as set out in the Charter of Fundamental Rights of the European Union (the ‘Charter’), settled case-law of the Court of Justice of the European Union, and other European and international instruments which apply in the Union. |
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(9)

The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should complement human capabilities, not substitute them and ensure that their execution does not run against the best interests of citizens and that it complies with Union law, fundamental rights as set out in the Charter of Fundamental Rights of the European Union (the ‘Charter’), settled case-law of the Court of Justice of the European Union, and other European and international instruments which apply in the Union.

| (10) | Decisions made or informed by artificial intelligence, robotics and related technologies should remain subject to meaningful human review, judgment, intervention and control. The technical and operational complexity of such technologies should never prevent their deployer or user from being able to, at the very least, trigger a fail-safe shutdown, alter or halt their operation, or revert to a previous state restoring safe functionalities in cases where the compliance with Union law and the ethical principles and legal obligations laid down in this Regulation is at risk. |
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(10)

Decisions made or informed by artificial intelligence, robotics and related technologies should remain subject to meaningful human review, judgment, intervention and control. The technical and operational complexity of such technologies should never prevent their deployer or user from being able to, at the very least, trigger a fail-safe shutdown, alter or halt their operation, or revert to a previous state restoring safe functionalities in cases where the compliance with Union law and the ethical principles and legal obligations laid down in this Regulation is at risk.

| (11) | Artificial intelligence, robotics and related technologies whose development, deployment and use entail a significant risk of causing injury or harm to individuals or society in breach of fundamental rights and safety rules as laid down in Union law, should be considered as high-risk technologies. For the purposes of assessing them as such, the sector where they are developed, deployed or used, their specific use or purpose and the severity of the injury or harm that can be expected to occur should be considered. The degree of severity should be determined based on the extent of the potential injury or harm, the number of affected persons, the total value of damage caused and the harm to society as a whole. Severe types of injury and harm are, for instance, violations of children’s, consumers’ or workers’ rights that, due to their extent, the number of children, consumers or workers affected or their impact on society as a whole entail a significant risk to breach fundamental rights and safety rules as laid down in Union law. This Regulation should provide an exhaustive and cumulative list of high-risk sectors, and high-risk uses and purposes. |
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(11)

Artificial intelligence, robotics and related technologies whose development, deployment and use entail a significant risk of causing injury or harm to individuals or society in breach of fundamental rights and safety rules as laid down in Union law, should be considered as high-risk technologies. For the purposes of assessing them as such, the sector where they are developed, deployed or used, their specific use or purpose and the severity of the injury or harm that can be expected to occur should be considered. The degree of severity should be determined based on the extent of the potential injury or harm, the number of affected persons, the total value of damage caused and the harm to society as a whole. Severe types of injury and harm are, for instance, violations of children’s, consumers’ or workers’ rights that, due to their extent, the number of children, consumers or workers affected or their impact on society as a whole entail a significant risk to breach fundamental rights and safety rules as laid down in Union law. This Regulation should provide an exhaustive and cumulative list of high-risk sectors, and high-risk uses and purposes.

| (12) | The obligations laid down in this Regulation, specifically those regarding high-risk technologies, should only apply to artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union, which, following the risk assessment provided for in this Regulation, are considered as high-risk. Such obligations are to be complied with without prejudice to the general obligation that any artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should be developed, deployed and used in the Union in a human-centric manner and based on the principles of human autonomy and human safety in accordance with Union law and in full respect of fundamental rights such as human dignity, right to liberty and security and right to the integrity of the person. |
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(12)

The obligations laid down in this Regulation, specifically those regarding high-risk technologies, should only apply to artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union, which, following the risk assessment provided for in this Regulation, are considered as high-risk. Such obligations are to be complied with without prejudice to the general obligation that any artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should be developed, deployed and used in the Union in a human-centric manner and based on the principles of human autonomy and human safety in accordance with Union law and in full respect of fundamental rights such as human dignity, right to liberty and security and right to the integrity of the person.

| (13) | High-risk technologies should respect the principles of safety, transparency, accountability, non-bias or non-discrimination, social responsibility and gender equality, right to redress, environmental sustainability, privacy and good governance, following an impartial, objective and external risk assessment by the national supervisory authority in accordance with the criteria provided for in this Regulation and in the list set out in its annex. This assessment should take into account the views and any self-assessment made by the developer or deployer. |
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(13)

High-risk technologies should respect the principles of safety, transparency, accountability, non-bias or non-discrimination, social responsibility and gender equality, right to redress, environmental sustainability, privacy and good governance, following an impartial, objective and external risk assessment by the national supervisory authority in accordance with the criteria provided for in this Regulation and in the list set out in its annex. This assessment should take into account the views and any self-assessment made by the developer or deployer.

| (14) | The Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated for this purpose should prepare non-binding implementation guidelines for developers, deployers and users on the methodology for compliance with this Regulation. In doing so, they should consult relevant stakeholders. |
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(14)

The Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated for this purpose should prepare non-binding implementation guidelines for developers, deployers and users on the methodology for compliance with this Regulation. In doing so, they should consult relevant stakeholders.

| (15) | There should be coherence within the Union when it comes to the risk assessment of these technologies, especially in the event they are assessed both in light of this Regulation and in accordance with any applicable sector-specific legislation. Accordingly, national supervisory authorities should inform other authorities carrying out risk assessments in accordance with any sector-specific legislation when these technologies are assessed as high-risk following the risk assessment provided for in this Regulation. |
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(15)

There should be coherence within the Union when it comes to the risk assessment of these technologies, especially in the event they are assessed both in light of this Regulation and in accordance with any applicable sector-specific legislation. Accordingly, national supervisory authorities should inform other authorities carrying out risk assessments in accordance with any sector-specific legislation when these technologies are assessed as high-risk following the risk assessment provided for in this Regulation.

| (16) | To be trustworthy high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies should be developed, deployed and used in a safe, transparent and accountable manner in accordance with the safety features of robustness, resilience, security, accuracy and error identification, explainability, interpretability, auditability, transparency and identifiability, and in a manner that makes it possible to disable the functionalities concerned or to revert to a previous state restoring safe functionalities, in cases of non-compliance with those features. Transparency should be ensured by allowing access to public authorities, when strictly necessary, to technology, data and computing systems underlying such technologies. |
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(16)

To be trustworthy high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies should be developed, deployed and used in a safe, transparent and accountable manner in accordance with the safety features of robustness, resilience, security, accuracy and error identification, explainability, interpretability, auditability, transparency and identifiability, and in a manner that makes it possible to disable the functionalities concerned or to revert to a previous state restoring safe functionalities, in cases of non-compliance with those features. Transparency should be ensured by allowing access to public authorities, when strictly necessary, to technology, data and computing systems underlying such technologies.

| (17) | Developers, deployers and users of artificial intelligence, robotics and related technologies, especially high-risk technologies, are responsible to varying degrees for the compliance with safety, transparency and accountability principles to the extent of their involvement with the technologies concerned, including the software, algorithms and data used or produced by such technologies. Developers should ensure that the technologies concerned are designed and built in line with the safety features set out in this Regulation, whereas deployers and users should deploy and use the concerned technologies in full observance of those features. To this end, developers of high-risk technologies should evaluate and anticipate the risks of misuse that can reasonably be expected regarding of the technologies they develop. They must also ensure that the systems they develop indicate to the extent possible and through appropriate means, such as disclaimer messages, the likelihood of errors or inaccuracies. |
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(17)

Developers, deployers and users of artificial intelligence, robotics and related technologies, especially high-risk technologies, are responsible to varying degrees for the compliance with safety, transparency and accountability principles to the extent of their involvement with the technologies concerned, including the software, algorithms and data used or produced by such technologies. Developers should ensure that the technologies concerned are designed and built in line with the safety features set out in this Regulation, whereas deployers and users should deploy and use the concerned technologies in full observance of those features. To this end, developers of high-risk technologies should evaluate and anticipate the risks of misuse that can reasonably be expected regarding of the technologies they develop. They must also ensure that the systems they develop indicate to the extent possible and through appropriate means, such as disclaimer messages, the likelihood of errors or inaccuracies.

| (18) | Developers and deployers should make available to users any subsequent updates of the technologies concerned, namely in terms of software as stipulated by contract or laid down in Union or national law. In addition where a risk assessment so indicates, developers and deployers should provide public authorities with the relevant documentation on the use of the technologies concerned and safety instructions in that regard, including, when strictly necessary and in full respect of Union law on data protection, privacy and intellectual property rights and trade secrets, the source code, development tools and data used by the system. |
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(18)

Developers and deployers should make available to users any subsequent updates of the technologies concerned, namely in terms of software as stipulated by contract or laid down in Union or national law. In addition where a risk assessment so indicates, developers and deployers should provide public authorities with the relevant documentation on the use of the technologies concerned and safety instructions in that regard, including, when strictly necessary and in full respect of Union law on data protection, privacy and intellectual property rights and trade secrets, the source code, development tools and data used by the system.

| (19) | Individuals have a right to expect the technology they use to perform in a reasonable manner and to respect their trust. The trust placed by citizens in artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, depends on the understanding and comprehension of the technical processes. The degree of explainability of such processes should depend on the context of those technical processes, and on the severity of the consequences of an erroneous or inaccurate output, and needs to be sufficient for challenging them and for seeking redress. Auditability, traceability, and transparency should address any possible unintelligibility of such technologies. |
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(19)

Individuals have a right to expect the technology they use to perform in a reasonable manner and to respect their trust. The trust placed by citizens in artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, depends on the understanding and comprehension of the technical processes. The degree of explainability of such processes should depend on the context of those technical processes, and on the severity of the consequences of an erroneous or inaccurate output, and needs to be sufficient for challenging them and for seeking redress. Auditability, traceability, and transparency should address any possible unintelligibility of such technologies.

| (20) | Society’s trust in artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, depends on the degree to which their assessment, auditability and traceability are enabled in the technologies concerned. Where the extent of their involvement so requires, developers should ensure that such technologies are designed and built in a manner that enables such an assessment, auditing and traceability. Within the limits of what is technically possible, developers, deployers and users should ensure that artificial intelligence, robotics and related technologies are deployed and used in full respect of transparency requirements, and allowing auditing and traceability. |
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(20)

Society’s trust in artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, depends on the degree to which their assessment, auditability and traceability are enabled in the technologies concerned. Where the extent of their involvement so requires, developers should ensure that such technologies are designed and built in a manner that enables such an assessment, auditing and traceability. Within the limits of what is technically possible, developers, deployers and users should ensure that artificial intelligence, robotics and related technologies are deployed and used in full respect of transparency requirements, and allowing auditing and traceability.

| (21) | In order to ensure transparency and accountability, citizens should be informed when a system uses artificial intelligence, when artificial intelligence systems personalise a product or service for its users, whether they can switch off or limit the personalisation and when they are faced with an automated decision making technology. Furthermore, transparency measures should be accompanied, as far as this is technically possible, by clear and understandable explanations of the data used and of the algorithm, its purpose, its outcomes and its potential dangers. |
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(21)

In order to ensure transparency and accountability, citizens should be informed when a system uses artificial intelligence, when artificial intelligence systems personalise a product or service for its users, whether they can switch off or limit the personalisation and when they are faced with an automated decision making technology. Furthermore, transparency measures should be accompanied, as far as this is technically possible, by clear and understandable explanations of the data used and of the algorithm, its purpose, its outcomes and its potential dangers.

| (22) | Bias in and discrimination by software, algorithms and data is unlawful and should be addressed by regulating the processes through which they are designed and deployed. Bias can originate both from decisions informed or made by an automated system as well as from data sets on which such decision making is based or with which the system is trained. |
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(22)

Bias in and discrimination by software, algorithms and data is unlawful and should be addressed by regulating the processes through which they are designed and deployed. Bias can originate both from decisions informed or made by an automated system as well as from data sets on which such decision making is based or with which the system is trained.

| (23) | Software, algorithms and data used or produced by artificial intelligence, robotics and related technologies should be considered biased where, for example, they display suboptimal results in relation to any person or group of persons, on the basis of a prejudiced personal or social perception and subsequent processing of data relating to their traits. |
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(23)

Software, algorithms and data used or produced by artificial intelligence, robotics and related technologies should be considered biased where, for example, they display suboptimal results in relation to any person or group of persons, on the basis of a prejudiced personal or social perception and subsequent processing of data relating to their traits.

| (24) | In line with Union law, software, algorithms and data used or produced by artificial intelligence, robotics and related technologies should be considered discriminatory where they produce outcomes that have disproportionate negative effects and result in different treatment of a person or group of persons, including by putting them at a disadvantage when compared to others, based on grounds such as their personal traits, without objective or reasonable justification and regardless of any claims of neutrality of the technologies. |
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(24)

In line with Union law, software, algorithms and data used or produced by artificial intelligence, robotics and related technologies should be considered discriminatory where they produce outcomes that have disproportionate negative effects and result in different treatment of a person or group of persons, including by putting them at a disadvantage when compared to others, based on grounds such as their personal traits, without objective or reasonable justification and regardless of any claims of neutrality of the technologies.

| (25) | In line with Union law, legitimate aims that could under this Regulation be considered to objectively justify any differential treatment between persons or group of persons are the protection of public safety, security and health, the prevention of criminal offences, the protection of fundamental rights and freedoms, fair representation and objective requirements for holding a professional occupation. |
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(25)

In line with Union law, legitimate aims that could under this Regulation be considered to objectively justify any differential treatment between persons or group of persons are the protection of public safety, security and health, the prevention of criminal offences, the protection of fundamental rights and freedoms, fair representation and objective requirements for holding a professional occupation.

| (26) | Artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should contribute to sustainable progress. Such technologies should not run counter to the cause of preservation of the environment or the green transition. They could play an important role in achieving the Sustainable Development Goals outlined by the United Nations with a view to enabling future generations to flourish. Such technologies can support the monitoring of adequate progress on the basis of sustainability and social cohesion indicators, and by using responsible research and innovation tools requiring the mobilisation of resources by the Union and its Member States to support and invest in projects addressing those goals. |
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(26)

Artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should contribute to sustainable progress. Such technologies should not run counter to the cause of preservation of the environment or the green transition. They could play an important role in achieving the Sustainable Development Goals outlined by the United Nations with a view to enabling future generations to flourish. Such technologies can support the monitoring of adequate progress on the basis of sustainability and social cohesion indicators, and by using responsible research and innovation tools requiring the mobilisation of resources by the Union and its Member States to support and invest in projects addressing those goals.

| (27) | The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should in no way purposefully cause or accept by design injury or harm of any kind to individuals or society. Accordingly, high-risk technologies in particular should be developed, deployed and used in a socially responsible manner. |
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(27)

The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should in no way purposefully cause or accept by design injury or harm of any kind to individuals or society. Accordingly, high-risk technologies in particular should be developed, deployed and used in a socially responsible manner.

| (28) | Therefore, developers, deployers and users should be held responsible, to the extent of their involvement in the artificial intelligence, robotics and related technologies concerned, and in accordance with Union and national liability rules, for any injury or harm inflicted upon individuals and society. |
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(28)

Therefore, developers, deployers and users should be held responsible, to the extent of their involvement in the artificial intelligence, robotics and related technologies concerned, and in accordance with Union and national liability rules, for any injury or harm inflicted upon individuals and society.

| (29) | In particular, the developers who take decisions that determine and control the course or manner of the development of artificial intelligence, robotics and related technologies, as well as the deployers who are involved in their deployment by taking decisions regarding such deployment and by exercising control over the associated risks or benefiting from such deployment, with a controlling or managing function, should be generally considered responsible for avoiding the occurrence of any such injury or harm, by putting adequate measures in place during the development process and thoroughly respecting such measures during the deployment phase, respectively. |
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(29)

In particular, the developers who take decisions that determine and control the course or manner of the development of artificial intelligence, robotics and related technologies, as well as the deployers who are involved in their deployment by taking decisions regarding such deployment and by exercising control over the associated risks or benefiting from such deployment, with a controlling or managing function, should be generally considered responsible for avoiding the occurrence of any such injury or harm, by putting adequate measures in place during the development process and thoroughly respecting such measures during the deployment phase, respectively.

| (30) | Socially responsible artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, can be defined as technologies which contribute to find solutions that safeguard and promote different aims regarding society, most notably democracy, health and economic prosperity, equality of opportunity, workers’ and social rights, diverse and independent media and objective and freely available information, allowing for public debate, quality education, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativity. They are also those that are developed, deployed and used having due regard for their ultimate impact on the physical and mental well-being of citizens and that do not promote hate speech or violence. Such aims should be achieved in particular by means of high-risk technologies. |
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(30)

Socially responsible artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, can be defined as technologies which contribute to find solutions that safeguard and promote different aims regarding society, most notably democracy, health and economic prosperity, equality of opportunity, workers’ and social rights, diverse and independent media and objective and freely available information, allowing for public debate, quality education, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativity. They are also those that are developed, deployed and used having due regard for their ultimate impact on the physical and mental well-being of citizens and that do not promote hate speech or violence. Such aims should be achieved in particular by means of high-risk technologies.

| (31) | Artificial intelligence, robotics and related technologies should also be developed, deployed and used with a view to supporting social inclusion, democracy, plurality, solidarity, fairness, equality and cooperation and their potential in that context should be maximised and explored through research and innovation projects. The Union and its Member States should therefore mobilise their communication, administrative and financial resources for the purpose of supporting and investing in such projects. |
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(31)

Artificial intelligence, robotics and related technologies should also be developed, deployed and used with a view to supporting social inclusion, democracy, plurality, solidarity, fairness, equality and cooperation and their potential in that context should be maximised and explored through research and innovation projects. The Union and its Member States should therefore mobilise their communication, administrative and financial resources for the purpose of supporting and investing in such projects.

| (32) | Projects relating to the potential of artificial intelligence, robotics and related technologies to deal with the question of social well-being should be carried out on the basis of responsible research and innovation tools so as to guarantee the compliance with ethical principles of those projects from the outset. |
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(32)

Projects relating to the potential of artificial intelligence, robotics and related technologies to deal with the question of social well-being should be carried out on the basis of responsible research and innovation tools so as to guarantee the compliance with ethical principles of those projects from the outset.

| (33) | The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should take into consideration their environmental footprint. In line with obligations laid down in applicable Union law, such technologies should not cause harm to the environment during their lifecycle and across their entire supply chain and should be developed, deployed and used in a manner that preserves the environment, mitigates and remedies their environmental footprint, contributes to the green transition and supports the achievement of climate neutrality and circular economy goals. |
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(33)

The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should take into consideration their environmental footprint. In line with obligations laid down in applicable Union law, such technologies should not cause harm to the environment during their lifecycle and across their entire supply chain and should be developed, deployed and used in a manner that preserves the environment, mitigates and remedies their environmental footprint, contributes to the green transition and supports the achievement of climate neutrality and circular economy goals.

| (34) | For the purposes of this Regulation, developers, deployers and users should be held responsible, to the extent of their respective involvement in the development, deployment or use of any artificial intelligence, robotics and related technologies considered as high-risk, for any harm caused to the environment in accordance with the applicable environmental liability rules. |
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(34)

For the purposes of this Regulation, developers, deployers and users should be held responsible, to the extent of their respective involvement in the development, deployment or use of any artificial intelligence, robotics and related technologies considered as high-risk, for any harm caused to the environment in accordance with the applicable environmental liability rules.

| (35) | These technologies should also be developed, deployed and used with a view to supporting the achievement of environmental goals in line with the obligations laid down in applicable Union law, such as reducing waste production, diminishing the carbon footprint, combating climate change and preserving the environment, and their potential in that context should be maximised and explored through research and innovation projects. The Union and the Member States should therefore mobilise their communication, administrative and financial resources for the purpose of supporting and investing in such projects. |
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(35)

These technologies should also be developed, deployed and used with a view to supporting the achievement of environmental goals in line with the obligations laid down in applicable Union law, such as reducing waste production, diminishing the carbon footprint, combating climate change and preserving the environment, and their potential in that context should be maximised and explored through research and innovation projects. The Union and the Member States should therefore mobilise their communication, administrative and financial resources for the purpose of supporting and investing in such projects.

| (36) | Projects relating to the potential of artificial intelligence, robotics and related technologies in addressing environmental concerns should be carried out on the basis of responsible research and innovation tools so as to guarantee from the outset the compliance of those projects with ethical principles. |
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(36)

Projects relating to the potential of artificial intelligence, robotics and related technologies in addressing environmental concerns should be carried out on the basis of responsible research and innovation tools so as to guarantee from the outset the compliance of those projects with ethical principles.

| (37) | Any artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union should fully respect Union citizens’ rights to privacy and protection of personal data. In particular, their development, deployment and use should be in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (2) and Directive 2002/58/EC of the European Parliament and of the Council (3). |
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(37)

Any artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union should fully respect Union citizens’ rights to privacy and protection of personal data. In particular, their development, deployment and use should be in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (2) and Directive 2002/58/EC of the European Parliament and of the Council (3).

| (38) | In particular, the ethical boundaries of the use of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should be duly considered when using remote recognition technologies, such as recognition of biometric features, notably facial recognition, to automatically identify individuals. When these technologies are used by public authorities for reasons of substantial public interest, namely to guarantee the security of individuals and to address national emergencies, and not to guarantee the security of properties, the use should always be disclosed, proportionate, targeted and limited to specific objectives and restricted in time in accordance with Union law and having due regard to human dignity and autonomy and the fundamental rights set out in the Charter. Criteria for and limits to that use should be subject to judicial review and submitted to democratic scrutiny and debate involving civil society. |
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(38)

In particular, the ethical boundaries of the use of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should be duly considered when using remote recognition technologies, such as recognition of biometric features, notably facial recognition, to automatically identify individuals. When these technologies are used by public authorities for reasons of substantial public interest, namely to guarantee the security of individuals and to address national emergencies, and not to guarantee the security of properties, the use should always be disclosed, proportionate, targeted and limited to specific objectives and restricted in time in accordance with Union law and having due regard to human dignity and autonomy and the fundamental rights set out in the Charter. Criteria for and limits to that use should be subject to judicial review and submitted to democratic scrutiny and debate involving civil society.

| (39) | Governance that is based on relevant standards enhances safety and promotes the increase of citizens’ trust in the development, deployment and use of artificial intelligence, robotics and related technologies including software, algorithms and data used or produced by such technologies. |
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(39)

Governance that is based on relevant standards enhances safety and promotes the increase of citizens’ trust in the development, deployment and use of artificial intelligence, robotics and related technologies including software, algorithms and data used or produced by such technologies.

| (40) | Public authorities should conduct impact assessments regarding fundamental rights before deploying high-risk technologies which provide support for decisions that are taken in the public sector and that have a direct and significant impact on citizens’ rights and obligations. |
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(40)

Public authorities should conduct impact assessments regarding fundamental rights before deploying high-risk technologies which provide support for decisions that are taken in the public sector and that have a direct and significant impact on citizens’ rights and obligations.

| (41) | Among the existing relevant governance standards are, for example, the ‘Ethics Guidelines for Trustworthy AI’ drafted by the High-Level Expert Group on Artificial Intelligence set up by the European Commission, and any other technical standards such as those adopted by the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC), and the European Telecommunications Standards Institute (ETSI), at European level, the International Organization for Standardization (ISO) and the Institute of Electrical and Electronics Engineers (IEEE), at international level. |
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(41)

Among the existing relevant governance standards are, for example, the ‘Ethics Guidelines for Trustworthy AI’ drafted by the High-Level Expert Group on Artificial Intelligence set up by the European Commission, and any other technical standards such as those adopted by the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC), and the European Telecommunications Standards Institute (ETSI), at European level, the International Organization for Standardization (ISO) and the Institute of Electrical and Electronics Engineers (IEEE), at international level.

| (42) | Sharing and use of data by multiple participants is sensitive and therefore the development, deployment and use of artificial intelligence, robotics and related technologies should be governed by relevant rules, standards and protocols reflecting the requirements of quality, integrity, security, reliability, privacy and control. The data governance strategy should focus on the processing, sharing of and access to such data, including its proper management, auditability and traceability, and guarantee the adequate protection of data belonging to vulnerable groups, including people with disabilities, patients, children, minorities and migrants or other groups at risk of exclusion. In addition, developers, deployers and users should be able, where relevant, to rely on key performance indicators in the assessment of the datasets they use for the purposes of enhancing the trustworthiness of the technologies they develop, deploy and use. |
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(42)

Sharing and use of data by multiple participants is sensitive and therefore the development, deployment and use of artificial intelligence, robotics and related technologies should be governed by relevant rules, standards and protocols reflecting the requirements of quality, integrity, security, reliability, privacy and control. The data governance strategy should focus on the processing, sharing of and access to such data, including its proper management, auditability and traceability, and guarantee the adequate protection of data belonging to vulnerable groups, including people with disabilities, patients, children, minorities and migrants or other groups at risk of exclusion. In addition, developers, deployers and users should be able, where relevant, to rely on key performance indicators in the assessment of the datasets they use for the purposes of enhancing the trustworthiness of the technologies they develop, deploy and use.

| (43) | Member States should appoint an independent administrative authority to act as a supervisory authority. In particular, each national supervisory authority should be responsible for identifying artificial intelligence, robotics and related technologies considered as high-risk in the light of the risk assessment criteria provided for in this Regulation and for assessing and monitoring the compliance of these technologies with the obligations laid down in this Regulation. |
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(43)

Member States should appoint an independent administrative authority to act as a supervisory authority. In particular, each national supervisory authority should be responsible for identifying artificial intelligence, robotics and related technologies considered as high-risk in the light of the risk assessment criteria provided for in this Regulation and for assessing and monitoring the compliance of these technologies with the obligations laid down in this Regulation.

| (44) | Each national supervisory authority should also carry the responsibility of the good governance of these technologies under the coordination of the Commission and/or any relevant institutions, bodies, offices or agencies of the Union that may be designated for this purpose. They therefore have an important role to play in promoting the trust and safety of Union citizens, as well as in enabling a democratic, pluralistic and equitable society. |
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(44)

Each national supervisory authority should also carry the responsibility of the good governance of these technologies under the coordination of the Commission and/or any relevant institutions, bodies, offices or agencies of the Union that may be designated for this purpose. They therefore have an important role to play in promoting the trust and safety of Union citizens, as well as in enabling a democratic, pluralistic and equitable society.

| (45) | For the purposes of assessing technologies which are high-risk in accordance with this Regulation and monitoring their compliance with it, national supervisory authorities should, where applicable, cooperate with the authorities responsible for assessing and monitoring these technologies and enforcing their compliance with sectorial legislation. |
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(45)

For the purposes of assessing technologies which are high-risk in accordance with this Regulation and monitoring their compliance with it, national supervisory authorities should, where applicable, cooperate with the authorities responsible for assessing and monitoring these technologies and enforcing their compliance with sectorial legislation.

| (46) | National supervisory authorities should engage in substantial and regular cooperation with each other, as well as with the European Commission and other relevant institutions, bodies, offices and agencies of the Union, in order to guarantee a coherent cross-border action, and allow for consistent development, deployment and use of these technologies within the Union in compliance with the ethical principles and legal obligations laid down in this Regulation. |
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(46)

National supervisory authorities should engage in substantial and regular cooperation with each other, as well as with the European Commission and other relevant institutions, bodies, offices and agencies of the Union, in order to guarantee a coherent cross-border action, and allow for consistent development, deployment and use of these technologies within the Union in compliance with the ethical principles and legal obligations laid down in this Regulation.

| (47) | In the context of such cooperation and in view of achieving full harmonisation at Union level, national supervisory authorities should assist the Commission regarding drawing up a common and exhaustive list of high-risk artificial intelligence, robotics and related technologies in line with the criteria provided for in this Regulation and its Annex. Furthermore a granting process should be developed for the issuing of a European certificate of ethical compliance, including a voluntary application process for any developer, deployer or user of technologies not considered as high-risk seeking to certify their compliance with this Regulation. |
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(47)

In the context of such cooperation and in view of achieving full harmonisation at Union level, national supervisory authorities should assist the Commission regarding drawing up a common and exhaustive list of high-risk artificial intelligence, robotics and related technologies in line with the criteria provided for in this Regulation and its Annex. Furthermore a granting process should be developed for the issuing of a European certificate of ethical compliance, including a voluntary application process for any developer, deployer or user of technologies not considered as high-risk seeking to certify their compliance with this Regulation.

| (48) | National supervisory authorities should ensure the gathering of a maximum number of stakeholders such as industry, businesses, social partners, researchers, consumers and civil society organisations, and provide a pluralistic forum for reflection and exchange of views so as to achieve comprehensible and accurate conclusions for the purpose of guiding how governance is regulated. |
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(48)

National supervisory authorities should ensure the gathering of a maximum number of stakeholders such as industry, businesses, social partners, researchers, consumers and civil society organisations, and provide a pluralistic forum for reflection and exchange of views so as to achieve comprehensible and accurate conclusions for the purpose of guiding how governance is regulated.

| (49) | National supervisory authorities should ensure the gathering of a maximum number of stakeholders such as industry, businesses, social partners, researchers, consumers and civil society organisations, and provide a pluralistic forum for reflection and exchange of views, to facilitate cooperation with and collaboration between stakeholders, in particular from academia, research, industry, civil society and individual experts, so as to achieve comprehensible and accurate conclusions for the purpose of guiding how governance is regulated. |
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(49)

National supervisory authorities should ensure the gathering of a maximum number of stakeholders such as industry, businesses, social partners, researchers, consumers and civil society organisations, and provide a pluralistic forum for reflection and exchange of views, to facilitate cooperation with and collaboration between stakeholders, in particular from academia, research, industry, civil society and individual experts, so as to achieve comprehensible and accurate conclusions for the purpose of guiding how governance is regulated.

| (50) | Additionally, these national supervisory authorities should provide professional administrative guidance and support to developers, deployers and users, particularly small and medium-sized enterprises or start-ups, encountering challenges as regards complying with the ethical principles and legal obligations laid down in this Regulation. |
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(50)

Additionally, these national supervisory authorities should provide professional administrative guidance and support to developers, deployers and users, particularly small and medium-sized enterprises or start-ups, encountering challenges as regards complying with the ethical principles and legal obligations laid down in this Regulation.

| (51) | The Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated for this purpose should establish binding guidelines on the methodology to be used by the national supervisory authorities when conducting their compliance assessment. |
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(51)

The Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated for this purpose should establish binding guidelines on the methodology to be used by the national supervisory authorities when conducting their compliance assessment.

| (52) | Whistle-blowing brings potential and actual breaches of Union law to the attention of authorities with a view to preventing injury, harm or damage that would otherwise occur. In addition, reporting procedures ameliorate the information flow within companies and organisations, thus mitigating the risk of flawed or erroneous products or services being developed. Companies and organisations developing, deploying or using artificial intelligence, robotics and related technologies, including data used or produced by those technologies, should set up reporting channels and persons reporting breaches should be protected from retaliation. |
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(52)

Whistle-blowing brings potential and actual breaches of Union law to the attention of authorities with a view to preventing injury, harm or damage that would otherwise occur. In addition, reporting procedures ameliorate the information flow within companies and organisations, thus mitigating the risk of flawed or erroneous products or services being developed. Companies and organisations developing, deploying or using artificial intelligence, robotics and related technologies, including data used or produced by those technologies, should set up reporting channels and persons reporting breaches should be protected from retaliation.

| (53) | The rapid development of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, as well as of the technical machine learning, reasoning processes and other technologies underlying that development are unpredictable. As such, it is both appropriate and necessary to establish a review mechanism in accordance with which, in addition to its reporting on the application of the Regulation, the Commission is to regularly submit a report concerning the possible modification of the scope of application of this Regulation. |
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(53)

The rapid development of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, as well as of the technical machine learning, reasoning processes and other technologies underlying that development are unpredictable. As such, it is both appropriate and necessary to establish a review mechanism in accordance with which, in addition to its reporting on the application of the Regulation, the Commission is to regularly submit a report concerning the possible modification of the scope of application of this Regulation.

| (54) | Since the objective of this Regulation, namely to establish a common regulatory framework of ethical principles and legal obligations for the development, deployment and use of artificial intelligence, robotics and related technologies in the Union, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
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(54)

Since the objective of this Regulation, namely to establish a common regulatory framework of ethical principles and legal obligations for the development, deployment and use of artificial intelligence, robotics and related technologies in the Union, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (55) | Coordination at Union level as set out in this Regulation would be best achieved by the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context in order to avoid fragmentation and ensure the consistent application of this Regulation. The Commission should therefore be tasked with finding an appropriate solution to structure such coordination at Union level in view of coordinating the mandates and actions of the national supervisory authorities in each Member State, namely regarding the risk assessment of artificial intelligence, robotics and related technologies, the establishment of a common framework for the governance of the development, deployment and use of these technologies, the developing and issuing of a certification of compliance with the ethical principles and legal obligations laid down in this Regulation, supporting regular exchanges with concerned stakeholders and civil society and creating a centre of expertise, bringing together academia, research, industry, and individual experts at Union level to foster exchange of knowledge and technical expertise, and promoting the Union’s approach through international cooperation and ensuring a consistent reply worldwide to the opportunities and risks inherent in these technologies. |
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(55)

Coordination at Union level as set out in this Regulation would be best achieved by the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context in order to avoid fragmentation and ensure the consistent application of this Regulation. The Commission should therefore be tasked with finding an appropriate solution to structure such coordination at Union level in view of coordinating the mandates and actions of the national supervisory authorities in each Member State, namely regarding the risk assessment of artificial intelligence, robotics and related technologies, the establishment of a common framework for the governance of the development, deployment and use of these technologies, the developing and issuing of a certification of compliance with the ethical principles and legal obligations laid down in this Regulation, supporting regular exchanges with concerned stakeholders and civil society and creating a centre of expertise, bringing together academia, research, industry, and individual experts at Union level to foster exchange of knowledge and technical expertise, and promoting the Union’s approach through international cooperation and ensuring a consistent reply worldwide to the opportunities and risks inherent in these technologies.

HAVE ADOPTED THIS REGULATION:

Chapter I

General provisions

Article 1

Purpose

The purpose of this Regulation is to establish a comprehensive and future-proof Union regulatory framework of ethical principles and legal obligations for the development, deployment and use of artificial intelligence, robotics and related technologies in the Union.

Article 2

Scope

This Regulation applies to artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union.

Article 3

Geographical scope

This Regulation applies to artificial intelligence, robotics and related technologies where any part thereof is developed, deployed or used in the Union, regardless of whether the software, algorithms or data used or produced by such technologies are located outside of the Union or do not have a specific geographical location.

Article 4

Definitions

For the purposes of this Regulation, the following definitions apply:

| (a) | ‘artificial intelligence’ means a system that is either software-based or embedded in hardware devices, and that displays intelligent behaviour by, inter alia, collecting, processing, analysing, and interpreting its environment, and by taking action, with some degree of autonomy, to achieve specific goals (4); |
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(a)

‘artificial intelligence’ means a system that is either software-based or embedded in hardware devices, and that displays intelligent behaviour by, inter alia, collecting, processing, analysing, and interpreting its environment, and by taking action, with some degree of autonomy, to achieve specific goals (4);

| (b) | ‘autonomy’ means an AI-system that operates by interpreting certain input and using a set of pre-determined instructions, without being limited to such instructions, despite the system’s behaviour being constrained by and targeted at fulfilling the goal it was given and other relevant design choices made by its developer; |
| --- | --- |

(b)

‘autonomy’ means an AI-system that operates by interpreting certain input and using a set of pre-determined instructions, without being limited to such instructions, despite the system’s behaviour being constrained by and targeted at fulfilling the goal it was given and other relevant design choices made by its developer;

| (c) | ‘robotics’ means technologies that enable automatically controlled, reprogrammable, multi-purpose machines (5) to perform actions in the physical world traditionally performed or initiated by human beings, including by way of artificial intelligence or related technologies; |
| --- | --- |

(c)

‘robotics’ means technologies that enable automatically controlled, reprogrammable, multi-purpose machines (5) to perform actions in the physical world traditionally performed or initiated by human beings, including by way of artificial intelligence or related technologies;

| (d) | ‘related technologies’ means technologies that enable software to control with a partial or full degree of autonomy a physical or virtual process, technologies capable of detecting biometric, genetic or other data, and technologies that copy or otherwise make use of human traits; |
| --- | --- |

(d)

‘related technologies’ means technologies that enable software to control with a partial or full degree of autonomy a physical or virtual process, technologies capable of detecting biometric, genetic or other data, and technologies that copy or otherwise make use of human traits;

| (e) | ‘high risk’ means a significant risk entailed by the development, deployment and use of artificial intelligence, robotics and related technologies to cause injury or harm to individuals or society in breach of fundamental rights and safety rules as laid down in Union law, considering their specific use or purpose, the sector where they are developed, deployed or used and the severity of injury or harm that can be expected to occur; |
| --- | --- |

(e)

‘high risk’ means a significant risk entailed by the development, deployment and use of artificial intelligence, robotics and related technologies to cause injury or harm to individuals or society in breach of fundamental rights and safety rules as laid down in Union law, considering their specific use or purpose, the sector where they are developed, deployed or used and the severity of injury or harm that can be expected to occur;

| (f) | ‘development’ means the construction and design of algorithms, the writing and design of software or the collection, storing and management of data for the purpose of creating or training artificial intelligence, robotics and related technologies or for the purpose of creating a new application for existing artificial intelligence, robotics and related technologies; |
| --- | --- |

(f)

‘development’ means the construction and design of algorithms, the writing and design of software or the collection, storing and management of data for the purpose of creating or training artificial intelligence, robotics and related technologies or for the purpose of creating a new application for existing artificial intelligence, robotics and related technologies;

| (g) | ‘developer’ means any natural or legal person who takes decisions that determine and control the course or manner of the development of artificial intelligence, robotics and related technologies; |
| --- | --- |

(g)

‘developer’ means any natural or legal person who takes decisions that determine and control the course or manner of the development of artificial intelligence, robotics and related technologies;

| (h) | ‘deployment’ means the operation and management of artificial intelligence, robotics and related technologies, as well as their placement on the market or otherwise making them available to users; |
| --- | --- |

(h)

‘deployment’ means the operation and management of artificial intelligence, robotics and related technologies, as well as their placement on the market or otherwise making them available to users;

| (i) | ‘deployer’ means any natural or legal person who is involved in the specific deployment of artificial intelligence, robotics and related technologies with a controlling or managing function by taking decisions, exercising control over the risk and benefiting from such deployment; |
| --- | --- |

(i)

‘deployer’ means any natural or legal person who is involved in the specific deployment of artificial intelligence, robotics and related technologies with a controlling or managing function by taking decisions, exercising control over the risk and benefiting from such deployment;

| (j) | ‘use’ means any action relating to artificial intelligence, robotics and related technologies other than development or deployment; |
| --- | --- |

(j)

‘use’ means any action relating to artificial intelligence, robotics and related technologies other than development or deployment;

| (k) | ‘user’ means any natural or legal person who uses artificial intelligence, robotics and related technologies other than for the purposes of development or deployment; |
| --- | --- |

(k)

‘user’ means any natural or legal person who uses artificial intelligence, robotics and related technologies other than for the purposes of development or deployment;

| (l) | ‘bias’ means any prejudiced personal or social perception of a person or group of persons on the basis of their personal traits; |
| --- | --- |

(l)

‘bias’ means any prejudiced personal or social perception of a person or group of persons on the basis of their personal traits;

| (m) | ‘discrimination’ means any differential treatment of a person or group of persons based on a ground which has no objective or reasonable justification and is therefore prohibited by Union law; |
| --- | --- |

(m)

‘discrimination’ means any differential treatment of a person or group of persons based on a ground which has no objective or reasonable justification and is therefore prohibited by Union law;

| (n) | ‘injury or harm’ means, including where caused by hate speech, bias, discrimination or stigmatisation, physical or mental injury, material or immaterial harm such as financial or economic loss, loss of employment or educational opportunity, undue restriction of freedom of choice or expression or loss of privacy, and any infringement of Union law that is detrimental to a person; |
| --- | --- |

(n)

‘injury or harm’ means, including where caused by hate speech, bias, discrimination or stigmatisation, physical or mental injury, material or immaterial harm such as financial or economic loss, loss of employment or educational opportunity, undue restriction of freedom of choice or expression or loss of privacy, and any infringement of Union law that is detrimental to a person;

| (o) | ‘good governance’ means the manner of ensuring that the appropriate and reasonable standards and protocols of behaviour are adopted and observed by developers, deployers and users, based on a formal set of rules, procedures and values, and which allows them to deal appropriately with ethical matters as or before they arise. |
| --- | --- |

(o)

‘good governance’ means the manner of ensuring that the appropriate and reasonable standards and protocols of behaviour are adopted and observed by developers, deployers and users, based on a formal set of rules, procedures and values, and which allows them to deal appropriately with ethical matters as or before they arise.

Article 5

Ethical principles of artificial intelligence, robotics and related technologies

1.   Any artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in the Union in accordance with Union law and in full respect of human dignity, autonomy and safety and other fundamental rights set out in the Charter.

2.   Any processing of personal data carried out in the development, deployment and use of artificial intelligence, robotics and related technologies, including personal data derived from non-personal data and biometric data, shall be carried out in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC.

3.   The Union and its Member States shall encourage research projects intended to provide solutions, based on artificial intelligence, robotics and related technologies, that seek to promote social inclusion, democracy, plurality, solidarity, fairness, equality and cooperation.

Chapter II

Chapter II

Obligations for high-risk technologies

Obligations for high-risk technologies

Article 6

Obligations for high-risk technologies

1.   The provisions in this Chapter shall only apply to artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union which are considered high-risk.

2.   Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in a manner that ensures that they do not breach the ethical principles set out in this Regulation.

Article 7

Human-centric and human-mad
  e artificial intelligence

1.   Any artificial high-risk technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in a manner that guarantees full human oversight at any time.

2.   The technologies referred to paragraph 1 shall be developed, deployed and used in a manner that allows full human control to be regained when needed, including through the altering or halting of those technologies.

Article 8

Safety, transparency and accountability

1.   Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in a manner that ensures that they are:

| (a) | developed, deployed and used in a resilient manner so that they ensure an adequate level of security by adhering to minimum cybersecurity baselines proportionate to identified risk, and one that prevents any technical vulnerabilities from being exploited for malicious or unlawful purposes; |
| --- | --- |

(a)

developed, deployed and used in a resilient manner so that they ensure an adequate level of security by adhering to minimum cybersecurity baselines proportionate to identified risk, and one that prevents any technical vulnerabilities from being exploited for malicious or unlawful purposes;

| (b) | developed, deployed and used in a secure manner that ensures there are safeguards that include a fall-back plan and action in case of a safety or security risk; |
| --- | --- |

(b)

developed, deployed and used in a secure manner that ensures there are safeguards that include a fall-back plan and action in case of a safety or security risk;

| (c) | developed, deployed and used in a manner that ensures a reliable performance as reasonably expected by the user regarding reaching the aims and carrying out the activities they have been conceived for, including by ensuring that all operations are reproducible; |
| --- | --- |

(c)

developed, deployed and used in a manner that ensures a reliable performance as reasonably expected by the user regarding reaching the aims and carrying out the activities they have been conceived for, including by ensuring that all operations are reproducible;

| (d) | developed, deployed and used in a manner that ensures that the performance of the aims and activities of the particular technologies is accurate; if occasional inaccuracies cannot be avoided, the system shall indicate, to the extent possible, the likeliness of errors and inaccuracies to deployers and users through appropriate means; |
| --- | --- |

(d)

developed, deployed and used in a manner that ensures that the performance of the aims and activities of the particular technologies is accurate; if occasional inaccuracies cannot be avoided, the system shall indicate, to the extent possible, the likeliness of errors and inaccuracies to deployers and users through appropriate means;

| (e) | developed, deployed and used in an easily explainable manner so as to ensure that there can be a review of the technical processes of the technologies; |
| --- | --- |

(e)

developed, deployed and used in an easily explainable manner so as to ensure that there can be a review of the technical processes of the technologies;

| (f) | developed, deployed and used in a manner such that they inform users that they are interacting with artificial intelligence systems, duly and comprehensively disclosing their capabilities, accuracy and limitations to artificial intelligence developers, deployers and users; |
| --- | --- |

(f)

developed, deployed and used in a manner such that they inform users that they are interacting with artificial intelligence systems, duly and comprehensively disclosing their capabilities, accuracy and limitations to artificial intelligence developers, deployers and users;

| (g) | in accordance with Article 6, developed, deployed and used in a manner that makes it possible, in the event of non-compliance with the safety features set out in subparagraphs (a) to (g), for the functionalities concerned to be temporarily disabled and to revert to a previous state restoring safe functionalities. |
| --- | --- |

(g)

in accordance with Article 6, developed, deployed and used in a manner that makes it possible, in the event of non-compliance with the safety features set out in subparagraphs (a) to (g), for the functionalities concerned to be temporarily disabled and to revert to a previous state restoring safe functionalities.

2.   In accordance with Article 6(1), the technologies mentioned in paragraph 1 of this Article, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in transparent and traceable manner so that their elements, processes and phases are documented to the highest possible and applicable standards, and that it is possible for the national supervisory authorities referred to in Article 18 to assess the compliance of such technologies with the obligations laid down in this Regulation. In particular, the developer, deployer or user of those technologies shall be responsible for, and be able to demonstrate, compliance with the safety features set out in paragraph 1.

3.   The developer, deployer or user of the technologies mentioned in paragraph 1 shall ensure that the measures taken to ensure compliance with the safety features set out in paragraph 1 can be audited by the national supervisory authorities referred to in Article 18 or, where applicable, other national or European sectorial supervisory bodies.

Article 9

Non-bias and non-discrimination

1.   Any software, algorithm or data used or produced by high-risk artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall be unbiased and, without prejudice to paragraph 2, shall not discriminate on grounds such as race, gender, sexual orientation, pregnancy, disability, physical or genetic features, age, national minority, ethnicity or social origin, language, religion or belief, political views or civic participation, citizenship, civil or economic status, education, or criminal record.

2.   By way of derogation from paragraph 1, and without prejudice to Union law governing unlawful discrimination, any differential treatment between persons or groups of persons may be justified only where there is an objective, reasonable and legitimate aim that is both proportionate and necessary insofar as no alternative exists which would cause less interference with the principle of equal treatment.

Article 10

Social responsibility and gender equality

Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union shall be developed, deployed and used in compliance with relevant Union law, principles and values, in a manner that does not interfere in elections or contribute to the dissemination of disinformation, respects worker’s rights, promotes quality education and digital literacy, does not increase the gender gap by preventing equal opportunities for all and does not disrespect intellectual property rights and any limitations or exceptions thereto.

Article 11

Environmental sustainability

Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be assessed as to their environmental sustainability by the national supervisory authorities referred to in Article 18 or, where applicable, other national or European sectorial supervisory bodies, ensuring that measures are put in place to mitigate and remedy their general impact as regards natural resources, energy consumption, waste production, the carbon footprint, climate change emergency and environmental degradation in order to ensure compliance with the applicable Union or national law, as well as any other international environmental commitments the Union has undertaken.

Article 12

Respect for privacy and protection of personal data

The use and gathering of biometric data for remote identification purposes in public areas, as biometric or facial recognition, carries specific risks for fundamental rights and shall be deployed or used only by Member States’ public authorities for substantial public interest purposes. Those authorities shall ensure that such deployment or use is disclosed to the public, proportionate, targeted and limited to specific objectives and location and restricted in time, in accordance with Union and national law, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC, and with due regard for human dignity and autonomy and the fundamental rights set out in the Charter, namely the rights to respect for privacy and protection of personal data.

Article 13

Right to redress

Any natural or legal person shall have the right to seek redress for injury or harm caused by the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, in breach of Union law and the obligations set out in this Regulation

Article 14

Risk assessment

1.   For the purposes of this Regulation, artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be considered high-risk technologies when, following a risk assessment based on objective criteria such as their specific use or purpose, the sector where they are developed, deployed or used and the severity of the possible injury or harm caused, their development, deployment or use entail a significant risk to cause injury or harm that can be expected to occur to individuals or society in breach of fundamental rights and safety rules as laid down in Union law.

2.   Without prejudice to applicable sectorial legislation, the risk assessment of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be carried out, in accordance with the objective criteria provided for in paragraph 1 of this Article and in the exhaustive and cumulative list set out in the Annex to this Regulation, by the national supervisory authorities referred to in Article 18 under the coordination of the Commission and/or any other relevant institutions, bodies, offices and agencies of the Union that may be designated for this purpose in the context of their cooperation.

3.   In cooperation with the national supervisory authorities referred to in paragraph 2, the Commission shall, by means of delegated acts in accordance with Article 20, draw up and subsequently update a common list of high-risk technologies identified within the Union.

4.   The Commission shall also, by means of delegated acts in accordance with Article 20, regularly update the list provided for in the Annex to this Regulation.

Article 15

Compliance assessment

1.   High-risk artificial intelligence, robotics and related technologies shall be subject to an assessment of compliance with the obligations set out in Articles 6 to 12 of this Regulation, as well as to subsequent monitoring, both of which shall be carried out by the national supervisory authorities referred to in Article 18 under the coordination of the Commission and/or any other relevant institutions, bodies, offices and agencies of the Union that may be designated for this purpose.

2.   The software, algorithms and data used or produced by high-risk technologies which have been assessed as compliant with the obligations set out in this Regulation pursuant to paragraph 1 shall also be considered to comply with those obligations, unless the relevant national supervisory authority decides to conduct an assessment on its own initiative or at the request of the developer, the deployer or the user.

3.   Without prejudice to sectorial legislation, the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be specifically designated for this purpose shall prepare binding guidelines on the methodology to be used by the national supervisory authorities for the compliance assessment referred to in paragraph 1 by the date of the entry into force of this Regulation.

Article 16

European certificate of ethical compliance

1.   Where there has been a positive assessment of compliance of high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, carried out in line with Article 15, the respective national supervisory authority shall issue a European certificate of ethical compliance.

2.   Any developer, deployer or user of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, that are not considered as high-risk and that are therefore not subject to the obligations laid down in Articles 6 to 12 and to the risk assessment and compliance assessment provided for in Articles 14 and 15, may also seek to certify the compliance with the obligations laid down in this Regulation, or part of them where so justified by the nature of the technology in question as decided by the national supervisory authorities. A certificate shall only be issued if an assessment of compliance has been carried out by the relevant national supervisory authority and that assessment is positive.

3.   For the purposes of issuing the certificate referred to in paragraph 2, an application process shall be developed by the Commission and/or any other relevant institutions, bodies, offices and agencies of the Union that may be designated for this purpose.

Chapter III

Chapter III

Institutional oversight

Institutional oversight

Article 17

Governance standards and implementation guidance

1.   Artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall comply with relevant governance standards established in accordance with Union law, principles and values by the national supervisory authorities referred to in Article 18 in accordance with Union law, principles and values, under the coordination of the Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated for this purpose and in consultation with relevant stakeholders.

2.   The standards referred to in paragraph 1 shall include non-binding implementation guidelines on the methodology for compliance with this Regulation by developers, deployers and users and shall be published by the date of entry into force of this Regulation.

3.   Data used or produced by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall be managed by developers, deployers and users in accordance with relevant national, Union, other European organisations’ and international rules and standards, as well as with relevant industry and business protocols. In particular, developers and deployers shall carry out, where feasible, quality checks of the external sources of data used by artificial intelligence, robotics and related technologies, and shall put oversight mechanisms in place regarding their collection, storage, processing and use.

4.   Without prejudice to portability rights and rights of persons whose usage of artificial intelligence, robotics and related technologies has generated data, the collection, storage, processing, sharing of and access to data used or produced by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall comply with the relevant national, Union, other European organisations’ and international rules and standards, as well as with relevant industry and business protocols. In particular, developers and deployers shall ensure those protocols are applied during the development and deployment of artificial intelligence, robotics and related technologies, by clearly defining the requirements for processing and granting access to data used or produced by these technologies, as well as the purpose, scope and addressees of the processing and the granting of access to such data, all of which shall at all times be auditable and traceable.

Article 18

Supervisory authorities

1.   Each Member State shall designate an independent public authority to be responsible for monitoring the application of this Regulation (‘supervisory authority’), and for carrying out the risk and compliance assessments and the certification provided for in Articles 14, 15 and 16, without prejudice to sectorial legislation.

2.   Each national supervisory authority shall contribute to the consistent application of this Regulation throughout the Union. For that purpose, the supervisory authorities in each Member State shall cooperate with each other, the Commission and/or other relevant institutions, bodies, offices and agencies of the Union that may be designated for this purpose.

3.   Each national supervisory authority shall serve as a first point of contact in cases of suspected breach of the ethical principles and legal obligations laid down in this Regulation, including discriminatory treatment or violation of other rights, as a result of the development, deployment or use of artificial intelligence, robotics and related technologies. In such cases, the respective national supervisory authority shall carry out a compliance assessment in view of supporting the right of citizens to contest and redress.

4.   Each national supervisory authority shall be responsible for supervising the application of the relevant national, European and international governance rules and standards referred to in Article 17 to artificial intelligence, robotics and related technologies, including by liaising with the maximum possible number of relevant stakeholders. For that purpose, the supervisory authorities in each Member State shall provide a forum for regular exchange with and among stakeholders from academia, research, industry and civil society.

5.   Each national supervisory authority shall provide professional and administrative guidance and support concerning the general implementation of Union law applicable to artificial intelligence, robotics and related technologies and the ethical principles set out in this Regulation, especially to relevant research and development organisations and small and medium-sized enterprises or start-ups.

6.   Each Member State shall notify to the European Commission the legal provisions which it adopts pursuant to this Article by ... [OJ: please enter the date one year after entry into force] and, without delay, any subsequent amendment affecting them.

7.   Member States shall take all measures necessary to ensure the implementation of the ethical principles and legal obligations laid down in this Regulation. Member States shall support relevant stakeholders and civil society, at both Union and national level, in their efforts to ensure a timely, ethical and well-informed response to the new opportunities and challenges, in particular those of a cross-border nature, arising from technological developments relating to artificial intelligence, robotics and related technologies.

Article 19

Reporting of breaches and protection of reporting persons

Directive (EU) 2019/1937 of the European Parliament and of the Council (6) shall apply to the reporting of breaches of this Regulation and the protection of persons reporting such breaches.

Article 20

Coordination at Union level

1.   The Commission and/or any relevant institutions, bodies, offices and agencies of the Union that may be designated in this context shall have the following tasks:

| — | ensuring a consistent risk assessment of artificial intelligence, robotics and related technologies referred to in Article 14 to be carried out by the national supervisory authorities referred to in Article 18 on the basis of the common objective criteria provided for in Article 8(1) and in the list of high-risk sectors and of high-risk uses or purposes set out in the Annex to this Regulation; |
| --- | --- |

—

ensuring a consistent risk assessment of artificial intelligence, robotics and related technologies referred to in Article 14 to be carried out by the national supervisory authorities referred to in Article 18 on the basis of the common objective criteria provided for in Article 8(1) and in the list of high-risk sectors and of high-risk uses or purposes set out in the Annex to this Regulation;

| — | taking note of the compliance assessment and subsequent monitoring of high-risk artificial intelligence, robotics and related technologies referred to in Article 15 to be carried out by the national supervisory authorities referred to in Article 18; |
| --- | --- |

—

taking note of the compliance assessment and subsequent monitoring of high-risk artificial intelligence, robotics and related technologies referred to in Article 15 to be carried out by the national supervisory authorities referred to in Article 18;

| — | developing the application process for the certificate referred to in Article 16 to be issued by the national supervisory authorities referred to in Article 18; |
| --- | --- |

—

developing the application process for the certificate referred to in Article 16 to be issued by the national supervisory authorities referred to in Article 18;

| — | without prejudice to sectorial legislation, preparing the binding guidelines referred to in Article 17(4) on the methodology to be used by the national supervisory authorities referred to in Article 18; |
| --- | --- |

—

without prejudice to sectorial legislation, preparing the binding guidelines referred to in Article 17(4) on the methodology to be used by the national supervisory authorities referred to in Article 18;

| — | coordinating the establishment of the relevant governance standards referred to in Article 17 by the national supervisory authorities referred to in Article 18, including non-binding implementation guidelines for developers, deployers and users on the methodology for compliance with this Regulation; |
| --- | --- |

—

coordinating the establishment of the relevant governance standards referred to in Article 17 by the national supervisory authorities referred to in Article 18, including non-binding implementation guidelines for developers, deployers and users on the methodology for compliance with this Regulation;

| — | cooperating with the national supervisory authorities referred to in Article 18 regarding their contribution to the consistent application of this Regulation throughout the Union pursuant to Article 18(2); |
| --- | --- |

—

cooperating with the national supervisory authorities referred to in Article 18 regarding their contribution to the consistent application of this Regulation throughout the Union pursuant to Article 18(2);

| — | serving as a centre for expertise by promoting the exchange of information related to artificial intelligence, robotics and related technologies and supporting the development of a common understanding in the Single Market, issuing additional guidance, opinions and expertise to the national supervisory authorities referred to in Article 18, monitoring the implementation of relevant Union law, identifying standards for best practice and, where appropriate, making recommendations for regulatory measures; in doing so, it should liaise with the maximum possible number of relevant stakeholders and ensure that the composition of its decision levels is diverse and ensures gender equality; |
| --- | --- |

—

serving as a centre for expertise by promoting the exchange of information related to artificial intelligence, robotics and related technologies and supporting the development of a common understanding in the Single Market, issuing additional guidance, opinions and expertise to the national supervisory authorities referred to in Article 18, monitoring the implementation of relevant Union law, identifying standards for best practice and, where appropriate, making recommendations for regulatory measures; in doing so, it should liaise with the maximum possible number of relevant stakeholders and ensure that the composition of its decision levels is diverse and ensures gender equality;

| — | hosting a Working Group on Security and Defence aimed at looking into policy and investment questions specifically related to the ethical use of artificial intelligence, robotics and related technologies in the field of security and defence. |
| --- | --- |

—

hosting a Working Group on Security and Defence aimed at looking into policy and investment questions specifically related to the ethical use of artificial intelligence, robotics and related technologies in the field of security and defence.

Article 21

Exercise of delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 14(3) and (4) shall be conferred on the Commission for a period of 5 years from (date of entry into force of this Regulation).

3.   The delegation of power referred to in Article 14(3) and (4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or a later date specified therein. It shall not affect the validity of any delegated act already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Article 14(3) and (4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or, if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Article 22

Amendment to Directive (EU) 2019/1937

Directive (EU) 2019/1937 is amended as follows:

| (1) | In Article 2(1), the following point is added:






  ‘(xi) | development, deployment and use of artificial intelligence, robotics and related technologies.’ |
| --- | --- | --- |

(1)

In Article 2(1), the following point is added:

‘(xi)

development, deployment and use of artificial intelligence, robotics and related technologies.’

| (2) | In Part I of the Annex, the following point is added:






  ‘K. | Point (a)(xi) of Article 2(1) — development, deployment and use of artificial intelligence, robotics and related technologies.






  “(xxi) | Regulation [XXX] of the European Parliament and of the Council on ethical principles for the development, deployment and use artificial intelligence, robotics and related technologies”.’ |
| --- | --- | --- | --- |

(2)

In Part I of the Annex, the following point is added:

‘K.

Point (a)(xi) of Article 2(1) — development, deployment and use of artificial intelligence, robotics and related technologies.

“(xxi)

Regulation [XXX] of the European Parliament and of the Council on ethical principles for the development, deployment and use artificial intelligence, robotics and related technologies”.’

Article 23

Review

The Commission shall keep under regular review the development of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, and shall by ... [OJ: please enter the date three years after entry into force], and every three years thereafter, submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an assessment of the possible modification of the scope of application of this Regulation.

Article 24

Entry into force

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

It shall apply from XX.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

ANNEX

Exhaustive and cumulative list of high-risk sectors and of high-risk uses or purposes that entail a risk of breach of fundamental rights and safety rules.

| High-risk sectors | — | Employment |
| --- | --- | --- |

High-risk sectors

—

Employment

| — | Education |
| --- | --- |

—

Education

| — | Healthcare |
| --- | --- |

—

Healthcare

| — | Transport |
| --- | --- |

—

Transport

| — | Energy |
| --- | --- |

—

Energy

| — | Public sector (asylum, migration, border controls, judiciary and social security services) |
| --- | --- |

—

Public sector (asylum, migration, border controls, judiciary and social security services)

| — | Defence and security |
| --- | --- |

—

Defence and security

| — | Finance, banking, insurance |
| --- | --- |

—

Finance, banking, insurance

High-risk uses or purposes

| — | Recruitment |
| --- | --- |

—

Recruitment

| — | Grading and assessment of students |
| --- | --- |

—

Grading and assessment of students

| — | Allocation of public funds |
| --- | --- |

—

Allocation of public funds

| — | Granting loans |
| --- | --- |

—

Granting loans

| — | Trading, brokering, taxation, etc. |
| --- | --- |

—

Trading, brokering, taxation, etc.

| — | Medical treatments and procedures |
| --- | --- |

—

Medical treatments and procedures

| — | Electoral processes and political campaigns |
| --- | --- |

—

Electoral processes and political campaigns

| — | Public sector decisions that have a significant and direct impact on the rights and obligations of natural or legal persons |
| --- | --- |

—

Public sector decisions that have a significant and direct impact on the rights and obligations of natural or legal persons

| — | Automated driving |
| --- | --- |

—

Automated driving

| — | Traffic management |
| --- | --- |

—

Traffic management

| — | Autonomous military systems |
| --- | --- |

—

Autonomous military systems

| — | Energy production and distribution |
| --- | --- |

—

Energy production and distribution

| — | Waste management |
| --- | --- |

—

Waste management

| — | Emissions control |
| --- | --- |

—

Emissions control

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(1)  For automated driving of vehicles, six levels of driving automation have been proposed by SAE International standard J3016, last updated in 2018 to J3016_201806. https://www.sae.org/standards/content/j3016_201806/

1

(2)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

2

(3)  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

3

(4)  Definition as in the European Commission Communication COM(2018)0237, 25.04.2018, page 1, adapted.

4

(5)  From the definition for industrial robots in ISO 8373.

5

(6)  Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).

6

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| 6.10.2021 | EN | Official Journal of the European Union | C 404/107 |
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6.10.2021

EN

Official Journal of the European Union

C 404/107

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P9_TA(2020)0276

Civil liability regime for artificial intelligence

European Parliament resolution of 20 October 2020 with recommendations to the Commission on a civil liability regime for artificial intelligence (2020/2014(INL))

(2021/C 404/05)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
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—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to Articles 114 and 169 of the Treaty on the Functioning of the European Union, |
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—

having regard to Articles 114 and 169 of the Treaty on the Functioning of the European Union,

| — | having regard to Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (1) (‘Product Liability Directive’), |
| --- | --- |

—

having regard to Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (1) (‘Product Liability Directive’),

| — | having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’) (2) and Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (3), as well as other consumer protection rules, |
| --- | --- |

—

having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’) (2) and Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (3), as well as other consumer protection rules,

| — | having regard to Regulation (EU) 2017/745 of the European Parliament and the Council of 5 April 2017 on medical devices (4), |
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—

having regard to Regulation (EU) 2017/745 of the European Parliament and the Council of 5 April 2017 on medical devices (4),

| — | having regard to Council Regulation (EU) 2018/1488 of 28 September 2018 establishing the European High Performance Computing Joint Undertaking (5), |
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—

having regard to Council Regulation (EU) 2018/1488 of 28 September 2018 establishing the European High Performance Computing Joint Undertaking (5),

| — | having regard to Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (6), |
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—

having regard to Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (6),

| — | having regard to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and the Better Regulations Guidelines (7), |
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—

having regard to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and the Better Regulations Guidelines (7),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council of 6 June 2018 establishing the Digital Europe programme for the period 2021-2027 (COM(2018)0434), |
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—

having regard to the proposal for a regulation of the European Parliament and of the Council of 6 June 2018 establishing the Digital Europe programme for the period 2021-2027 (COM(2018)0434),

| — | having regard to the Commission communication of 25 April 2018 on Artificial Intelligence for Europe (COM(2018)0237), |
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—

having regard to the Commission communication of 25 April 2018 on Artificial Intelligence for Europe (COM(2018)0237),

| — | having regard to the Commission communication of 7 December 2018 on a Coordinated Plan on Artificial Intelligence (COM(2018)0795), |
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—

having regard to the Commission communication of 7 December 2018 on a Coordinated Plan on Artificial Intelligence (COM(2018)0795),

| — | having regard to the Commission communication of 8 April 2019 on Building Trust in Human-Centric Artificial Intelligence (COM(2019)0168), |
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—

having regard to the Commission communication of 8 April 2019 on Building Trust in Human-Centric Artificial Intelligence (COM(2019)0168),

| — | having regard to the Commission report of 19 February 2020 to the European Parliament, the Council and the European Economic and Social Committee on safety and liability implications of Artificial Intelligence, the Internet of Things and robotics (COM(2020)0064), |
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—

having regard to the Commission report of 19 February 2020 to the European Parliament, the Council and the European Economic and Social Committee on safety and liability implications of Artificial Intelligence, the Internet of Things and robotics (COM(2020)0064),

| — | having regard to the Commission White Paper of 19 February 2020 on Artificial Intelligence — A European approach to excellence and trust (COM(2020)0065), |
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—

having regard to the Commission White Paper of 19 February 2020 on Artificial Intelligence — A European approach to excellence and trust (COM(2020)0065),

| — | having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (8), |
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—

having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (8),

| — | having regard to its resolution of 1 June 2017 on digitizing European industry (9), |
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—

having regard to its resolution of 1 June 2017 on digitizing European industry (9),

| — | having regard to its resolution of 12 September 2018 on autonomous weapon systems (10), |
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—

having regard to its resolution of 12 September 2018 on autonomous weapon systems (10),

| — | having regard to its resolution of 12 February 2019 on a comprehensive European industrial policy on artificial intelligence and robotics (11), |
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—

having regard to its resolution of 12 February 2019 on a comprehensive European industrial policy on artificial intelligence and robotics (11),

| — | having regard to its resolution of 12 February 2020 on automated decision-making processes: ensuring consumer protection and free movement of goods and services (12), |
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—

having regard to its resolution of 12 February 2020 on automated decision-making processes: ensuring consumer protection and free movement of goods and services (12),

| — | having regard to the report of 8 April 2019 of the High-Level Expert Group on Artificial Intelligence entitled ‘Ethics Guidelines for trustworthy AI’, |
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—

having regard to the report of 8 April 2019 of the High-Level Expert Group on Artificial Intelligence entitled ‘Ethics Guidelines for trustworthy AI’,

| — | having regard to the report of 8 April 2019 of the High-Level Expert Group on Artificial Intelligence entitled ‘A definition of AI: Main Capabilities and Disciplines’, |
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—

having regard to the report of 8 April 2019 of the High-Level Expert Group on Artificial Intelligence entitled ‘A definition of AI: Main Capabilities and Disciplines’,

| — | having regard to the report of 26 June 2019 of the High-Level Expert Group on Artificial Intelligence entitled ‘Policy and investment recommendations for trustworthy AI’, |
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—

having regard to the report of 26 June 2019 of the High-Level Expert Group on Artificial Intelligence entitled ‘Policy and investment recommendations for trustworthy AI’,

| — | having regard to the report of 21 November 2019 of the Expert Group on Liability and New Technologies — New Technologies Formation entitled ‘Liability for Artificial Intelligence and other emerging digital technologies’, |
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—

having regard to the report of 21 November 2019 of the Expert Group on Liability and New Technologies — New Technologies Formation entitled ‘Liability for Artificial Intelligence and other emerging digital technologies’,

| — | having regard to the European added value assessment study carried out by the European Parliamentary Research Service, entitled ‘Civil liability regime for artificial intelligence: European added value assessment’ (13) |
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—

having regard to the European added value assessment study carried out by the European Parliamentary Research Service, entitled ‘Civil liability regime for artificial intelligence: European added value assessment’ (13)

| — | having regard to the European Parliamentary Research Service STOA Policy Briefing of June 2016 on legal and ethical reflections concerning robotics (14), |
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—

having regard to the European Parliamentary Research Service STOA Policy Briefing of June 2016 on legal and ethical reflections concerning robotics (14),

| — | having regard to the Study of the Directorate General for internal policies of the European Parliament of October 2016 for the Legal Affairs Committee entitled ‘European Civil Law Rules in Robotics’ (15), |
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—

having regard to the Study of the Directorate General for internal policies of the European Parliament of October 2016 for the Legal Affairs Committee entitled ‘European Civil Law Rules in Robotics’ (15),

| — | having regard to Rules 47 and 54 of its Rules of Procedure, |
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—

having regard to Rules 47 and 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism, |
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—

having regard to the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism,

| — | having regard to the report of the Committee on Legal Affairs (A9-0178/2020), |
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—

having regard to the report of the Committee on Legal Affairs (A9-0178/2020),

| A. | whereas the concept of ‘liability’ plays an important double role in our daily life: on the one hand, it ensures that a person who has suffered harm or damage is entitled to claim and receive compensation from the party proven to be liable for that harm or damage, and on the other hand, it provides the economic incentives for natural and legal persons to avoid causing harm or damage in the first place or price into their behaviour the risk of having to pay compensation; |
| --- | --- |

A.

whereas the concept of ‘liability’ plays an important double role in our daily life: on the one hand, it ensures that a person who has suffered harm or damage is entitled to claim and receive compensation from the party proven to be liable for that harm or damage, and on the other hand, it provides the economic incentives for natural and legal persons to avoid causing harm or damage in the first place or price into their behaviour the risk of having to pay compensation;

| B. | whereas any future-oriented civil liability legal framework has to instil confidence in the safety, reliability and consistency of products and services, including in digital technology, in order to strike a balance between efficiently and fairly protecting potential victims of harm or damage and, at the same time, providing enough leeway to make it possible for enterprises, and particularly small and medium-sized enterprises, to develop new technologies, products or services; whereas this will help build confidence and create stability for investment; whereas ultimately, the goal of any liability framework should be to provide legal certainty for all parties, whether it be the producer, the operator, the affected person or any other third party; |
| --- | --- |

B.

whereas any future-oriented civil liability legal framework has to instil confidence in the safety, reliability and consistency of products and services, including in digital technology, in order to strike a balance between efficiently and fairly protecting potential victims of harm or damage and, at the same time, providing enough leeway to make it possible for enterprises, and particularly small and medium-sized enterprises, to develop new technologies, products or services; whereas this will help build confidence and create stability for investment; whereas ultimately, the goal of any liability framework should be to provide legal certainty for all parties, whether it be the producer, the operator, the affected person or any other third party;

| C. | whereas the legal system of a Member State can adjust its liability rules for certain actors or can make them stricter for certain activities; whereas strict liability means that a party can be held liable despite the absence of fault; whereas in many national tort laws, the defendant is held strictly liable if a risk which that defendant has created for the public, such as in the form of cars or hazardous activities, or a risk which he cannot control, like animals, results in harm or damage being caused; |
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C.

whereas the legal system of a Member State can adjust its liability rules for certain actors or can make them stricter for certain activities; whereas strict liability means that a party can be held liable despite the absence of fault; whereas in many national tort laws, the defendant is held strictly liable if a risk which that defendant has created for the public, such as in the form of cars or hazardous activities, or a risk which he cannot control, like animals, results in harm or damage being caused;

| D. | whereas any future Union legislation, having as a goal the explicit assignment of liability as regards Artificial Intelligence (AI) — systems, should be preceded by analysis and consultation with the Member States on the compliance of the proposed legislative act with economic, legal and social conditions; |
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D.

whereas any future Union legislation, having as a goal the explicit assignment of liability as regards Artificial Intelligence (AI) — systems, should be preceded by analysis and consultation with the Member States on the compliance of the proposed legislative act with economic, legal and social conditions;

| E. | whereas the issue of a civil liability regime for AI should be the subject of a broad public debate, taking into consideration all the interests at stake, especially the ethical, legal, economic and social aspects, to avoid misunderstandings and unjustified fears that such technology may cause among citizens; whereas careful examination of the consequences of any new regulatory framework on all actors in an impact assessment should be a prerequisite for further legislative steps; |
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E.

whereas the issue of a civil liability regime for AI should be the subject of a broad public debate, taking into consideration all the interests at stake, especially the ethical, legal, economic and social aspects, to avoid misunderstandings and unjustified fears that such technology may cause among citizens; whereas careful examination of the consequences of any new regulatory framework on all actors in an impact assessment should be a prerequisite for further legislative steps;

| F. | whereas the notion of AI-systems comprises a large group of different technologies, including simple statistics, machine learning and deep learning; |
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F.

whereas the notion of AI-systems comprises a large group of different technologies, including simple statistics, machine learning and deep learning;

| G. | whereas using the term ‘automated decision-making’ could avoid the possible ambiguity of the term AI; whereas ‘automated decision-making’ involves a user delegating initially a decision, partly or completely, to an entity by way of using software or a service; whereas that entity then in turn uses automatically executed decision-making models to perform an action on behalf of a user, or to inform the user’s decisions in performing an action; |
| --- | --- |

G.

whereas using the term ‘automated decision-making’ could avoid the possible ambiguity of the term AI; whereas ‘automated decision-making’ involves a user delegating initially a decision, partly or completely, to an entity by way of using software or a service; whereas that entity then in turn uses automatically executed decision-making models to perform an action on behalf of a user, or to inform the user’s decisions in performing an action;

| H. | whereas certain AI-systems present significant legal challenges for the existing liability framework and could lead to situations in which their opacity could make it extremely expensive or even impossible to identify who was in control of the risk associated with the AI-system, or which code, input or data have ultimately caused the harmful operation; whereas this factor could make it harder to identify the link between harm or damage and the behaviour causing it, with the result that victims might not receive adequate compensation; |
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H.

whereas certain AI-systems present significant legal challenges for the existing liability framework and could lead to situations in which their opacity could make it extremely expensive or even impossible to identify who was in control of the risk associated with the AI-system, or which code, input or data have ultimately caused the harmful operation; whereas this factor could make it harder to identify the link between harm or damage and the behaviour causing it, with the result that victims might not receive adequate compensation;

| I. | whereas the legal challenges also result from the connectivity between an AI-system and other AI-systems and non-AI-systems, their dependency on external data, their vulnerability to cybersecurity breaches as well as from the design of increasingly autonomous AI-systems using, inter alia, machine-learning and deep-learning techniques; |
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I.

whereas the legal challenges also result from the connectivity between an AI-system and other AI-systems and non-AI-systems, their dependency on external data, their vulnerability to cybersecurity breaches as well as from the design of increasingly autonomous AI-systems using, inter alia, machine-learning and deep-learning techniques;

| J. | whereas sound ethical standards for AI-systems combined with solid and fair compensation procedures can help to address those legal challenges and eliminate the risk of users being less willing to accept emerging technology; whereas fair compensation procedures mean that each person who suffers harm caused by AI-systems or whose property damage is caused by AI-systems should have the same level of protection compared to cases without involvement of an AI-system; whereas the user needs to be sure that potential damage caused by systems using AI is covered by adequate insurance and that there is a defined legal route for redress; |
| --- | --- |

J.

whereas sound ethical standards for AI-systems combined with solid and fair compensation procedures can help to address those legal challenges and eliminate the risk of users being less willing to accept emerging technology; whereas fair compensation procedures mean that each person who suffers harm caused by AI-systems or whose property damage is caused by AI-systems should have the same level of protection compared to cases without involvement of an AI-system; whereas the user needs to be sure that potential damage caused by systems using AI is covered by adequate insurance and that there is a defined legal route for redress;

| K. | whereas legal certainty is also an essential condition for the dynamic development and innovation of AI-based technology, in particular for start-ups, micro, small and medium-size enterprises, and its practical application in everyday life; whereas the crucial role of start-ups, micro, small and medium-size enterprises, especially in the European economy, justifies a strictly proportionate approach to enable them to develop and innovate; |
| --- | --- |

K.

whereas legal certainty is also an essential condition for the dynamic development and innovation of AI-based technology, in particular for start-ups, micro, small and medium-size enterprises, and its practical application in everyday life; whereas the crucial role of start-ups, micro, small and medium-size enterprises, especially in the European economy, justifies a strictly proportionate approach to enable them to develop and innovate;

| L. | whereas the diversity of AI-systems and the diverse range of risks the technology poses complicates efforts to find a single solution, suitable for the entire spectrum of risks; whereas, in this respect, an approach should be adopted in which experiments, pilots and regulatory sandboxes are used to come up with proportional and evidence-based solutions that address specific situations and sectors, where needed; |
| --- | --- |

L.

whereas the diversity of AI-systems and the diverse range of risks the technology poses complicates efforts to find a single solution, suitable for the entire spectrum of risks; whereas, in this respect, an approach should be adopted in which experiments, pilots and regulatory sandboxes are used to come up with proportional and evidence-based solutions that address specific situations and sectors, where needed;

Introduction

| 1. | Considers that the challenge related to the introduction of AI-systems into society, the workplace and the economy is one of the most important questions on the current political agenda; whereas technologies based on AI could and should endeavour to improve our lives in almost every sector, from the personal sphere, for example the transport sector, personalised education, assistance to vulnerable persons, fitness programs, and credit provisions, to the working environment, for example alleviation from tedious and repetitive tasks, and to global challenges such as climate change, healthcare, nutrition and logistics; |
| --- | --- |

1.

| 2. | Firmly believes that in order to efficiently exploit the advantages and prevent potential misuses of AI-systems and to avoid regulatory fragmentation in the Union, uniform, principle-based and future-proof legislation across the Union for all AI-systems is crucial; is of the opinion that, while sector-specific regulations for the broad range of possible applications are preferable, a horizontal and harmonized legal framework based on common principles seems necessary to ensure legal clarity, to establish equal standards across the Union and to effectively protect our European values and citizens’ rights; |
| --- | --- |

2.

| 3. | States that the Digital Single Market needs to be fully harmonized, since the digital sphere is characterized by rapid cross-border dynamics and international data flows; considers that the Union will only achieve the objectives of maintaining the Union’s digital sovereignty and of boosting digital innovation in Europe with consistent and common rules in line with a culture of innovation; |
| --- | --- |

3.

| 4. | Notes that the global AI race is already underway and that the Union should play a leading role in it, by exploiting its scientific and technological potential; strongly emphasises that technology development must not undermine the protection of users from damage that can be caused by devices and systems using AI; encourages the promotion of the Union standards on civil liability at an international level; |
| --- | --- |

4.

| 5. | Firmly believes that the new common rules for AI-systems should only take the form of a regulation; considers that the question of liability in cases of harm or damage caused by an AI-system is one of the key aspects to address within this framework; |
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5.

Liability and Artificial Intelligence

| 6. | Believes that there is no need for a complete revision of the well-functioning liability regimes, but that the complexity, connectivity, opacity, vulnerability, the capacity of being modified through updates, the capacity for self-learning and the potential autonomy of AI-systems, as well as the multitude of actors involved represent nevertheless a significant challenge to the effectiveness of Union and national liability framework provisions; considers that specific and coordinated adjustments to the liability regimes are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation; |
| --- | --- |

6.

| 7. | Notes that all physical or virtual activities, devices or processes that are driven by AI-systems may technically be the direct or indirect cause of harm or damage, yet are nearly always the result of someone building, deploying or interfering with the systems; notes in this respect that it is not necessary to give legal personality to AI-systems; is of the opinion that the opacity, connectivity and autonomy of AI-systems could make it in practice very difficult or even impossible to trace back specific harmful actions of AI-systems to specific human input or to decisions in the design; recalls that, in accordance with widely accepted liability concepts, one is nevertheless able to circumvent this obstacle by making the different persons in the whole value chain who create, maintain or control the risk associated with the AI-system liable; |
| --- | --- |

7.

| 8. | Considers that the Product Liability Directive (PLD) has, for over 30 years, proven to be an effective means of getting compensation for harm triggered by a defective product, but should nevertheless be revised to adapt it to the digital world and to address the challenges posed by emerging digital technologies, ensuring, thereby, a high level of effective consumer protection, as well as legal certainty for consumers and businesses, while avoiding high costs and risks for SMEs and start-ups; urges the Commission to assess whether the PLD should be transformed into a regulation, to clarify the definition of ‘products’ by determining whether digital content and digital services fall under its scope and to consider adapting concepts such as ‘damage’, ‘defect’ and ‘producer’; is of the opinion that, for the purpose of legal certainty throughout the Union, following the review of the PLD, the concept of ‘producer’ should incorporate manufacturers, developers, programmers, service providers as well as backend operators; calls on the Commission to consider reversing the rules governing the burden of proof for harm caused by emerging digital technologies in clearly defined cases, and after a proper assessment; points out the importance of ensuring that the updated Union act remains limited to clearly identified problems for which feasible solutions already exist and at the same time allows future technological developments to be covered, including developments based on free and open source software; notes that the PLD should continue to be used with regard to civil liability claims against the producer of a defective AI-system, when the AI-system qualifies as a product under that Directive; highlights that any update of the product liability framework should go hand in hand with the update of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (16) in order to ensure that AI systems integrate safety and security by design principles; |
| --- | --- |

8.

| 9. | Considers that the existing fault-based tort law of the Member States offers in most cases a sufficient level of protection for persons that suffer harm caused by an interfering third party like a hacker or for persons whose property is damaged by such a third party, as the interference regularly constitutes a fault-based action; notes that only for specific cases, including those where the third party is untraceable or impecunious, does the addition of liability rules to complement existing national tort law seem necessary; |
| --- | --- |

9.

| 10. | Considers it, therefore, appropriate for this report to focus on civil liability claims against the operator of an AI-system; affirms that the operator’s liability is justified by the fact that he or she is controlling a risk associated with the AI-system, comparable to an owner of a car; considers that due to the AI-system’s complexity and connectivity, the operator will be in many cases the first visible contact point for the affected person; |
| --- | --- |

10.

Liability of the operator

| 11. | Opines that liability rules involving the operator should cover all operations of AI-systems, irrespective of where the operation takes place and whether it happens physically or virtually; remarks that operations in public spaces that expose many persons to a risk constitute, however, cases that require further consideration; considers that the potential victims of harm or damage are often not aware of the operation and regularly would not have contractual liability claims against the operator; notes that when harm or damage materialises, such persons would then only have a fault-liability claim, and they might find it difficult to prove the fault of the operator of the AI-system and thus, corresponding liability claims might fail; |
| --- | --- |

11.

| 12. | Considers it appropriate to understand ‘operator’ to cover both the frontend and backend operator, as long as the latter is not covered by the PLD; notes that the frontend operator should be defined as the natural or legal person who exercises a degree of control over a risk connected with the operation and functioning of the AI-system and benefits from its operation; states that the backend operator should be defined as the natural or legal person who, on a continuous basis, defines the features of the technology, provides data and essential backend support service and therefore also exercises a degree of control over the risk connected with the operation and functioning of the AI-system; considers that exercising control means any action of the operator that influences the operation of the AI-system and thus the extent to which it exposes third parties to its potential risks; considers that such actions could impact the operation of an AI-system from start to finish, by determining the input, output or results, or could change specific functions or processes within the AI-system; |
| --- | --- |

12.

| 13. | Notes that there could be situations in which there is more than one operator, for example a backend and frontend operator; considers that, in that event, all operators should be jointly and severally liable while having the right to recourse proportionately against each other; is of the opinion that the proportions of liability should be determined by the respective degrees of control the operators had over the risk connected with the operation and functioning of the AI-system; considers that product traceability should be improved in order to better identify those involved in the different stages; |
| --- | --- |

13.

Different liability rules for different risks

| 14. | Recognises that the type of AI-system the operator is exercising control over is a determining factor regarding liability; notes that an AI-system that entails an inherent high risk and acts autonomously potentially endangers the general public to a much higher degree; considers that, based on the legal challenges that AI-systems pose to the existing civil liability regimes, it seems reasonable to set up a common strict liability regime for those high-risk autonomous AI-systems; underlines that such a risk-based approach, that might encompass several levels of risk, should be based on clear criteria and an appropriate definition of high risk and provide for legal certainty; |
| --- | --- |

14.

| 15. | Believes that an AI-system presents a high risk when its autonomous operation involves a significant potential to cause harm to one or more persons, in a manner that is random and goes beyond what can reasonably be expected; considers that when determining whether an AI-system is high-risk, the sector in which significant risks can be expected to arise and the nature of the activities undertaken must also be taken into account; considers that the significance of the potential depends on the interplay between the severity of possible harm, the likelihood that the risk causes harm or damage and the manner in which the AI-system is being used; |
| --- | --- |

15.

| 16. | Recommends that all high-risk AI-systems be exhaustively listed in an Annex to the proposed Regulation; recognises that, given the rapid technological developments and the required technical expertise, the Commission should review that Annex without undue delay, but at least every six months, and if necessary, amend it through a delegated act; believes that the Commission should closely cooperate with a newly formed standing committee, similar to the existing Standing Committee on Precursors or the Technical Committee on Motor Vehicles, which includes national experts of the Member States and stakeholders; considers that the balanced membership of the ‘High-Level Expert Group on Artificial Intelligence’ could serve as an example for the formation of the group of stakeholders, with the addition of ethics experts and anthropologists, sociologists and mental health specialists; is also of the opinion that the European Parliament should appoint consultative experts to advise the newly established standing committee; |
| --- | --- |

16.

| 17. | Notes that the development of technologies based on AI is hugely dynamic and continuously accelerating; stresses that, to ensure adequate protection for users, a fast-track approach is needed to analyse new devices and systems using AI-systems that emerge on the European market, concerning potential risks; recommends that all procedures in this regard should be simplified as much as possible; further suggests that the assessment by the Commission of whether an AI-system poses a high-risk should start at the same time as the product safety assessment, in order to prevent a situation in which a high-risk AI-system is already approved for the market but not yet classified as high-risk and thus operates without mandatory insurance cover; |
| --- | --- |

17.

| 18. | Notes that the Commission should assess how the data collected, recorded or stored on high-risk AI-systems for the purposes of gathering evidence in case of harm or damage caused by that AI-system could be accessed and used by the investigating authority and how the traceability and auditability of such data could be improved, while taking into account fundamental and privacy rights; |
| --- | --- |

18.

| 19. | States that in line with strict liability systems of the Member States, the proposed Regulation should cover violations of the important legally protected rights to life, health, physical integrity and property, and should set out the amounts and extent of compensation, as well as the limitation period; is of the opinion that the proposed Regulation should also incorporate significant immaterial harm that results in a verifiable economic loss above a threshold harmonised in Union liability law, that balances the access to justice of affected persons and the interests of other involved persons; urges the Commission to re-evaluate and to align the thresholds for damages in Union law; is of the opinion that the Commission should analyse in depth the legal traditions in all Member States and their existing national laws that grant compensation for immaterial harm, in order to evaluate if the inclusion of immaterial harm in AI-specific legislative acts is necessary and if it contradicts the existing Union legal framework or undermines the national law of the Member States; |
| --- | --- |

19.

| 20. | Determines that all activities, devices or processes driven by AI-systems that cause harm or damage but are not listed in the Annex to the proposed Regulation should remain subject to fault-based liability; believes that the affected person should nevertheless benefit from a presumption of fault on the part of the operator, who should be able to exculpate itself by proving it has abided by its duty of care; |
| --- | --- |

20.

| 21. | Considers that an AI system that has not yet been assessed by the Commission and the newly-formed standing committee and, thus, is not yet classified as high-risk and not included in the list set out in the Annex to the proposed Regulation, should nevertheless, by way of exception to the system provided for in paragraph 20, be subject to strict liability if it caused repeated incidents resulting in serious harm or damage; notes that if that is the case, the Commission should also assess, without undue delay, the need to revise that Annex to add the AI-system in question to the list; is of the opinion that, if, following that assessment, the Commission decides to include that AI-system on the list, that inclusion should have retroactive effect from the time of the first proven incident caused by that AI-system, which resulted in serious harm or damage; |
| --- | --- |

21.

| 22. | Requests the Commission to evaluate the need for legal provisions at Union level on contracts to prevent contractual non-liability clauses, including in Business-to-Business and Business-to-Administration relationships; |
| --- | --- |

22.

Insurances and AI-systems

| 23. | Considers liability coverage to be one of the key factors that defines the success of new technologies, products and services; observes that proper liability coverage is also essential for assuring the public that it can trust the new technology despite the potential for suffering harm or for facing legal claims by affected persons; notes at the same time that this regulatory system focuses on the need to exploit and enhance the advantages of AI-systems, while putting in place robust safeguards; |
| --- | --- |

23.

| 24. | Is of the opinion that, based on the significant potential to cause harm or damage and by taking Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (17) into account, all operators of high-risk AI-systems listed in the Annex to the proposed Regulation should hold liability insurance; considers that such a mandatory insurance regime for high-risk AI-systems should cover the amounts and the extent of compensation laid down by the proposed Regulation; is mindful of the fact that such technology is currently still very rare, since it presupposes a high degree of autonomous decision making and that, as a result, the current discussions are mostly future-oriented; believes, nevertheless, that uncertainty regarding risks should not make insurance premiums prohibitively high and thereby an obstacle to research and innovation; |
| --- | --- |

24.

| 25. | Believes that a compensation mechanism at Union level, funded with public money, is not the right way to fill potential insurance gaps; considers that a lack of data on the risks associated with AI-systems, combined with an uncertainty regarding developments in the future, make it difficult for the insurance sector to come up with adapted or new insurance products; considers that leaving the development of mandatory insurance entirely to the market is likely to result in a one-size-fits-all approach with disproportionately high premiums and the wrong incentives, stimulating operators to opt for the cheapest insurance rather than for the best coverage, and could become an obstacle to research and innovation; considers that the Commission should work closely with the insurance sector to see how data and innovative models can be used to create insurance policies that offer adequate coverage for an affordable price; |
| --- | --- |

25.

Final aspects

| 26. | Requests the Commission to submit, on the basis of Article 225 of the Treaty on the Functioning of the European Union, a proposal for a Regulation on liability for the operation of Artificial Intelligence-systems, following the recommendations set out in the Annex hereto; |
| --- | --- |

26.

| 27. | Considers that the requested proposal will not have financial implications; |
| --- | --- |

27.

o

o o

28.

Instructs its President to forward this resolution and the accompanying recommendations to the Commission and the Council.

---

(1)  OJ L 210, 7.8.1985, p. 29.

1

(2)  OJ L 149, 11.6.2005, p. 22.

2

(3)  OJ L 304, 22.11.2011, p. 64.

3

(4)  OJ L 117, 5.5.2017, p. 1.

4

(5)  OJ L 252, 8.10.2018, p. 1.

5

(6)  OJ L 136, 22.5.2019, p. 1.

6

(7)  OJ L 123, 12.5.2016, p. 1.

7

(8)  OJ C 252, 18.7.2018, p. 239.

8

(9)  OJ C 307, 30.8.2018, p. 163.

9

(10)  OJ C 433, 23.12.2019, p. 86.

10

(11)  Texts adopted, P8_TA(2019)0081.

11

(12)  Texts adopted, P9_TA(2020)0032.

12

(13)  https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_STU(2020)654178'

13

(14)  https://www.europarl.europa.eu/RegData/etudes/STUD/2016/563501/EPRS_STU(2016)563501(ANN)_EN.pdf

14

(15)  https://www.europarl.europa.eu/RegData/etudes/STUD/2016/571379/IPOL_STU(2016)571379_EN.pdf

15

(16)  OJ L 11, 15.1.2002, p. 4.

16

(17)  OJ L 263, 7.10.2009, p. 11.

17

---

ANNEX TO THE RESOLUTION:

DETAILED RECOMMENDATIONS FOR DRAWING UP A EUROPEAN PARLIAMENT AND COUNCIL REGULATION ON LIABILITY FOR THE OPERATION OF ARTIFICIAL INTELLIGENCE-SYSTEMS

A.   PRINCIPLES AND AIMS OF THE PROPOSAL

This Report addresses an important aspect of digitisation, which itself is shaped by cross-border activities, global competition and core societal considerations. The following principles should serve as guidance:

| 1. | A genuine Digital Single Market requires full harmonisation by means of a Regulation. |
| --- | --- |

1.

A genuine Digital Single Market requires full harmonisation by means of a Regulation.

| 2. | New legal challenges posed by the development of Artificial Intelligence (AI)-systems have to be addressed by establishing maximal legal certainty throughout the liability chain, including for the producer, the operator, the affected person and any other third party. |
| --- | --- |

2.

New legal challenges posed by the development of Artificial Intelligence (AI)-systems have to be addressed by establishing maximal legal certainty throughout the liability chain, including for the producer, the operator, the affected person and any other third party.

| 3. | There should be no over-regulation and red tape must be prevented as this would hamper European innovation in AI, especially in the case of technology, products or services developed by SMEs or start-ups. |
| --- | --- |

3.

There should be no over-regulation and red tape must be prevented as this would hamper European innovation in AI, especially in the case of technology, products or services developed by SMEs or start-ups.

| 4. | Civil liability rules for AI should seek to strike a balance between the protection of the public, on the one hand, and business incentives to invest in innovation, especially AI systems, on the other. |
| --- | --- |

4.

Civil liability rules for AI should seek to strike a balance between the protection of the public, on the one hand, and business incentives to invest in innovation, especially AI systems, on the other.

| 5. | Instead of replacing the well-functioning existing liability regimes, a few necessary adjustments should be made by introducing new and future-oriented ideas. |
| --- | --- |

5.

Instead of replacing the well-functioning existing liability regimes, a few necessary adjustments should be made by introducing new and future-oriented ideas.

| 6. | The future proposal for a Regulation and the Product Liability Directive are two pillars of a common liability framework for AI-systems and require close coordination and alignment between all political actors, at Union and national levels. |
| --- | --- |

6.

The future proposal for a Regulation and the Product Liability Directive are two pillars of a common liability framework for AI-systems and require close coordination and alignment between all political actors, at Union and national levels.

| 7. | Citizens should be entitled to the same level of protection and rights, irrespective of whether the harm is caused by an AI-system or not, or if it takes place physically or virtually, so that their confidence in the new technology is strengthened. |
| --- | --- |

7.

Citizens should be entitled to the same level of protection and rights, irrespective of whether the harm is caused by an AI-system or not, or if it takes place physically or virtually, so that their confidence in the new technology is strengthened.

| 8. | Both material and immaterial harm should be taken into account in the future proposal for a Regulation. Based on, among other documents, its Communication of 19 February 2020 on the safety and liability implications of AI and robotics, the European Commission is called upon to profoundly analyse the legal traditions in all Member States as well as the existing legislative provisions that grant compensation for immaterial harm in order to evaluate if the inclusion of immaterial harm in the future proposal for a Regulation is legally sound and necessary from the perspective of the affected person. Based on the currently available information, Parliament believes that significant immaterial harm should be included if the affected person suffers a noticeable, meaning a verifiable, economic loss. |
| --- | --- |

8.

Both material and immaterial harm should be taken into account in the future proposal for a Regulation. Based on, among other documents, its Communication of 19 February 2020 on the safety and liability implications of AI and robotics, the European Commission is called upon to profoundly analyse the legal traditions in all Member States as well as the existing legislative provisions that grant compensation for immaterial harm in order to evaluate if the inclusion of immaterial harm in the future proposal for a Regulation is legally sound and necessary from the perspective of the affected person. Based on the currently available information, Parliament believes that significant immaterial harm should be included if the affected person suffers a noticeable, meaning a verifiable, economic loss.

B.   TEXT OF THE PROPOSAL REQUESTED

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on liability for the operation of Artificial Intelligence-systems

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | The concept of ‘liability’ plays an important double role in our daily life: on the one hand, it ensures that a person who has suffered harm or damage is entitled to claim compensation from the party held liable for that harm or damage, and on the other hand, it provides the economic incentives for persons to avoid causing harm or damage in the first place. Any liability framework should strive to instil confidence in the safety, reliability and consistency of products and services, including emerging digital technologies, such as artificial intelligence (‘AI’), the Internet of Things (IoT) or robotics, in order to strike a balance between efficiently protecting potential victims of harm or damage and at the same time providing enough leeway to make the development of new technologies, products or services possible. |
| --- | --- |

(1)

The concept of ‘liability’ plays an important double role in our daily life: on the one hand, it ensures that a person who has suffered harm or damage is entitled to claim compensation from the party held liable for that harm or damage, and on the other hand, it provides the economic incentives for persons to avoid causing harm or damage in the first place. Any liability framework should strive to instil confidence in the safety, reliability and consistency of products and services, including emerging digital technologies, such as artificial intelligence (‘AI’), the Internet of Things (IoT) or robotics, in order to strike a balance between efficiently protecting potential victims of harm or damage and at the same time providing enough leeway to make the development of new technologies, products or services possible.

| (2) | Especially at the beginning of the life cycle of new products and services, after being pre-tested, there is a certain degree of risk for the user as well as for third persons that something will not function properly. This process of trial-and-error is at the same time a key enabler of technical progress without which most of our technologies would not exist. So far, the risks accompanying new products and services have been properly mitigated by strong product safety legislation and liability rules. |
| --- | --- |

(2)

Especially at the beginning of the life cycle of new products and services, after being pre-tested, there is a certain degree of risk for the user as well as for third persons that something will not function properly. This process of trial-and-error is at the same time a key enabler of technical progress without which most of our technologies would not exist. So far, the risks accompanying new products and services have been properly mitigated by strong product safety legislation and liability rules.

| (3) | The rise of AI, however, presents a significant challenge for the existing liability frameworks. Using AI-systems in our daily life will lead to situations in which their opacity (‘black box’ element) and the multitude of actors who intervene in their life-cycle make it extremely expensive or even impossible to identify who was in control of the risk of using the AI-system in question or which code or input caused the harmful operation. That difficulty is compounded by the connectivity between an AI-system and other AI-systems and non-AI-systems, by its dependency on external data, by its vulnerability to cybersecurity breaches, as well as by the increasing autonomy of AI-systems triggered by machine-learning and deep-learning capabilities. In addition to these complex features and potential vulnerabilities, AI-systems could also be used to cause severe harm, such as compromising human dignity and European values and freedoms, by tracking individuals against their will, by introducing social credit systems, by taking biased decisions in matters of health insurance, credit provision, court orders, recruitment or employment or by constructing lethal autonomous weapon systems. |
| --- | --- |

(3)

The rise of AI, however, presents a significant challenge for the existing liability frameworks. Using AI-systems in our daily life will lead to situations in which their opacity (‘black box’ element) and the multitude of actors who intervene in their life-cycle make it extremely expensive or even impossible to identify who was in control of the risk of using the AI-system in question or which code or input caused the harmful operation. That difficulty is compounded by the connectivity between an AI-system and other AI-systems and non-AI-systems, by its dependency on external data, by its vulnerability to cybersecurity breaches, as well as by the increasing autonomy of AI-systems triggered by machine-learning and deep-learning capabilities. In addition to these complex features and potential vulnerabilities, AI-systems could also be used to cause severe harm, such as compromising human dignity and European values and freedoms, by tracking individuals against their will, by introducing social credit systems, by taking biased decisions in matters of health insurance, credit provision, court orders, recruitment or employment or by constructing lethal autonomous weapon systems.

| (4) | It is important to point out that the advantages of deploying AI-systems will by far outweigh the disadvantages. They will help to fight climate change more effectively, to improve medical examinations as well as working conditions, to better integrate disabled and ageing persons into society and to provide tailor-made education courses for all types of students. To exploit the various technological opportunities and to boost people’s trust in the use of AI-systems, while at the same time preventing harmful scenarios, sound ethical standards combined with solid and fair compensation procedures is the best way forward. |
| --- | --- |

(4)

It is important to point out that the advantages of deploying AI-systems will by far outweigh the disadvantages. They will help to fight climate change more effectively, to improve medical examinations as well as working conditions, to better integrate disabled and ageing persons into society and to provide tailor-made education courses for all types of students. To exploit the various technological opportunities and to boost people’s trust in the use of AI-systems, while at the same time preventing harmful scenarios, sound ethical standards combined with solid and fair compensation procedures is the best way forward.

| (5) | An adequate liability regime is also necessary to counterweigh the breach of safety rules. However, the liability regime laid down in this Regulation needs to take into consideration all interests at stake. A careful examination of the consequences of any new regulatory framework on small and medium-sized enterprises (SMEs) and start-ups is a prerequisite for further legislative action. The crucial role that such enterprises play in the European economy justifies a strictly proportionate approach in order to enable them to develop and innovate. On the other hand, the victims of harm or damage caused by AI-systems need to have a right to redress and to full compensation for the harm or damage that they have suffered. |
| --- | --- |

(5)

An adequate liability regime is also necessary to counterweigh the breach of safety rules. However, the liability regime laid down in this Regulation needs to take into consideration all interests at stake. A careful examination of the consequences of any new regulatory framework on small and medium-sized enterprises (SMEs) and start-ups is a prerequisite for further legislative action. The crucial role that such enterprises play in the European economy justifies a strictly proportionate approach in order to enable them to develop and innovate. On the other hand, the victims of harm or damage caused by AI-systems need to have a right to redress and to full compensation for the harm or damage that they have suffered.

| (6) | Any required changes in the existing legal framework should start with the clarification that AI-systems have neither legal personality nor human conscience, and that their sole task is to serve humanity. Many AI-systems are also not so different from other technologies, which are sometimes based on even more complex software. Ultimately, the vast majority of AI-systems are used for handling trivial tasks without or with minimum risks for the society. By using the term ‘automated decision-making’, the possible ambiguity of the term AI could be avoided. That term describes a situation in which a user initially delegates a decision, partly or completely, to an entity, by means of software or a service. That entity, in turn, uses automatically executed decision-making models to perform an action on behalf of a user, or to inform the user’s decision in performing an action. |
| --- | --- |

(6)

Any required changes in the existing legal framework should start with the clarification that AI-systems have neither legal personality nor human conscience, and that their sole task is to serve humanity. Many AI-systems are also not so different from other technologies, which are sometimes based on even more complex software. Ultimately, the vast majority of AI-systems are used for handling trivial tasks without or with minimum risks for the society. By using the term ‘automated decision-making’, the possible ambiguity of the term AI could be avoided. That term describes a situation in which a user initially delegates a decision, partly or completely, to an entity, by means of software or a service. That entity, in turn, uses automatically executed decision-making models to perform an action on behalf of a user, or to inform the user’s decision in performing an action.

| (7) | There are however also AI-systems that are developed and deployed in a critical manner and are based on technologies such as neuronal networks and deep-learning processes. Their opacity and autonomy could make it very difficult to trace back specific actions to specific human decisions in their design or in their operation. An operator of such an AI-system might, for instance, argue that the physical or virtual activity, device or process causing the harm or damage was outside of his or her control because it wascaused by an autonomous operation of his or her AI-system. Moreover, the mere operation of an autonomous AI-system should not be a sufficient ground for admitting the liability claim. As a result, there might be liability cases in which the allocation of liability could be unfair or inefficient, or in which a person who suffers harm or damage caused by an AI-system cannot prove the fault of the producer, of an interfering third party or of the operator and ends up without compensation. |
| --- | --- |

(7)

There are however also AI-systems that are developed and deployed in a critical manner and are based on technologies such as neuronal networks and deep-learning processes. Their opacity and autonomy could make it very difficult to trace back specific actions to specific human decisions in their design or in their operation. An operator of such an AI-system might, for instance, argue that the physical or virtual activity, device or process causing the harm or damage was outside of his or her control because it wascaused by an autonomous operation of his or her AI-system. Moreover, the mere operation of an autonomous AI-system should not be a sufficient ground for admitting the liability claim. As a result, there might be liability cases in which the allocation of liability could be unfair or inefficient, or in which a person who suffers harm or damage caused by an AI-system cannot prove the fault of the producer, of an interfering third party or of the operator and ends up without compensation.

| (8) | Nevertheless, it should always be clear that whoever creates, maintains, controls or interferes with the AI-system, should be accountable for the harm or damage that the activity, device or process causes. This follows from general and widely accepted liability concepts of justice, according to which the person that creates or maintains a risk for the public is liable if that risk causes harm or damage, and thus should ex-ante minimise or ex-post compensate that risk. Consequently, the rise of AI-systems does not pose a need for a complete revision of liability rules throughout the Union. Specific adjustments to the existing legislation and the introduction of well-accessed and targeted new provisions would be sufficient to accommodate the AI-related challenges, with a view to preventing regulatory fragmentation and ensuring the harmonisation of civil liability legislation throughout the Union in connection with AI. |
| --- | --- |

(8)

Nevertheless, it should always be clear that whoever creates, maintains, controls or interferes with the AI-system, should be accountable for the harm or damage that the activity, device or process causes. This follows from general and widely accepted liability concepts of justice, according to which the person that creates or maintains a risk for the public is liable if that risk causes harm or damage, and thus should ex-ante minimise or ex-post compensate that risk. Consequently, the rise of AI-systems does not pose a need for a complete revision of liability rules throughout the Union. Specific adjustments to the existing legislation and the introduction of well-accessed and targeted new provisions would be sufficient to accommodate the AI-related challenges, with a view to preventing regulatory fragmentation and ensuring the harmonisation of civil liability legislation throughout the Union in connection with AI.

| (9) | Council Directive 85/374/EEC (3) (‘the Product Liability Directive’) has proven for over 30 years to be an effective means of getting compensation for damage triggered by a defective product. Hence, it should also be used with regard to civil liability claims of a party who suffers harm or damage against the producer of a defective AI-system. In line with the better regulation principles of the Union, any necessary legislative adjustments should be discussed during the necessary review of that Directive. The existing fault-based liability law of the Member States also offers in most cases a sufficient level of protection for persons that suffer harm or damage caused by an interfering third person, as that interference regularly constitutes a fault-based action, where the third-party uses the AI system to cause harm. Consequently, this Regulation should focus on claims against the operator of an AI-system. |
| --- | --- |

(9)

Council Directive 85/374/EEC (3) (‘the Product Liability Directive’) has proven for over 30 years to be an effective means of getting compensation for damage triggered by a defective product. Hence, it should also be used with regard to civil liability claims of a party who suffers harm or damage against the producer of a defective AI-system. In line with the better regulation principles of the Union, any necessary legislative adjustments should be discussed during the necessary review of that Directive. The existing fault-based liability law of the Member States also offers in most cases a sufficient level of protection for persons that suffer harm or damage caused by an interfering third person, as that interference regularly constitutes a fault-based action, where the third-party uses the AI system to cause harm. Consequently, this Regulation should focus on claims against the operator of an AI-system.

| (10) | The liability of the operator under this Regulation is based on the fact that he or she exercises a degree of control over a risk connected with the operation and functioning of an AI-system, which is comparable to that of an owner of a car. The more sophisticated and more autonomous a system is, the greater the impact of defining and influencing the algorithms, for example by continuous updates, becomes. As there is often more than one person who could, in a meaningful way, be considered as ‘operating’ the AI-system, under this Regulation ‘operator’ should be understood to cover both the frontend and the backend operator . Although in general, the frontend operator appears as the person who ‘primarily’ decides on the use of the AI-system, the backend operator could in fact have a higher degree of control over the operational risks. If the backend operator also qualifies as ‘producer’ as defined in Article 3 of the Product Liability Directive, that Directive should apply to him or her. If there is only one operator and that operator is also the producer of the AI-system, this Regulation should prevail over the Product Liability Directive. |
| --- | --- |

(10)

The liability of the operator under this Regulation is based on the fact that he or she exercises a degree of control over a risk connected with the operation and functioning of an AI-system, which is comparable to that of an owner of a car. The more sophisticated and more autonomous a system is, the greater the impact of defining and influencing the algorithms, for example by continuous updates, becomes. As there is often more than one person who could, in a meaningful way, be considered as ‘operating’ the AI-system, under this Regulation ‘operator’ should be understood to cover both the frontend and the backend operator . Although in general, the frontend operator appears as the person who ‘primarily’ decides on the use of the AI-system, the backend operator could in fact have a higher degree of control over the operational risks. If the backend operator also qualifies as ‘producer’ as defined in Article 3 of the Product Liability Directive, that Directive should apply to him or her. If there is only one operator and that operator is also the producer of the AI-system, this Regulation should prevail over the Product Liability Directive.

| (11) | If a user, namely the person that utilises the AI-system, is involved in the harmful event, he or she should only be liable under this Regulation if the user also qualifies as an operator. If not, the extent of the user’s grossly negligent or intentional contribution to the risk might lead to the user’s fault-based liability to the claimant. Applicable consumer rights of the user should remain unaffected. |
| --- | --- |

(11)

If a user, namely the person that utilises the AI-system, is involved in the harmful event, he or she should only be liable under this Regulation if the user also qualifies as an operator. If not, the extent of the user’s grossly negligent or intentional contribution to the risk might lead to the user’s fault-based liability to the claimant. Applicable consumer rights of the user should remain unaffected.

| (12) | This Regulation should enable the affected person to bring forward liability claims throughout the liability chain and throughout the lifecycle of an AI-system. It should also cover in principle all AI-systems, no matter where they are operating and whether the operations take place physically or virtually. The majority of liability claims under this Regulation should, however, address cases of third party liability, where an AI-system operates in a public space and exposes many persons to a risk. In that situation, the affected persons will often not be aware of the operating AI-system and will not have any contractual or legal relationship towards the operator. Consequently, the operation of the AI-system puts them into a situation in which, in the event of harm or damage being caused, they only have fault-based liability claims against the operator of the AI-system, while facing severe difficulties to prove fault on the part of the operator. |
| --- | --- |

(12)

This Regulation should enable the affected person to bring forward liability claims throughout the liability chain and throughout the lifecycle of an AI-system. It should also cover in principle all AI-systems, no matter where they are operating and whether the operations take place physically or virtually. The majority of liability claims under this Regulation should, however, address cases of third party liability, where an AI-system operates in a public space and exposes many persons to a risk. In that situation, the affected persons will often not be aware of the operating AI-system and will not have any contractual or legal relationship towards the operator. Consequently, the operation of the AI-system puts them into a situation in which, in the event of harm or damage being caused, they only have fault-based liability claims against the operator of the AI-system, while facing severe difficulties to prove fault on the part of the operator.

| (13) | The type of AI-system the operator is exercising control over is a determining factor. An AI-system that entails a high risk potentially endangers the user or the public to a much higher degree and in a manner that is random and goes beyond what can reasonably be expected. This means that at the start of the autonomous operation of the AI-system, the majority of the potentially affected persons are unknown and not identifiable, for example persons on a public square or in a neighbouring house, compared to the operation of an AI-system that involves specific persons, who have regularly consented to its deployment before, for example surgery in a hospital or a sales demonstration in a small shop. Determining how significant the potential is of a high-risk AI-system to cause harm or damage is dependent on the interplay between the purpose of use for which the AI system is put on the market, the manner in which the AI-system is being used, the severity of the potential harm or damage, the degree of autonomy of decision-making that can result in harm and the likelihood that the risk materialises. The degree of severity should be determined based on relevant factors such as the extent of the potential harm resulting from the operation on affected persons, including in particular effects on fundamental rights, the number of affected persons, the total value for the potential damage, as well as the harm to society as a whole. The likelihood for the harm or damage to occur should be determined based on relevant factors such as the role of the algorithmic calculations in the decision-making process, the complexity of the decision and the reversibility of the effects. Ultimately, the manner of usage should depend on relevant factors such as the context and sector in which the AI-system operates, if it could have legal or factual effects on important legally protected rights of the affected person, and whether the effects can reasonably be avoided. |
| --- | --- |

(13)

The type of AI-system the operator is exercising control over is a determining factor. An AI-system that entails a high risk potentially endangers the user or the public to a much higher degree and in a manner that is random and goes beyond what can reasonably be expected. This means that at the start of the autonomous operation of the AI-system, the majority of the potentially affected persons are unknown and not identifiable, for example persons on a public square or in a neighbouring house, compared to the operation of an AI-system that involves specific persons, who have regularly consented to its deployment before, for example surgery in a hospital or a sales demonstration in a small shop. Determining how significant the potential is of a high-risk AI-system to cause harm or damage is dependent on the interplay between the purpose of use for which the AI system is put on the market, the manner in which the AI-system is being used, the severity of the potential harm or damage, the degree of autonomy of decision-making that can result in harm and the likelihood that the risk materialises. The degree of severity should be determined based on relevant factors such as the extent of the potential harm resulting from the operation on affected persons, including in particular effects on fundamental rights, the number of affected persons, the total value for the potential damage, as well as the harm to society as a whole. The likelihood for the harm or damage to occur should be determined based on relevant factors such as the role of the algorithmic calculations in the decision-making process, the complexity of the decision and the reversibility of the effects. Ultimately, the manner of usage should depend on relevant factors such as the context and sector in which the AI-system operates, if it could have legal or factual effects on important legally protected rights of the affected person, and whether the effects can reasonably be avoided.

| (14) | All AI-systems with a high risk should be exhaustively listed in an Annex to this Regulation. Given the rapid technical and market developments worldwide, as well as the technical expertise which is required for an adequate review of AI-systems, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend this Regulation in respect of the types of AI-systems that pose a high risk and the critical sectors where they are used. Based on the definitions and provisions laid down in this Regulation, the Commission should review the Annex without undue delay, but at least every six months, and, if necessary, amend it by means of delegated acts. The assessment by the Commission of whether an AI-system poses a high-risk should start at the same time as the product safety assessment, in order to prevent a situation in which a high-risk AI-system is already approved for the market but not yet classified as high-risk and thus operates without mandatory insurance cover. To give businesses and research organisations enough planning and investment security, changes to the critical sectors should only be made every twelve months. Operators should be called upon to notify the Commission if they are working on new technology, products or services that fall under one of the existing critical sectors provided for in the Annex and which later could qualify as a high-risk AI-system. |
| --- | --- |

(14)

All AI-systems with a high risk should be exhaustively listed in an Annex to this Regulation. Given the rapid technical and market developments worldwide, as well as the technical expertise which is required for an adequate review of AI-systems, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend this Regulation in respect of the types of AI-systems that pose a high risk and the critical sectors where they are used. Based on the definitions and provisions laid down in this Regulation, the Commission should review the Annex without undue delay, but at least every six months, and, if necessary, amend it by means of delegated acts. The assessment by the Commission of whether an AI-system poses a high-risk should start at the same time as the product safety assessment, in order to prevent a situation in which a high-risk AI-system is already approved for the market but not yet classified as high-risk and thus operates without mandatory insurance cover. To give businesses and research organisations enough planning and investment security, changes to the critical sectors should only be made every twelve months. Operators should be called upon to notify the Commission if they are working on new technology, products or services that fall under one of the existing critical sectors provided for in the Annex and which later could qualify as a high-risk AI-system.

| (15) | It is of particular importance that the Commission carry out appropriate consultations with the relevant stakeholders during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (4). A standing committee called ‘Technical Committee — high-risk AI-systems’ (TCRAI) should support the Commission in its regular review under this Regulation. That standing committee should comprise representatives of the Member States, as well as a balanced selection of stakeholders, including consumer organisation, associations representing affected persons, businesses representatives from different sectors and sizes, as well as researchers and scientists. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups as well as the standing TCRAI-committee, when dealing with the preparation of delegated acts. |
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(15)

It is of particular importance that the Commission carry out appropriate consultations with the relevant stakeholders during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (4). A standing committee called ‘Technical Committee — high-risk AI-systems’ (TCRAI) should support the Commission in its regular review under this Regulation. That standing committee should comprise representatives of the Member States, as well as a balanced selection of stakeholders, including consumer organisation, associations representing affected persons, businesses representatives from different sectors and sizes, as well as researchers and scientists. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups as well as the standing TCRAI-committee, when dealing with the preparation of delegated acts.

| (16) | This Regulation should cover harm or damage to life, health, physical integrity, property and significant immaterial harm that results in a verifiable economic loss above a threshold, harmonised in Union liability law, that balances the access to justice of affected persons with the interests of other involved persons. The Commission should re-evaluate and align the thresholds for damages in Union law. Significant immaterial harm should be understood as meaning harm as a result of which the affected person suffers considerable detriment, an objective and demonstrable impairment of his or her personal interests and an economic loss calculated having regard, for example, to annual average figures of past revenues and other relevant circumstances. This Regulation should also determine the amount and extent of compensation, as well as the limitation period for bringing forward liability claims. This Regulation should set out a significantly lower ceiling for compensation than that provided for in the Product Liability Directive, as this Regulation only refers to the harm or damage of a single person resulting from a single operation of an AI-system, while the former refers to a number of products or even a product line with the same defect. |
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(16)

This Regulation should cover harm or damage to life, health, physical integrity, property and significant immaterial harm that results in a verifiable economic loss above a threshold, harmonised in Union liability law, that balances the access to justice of affected persons with the interests of other involved persons. The Commission should re-evaluate and align the thresholds for damages in Union law. Significant immaterial harm should be understood as meaning harm as a result of which the affected person suffers considerable detriment, an objective and demonstrable impairment of his or her personal interests and an economic loss calculated having regard, for example, to annual average figures of past revenues and other relevant circumstances. This Regulation should also determine the amount and extent of compensation, as well as the limitation period for bringing forward liability claims. This Regulation should set out a significantly lower ceiling for compensation than that provided for in the Product Liability Directive, as this Regulation only refers to the harm or damage of a single person resulting from a single operation of an AI-system, while the former refers to a number of products or even a product line with the same defect.

| (17) | All physical or virtual activities, devices or processes driven by AI-systems that are not listed as a high-risk AI-system in the Annex to this Regulation should remain subject to fault-based liability, unless stricter national laws and consumer protection legislation is in force. The national laws of the Member States, including any relevant jurisprudence, with regard to the amount and extent of compensation, as well as the limitation period, should continue to apply. A person who suffers harm or damage caused by an AI-system not listed as a high-risk AI-system should benefit from the presumption of fault of the operator. |
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(17)

All physical or virtual activities, devices or processes driven by AI-systems that are not listed as a high-risk AI-system in the Annex to this Regulation should remain subject to fault-based liability, unless stricter national laws and consumer protection legislation is in force. The national laws of the Member States, including any relevant jurisprudence, with regard to the amount and extent of compensation, as well as the limitation period, should continue to apply. A person who suffers harm or damage caused by an AI-system not listed as a high-risk AI-system should benefit from the presumption of fault of the operator.

| (18) | The diligence which can be expected from an operator should be commensurate with (i) the nature of the AI system: (ii) the legally-protected right potentially affected: (iii) the potential harm or damage the AI-system could cause: and (iv) the likelihood of such damage. Thereby, it should be taken into account that the operator might have limited knowledge of the algorithms and data used in the AI-system. It should be presumed that the operator has observed the due care that can reasonably be expected from him or her in selecting a suitable AI-system, if the operator has selected an AI-system which has been certified under a scheme similar to the voluntary certification scheme envisaged by the Commission (5). It should be presumed that the operator has observed the due care that can reasonably be expected from him or her during the operation of the AI-system, if the operator can prove that he or she actually and regularly monitored the AI-system during its operation and that he or she notified the manufacturer about potential irregularities during the operation. It should be presumed that the operator has observed the due care that can reasonably be expected from him or her as regards maintaining the operational reliability, if the operator installed all available updates provided by the producer of the AI-system. Since the level of sophistication of operators can vary depending on whether they are mere consumers or professionals, the duties of care should be adapted accordingly. |
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(18)

The diligence which can be expected from an operator should be commensurate with (i) the nature of the AI system: (ii) the legally-protected right potentially affected: (iii) the potential harm or damage the AI-system could cause: and (iv) the likelihood of such damage. Thereby, it should be taken into account that the operator might have limited knowledge of the algorithms and data used in the AI-system. It should be presumed that the operator has observed the due care that can reasonably be expected from him or her in selecting a suitable AI-system, if the operator has selected an AI-system which has been certified under a scheme similar to the voluntary certification scheme envisaged by the Commission (5). It should be presumed that the operator has observed the due care that can reasonably be expected from him or her during the operation of the AI-system, if the operator can prove that he or she actually and regularly monitored the AI-system during its operation and that he or she notified the manufacturer about potential irregularities during the operation. It should be presumed that the operator has observed the due care that can reasonably be expected from him or her as regards maintaining the operational reliability, if the operator installed all available updates provided by the producer of the AI-system. Since the level of sophistication of operators can vary depending on whether they are mere consumers or professionals, the duties of care should be adapted accordingly.

| (19) | In order to enable the operator to prove that he or she was not at fault, or to enable the affected person to prove the existence of fault, producers should have the duty to cooperate with both parties concerned, including by providing well-documented information. Both producers established within and outside the Union should furthermore have the obligation to designate an AI-liability representative within the Union as a contact point for replying to all requests from operators, in a manner similar to the data protection officers as set out in Article 37 of Regulation (EU) 2016/679 of the European Parliament and of the Council (6) , to the manufacturer's representative as set out in Articles 3(41) and 13(4) of Regulation (EU) 2018/858 of the European Parliament and of the Council (7) or to the authorised representative as set out in Articles 4(2) and 5 of Regulation (EU) 2019/1020 of the European Parliament and of the Council (8) . |
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(19)

In order to enable the operator to prove that he or she was not at fault, or to enable the affected person to prove the existence of fault, producers should have the duty to cooperate with both parties concerned, including by providing well-documented information. Both producers established within and outside the Union should furthermore have the obligation to designate an AI-liability representative within the Union as a contact point for replying to all requests from operators, in a manner similar to the data protection officers as set out in Article 37 of Regulation (EU) 2016/679 of the European Parliament and of the Council (6) , to the manufacturer's representative as set out in Articles 3(41) and 13(4) of Regulation (EU) 2018/858 of the European Parliament and of the Council (7) or to the authorised representative as set out in Articles 4(2) and 5 of Regulation (EU) 2019/1020 of the European Parliament and of the Council (8) .

| (20) | The legislator has to consider the liability risks connected to AI-systems during their whole lifecycle, from development to usage to end of life, including the waste and recycling management. The inclusion of AI-systems in a product or service represents a financial risk for businesses and consequently will have a heavy impact on the ability and options for SMEs, as well as for start-ups, in relation to insuring and financing their research and development projects based on new technologies. The purpose of liability is, therefore, not only to safeguard important legally protected rights of individuals, but also to determine whether businesses, especially SMEs and start-ups, are able to raise capital, innovate, research, and ultimately offer new products and services, as well as whether consumers trust such products and services and are willing to use them despite the potential risks and legal claims being brought in respect of such products or services. |
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(20)

The legislator has to consider the liability risks connected to AI-systems during their whole lifecycle, from development to usage to end of life, including the waste and recycling management. The inclusion of AI-systems in a product or service represents a financial risk for businesses and consequently will have a heavy impact on the ability and options for SMEs, as well as for start-ups, in relation to insuring and financing their research and development projects based on new technologies. The purpose of liability is, therefore, not only to safeguard important legally protected rights of individuals, but also to determine whether businesses, especially SMEs and start-ups, are able to raise capital, innovate, research, and ultimately offer new products and services, as well as whether consumers trust such products and services and are willing to use them despite the potential risks and legal claims being brought in respect of such products or services.

| (21) | Insurance can help guarantee that victims receive effective compensation and pool the risks of all insured persons. One of the factors on which insurance companies base their offer of insurance products and services is risk assessment, based on access to sufficient historical claims data. A lack of access to, or an insufficient quantity of, high quality data could be a reason why creating insurance products for new and emerging technologies is difficult at the beginning. However, greater access to, and optimising the use of, data generated by new technologies, coupled with an obligation to provide well-documented information, would enhance insurers’ ability to model emerging risk and to foster the development of more innovative cover. |
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(21)

Insurance can help guarantee that victims receive effective compensation and pool the risks of all insured persons. One of the factors on which insurance companies base their offer of insurance products and services is risk assessment, based on access to sufficient historical claims data. A lack of access to, or an insufficient quantity of, high quality data could be a reason why creating insurance products for new and emerging technologies is difficult at the beginning. However, greater access to, and optimising the use of, data generated by new technologies, coupled with an obligation to provide well-documented information, would enhance insurers’ ability to model emerging risk and to foster the development of more innovative cover.

| (22) | Given that historical claims data are missing, how and under which conditions liability is insurable should be investigated, with a view to linking insurance to the product and not to the responsible person. There are already insurance products that are developed area-by-area and cover-by-cover as technology develops. Many insurers specialise in certain market segments (e.g. SMEs) or in providing cover for certain product types (e.g. electrical goods), which means that there will usually be an insurance product available for the insured. However, a ‘one-size-fits-all’ solution is difficult to envisage and the insurance market will need time to adapt. The Commission should work closely with the insurance market to develop innovative insurance products that could close the insurance gap. In exceptional cases, such as an event incurring collective damages, in which the compensation significantly exceeds the maximum amounts set out in this Regulation, Member States should be encouraged to set up a special compensation fund, for a limited period of time, that addresses the specific needs of those cases. Special compensation funds could also be set up to cover those exceptional cases in which an AI-system, which is not yet classified as high-risk AI-system and thus, is not yet insured, causes harm or damage. In order to ensure legal certainty and to fulfil the obligation to inform all potentially affected persons, the existence of the special compensation fund as well as the conditions to benefit from it should be made public in a clear and comprehensive manner. |
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(22)

Given that historical claims data are missing, how and under which conditions liability is insurable should be investigated, with a view to linking insurance to the product and not to the responsible person. There are already insurance products that are developed area-by-area and cover-by-cover as technology develops. Many insurers specialise in certain market segments (e.g. SMEs) or in providing cover for certain product types (e.g. electrical goods), which means that there will usually be an insurance product available for the insured. However, a ‘one-size-fits-all’ solution is difficult to envisage and the insurance market will need time to adapt. The Commission should work closely with the insurance market to develop innovative insurance products that could close the insurance gap. In exceptional cases, such as an event incurring collective damages, in which the compensation significantly exceeds the maximum amounts set out in this Regulation, Member States should be encouraged to set up a special compensation fund, for a limited period of time, that addresses the specific needs of those cases. Special compensation funds could also be set up to cover those exceptional cases in which an AI-system, which is not yet classified as high-risk AI-system and thus, is not yet insured, causes harm or damage. In order to ensure legal certainty and to fulfil the obligation to inform all potentially affected persons, the existence of the special compensation fund as well as the conditions to benefit from it should be made public in a clear and comprehensive manner.

| (23) | It is of utmost importance that any future changes to this Regulation go hand in hand with the necessary review of the Product Liability Directive, in order to revise it in a comprehensive and consistent manner and to guarantee the rights and obligations of all parties concerned throughout the liability chain. The introduction of a new liability regime for the operator of AI-systems requires that the provisions of this Regulation and the review of the Product Liability Directive be closely coordinated in terms of substance as well as approach so that they together constitute a consistent liability framework for AI-systems, balancing the interests of producer, operator, consumer and the affected person, as regards the liability risk and the relevant compensation arrangements. Adapting and streamlining the definitions of AI-system, frontend and backend operator, producer, defect, product and service throughout all pieces of legislation is therefore necessary and should be envisaged in parallel. |
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(23)

It is of utmost importance that any future changes to this Regulation go hand in hand with the necessary review of the Product Liability Directive, in order to revise it in a comprehensive and consistent manner and to guarantee the rights and obligations of all parties concerned throughout the liability chain. The introduction of a new liability regime for the operator of AI-systems requires that the provisions of this Regulation and the review of the Product Liability Directive be closely coordinated in terms of substance as well as approach so that they together constitute a consistent liability framework for AI-systems, balancing the interests of producer, operator, consumer and the affected person, as regards the liability risk and the relevant compensation arrangements. Adapting and streamlining the definitions of AI-system, frontend and backend operator, producer, defect, product and service throughout all pieces of legislation is therefore necessary and should be envisaged in parallel.

| (24) | Since the objectives of this Regulation, namely to create a future-oriented and unified approach at Union level, setting common European standards for European citizens and businesses to ensure the consistency of rights and legal certainty throughout the Union and to avoid fragmentation of the Digital Single Market, which would hamper the goal of maintaining digital sovereignty, of fostering digital innovation in Europe and of ensuring a high-level protection of citizen and consumer rights, require that the liability regimes for AI-systems are fully harmonized. This cannot be sufficiently achieved by the Member States due to the rapid technological change, the cross-border development as well as the usage of AI-systems and eventually, the conflicting legislative approaches across the Union, but can rather, by reason of the scale or effects of the action, be achieved at Union level. The Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives, |
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(24)

Since the objectives of this Regulation, namely to create a future-oriented and unified approach at Union level, setting common European standards for European citizens and businesses to ensure the consistency of rights and legal certainty throughout the Union and to avoid fragmentation of the Digital Single Market, which would hamper the goal of maintaining digital sovereignty, of fostering digital innovation in Europe and of ensuring a high-level protection of citizen and consumer rights, require that the liability regimes for AI-systems are fully harmonized. This cannot be sufficiently achieved by the Member States due to the rapid technological change, the cross-border development as well as the usage of AI-systems and eventually, the conflicting legislative approaches across the Union, but can rather, by reason of the scale or effects of the action, be achieved at Union level. The Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation sets out rules for the civil liability claims of natural and legal persons against operators of AI-systems.

Article 2

Scope

1.   This Regulation applies on the territory of the Union where a physical or virtual activity, device or process driven by an AI-system has caused harm or damage to the life, health, physical integrity of a natural person, to the property of a natural or legal person or has caused significant immaterial harm resulting in a verifiable economic loss.

2.   Any agreement between an operator of an AI-system and a natural or legal person who suffers harm or damage because of the AI-system, which circumvents or limits the rights and obligations set out in this Regulation, concluded before or after the harm or damage occurred, shall be deemed null and void as regards the rights and obligations laid down in this Regulation.

3.   This Regulation is without prejudice to any additional liability claims resulting from contractual relationships, as well as from regulations on product liability, consumer protection, anti-discrimination, labour and environmental protection between the operator and the natural or legal person who suffered harm or damage because of the AI-system and that may be brought against the operator under Union or national law.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

| (a) | ‘AI-system’ means a system that is either software-based or embedded in hardware devices, and that displays behaviour simulating intelligence by, inter alia, collecting and processing data, analysing and interpreting its environment, and by taking action, with some degree of autonomy, to achieve specific goals; |
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(a)

‘AI-system’ means a system that is either software-based or embedded in hardware devices, and that displays behaviour simulating intelligence by, inter alia, collecting and processing data, analysing and interpreting its environment, and by taking action, with some degree of autonomy, to achieve specific goals;

| (b) | ‘autonomous’ means an AI-system that operates by interpreting certain input and by using a set of pre-determined instructions, without being limited to such instructions, despite the system’s behaviour being constrained by, and targeted at, fulfilling the goal it was given and other relevant design choices made by its developer; |
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(b)

‘autonomous’ means an AI-system that operates by interpreting certain input and by using a set of pre-determined instructions, without being limited to such instructions, despite the system’s behaviour being constrained by, and targeted at, fulfilling the goal it was given and other relevant design choices made by its developer;

| (c) | ‘high risk’ means a significant potential in an autonomously operating AI-system to cause harm or damage to one or more persons in a manner that is random and goes beyond what can reasonably be expected; the significance of the potential depends on the interplay between the severity of possible harm or damage, the degree of autonomy of decision-making, the likelihood that the risk materializes and the manner and the context in which the AI-system is being used; |
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(c)

‘high risk’ means a significant potential in an autonomously operating AI-system to cause harm or damage to one or more persons in a manner that is random and goes beyond what can reasonably be expected; the significance of the potential depends on the interplay between the severity of possible harm or damage, the degree of autonomy of decision-making, the likelihood that the risk materializes and the manner and the context in which the AI-system is being used;

| (d) | ‘operator’ means both the frontend and the backend operator as long as the latter’s liability is not already covered by Directive 85/374/EEC; |
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(d)

‘operator’ means both the frontend and the backend operator as long as the latter’s liability is not already covered by Directive 85/374/EEC;

| (e) | ‘frontend operator’ means any natural or legal person who exercises a degree of control over a risk connected with the operation and functioning of the AI-system and benefits from its operation; |
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(e)

‘frontend operator’ means any natural or legal person who exercises a degree of control over a risk connected with the operation and functioning of the AI-system and benefits from its operation;

| (f) | ‘backend operator’ means any natural or legal person who, on a continuous basis, defines the features of the technology and provides data and an essential backend support service and therefore also exercises a degree of control over the risk connected with the operation and functioning of the AI-system; |
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(f)

‘backend operator’ means any natural or legal person who, on a continuous basis, defines the features of the technology and provides data and an essential backend support service and therefore also exercises a degree of control over the risk connected with the operation and functioning of the AI-system;

| (g) | ‘control’ means any action of an operator that influences the operation of an AI-system and thus the extent to which the operator exposes third parties to the potential risks associated with the operation and functioning of the AI-system; such actions can impact the operation at any stage by determining the input, output or results, or can change specific functions or processes within the AI-system; the degree to which those aspects of the operation of the AI-system are determined by the action depends on the level of influence the operator has over the risk connected with the operation and functioning of the AI-system; |
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(g)

‘control’ means any action of an operator that influences the operation of an AI-system and thus the extent to which the operator exposes third parties to the potential risks associated with the operation and functioning of the AI-system; such actions can impact the operation at any stage by determining the input, output or results, or can change specific functions or processes within the AI-system; the degree to which those aspects of the operation of the AI-system are determined by the action depends on the level of influence the operator has over the risk connected with the operation and functioning of the AI-system;

| (h) | ‘affected person’ means any person who suffers harm or damage caused by a physical or virtual activity, device or process driven by an AI-system, and who is not its operator; |
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(h)

‘affected person’ means any person who suffers harm or damage caused by a physical or virtual activity, device or process driven by an AI-system, and who is not its operator;

| (i) | ‘harm or damage’ means an adverse impact affecting the life, health, physical integrity of a natural person, the property of a natural or legal person or causing significant immaterial harm that results in a verifiable economic loss; |
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(i)

‘harm or damage’ means an adverse impact affecting the life, health, physical integrity of a natural person, the property of a natural or legal person or causing significant immaterial harm that results in a verifiable economic loss;

| (j) | ‘producer’ means the producer as defined in Article 3 of Directive 85/374/EEC. |
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(j)

‘producer’ means the producer as defined in Article 3 of Directive 85/374/EEC.

CHAPTER II

HIGH-RISK AI-SYSTEMS

HIGH-RISK AI-SYSTEMS

Article 4

Strict liability for high-risk AI-systems

1.   The operator of a high-risk AI-system shall be strictly liable for any harm or damage that was caused by a physical or virtual activity, device or process driven by that AI-system.

2.   All high-risk AI-systems and all critical sectors where they are used shall be listed in the Annex to this Regulation. The Commission is empowered to adopt delegated acts in accordance with Article 13, to amend that exhaustive list, by:

| (a) | including new types of high-risk AI-systems and critical sectors in which they are deployed; |
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(a)

including new types of high-risk AI-systems and critical sectors in which they are deployed;

| (b) | deleting types of AI-systems that can no longer be considered to pose a high risk; and/or |
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(b)

deleting types of AI-systems that can no longer be considered to pose a high risk; and/or

| (c) | changing the critical sectors for existing high-risk AI-systems. |
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(c)

changing the critical sectors for existing high-risk AI-systems.

Any delegated act amending the Annex shall come into force six months after its adoption. When determining new high-risk AI-systems and/or critical sectors to be inserted by means of delegated acts in the Annex, the Commission shall take full account of the criteria set out in this Regulation, in particular those referred to in Article 3(c).

3.   Operators of high-risk AI-systems shall not be able to exonerate themselves from liability by arguing that they acted with due diligence or that the harm or damage was caused by an autonomous activity, device or process driven by their AI-system. Operators shall not be held liable if the harm or damage was caused by force majeure.

4.   The frontend operator of a high-risk AI-system shall ensure that operations of that AI-system are covered by liability insurance that is adequate in relation to the amounts and extent of compensation provided for in Articles 5 and 6 of this Regulation. The backend operator shall ensure that its services are covered by business liability or product liability insurance that is adequate in relation to the amounts and extent of compensation provided for in Article 5 and 6 of this Regulation. If compulsory insurance regimes of the frontend or backend operator already in force pursuant to other Union or national law or existing voluntary corporate insurance funds are considered to cover the operation of the AI-system or the provided service, the obligation to take out insurance for the AI-system or the provided service pursuant to this Regulation shall be deemed fulfilled, as long as the relevant existing compulsory insurance or the voluntary corporate insurance funds cover the amounts and the extent of compensation provided for in Articles 5 and 6 of this Regulation.

5.   This Regulation shall prevail over national liability regimes in the event of conflicting strict liability classification of AI-systems.

Article 5

Amount of compensation

1.   An operator of a high-risk AI-system that has been held liable for harm or damage under this Regulation shall compensate:

| (a) | up to a maximum amount of EUR two million in the event of the death of, or in the event of harm caused to the health or physical integrity of, an affected person, resulting from an operation of a high-risk AI-system; |
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(a)

up to a maximum amount of EUR two million in the event of the death of, or in the event of harm caused to the health or physical integrity of, an affected person, resulting from an operation of a high-risk AI-system;

| (b) | up to a maximum amount of EUR one million in the event of significant immaterial harm that results in a verifiable economic loss or of damage caused to property, including when several items of property of an affected person were damaged as a result of a single operation of a single high-risk AI-system; where the affected person also holds a contractual liability claim against the operator, no compensation shall be paid under this Regulation, if the total amount of the damage to property or the significant immaterial harm is of a value that falls below [EUR 500] (9). |
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(b)

up to a maximum amount of EUR one million in the event of significant immaterial harm that results in a verifiable economic loss or of damage caused to property, including when several items of property of an affected person were damaged as a result of a single operation of a single high-risk AI-system; where the affected person also holds a contractual liability claim against the operator, no compensation shall be paid under this Regulation, if the total amount of the damage to property or the significant immaterial harm is of a value that falls below [EUR 500] (9).

2.   Where the combined compensation to be paid to several persons who suffer harm or damage caused by the same operation of the same high-risk AI-system exceeds the maximum total amounts provided for in paragraph 1, the amounts to be paid to each person shall be reduced pro-rata so that the combined compensation does not exceed the maximum amounts set out in paragraph 1.

Article 6

Extent of compensation

1.   Within the amount set out in Article 5(1)(a), compensation to be paid by the operator held liable in the event of physical harm followed by the death of the affected person, shall be calculated based on the costs of the medical treatment that the affected person underwent prior to his or her death, and of the pecuniary prejudice sustained prior to death caused by the cessation or reduction of the earning capacity or the increase in his or her needs for the duration of the harm prior to death. The operator held liable shall furthermore reimburse the funeral costs for the deceased affected person to the party who is responsible for defraying those expenses.

If, at the time of the incident that caused the harm leading to his or her death, the affected person was in a relationship with a third party and had a legal obligation to support that third party, the operator held liable shall indemnify the third party by paying maintenance to the extent to which the affected person would have been obliged to pay, for the period corresponding to an average life expectancy for a person of his or her age and general description. The operator shall also indemnify the third party if, at the time of the incident that caused the death, the third party had been conceived but had not yet been born.

2.   Within the amount set out in Article 5(1)(b), compensation to be paid by the operator held liable in the event of harm to the health or the physical integrity of the affected person shall include the reimbursement of the costs of the related medical treatment as well as the payment for any pecuniary prejudice sustained by the affected person, as a result of the temporary suspension, reduction or permanent cessation of his or her earning capacity or the consequent, medically certified increase in his or her needs.

Article 7

Limitation period

1.   Civil liability claims, brought in accordance with Article 4(1), concerning harm to life, health or physical integrity, shall be subject to a special limitation period of 30 years from the date on which the harm occurred.

2.   Civil liability claims, brought in accordance with Article 4(1), concerning damage to property or significant immaterial harm that results in a verifiable economic loss shall be subject to special limitation period of:

| (a) | 10 years from the date when the property damage occurred or the verifiable economic loss resulting from the significant immaterial harm, respectively, occurred, or |
| --- | --- |

(a)

10 years from the date when the property damage occurred or the verifiable economic loss resulting from the significant immaterial harm, respectively, occurred, or

| (b) | 30 years from the date on which the operation of the high-risk AI-system that subsequently caused the property damage or the immaterial harm took place. |
| --- | --- |

(b)

30 years from the date on which the operation of the high-risk AI-system that subsequently caused the property damage or the immaterial harm took place.

Of the periods referred to in the first subparagraph, the period that ends first shall be applicable.

3.   This Article shall be without prejudice to national law regulating the suspension or interruption of limitation periods.

CHAPTER III

OTHER AI-SYSTEMS

OTHER AI-SYSTEMS

Article 8

Fault-based liability for other AI-systems

1.   The operator of an AI-system that does not constitute a high-risk AI-system as laid down in Articles 3(c) and 4(2) and, as a result is not listed in the Annex to this Regulation, shall be subject to fault-based liability for any harm or damage that was caused by a physical or virtual activity, device or process driven by the AI-system.

2.   The operator shall not be liable if he or she can prove that the harm or damage was caused without his or her fault, relying on either of the following grounds:

| (a) | the AI-system was activated without his or her knowledge while all reasonable and necessary measures to avoid such activation outside of the operator’s control were taken, or |
| --- | --- |

(a)

the AI-system was activated without his or her knowledge while all reasonable and necessary measures to avoid such activation outside of the operator’s control were taken, or

| (b) | due diligence was observed by performing all the following actions: selecting a suitable AI-system for the right task and skills, putting the AI-system duly into operation, monitoring the activities and maintaining the operational reliability by regularly installing all available updates. |
| --- | --- |

(b)

due diligence was observed by performing all the following actions: selecting a suitable AI-system for the right task and skills, putting the AI-system duly into operation, monitoring the activities and maintaining the operational reliability by regularly installing all available updates.

The operator shall not be able to escape liability by arguing that the harm or damage was caused by an autonomous activity, device or process driven by his or her AI-system. The operator shall not be liable if the harm or damage was caused by force majeure.

3.   Where the harm or damage was caused by a third party that interfered with the AI-system by modifying its functioning or its effects, the operator shall nonetheless be liable for the payment of compensation if such third party is untraceable or impecunious.

4.   At the request of the operator or the affected person, the producer of an AI-system shall have the duty of cooperating with, and providing information to, them to the extent warranted by the significance of the claim, in order to allow for the identification of the liabilities.

Article 9

National provisions on compensation and limitation period

Civil liability claims brought in accordance with Article 8(1) shall be subject, in relation to limitation periods as well as the amounts and the extent of compensation, to the laws of the Member State in which the harm or damage occurred.

CHAPTER IV

APPORTIONMENT OF LIABILITY

APPORTIONMENT OF LIABILITY

Article 10

Contributory negligence

1.   If the harm or damage is caused both by a physical or virtual activity, device or process driven by an AI-system and by the actions of an affected person or of any person for whom the affected person is responsible, the extent of liability of the operator under this Regulation shall be reduced accordingly. The operator shall not be liable if the affected person or the person for whom he or she is responsible is solely to blame for the harm or damage caused.

2.   An operator held liable may use the data generated by the AI-system to prove contributory negligence on the part of the affected person, in accordance with Regulation (EU) 2016/679 and other relevant data protection laws. The affected person may also use such data as a means of proof or clarification in the liability claim.

Article 11

Joint and several liability

If there is more than one operator of an AI-system, they shall be jointly and severally liable. If a frontend operator is also the producer of the AI-system, this Regulation shall prevail over the Product Liability Directive. If the backend operator also qualifies as a producer as defined in Article 3 of the Product Liability Directive, that Directive should apply to him or her. If there is only one operator and that operator is also the producer of the AI-system, this Regulation should prevail over the Product Liability Directive.

Article 12

Recourse for compensation

1.   The operator shall not be entitled to pursue a recourse action unless the affected person has been paid in full any compensation which that person is entitled to receive under this Regulation.

2.   In the event that the operator is held jointly and severally liable with other operators in respect of an affected person and has fully compensated that affected person, in accordance with Article 4(1) or 8(1), that operator may recover part of the compensation from the other operators, in proportion to his or her liability.

The proportions of liability shall be based on the respective degrees of control the operators had over the risk connected with the operation and functioning of the AI-system. If the contribution attributable to a jointly and severally liable operator cannot be obtained from him or her, the shortfall shall be borne by the other operators. To the extent that a jointly and severally liable operator compensates the affected person and demands adjustment of advance payments from the other liable operators, the claim of the affected person against the other operators shall be subrogated to the operator. The subrogation of claims shall not be asserted to the disadvantage of the original claim.

3.   In the event that the operator of a defective AI-system fully indemnifies the affected person for harm or damages in accordance with Article 4(1) or 8(1) of this Regulation, he or she may take action for redress against the producer of the defective AI-system in accordance with Directive 85/374/EEC and with national provisions concerning liability for defective products.

4.   In the event that the insurer of the operator indemnifies the affected person for harm or damage in accordance with Article 4(1) or 8(1), any civil liability claim of the affected person against another person for the same damage shall be subrogated to the insurer of the operator to the extent of the amount the insurer of the operator has compensated the affected person.

CHAPTER V

FINAL PROVISIONS

FINAL PROVISIONS

Article 13

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 4(2) shall be conferred on the Commission for a period of five years from [date of application of this Regulation].

3.   The delegation of power referred to in Article 4(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult the standing Technical Committee for high-risk AI-systems (TCRAI-committee) in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Article 4(2) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 14

Review

By 1 January 202X [3 years after the date of application of this Regulation], and every three years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a detailed report reviewing this Regulation in light of further development of Artificial Intelligence.

When preparing the report referred to in the first subparagraph, the Commission shall request relevant information from Member States relating to case law, court settlements as well as accident statistics, such as the number of accidents, damage suffered, AI applications involved, compensation paid by insurance companies, as well as an assessment of the number of claims brought by affected persons, either individually or collectively, and of the time frames in which those claims are dealt with in court.

The Commission’s report shall be accompanied, where appropriate, by legislative proposals, intended to address any gaps identified in the report.

Article 15

Entry into force

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

It shall apply from 1 January 202X.

This Regulation shall be binding in its entirety and directly applicable in the Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

ANNEX

[...]

---

(1)  OJ ...

1

(2)  OJ ...

2

(3)  Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).

3

(4)  OJ L 123, 12.5.2016, p. 1.

4

(5)  Please refer to page 24 of Commission White Paper of 19 February 2020 on Artificial Intelligence — A European approach to excellence and trust (COM(2020)0065).

5

(6)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

6

(7)  Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

7

(8)  Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

8

(9)  To be revised by the Commission as set out in paragraph 19 of the resolution.

9

---

| 6.10.2021 | EN | Official Journal of the European Union | C 404/129 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/129

---

P9_TA(2020)0277

Intellectual property rights for the development of artificial intelligence technologies

European Parliament resolution of 20 October 2020 on intellectual property rights for the development of artificial intelligence technologies (2020/2015(INI))

(2021/C 404/06)

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Articles 4, 16, 26, 114 and 118 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Articles 4, 16, 26, 114 and 118 thereof,

| — | having regard to the Berne Convention for the Protection of Literary and Artistic Works, |
| --- | --- |

—

having regard to the Berne Convention for the Protection of Literary and Artistic Works,

| — | having regard to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1) and the Commission’s Better Regulations Guidelines (COM(2015)0215), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1) and the Commission’s Better Regulations Guidelines (COM(2015)0215),

| — | having regard to the World Intellectual Property Organisation (WIPO) Copyright Treaty, the WIPO Performances and Phonograms Treaty and the WIPO revised Issues Paper of 29 May 2020 on Intellectual Property Policy and Artificial Intelligence, |
| --- | --- |

—

having regard to the World Intellectual Property Organisation (WIPO) Copyright Treaty, the WIPO Performances and Phonograms Treaty and the WIPO revised Issues Paper of 29 May 2020 on Intellectual Property Policy and Artificial Intelligence,

| — | having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (2), |
| --- | --- |

—

having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (2),

| — | having regard to Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (3), |
| --- | --- |

—

having regard to Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (3),

| — | having regard to Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (4), |
| --- | --- |

—

having regard to Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (4),

| — | having regard to Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (5), |
| --- | --- |

—

having regard to Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (5),

| — | having regard to Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (6), |
| --- | --- |

—

having regard to Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (6),

| — | having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’) (7), |
| --- | --- |

—

having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’) (7),

| — | having regard to Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union (8), |
| --- | --- |

—

having regard to Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union (8),

| — | having regard to Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (9), |
| --- | --- |

—

having regard to Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (9),

| — | having regard to the Commission White Paper of 19 February 2020 entitled ‘Artificial Intelligence — A European approach to excellence and trust’ (COM(2020)0065), |
| --- | --- |

—

having regard to the Commission White Paper of 19 February 2020 entitled ‘Artificial Intelligence — A European approach to excellence and trust’ (COM(2020)0065),

| — | having regard to the work of the High-Level Expert Group on Artificial Intelligence set up by the Commission, |
| --- | --- |

—

having regard to the work of the High-Level Expert Group on Artificial Intelligence set up by the Commission,

| — | having regard to the Commission communications entitled ‘A European Data Strategy’ (COM(2020)0066) and ‘A New Industrial Strategy for Europe’ (COM(2020)0102), |
| --- | --- |

—

having regard to the Commission communications entitled ‘A European Data Strategy’ (COM(2020)0066) and ‘A New Industrial Strategy for Europe’ (COM(2020)0102),

| — | having regard to the Guidelines for Examination in the European Patent Office of November 2019, |
| --- | --- |

—

having regard to the Guidelines for Examination in the European Patent Office of November 2019,

| — | having regard to the digital economy working paper 2016/05 of the Commission’s Joint Research Centre and its Institute for Prospective Technological Studies entitled ‘An Economic Policy Perspective on Online Platforms’, |
| --- | --- |

—

having regard to the digital economy working paper 2016/05 of the Commission’s Joint Research Centre and its Institute for Prospective Technological Studies entitled ‘An Economic Policy Perspective on Online Platforms’,

| — | having regard to the political guidelines for the next European Commission 2019-2024 entitled ‘A Union that strives for more: my agenda for Europe’, |
| --- | --- |

—

having regard to the political guidelines for the next European Commission 2019-2024 entitled ‘A Union that strives for more: my agenda for Europe’,

| — | having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (10), |
| --- | --- |

—

having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (10),

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism and the Committee on Culture and Education, |
| --- | --- |

—

having regard to the opinions of the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism and the Committee on Culture and Education,

| — | having regard to the report of the Committee on Legal Affairs (A9-0176/2020), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0176/2020),

| A. | whereas the Union’s legal framework for intellectual property aims to promote innovation, creativity and access to knowledge and information; |
| --- | --- |

A.

whereas the Union’s legal framework for intellectual property aims to promote innovation, creativity and access to knowledge and information;

| B. | whereas Article 118 TFEU stipulates that the Union legislator must establish measures for the creation of European intellectual property rights (IPRs) to provide uniform protection of those rights throughout the Union; whereas the single market is conducive to the stronger economic growth needed to ensure the prosperity of Union citizens; |
| --- | --- |

B.

whereas Article 118 TFEU stipulates that the Union legislator must establish measures for the creation of European intellectual property rights (IPRs) to provide uniform protection of those rights throughout the Union; whereas the single market is conducive to the stronger economic growth needed to ensure the prosperity of Union citizens;

| C. | whereas recent developments in artificial intelligence (AI) and similar emerging technologies represent a significant technological advance that is generating opportunities and challenges for Union citizens, businesses, public administrations, creators and the defence sector; |
| --- | --- |

C.

whereas recent developments in artificial intelligence (AI) and similar emerging technologies represent a significant technological advance that is generating opportunities and challenges for Union citizens, businesses, public administrations, creators and the defence sector;

| D. | whereas AI technologies may render the traceability of IPRs and their application to AI-generated output difficult, thus preventing human creators whose original work is used to power such technologies from being fairly remunerated; |
| --- | --- |

D.

whereas AI technologies may render the traceability of IPRs and their application to AI-generated output difficult, thus preventing human creators whose original work is used to power such technologies from being fairly remunerated;

| E. | whereas the aim of making the Union the world leader in AI technologies must encompass efforts to regain and safeguard the Union’s digital and industrial sovereignty, ensure its competitiveness and promote and protect innovation, and must require a structural reform of the Union’s industrial policy to allow it to be at the forefront of AI technologies while respecting cultural diversity; whereas the Union's global leadership in AI calls for an effective intellectual property system which is fit for the digital age, enabling innovators to bring new products to the market; whereas strong safeguards are crucial to protect the Union’s patent system against abuse, which is detrimental to innovative AI developers; whereas a human-centred approach to AI that is compliant with ethical principles and human rights is needed if the technology is to remain a tool that serves people and the common good; |
| --- | --- |

E.

whereas the aim of making the Union the world leader in AI technologies must encompass efforts to regain and safeguard the Union’s digital and industrial sovereignty, ensure its competitiveness and promote and protect innovation, and must require a structural reform of the Union’s industrial policy to allow it to be at the forefront of AI technologies while respecting cultural diversity; whereas the Union's global leadership in AI calls for an effective intellectual property system which is fit for the digital age, enabling innovators to bring new products to the market; whereas strong safeguards are crucial to protect the Union’s patent system against abuse, which is detrimental to innovative AI developers; whereas a human-centred approach to AI that is compliant with ethical principles and human rights is needed if the technology is to remain a tool that serves people and the common good;

| F. | whereas the Union is the appropriate level at which to regulate AI technologies in order to avoid fragmentation of the single market and differing national provisions and guidelines; whereas a fully harmonised Union regulatory framework in the field of AI will have the potential to become a legislative benchmark at international level; whereas new common rules for AI systems should take the form of a regulation in order to establish equal standards across the Union and whereas legislation must be future-proofed to ensure it can keep pace with the fast development of this technology, and must be followed up on through thorough impact assessments; whereas legal certainty fosters technological development, and whereas public confidence in new technologies is essential for the development of this sector, as it strengthens the Union’s competitive advantage; whereas the regulatory framework governing AI should therefore inspire confidence in the safety and reliability of AI and strike a balance between public protection and business incentives for investment in innovation; |
| --- | --- |

F.

whereas the Union is the appropriate level at which to regulate AI technologies in order to avoid fragmentation of the single market and differing national provisions and guidelines; whereas a fully harmonised Union regulatory framework in the field of AI will have the potential to become a legislative benchmark at international level; whereas new common rules for AI systems should take the form of a regulation in order to establish equal standards across the Union and whereas legislation must be future-proofed to ensure it can keep pace with the fast development of this technology, and must be followed up on through thorough impact assessments; whereas legal certainty fosters technological development, and whereas public confidence in new technologies is essential for the development of this sector, as it strengthens the Union’s competitive advantage; whereas the regulatory framework governing AI should therefore inspire confidence in the safety and reliability of AI and strike a balance between public protection and business incentives for investment in innovation;

| G. | whereas AI and related technologies are based on computational models and algorithms, which are regarded as mathematical methods within the meaning of the European Patent Convention (EPC) and are therefore not patentable as such; whereas mathematical methods and computer programs may be protected by patents under Article 52(3) of the EPC when they are used as part of an AI system that contributes to producing a further technical effect; whereas the impact of such potential patent protection should be thoroughly assessed; |
| --- | --- |

G.

whereas AI and related technologies are based on computational models and algorithms, which are regarded as mathematical methods within the meaning of the European Patent Convention (EPC) and are therefore not patentable as such; whereas mathematical methods and computer programs may be protected by patents under Article 52(3) of the EPC when they are used as part of an AI system that contributes to producing a further technical effect; whereas the impact of such potential patent protection should be thoroughly assessed;

| H. | whereas AI and related technologies are based on the creation and execution of computer programs which, as such, are subject to a specific copyright protection regime, whereby only the expression of a computer program may be protected, and not the ideas, methods and principles which underlie any element of it; |
| --- | --- |

H.

whereas AI and related technologies are based on the creation and execution of computer programs which, as such, are subject to a specific copyright protection regime, whereby only the expression of a computer program may be protected, and not the ideas, methods and principles which underlie any element of it;

| I. | whereas an increasing number of AI-related patents are being granted; |
| --- | --- |

I.

whereas an increasing number of AI-related patents are being granted;

| J. | whereas the development of AI and related technologies raises questions about the protection of innovation itself and the application of IPRs to materials, content or data generated by AI and related technologies, which can be of an industrial or artistic nature and which create various commercial opportunities; whereas in this regard it is important to distinguish between AI-assisted human creations and creations autonomously generated by AI; |
| --- | --- |

J.

whereas the development of AI and related technologies raises questions about the protection of innovation itself and the application of IPRs to materials, content or data generated by AI and related technologies, which can be of an industrial or artistic nature and which create various commercial opportunities; whereas in this regard it is important to distinguish between AI-assisted human creations and creations autonomously generated by AI;

| K. | whereas AI and related technologies are heavily dependent on pre-existing content and large volumes of data; whereas increased transparent and open access to certain non-personal data and databases in the Union, especially for SMEs and start-ups, as well as interoperability of data, which limits lock-in effects, will play a crucial role in advancing the development of European AI and supporting the competitiveness of European companies at the global level; whereas the collection of personal data must respect fundamental rights and data protection rules and requires tailored governance, namely in terms of data management and the transparency of data used in developing and deploying AI technologies, and this throughout the entire lifecycle of an AI-enabled system; |
| --- | --- |

K.

whereas AI and related technologies are heavily dependent on pre-existing content and large volumes of data; whereas increased transparent and open access to certain non-personal data and databases in the Union, especially for SMEs and start-ups, as well as interoperability of data, which limits lock-in effects, will play a crucial role in advancing the development of European AI and supporting the competitiveness of European companies at the global level; whereas the collection of personal data must respect fundamental rights and data protection rules and requires tailored governance, namely in terms of data management and the transparency of data used in developing and deploying AI technologies, and this throughout the entire lifecycle of an AI-enabled system;

| 1. | Takes note of the Commission White Paper on ‘Artificial Intelligence — A European approach to excellence and trust’ and the European Data Strategy; stresses that the approaches outlined therein are likely to contribute to unlocking the potential of human-centred AI in the EU; notes, however, that the issue of the protection of IPRs in the context of the development of AI and related technologies has not been addressed by the Commission, despite the key importance of these rights; highlights the necessity of creating a single European data space and believes that the use thereof will play an important role in innovation and creativity in the Union economy, which should be incentivised; stresses that the Union should play an essential role in laying down basic principles on the development, deployment and use of AI, without hindering its advancement or impeding competition; |
| --- | --- |

1.

| 2. | Highlights the fact that the development of AI and related technologies in the transport and tourism sectors will bring innovation, research, the mobilisation of investment and considerable economic, societal, environmental, public and safety benefits, while making these sectors more attractive to new generations and creating new employment opportunities and more sustainable business models, but stresses that it should not cause harm or damage to people or society; |
| --- | --- |

2.

| 3. | Stresses the importance of creating an operational and fully harmonised regulatory framework in the field of AI technologies; suggests that such a framework should take the form of a regulation rather than a directive in order to avoid fragmentation of the European digital single market and promote innovation; |
| --- | --- |

3.

| 4. | Calls on the Commission to take into account the seven key requirements identified in the Guidelines of the High-Level Expert Group, as welcomed by it in its communication of 8 April 2019 (11), and properly implement them in all legislation dealing with AI; |
| --- | --- |

4.

| 5. | Stresses that the development, deployment and use of AI technologies and the growth of the global data economy make it necessary to address significant technical, social, economic, ethical and legal issues in a variety of policy areas, including IPRs and their impact on these policy areas; highlights that in order to unlock the potential of AI technologies, it is necessary to remove unnecessary legal barriers, so as not to hamper the growth of or innovation in the Union’s developing data economy; calls for an impact assessment to be conducted with regards to the protection of IPRs in the context of the development of AI technologies; |
| --- | --- |

5.

| 6. | Stresses the key importance of balanced IPR protection in relation to AI technologies, and of the multidimensional nature of such protection, and, at the same time, stresses the importance of ensuring a high level of protection of IPRs, of creating legal certainty and of building the trust needed to encourage investment in these technologies and ensure their long-term viability and use by consumers; considers that the Union has the potential to become the frontrunner in the creation of AI technologies by adopting an operational regulatory framework that is regularly assessed in the light of technological developments and by implementing proactive public policies, particularly as regards training programmes and financial support for research and public-private sector cooperation; reiterates the need to ensure sufficient leeway for the development of new technologies, products and services; emphasises that creating an environment conducive to creativity and innovation by encouraging the use of AI technologies by creators must not come at the expense of the interests of human creators, nor the Union’s ethical principles; |
| --- | --- |

6.

| 7. | Considers also that the Union must address the various aspects of AI by means of definitions that are technologically neutral and sufficiently flexible to encompass future technological developments as well as subsequent uses; considers it necessary to continue to reflect on interactions between AI and IPRs, from the perspective of both intellectual property offices and users; believes that the challenge of assessing AI applications creates a need for some transparency requirements and the development of new methods as, for instance, adaptive learning systems may recalibrate following each input, making certain ex ante disclosures ineffective; |
| --- | --- |

7.

| 8. | Stresses the importance of streaming services being transparent and responsible in their use of algorithms, so that access to cultural and creative content in various forms and different languages as well as impartial access to European works can be better guaranteed; |
| --- | --- |

8.

| 9. | Recommends that priority be given to assessment by sector and type of IPR implications of AI technologies; considers that such an approach should take into account, for example, the degree of human intervention, the autonomy of AI, the importance of the role and the origin of the data and copyright-protected material used and the possible involvement of other relevant factors; recalls that any approach must strike the right balance between the need to protect investments of both resources and effort and the need to incentivise creation and sharing; takes the view that more thorough research is necessary for the purposes of evaluating human input regarding AI algorithmic data; believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers that all companies should benefit from equally efficient and effective IPR protection; therefore calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs in protecting their products; |
| --- | --- |

9.

| 10. | Suggests that this assessment focus on the impact and implications of AI and related technologies under the current system of patent law, trademark and design protection, copyright and related rights, including the applicability of the legal protection of databases and computer programs, and the protection of undisclosed know-how and business information (‘trade secrets’) against their unlawful acquisition, use and disclosure; acknowledges the potential of AI technologies to improve the enforcement of IPRs, notwithstanding the need for human verification and review, especially where legal consequences are concerned; emphasises, further, the need to assess whether contract law ought to be updated in order to best protect consumers and whether competition rules need to be adapted in order to address market failures and abuses in the digital economy, the need to create a more comprehensive legal framework for the economic sectors in which AI plays a part, thus enabling European companies and relevant stakeholders to scale up, and the need to create legal certainty; stresses that the protection of intellectual property must always be reconciled with other fundamental rights and freedoms; |
| --- | --- |

10.

| 11. | Points out that mathematical methods as such are excluded from patentability unless they are used for a technical purpose in the context of technical inventions, which are themselves patentable only if the applicable criteria relating to inventions are met; points out, further, that if an invention relates either to a method involving technical means or to a technical device, its purpose, considered as a whole, is in fact technical in nature and is therefore not excluded from patentability; underlines, in this regard, the role of the patent protection framework in incentivising AI inventions and promoting their dissemination, as well as the need to create opportunities for European companies and start-ups to foster the development and uptake of AI in Europe; points out that standard essential patents play a key role in the development and dissemination of new AI and related technologies and in ensuring interoperability; calls on the Commission to support the establishment of industry standards and encourage formal standardisation; |
| --- | --- |

11.

| 12. | Notes that patent protection can be granted provided that the invention is new and not self-evident and involves an inventive step; notes, further, that patent law requires a comprehensive description of the underlying technology, which may pose challenges for certain AI technologies in view of the complexity of the reasoning; stresses also the legal challenges of reverse engineering, which is an exception to the copyright protection of computer programs and the protection of trade secrets, which are in turn of crucial importance for innovation and research and which should be duly taken into account in the context of the development of AI technologies; calls on the Commission to assess possibilities for products to be adequately tested, for example in a modular way, without creating risks for IPR holders or trade secrets due to extensive disclosure of easily replicated products; stresses that AI technologies should be openly available for educational and research purposes, such as more effective learning methods; |
| --- | --- |

12.

| 13. | Notes that the autonomisation of the creative process of generating content of an artistic nature can raise issues relating to the ownership of IPRs covering that content; considers, in this connection, that it would not be appropriate to seek to impart legal personality to AI technologies and points out the negative impact of such a possibility on incentives for human creators; |
| --- | --- |

13.

| 14. | Points out the difference between AI-assisted human creations and AI-generated creations, with the latter creating new regulatory challenges for IPR protection, such as questions of ownership, inventorship and appropriate remuneration, as well as issues related to potential market concentration; further considers that IPRs for the development of AI technologies should be distinguished from IPRs potentially granted for creations generated by AI; stresses that where AI is used only as a tool to assist an author in the process of creation, the current IP framework remains applicable; |
| --- | --- |

14.

| 15. | Takes the view that technical creations generated by AI technology must be protected under the IPR legal framework in order to encourage investment in this form of creation and improve legal certainty for citizens, businesses and, since they are among the main users of AI technologies for the time being, inventors; considers that works autonomously produced by artificial agents and robots might not be eligible for copyright protection, in order to observe the principle of originality, which is linked to a natural person, and since the concept of ‘intellectual creation’ addresses the author’s personality; calls on the Commission to support a horizontal, evidence-based and technologically neutral approach to common, uniform copyright provisions applicable to AI-generated works in the Union, if it is considered that such works could be eligible for copyright protection; recommends that ownership of rights, if any, should only be assigned to natural or legal persons that created the work lawfully and only if authorisation has been granted by the copyright holder if copyright-protected material is being used, unless copyright exceptions or limitations apply; stresses the importance of facilitating access to data and data sharing, open standards and open source technology, while encouraging investment and boosting innovation; |
| --- | --- |

15.

| 16. | Notes that AI makes it possible to process a large quantity of data relating to the state of the art or the existence of IPRs; notes, at the same time, that AI or related technologies used for the registration procedure to grant IPRs and for the determination of liability for infringements of IPRs cannot be a substitute for human review carried out on a case-by-case basis, in order to ensure the quality and fairness of decisions; notes that AI is progressively gaining the ability to perform tasks typically carried out by humans and stresses, therefore, the need to establish adequate safeguards, including design systems with human-in-the-loop control and review processes, transparency, accountability and verification of AI decision-making; |
| --- | --- |

16.

| 17. | Notes, with regard to the use of non-personal data by AI technologies, that the lawful use of copyrighted works and other subject matter and associated data, including pre-existing content, high-quality datasets and metadata, needs to be assessed in the light of the existing rules on limitations and exceptions to copyright protection, such as the text and data mining exception, as provided for by the Directive on copyright and related rights in the Digital Single Market; calls for further clarification as regards the protection of data under copyright law and potential trademark and industrial design protection for works generated autonomously through AI applications; considers that voluntary non-personal data sharing between businesses and sectors should be promoted and based on fair contractual agreements, including licencing agreements; highlights the IPR issues arising from the creation of deep fakes on the basis of misleading, manipulated or simply low-quality data, irrespective of such deep fakes containing data which may be subject to copyright; is worried about the possibility of mass manipulation of citizens being used to destabilise democracies and calls for increased awareness-raising and media literacy as well as for urgently needed AI technologies to be made available to verify facts and information; considers that non-personal auditable records of data used throughout the life cycles of AI-enabled technologies in compliance with data protection rules could facilitate the tracing of the use of copyright-protected works and thereby better protect right-holders and contribute to the protection of privacy; stresses that AI technologies could be useful in the context of IPR enforcement, but would require human review and a guarantee that any AI-driven decision-making systems are fully transparent; stresses that any future AI regime may not circumvent possible requirements for open source technology in public tenders or prevent the interconnectivity of digital services; notes that AI systems are software-based and rely on statistical models, which may include errors; stresses that AI-generated output must not be discriminatory and that one of the most efficient ways of reducing bias in AI systems is to ensure — to the extent possible under Union law — that the maximum amount of non-personal data is available for training purposes and machine learning; calls on the Commission to reflect on the use of public domain data for such purposes; |
| --- | --- |

17.

| 18. | Stresses the importance of full implementation of the Digital Single Market Strategy in order to improve the accessibility and interoperability of non-personal data in the EU; stresses that the European Data Strategy must ensure a balance between promoting the flow of, wider access to and the use and sharing of data on the one hand, and the protection of IPRs and trade secrets on the other, while respecting data protection and privacy rules; highlights the need to assess in that connection whether Union rules on intellectual property are an adequate tool to protect data, including sectoral data needed for the development of AI, recalling that structured data, such as databases, when enjoying IP protection, may not usually be considered to be data; considers that comprehensive information should be provided on the use of data protected by IPRs, in particular in the context of platform-to-business relationships; welcomes the Commission’s intention to create a single European data space; |
| --- | --- |

18.

| 19. | Notes that the Commission is considering the desirability of legislation on issues that have an impact on relationships between economic operators whose purpose is to make use of non-personal data and welcomes a possible revision of the Database Directive and a possible clarification of the application of the directive on the protection of trade secrets as a generic framework; looks forward to the results of the public consultation procedure launched by the Commission on the European Data Strategy; |
| --- | --- |

19.

| 20. | Stresses the need for the Commission to aim to provide balanced and innovation-driven protection of intellectual property, for the benefit of European AI developers, to strengthen the international competitiveness of European companies, including against possible abusive litigation tactics, and to ensure maximum legal certainty for users, notably in international negotiations, in particular as regards the ongoing discussions on AI and data revolution under the auspices of WIPO; welcomes the Commission’s recent submissions of the Union’s views to the WIPO public consultation on the WIPO draft Issues Paper on Intellectual Property Policy and Artificial Intelligence; recalls in this regard the Union’s ethical duty to support development around the world by facilitating cross-border cooperation on AI, including through limitations and exceptions for cross-border research and text and data mining, as provided for by the Directive on copyright and related rights in the Digital Single Market; |
| --- | --- |

20.

| 21. | Is fully aware that progress in AI will have to be paired with public investment in infrastructure, training in digital skills and major improvements in connectivity and interoperability in order to come to full fruition; highlights, therefore, the importance of secure and sustainable 5G networks for the full deployment of AI technologies but, more importantly, of necessary work on the level of infrastructure and security thereof throughout the Union; takes note of the intensive patenting activity taking place in the transport sector when it comes to AI; expresses its concern that this may result in massive litigation that will be detrimental to the industry as a whole and may also affect traffic safety if we do not legislate on the development of AI-related technologies at Union level without further delay; |
| --- | --- |

21.

| 22. | Endorses the Commission’s willingness to invite the key players from the manufacturing sector — transport manufacturers, AI and connectivity innovators, service providers from the tourism sector and other players in the automotive value chain — to agree on the conditions under which they would be ready to share their data; |
| --- | --- |

22.

| 23. | Instructs its President to forward this resolution to the Council and the Commission as well as to the parliaments and the governments of the Member States. |
| --- | --- |

23.

---

(1)  OJ L 123, 12.5.2016, p. 1.

(2)  OJ L 130, 17.5.2019, p. 92.

(3)  OJ L 77, 27.3.1996, p. 20.

(4)  OJ L 111, 5.5.2009, p. 16.

(5)  OJ L 157, 15.6.2016, p. 1.

(6)  OJ L 172, 26.6.2019, p. 56.

(7)  OJ L 119, 4.5.2016, p. 1.

(8)  OJ L 303, 28.11.2018, p. 59.

(9)  OJ L 186, 11.7.2019, p. 57.

(10)  OJ C 252, 18.7.2018, p. 239.

(11)  ‘Building trust in human-centric artificial intelligence’ (COM(2019)0168).

---

| 6.10.2021 | EN | Official Journal of the European Union | C 404/136 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/136

---

P9_TA(2020)0279

Report on the implementation of the EU Association Agreement with the Republic of Moldova

European Parliament resolution of 20 October 2020 on the implementation of the EU Association Agreement with the Republic of Moldova (2019/2201(INI))

(2021/C 404/07)

The European Parliament,

| — | having regard to Article 8 and to Title V, notably Articles 21, 22, 36 and 37, of the Treaty on European Union (TEU), as well as to Part Five of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Article 8 and to Title V, notably Articles 21, 22, 36 and 37, of the Treaty on European Union (TEU), as well as to Part Five of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (AA), which includes a Deep and Comprehensive Free Trade Area (DCFTA) and fully entered into force on 1 July 2016, |
| --- | --- |

—

having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (AA), which includes a Deep and Comprehensive Free Trade Area (DCFTA) and fully entered into force on 1 July 2016,

| — | having regard to the establishment of a visa-free regime for citizens of the Republic of Moldova in March 2014, as a result of the amendments to Council Regulation (EC) No 539/2001 (1) made by the European Parliament and the Council, |
| --- | --- |

—

having regard to the establishment of a visa-free regime for citizens of the Republic of Moldova in March 2014, as a result of the amendments to Council Regulation (EC) No 539/2001 (1) made by the European Parliament and the Council,

| — | having regard to the signature in November 2017 of a Memorandum of Understanding, a Loan Facility Agreement and a Grant Agreement on micro-financial assistance worth EUR 100 million for the period 2017-2018, |
| --- | --- |

—

having regard to the signature in November 2017 of a Memorandum of Understanding, a Loan Facility Agreement and a Grant Agreement on micro-financial assistance worth EUR 100 million for the period 2017-2018,

| — | having regard to the Moldovan National Action Plan on the Implementation of the Republic of Moldova-European Union Association Agreement (NAPIAA) for 2017-2019, |
| --- | --- |

—

having regard to the Moldovan National Action Plan on the Implementation of the Republic of Moldova-European Union Association Agreement (NAPIAA) for 2017-2019,

| — | having regard to its previous resolutions relating to the Republic of Moldova, in particular the previous resolution on the Implementation of the EU-Moldova Association Agreement of 14 November 2018 (2), its resolution of 5 July 2018 on the political crisis in Moldova following the invalidation of the mayoral elections in Chișinău (3), of 15 November 2017 on the Eastern Partnership in the run-up to the November 2017 Summit (4), of 4 July 2017 on providing macro-financial assistance to the Republic of Moldova (5), and of 21 January 2016 on Association Agreements / Deep and Comprehensive Free Trade Areas with Georgia, Moldova and Ukraine (6), |
| --- | --- |

—

having regard to its previous resolutions relating to the Republic of Moldova, in particular the previous resolution on the Implementation of the EU-Moldova Association Agreement of 14 November 2018 (2), its resolution of 5 July 2018 on the political crisis in Moldova following the invalidation of the mayoral elections in Chișinău (3), of 15 November 2017 on the Eastern Partnership in the run-up to the November 2017 Summit (4), of 4 July 2017 on providing macro-financial assistance to the Republic of Moldova (5), and of 21 January 2016 on Association Agreements / Deep and Comprehensive Free Trade Areas with Georgia, Moldova and Ukraine (6),

| — | having regard to the EU’s decision of July 2018 to freeze the disbursement of the first instalment of macro-financial assistance, following the Supreme Court ruling on the Chișinău mayoral election, and its decision of November 2018 to cut its financial assistance, following concerns about the rule of law and the democratic backsliding of the country, |
| --- | --- |

—

having regard to the EU’s decision of July 2018 to freeze the disbursement of the first instalment of macro-financial assistance, following the Supreme Court ruling on the Chișinău mayoral election, and its decision of November 2018 to cut its financial assistance, following concerns about the rule of law and the democratic backsliding of the country,

| — | having regard to the subsequent EU decision of July 2019 to resume budget support disbursements in light of the Republic of Moldova’s commitment to reform the justice system, |
| --- | --- |

—

having regard to the subsequent EU decision of July 2019 to resume budget support disbursements in light of the Republic of Moldova’s commitment to reform the justice system,

| — | having regard to the EU decision of October 2019 to disburse a first instalment of macro-financial assistance worth EUR 30 million, as a result of the implementation of key reforms to improve democratic standards and protect the rule of law, |
| --- | --- |

—

having regard to the EU decision of October 2019 to disburse a first instalment of macro-financial assistance worth EUR 30 million, as a result of the implementation of key reforms to improve democratic standards and protect the rule of law,

| — | having regard to the Commission and European External Action Service (EEAS) joint staff working document on the Association Implementation Report on the Republic of Moldova of 11 September 2019, |
| --- | --- |

—

having regard to the Commission and European External Action Service (EEAS) joint staff working document on the Association Implementation Report on the Republic of Moldova of 11 September 2019,

| — | having regard to the outcome of the fifth Association Council meeting between the EU and the Republic of Moldova of 30 September 2019, |
| --- | --- |

—

having regard to the outcome of the fifth Association Council meeting between the EU and the Republic of Moldova of 30 September 2019,

| — | having regard to the Joint Declarations of the Eastern Partnership Summits, most recently that of 24 November 2017 in Brussels, |
| --- | --- |

—

having regard to the Joint Declarations of the Eastern Partnership Summits, most recently that of 24 November 2017 in Brussels,

| — | having regard to the conclusions of the Foreign Affairs Council on the Republic of Moldova of 26 February 2018, |
| --- | --- |

—

having regard to the conclusions of the Foreign Affairs Council on the Republic of Moldova of 26 February 2018,

| — | having regard to Resolution 2308 of the Parliamentary Assembly of the Council of Europe (PACE) of 3 October 2019 on ‘The functioning of democratic institutions in the Republic of Moldova’, |
| --- | --- |

—

having regard to Resolution 2308 of the Parliamentary Assembly of the Council of Europe (PACE) of 3 October 2019 on ‘The functioning of democratic institutions in the Republic of Moldova’,

| — | having regard to the 2019 Transparency International corruption perception list that awards the Republic of Moldova the 120th place out of 180 countries and territories assessed (first place being the best), while on the 2018 Transparency International corruption perception list the Republic of Moldova held the 117th place, |
| --- | --- |

—

having regard to the 2019 Transparency International corruption perception list that awards the Republic of Moldova the 120th place out of 180 countries and territories assessed (first place being the best), while on the 2018 Transparency International corruption perception list the Republic of Moldova held the 117th place,

| — | having regard to the Democracy Index 2019 of The Economist Intelligence Unit, which classifies the Republic of Moldova as a ‘Hybrid Regime’, |
| --- | --- |

—

having regard to the Democracy Index 2019 of The Economist Intelligence Unit, which classifies the Republic of Moldova as a ‘Hybrid Regime’,

| — | having regard to Freedom House’s 2020 ‘Freedom in the World’ report, which gives the Republic of Moldova a ‘partly free’ assessment, and its 2020 ‘Nations in Transit’ report, which assesses the Republic of Moldova as a ‘Transitional or Hybrid Regime’, |
| --- | --- |

—

having regard to Freedom House’s 2020 ‘Freedom in the World’ report, which gives the Republic of Moldova a ‘partly free’ assessment, and its 2020 ‘Nations in Transit’ report, which assesses the Republic of Moldova as a ‘Transitional or Hybrid Regime’,

| — | having regard to the Moldovan National Action Plan on the Implementation of the EU-Moldova Association Agreement, the National Action Plan on Human Rights 2018-2022, the National Strategy on Preventing and Combating Violence against Women and Domestic Violence 2018-2023, which mentions explicitly the ratification of the Istanbul Convention, |
| --- | --- |

—

having regard to the Moldovan National Action Plan on the Implementation of the EU-Moldova Association Agreement, the National Action Plan on Human Rights 2018-2022, the National Strategy on Preventing and Combating Violence against Women and Domestic Violence 2018-2023, which mentions explicitly the ratification of the Istanbul Convention,

| — | having regard to the analyses and recommendations issued by the Organisation for Economic Co-operation and Development (OECD), in particular of 8 March 2018 on Young Moldova: Problems, Values and Aspirations; and of 20 April 2018 on Youth Well-being Policy Review of Moldova, |
| --- | --- |

—

having regard to the analyses and recommendations issued by the Organisation for Economic Co-operation and Development (OECD), in particular of 8 March 2018 on Young Moldova: Problems, Values and Aspirations; and of 20 April 2018 on Youth Well-being Policy Review of Moldova,

| — | having regard to the opinions and recommendations of the Organisation for Security and Cooperation in Europe Office for Democratic Institutions and Human Rights (ODIHR) and of the Council of Europe’s Venice Commission, in particular of 15 March 2018 on electoral reform in Moldova, of 24 June 2019 on the constitutional situation with particular reference to the possibility of dissolving parliament, and of 14 October 2019 on the draft law on the reform of the Supreme Court of Justice and the Prosecutor’s Office, |
| --- | --- |

—

having regard to the opinions and recommendations of the Organisation for Security and Cooperation in Europe Office for Democratic Institutions and Human Rights (ODIHR) and of the Council of Europe’s Venice Commission, in particular of 15 March 2018 on electoral reform in Moldova, of 24 June 2019 on the constitutional situation with particular reference to the possibility of dissolving parliament, and of 14 October 2019 on the draft law on the reform of the Supreme Court of Justice and the Prosecutor’s Office,

| — | having regard to the Commission’s Joint Communication on the ‘Eastern Partnership policy beyond 2020 — Reinforcing Resilience, an Eastern Partnership that delivers for all’ of 18 March 2020, |
| --- | --- |

—

having regard to the Commission’s Joint Communication on the ‘Eastern Partnership policy beyond 2020 — Reinforcing Resilience, an Eastern Partnership that delivers for all’ of 18 March 2020,

| — | having regard to the Council Conclusions of 11 May 2020 on the Eastern Partnership policy beyond 2020, |
| --- | --- |

—

having regard to the Council Conclusions of 11 May 2020 on the Eastern Partnership policy beyond 2020,

| — | having regard to the Joint Communication of the Commission and the High Representative of the Union for foreign affairs and security policy to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 8 April 2020 on the Global EU response to COVID-19 and the Decision (EU) 2020/701 of the European Parliament and of the Council of 25 May 2020 on providing macro-financial assistance to enlargement and neighbourhood partners in the context of the COVID-19 pandemic (7), |
| --- | --- |

—

having regard to the Joint Communication of the Commission and the High Representative of the Union for foreign affairs and security policy to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 8 April 2020 on the Global EU response to COVID-19 and the Decision (EU) 2020/701 of the European Parliament and of the Council of 25 May 2020 on providing macro-financial assistance to enlargement and neighbourhood partners in the context of the COVID-19 pandemic (7),

| — | having regard to the Commission’s Report to the European Parliament and the Council, Third report under the visa suspension mechanism, and the accompanying Staff Working Document, published on 10 July 2020, |
| --- | --- |

—

having regard to the Commission’s Report to the European Parliament and the Council, Third report under the visa suspension mechanism, and the accompanying Staff Working Document, published on 10 July 2020,

| — | having regard to the European Parliament’s recommendation to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Eastern Partnership, in the run-up to the June 2020 Summit, |
| --- | --- |

—

having regard to the European Parliament’s recommendation to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Eastern Partnership, in the run-up to the June 2020 Summit,

| — | having regard to the recommendations and activities of the EU-Moldova Parliamentary Association Committee, Euronest Parliamentary Assembly, the Eastern Partnership Civil Society Forum, EU-Moldova Civil Society Platform and of other representatives of civil society in the Republic of Moldova, |
| --- | --- |

—

having regard to the recommendations and activities of the EU-Moldova Parliamentary Association Committee, Euronest Parliamentary Assembly, the Eastern Partnership Civil Society Forum, EU-Moldova Civil Society Platform and of other representatives of civil society in the Republic of Moldova,

| — | having regard to the Statement and Recommendations adopted on the occasion of the 7th Meeting of the EU-Moldova Parliamentary Association Committee, held in Strasbourg on 18-19 December 2019, |
| --- | --- |

—

having regard to the Statement and Recommendations adopted on the occasion of the 7th Meeting of the EU-Moldova Parliamentary Association Committee, held in Strasbourg on 18-19 December 2019,

| — | having regard to the conclusions of the European Parliament election observation mission to the Republic of Moldova parliamentary elections of 24 February 2019 integrated in the international election observation mission led by the OSCE/ODIHR, |
| --- | --- |

—

having regard to the conclusions of the European Parliament election observation mission to the Republic of Moldova parliamentary elections of 24 February 2019 integrated in the international election observation mission led by the OSCE/ODIHR,

| — | having regard to the Commission economic aid package adopted on 29 March 2020 to help the Republic of Moldova, among other countries, in its fight against the COVID-19 pandemic, which included the redirection of existing instruments to mitigate the socioeconomic impact of the crisis; |
| --- | --- |

—

having regard to the Commission economic aid package adopted on 29 March 2020 to help the Republic of Moldova, among other countries, in its fight against the COVID-19 pandemic, which included the redirection of existing instruments to mitigate the socioeconomic impact of the crisis;

| — | having regard to Rule 54 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the opinion of the Committee on International Trade, |
| --- | --- |

—

having regard to the opinion of the Committee on International Trade,

| — | having regard to the report of the Committee on Foreign Affairs (A9-0166/2020), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A9-0166/2020),

| A. | whereas through the AA/DCFTA the EU and the Republic of Moldova committed to promote political association and achieve economic integration, and the Republic of Moldova committed to incorporating the EU acquis into its own laws and practices in a large number of areas; whereas, in order to support these efforts, the Union committed to provide substantial financial and budgetary assistance to the Republic of Moldova, under the condition that core European values and principles, such as rule of law, human and democratic rights are respected and that the fights against corruption, organized crime, money laundering, oligarchic structures and nepotism are guaranteed; whereas in serious cases of backsliding cooperation can be reversed; |
| --- | --- |

A.

whereas through the AA/DCFTA the EU and the Republic of Moldova committed to promote political association and achieve economic integration, and the Republic of Moldova committed to incorporating the EU acquis into its own laws and practices in a large number of areas; whereas, in order to support these efforts, the Union committed to provide substantial financial and budgetary assistance to the Republic of Moldova, under the condition that core European values and principles, such as rule of law, human and democratic rights are respected and that the fights against corruption, organized crime, money laundering, oligarchic structures and nepotism are guaranteed; whereas in serious cases of backsliding cooperation can be reversed;

| B. | whereas on 13 September 2017 Parliament and the Council adopted a decision to provide macro-financial assistance to the Republic of Moldova worth EUR 100 million in the context of the IMF programme to support the country’s economic and financial reforms; |
| --- | --- |

B.

whereas on 13 September 2017 Parliament and the Council adopted a decision to provide macro-financial assistance to the Republic of Moldova worth EUR 100 million in the context of the IMF programme to support the country’s economic and financial reforms;

| C. | whereas the EU repeatedly expressed concerns about the rule of law, the lack of progress in the prosecution of those responsible for the bank fraud exposed in 2014, and continued breaches of human rights; |
| --- | --- |

C.

whereas the EU repeatedly expressed concerns about the rule of law, the lack of progress in the prosecution of those responsible for the bank fraud exposed in 2014, and continued breaches of human rights;

| D. | whereas the 2018 Transparency International corruption perception list and Freedom House’s 2020 reports show slight progress in the Republic of Moldova in the most recent past, while the overall trend in those indexes, as well as the Democracy Index, demonstrates a deteriorating long-term trend in the state of democracy, corruption, political rights and civil liberties in the Republic of Moldova; |
| --- | --- |

D.

whereas the 2018 Transparency International corruption perception list and Freedom House’s 2020 reports show slight progress in the Republic of Moldova in the most recent past, while the overall trend in those indexes, as well as the Democracy Index, demonstrates a deteriorating long-term trend in the state of democracy, corruption, political rights and civil liberties in the Republic of Moldova;

| E. | whereas, despite changes in government, the Republic of Moldova’s State institutions remain weak and the Republic of Moldova continues to struggle with the problem of State capture, as the concentration of power and control over all important sectors and institutions at the highest level of government has not significantly decreased; |
| --- | --- |

E.

whereas, despite changes in government, the Republic of Moldova’s State institutions remain weak and the Republic of Moldova continues to struggle with the problem of State capture, as the concentration of power and control over all important sectors and institutions at the highest level of government has not significantly decreased;

| F. | whereas, due to serious violations to the rule of law and to the democratic process, the EU suspended in 2018 the disbursement of the last two instalments under the budget support programme for justice sector reforms; |
| --- | --- |

F.

whereas, due to serious violations to the rule of law and to the democratic process, the EU suspended in 2018 the disbursement of the last two instalments under the budget support programme for justice sector reforms;

| G. | whereas on 11 June 2019 the European Court of Human Rights (in the case of Ozdil and Others v. the Republic of Moldova) found that the Republic of Moldova had violated the rights to liberty, security, privacy and family life when in September 2018 its Intelligence and Security Service (SIS) detained and forcibly returned to Turkey five Turkish citizens who had been seeking asylum; whereas this disguised extradition is just one example of a systematic pattern of enforced and involuntary disappearance, illegal detention and deportation to Turkey of Turkish nationals in dozens of countries around the world; |
| --- | --- |

G.

whereas on 11 June 2019 the European Court of Human Rights (in the case of Ozdil and Others v. the Republic of Moldova) found that the Republic of Moldova had violated the rights to liberty, security, privacy and family life when in September 2018 its Intelligence and Security Service (SIS) detained and forcibly returned to Turkey five Turkish citizens who had been seeking asylum; whereas this disguised extradition is just one example of a systematic pattern of enforced and involuntary disappearance, illegal detention and deportation to Turkey of Turkish nationals in dozens of countries around the world;

| H. | whereas, following the formation in June 2019 of a government committed to carrying out ambitious reforms with a programme focused on reform of the judiciary, the Commission disbursed the first instalment of Macro-Financial Assistance and resumed disbursements for sector budget support programmes, while declaring that it would continue to apply strict conditionality; whereas on 10 July 2020, the Commission approved the disbursement of a second and final instalment of 30 million euros from its Macro-Financial Assistance (MFA) programme; |
| --- | --- |

H.

whereas, following the formation in June 2019 of a government committed to carrying out ambitious reforms with a programme focused on reform of the judiciary, the Commission disbursed the first instalment of Macro-Financial Assistance and resumed disbursements for sector budget support programmes, while declaring that it would continue to apply strict conditionality; whereas on 10 July 2020, the Commission approved the disbursement of a second and final instalment of 30 million euros from its Macro-Financial Assistance (MFA) programme;

| I. | whereas, however, the Republic of Moldova has not been able to access the rest of funds available under this programme, which expired in July 2020; whereas this assistance remains conditional upon implementing previously agreed reforms, in particular those aimed at strengthening the rule of law, democratic standards and bringing tangible results to the citizens; |
| --- | --- |

I.

whereas, however, the Republic of Moldova has not been able to access the rest of funds available under this programme, which expired in July 2020; whereas this assistance remains conditional upon implementing previously agreed reforms, in particular those aimed at strengthening the rule of law, democratic standards and bringing tangible results to the citizens;

| J. | whereas in November 2019 the Moldovan parliament adopted a motion of no confidence in the government formed in June 2019 and a minority government and subsequently a new coalition government have been formed; whereas representatives of the Union institutions have expressed concern at the way in which the old government has been replaced and with regard to the reform process undertaken by the Republic of Moldova through the AA/DCFTA; |
| --- | --- |

J.

whereas in November 2019 the Moldovan parliament adopted a motion of no confidence in the government formed in June 2019 and a minority government and subsequently a new coalition government have been formed; whereas representatives of the Union institutions have expressed concern at the way in which the old government has been replaced and with regard to the reform process undertaken by the Republic of Moldova through the AA/DCFTA;

| K. | whereas the new coalition government’s majority in the Parliament of the Republic of Moldova has been constantly shrinking as deputies defected from the ruling alliance; whereas the Republic of Moldova will hold Presidential elections in the fall and is currently facing a period of acute political instability; whereas President Igor Dodon has underlined that the Parliament must be dissolved and early elections must be held as soon as possible; whereas on the 7 July 2020, the Constitutional Court of the Republic of Moldova has ruled that early elections could be held only after the Presidential elections; |
| --- | --- |

K.

whereas the new coalition government’s majority in the Parliament of the Republic of Moldova has been constantly shrinking as deputies defected from the ruling alliance; whereas the Republic of Moldova will hold Presidential elections in the fall and is currently facing a period of acute political instability; whereas President Igor Dodon has underlined that the Parliament must be dissolved and early elections must be held as soon as possible; whereas on the 7 July 2020, the Constitutional Court of the Republic of Moldova has ruled that early elections could be held only after the Presidential elections;

| L. | whereas on 17 April 2020, the Russian and Moldovan governments signed an agreement for a loan of EUR 200 million to be provided by the Russian Federation to the Republic of Moldova with a preferential 2 % interest rate, which was negotiated by the presidents of both countries; whereas this agreement has been ratified on 23 April 2020 and, on the same day, following an appeal introduced by members of the parliamentary opposition, the Constitutional Court (CC) of the Republic of Moldova suspended the ratification law of the loan agreement until it would complete the examination of its compatibility with the Constitution; whereas on 6 May 2020, the President of the CC reported pressure from the Moldovan authorities on the CC, as well as attempts to discredit its judges; whereas on 7 May 2020, the CC declared the loan agreement unconstitutional; whereas a new loan agreement with the Russian Federation is currently under negotiations; |
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L.

whereas on 17 April 2020, the Russian and Moldovan governments signed an agreement for a loan of EUR 200 million to be provided by the Russian Federation to the Republic of Moldova with a preferential 2 % interest rate, which was negotiated by the presidents of both countries; whereas this agreement has been ratified on 23 April 2020 and, on the same day, following an appeal introduced by members of the parliamentary opposition, the Constitutional Court (CC) of the Republic of Moldova suspended the ratification law of the loan agreement until it would complete the examination of its compatibility with the Constitution; whereas on 6 May 2020, the President of the CC reported pressure from the Moldovan authorities on the CC, as well as attempts to discredit its judges; whereas on 7 May 2020, the CC declared the loan agreement unconstitutional; whereas a new loan agreement with the Russian Federation is currently under negotiations;

| M. | whereas the COVID-19 pandemic has proved the rising need for coordination in tackling common threats between the Union and neighbouring countries; whereas the Union has responded to that need with, among other tools, the provision of a financial help package to its neighbours; |
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M.

whereas the COVID-19 pandemic has proved the rising need for coordination in tackling common threats between the Union and neighbouring countries; whereas the Union has responded to that need with, among other tools, the provision of a financial help package to its neighbours;

| N. | whereas, during the COVID-19 crisis, solidarity with the Eastern Partnership countries is of paramount importance and the Union provided substantial support to address the impact of the outbreak in the region; whereas, in this context, the Republic of Moldova will benefit from EUR 87 million in redirected bilateral funding; |
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N.

whereas, during the COVID-19 crisis, solidarity with the Eastern Partnership countries is of paramount importance and the Union provided substantial support to address the impact of the outbreak in the region; whereas, in this context, the Republic of Moldova will benefit from EUR 87 million in redirected bilateral funding;

| O. | whereas the Union is also making further MFA loans of EUR 100 million available to the Republic of Moldova, as part of the decision to provide MFA to ten partner countries in the neighbourhood in order to help them limit the economic fallout from the coronavirus pandemic; whereas the first instalment of the exceptional MFA package will be disbursed as swiftly as possible, given that the Memorandum of Understanding (MoU) with the Republic of Moldova has been ratified; whereas in order to receive the second instalment, to be disbursed within one year from the signing of the MoU, the country will have to respect certain conditionalities; whereas an important precondition for the granting of this MFA is that the country respects effective democratic mechanisms, including a multi-party parliamentary system, the rule of law and guarantees respect for human rights; whereas the conclusion of the MoU should be welcome, the implementation of the undertaken commitments should be guaranteed; |
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O.

whereas the Union is also making further MFA loans of EUR 100 million available to the Republic of Moldova, as part of the decision to provide MFA to ten partner countries in the neighbourhood in order to help them limit the economic fallout from the coronavirus pandemic; whereas the first instalment of the exceptional MFA package will be disbursed as swiftly as possible, given that the Memorandum of Understanding (MoU) with the Republic of Moldova has been ratified; whereas in order to receive the second instalment, to be disbursed within one year from the signing of the MoU, the country will have to respect certain conditionalities; whereas an important precondition for the granting of this MFA is that the country respects effective democratic mechanisms, including a multi-party parliamentary system, the rule of law and guarantees respect for human rights; whereas the conclusion of the MoU should be welcome, the implementation of the undertaken commitments should be guaranteed;

| P. | whereas the Republic of Moldova has made international and national commitments to promote gender equality and the empowerment of women; whereas the country has adopted measures to promote the political representation of women, including through adoption of a mandatory 40 % gender quota for the political parties’ electoral lists; whereas further efforts are needed in order to advance the objectives of the 2017-2021 National Gender Equality Strategy, including appropriate funding and stronger implementation mechanisms; |
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P.

whereas the Republic of Moldova has made international and national commitments to promote gender equality and the empowerment of women; whereas the country has adopted measures to promote the political representation of women, including through adoption of a mandatory 40 % gender quota for the political parties’ electoral lists; whereas further efforts are needed in order to advance the objectives of the 2017-2021 National Gender Equality Strategy, including appropriate funding and stronger implementation mechanisms;

| Q. | whereas, despite all economic progress, the social impact of the financial assistance and the reform efforts has been rather marginal; whereas the Republic of Moldova remains one of the poorest countries in Europe facing a detrimental social situation with deserted villages and extreme poverty; whereas in 2018 38,5 % of the workers in the Republic of Moldova were informally employed having no access to any form of social protection; |
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Q.

whereas, despite all economic progress, the social impact of the financial assistance and the reform efforts has been rather marginal; whereas the Republic of Moldova remains one of the poorest countries in Europe facing a detrimental social situation with deserted villages and extreme poverty; whereas in 2018 38,5 % of the workers in the Republic of Moldova were informally employed having no access to any form of social protection;

| R. | whereas, since 1989, the population of the Republic of Moldova has shrunk by almost a third; whereas in terms of demographics, these are the worst figures in the whole of Europe; whereas Moldovans leave for higher pay and better education and facilities; whereas such a development has deep and long-lasting political, economic and social consequences; whereas the Republic of Moldova is confronted with labour shortages and a lack of professionals such as nurses and doctors; whereas the elderly, a large proportion of whom rely on remittances, are the Republic of Moldova’s most vulnerable and prone to poverty; |
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R.

whereas, since 1989, the population of the Republic of Moldova has shrunk by almost a third; whereas in terms of demographics, these are the worst figures in the whole of Europe; whereas Moldovans leave for higher pay and better education and facilities; whereas such a development has deep and long-lasting political, economic and social consequences; whereas the Republic of Moldova is confronted with labour shortages and a lack of professionals such as nurses and doctors; whereas the elderly, a large proportion of whom rely on remittances, are the Republic of Moldova’s most vulnerable and prone to poverty;

| S. | whereas the solution of the problems of the Republic of Moldova cannot be provided from outside the country and there is a need to enhance ownership by the Moldovan people to meet the challenges of the country; whereas it remains important to address the main challenges such as fight against corruption and oligarchic structures, the adherence to democratic standards, the need to find solutions for the multi-faced social problems, to ensure media plurality and to tackle poverty and emigration; |
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S.

whereas the solution of the problems of the Republic of Moldova cannot be provided from outside the country and there is a need to enhance ownership by the Moldovan people to meet the challenges of the country; whereas it remains important to address the main challenges such as fight against corruption and oligarchic structures, the adherence to democratic standards, the need to find solutions for the multi-faced social problems, to ensure media plurality and to tackle poverty and emigration;

Common values and general principles

| 1. | Recalls that the common values on which the Union is built, namely democracy, respect for human rights and fundamental freedoms, and the rule of law, lie also at the heart of the political association and the economic integration between the Union and the Republic of Moldova; reaffirms the Union's commitment to support the Republic of Moldova’s European path through political association, economic integration and the respective reforms; notes that the AA/DCFTA remains of primary importance for the development of the Republic of Moldova, especially in current exceptional times, and commends the sustained engagement in this process of Moldovan society and authorities; recalls, however, that further progress must be achieved in its implementation, to deliver its full potential and benefits, particularly by focusing on the independence of State institutions, their resilience against the influence from oligarchs, fight against corruption, justice, the strengthening rule of law and on improving the living conditions of the citizens; underlines that the AA/DCFTA was the main vector encouraging and supporting the process of structural reforms, democracy and the rule of law; |
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1.

| 2. | Welcomes all intentions towards a closer political, human, and economic integration with the Union in line with the principle of differentiation and based on the performance, results, and aspirations of the Republic of Moldova's authorities and society; |
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2.

| 3. | Notes the conclusions of the IMF’s March 2020 Article IV consultation and the IMF Board’s sixth and final review of the Republic of Moldova’s economic performance under the Extended Credit Facility and Extended Fund Facility arrangements, with particular regard to the rehabilitation of the Moldovan banking system and the strengthening of financial sector governance; |
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3.

| 4. | Welcomes the disbursement of the second instalment of the Union MFA; acknowledges the reform efforts pursued by the Republic of Moldova in areas including the fight against corruption, the strengthening of the anti-money laundering framework, the adoption of a new law on the activities of NGOs, and notes that the Republic of Moldova has joined the OECD anti-corruption peer-review program (Istanbul Action Plan); |
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4.

| 5. | Is of the opinion that the disbursement of the second instalment of the EU Macro Financial Assistance Program for 2017-2020 should be followed by the efforts of the Moldovan authorities in order to fulfil the relevant conditions in the areas related to strengthening the anti-money-laundering framework with respect to which it should deliver tangible and lasting results, as well as to strengthening the independence of the national bank; |
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5.

| 6. | Calls on the Moldovan Government and the EU to cooperate to overcome the negative impact of the COVID-19 crisis on social and economic development; |
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6.

| 7. | Welcomes the outcome of the negotiations on the Memorandum of Understanding on the new exceptional EU MFA program aimed at countering the negative economic impact of the COVID-19 pandemic; |
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7.

AA’s implementation importance in the ongoing political developments and the run-up to the November 1 Presidential Elections

| 8. | Notes that the November 2019 Activity Program of the of the Republic of Moldova is less ambitious than the previous government’s 2030 Global Agenda and is concerned that political instability and frequent government changes are affecting the implementation of AA/DCFTA provisions and limiting the pace of reforms; supports the connection of the next Association Agenda with the new NAPIAA and emphasizes the importance of a rapid adoption of the new Agenda as an instrument to accelerate the implementation of the Association Agreement and update its priorities with the active parliamentary participation and input from civil society and other stakeholders in the EU and the Republic of Moldova; insists that the continuation of EU political and financial support remains conditional on the delivery of tangible reforms, in particular concerning the rule of law and the judiciary; in this regard, reiterates the importance of implementing all priority reforms agreed in the Association Agenda and of fulfilling the conditionalities agreed for the disbursement of second and third tranches of the MFA; |
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8.

| 9. | Welcomes the Republic of Moldova’s constructive contribution to the cooperation within the Eastern Partnership and encourages a permanent and intensified political exchange among countries part of AA/DCFTAs and the Commission on association-related reforms; calls on the Commission to make a proper use of existing mechanisms to continue monitoring the concrete implementation of reforms and develop a conditionality mechanism, including clear benchmarks, with the meaningful involvement of civil society, particularly at local level; deems it essential, in this context, to step up the financial support for CSOs, which play a critical role in fostering participation in public debates and in monitoring both the action of Moldovan authorities and the effectiveness of the Union’s policies towards the country; in addition, suggests using the experience of the Support Group for Ukraine to create a similar structure for the Republic of Moldova, in order to increase the effectiveness and visibility of the Union’s support; |
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9.

| 10. | Underlines that the situation in the Republic of Moldova should be closely monitored in the long term, including during the pre-electoral period, in accordance with the normal OSCE/ODIHR practices and standards, particularly in the current period of crisis, as the forthcoming presidential elections will be a test for democracy and the rule of law in the country; |
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10.

| 11. | In this respect, calls on the Moldovan authorities to ensure free and fair presidential elections scheduled on 1 November 2020 and urges the Moldovan authorities to further improve the electoral legislation in order to ensure the effectiveness of the right to vote, the fairness of the electoral campaigns, the transparency of the legislative process and democratic oversight, so as to allow adequate public scrutiny of the government’s and the parliament’s activity; demands that the Moldovan authorities refrain from altering rules and regulations for political gain, which will always end in political unrest and instability affecting the commitment for structural reforms; with a view to future elections, underlines the importance of democratic legitimacy of the government, transparency in coalition building, respect for the will of the voters and the importance that a government majority reflects the vote of the people; |
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11.

| 12. | Calls on the Moldovan authorities to strengthen democratic mechanisms, including a multi-party parliamentary system, and to ensure free, independent and pluralistic media as well as a fair access to finance and media; in this context, demands that Moldovan authorities strengthen resilience against disinformation and information manipulation by domestic and foreign actors, online and offline and implement measures to address the even more urgent need to tackle vote buying, intimidation of election observers, electoral bribery and other corrupt practices, as well as the misuse of State resources, as those practices undermine and destroy all democratic efforts made by political actors of the Republic of Moldova; |
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12.

| 13. | Emphasizes the need for a strong and fair political rivalry among presidential candidates, which would not be possible without healthy and transparent system of party-financing and presidential campaign financing; |
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13.

| 14. | Urges the Moldovan government to put in place all necessary measures to ensure that the citizens of the Republic of Moldova living in the Transnistrian region as well as outside of the Republic of Moldova can participate in elections in an inclusive, transparent and fair way, free from foreign interference; |
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14.

Reforms and institutional framework

| 15. | Welcomes the reforms that led to the introduction of a visa-free regime with the Union; the program has been used extensively by the citizens of the Republic of Moldova and represents a very good example of how the implementation of the AA/DCFTA touches upon the lives of citizens by fostering people-to-people contacts with other fellow Europeans; calls on the Union and the Republic of Moldova to further improve people-to-people contacts and exchanges in order to build mutually positive images of each other among the populations; |
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15.

| 16. | Welcomes the fact that since 2014 more than 2,3 million Moldovan citizens have benefited from the visa-free regime and notes that according to the latest Commission report, the Republic of Moldova continues to meet the visa liberalisation requirements and that visa-free movement continues to bring positive economic, social and cultural benefits both to the Union and the Republic of Moldova; encourages both sides to uphold the free movement of people also during crises; |
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16.

| 17. | Acknowledges the efforts undertaken by the Moldovan authorities in implementing the recommendations outlined in the annual visa suspension mechanism reports; recommends the continuation of the implementation of the benchmarks related to the visa liberalisation policy and calls on the authorities to continue those efforts to satisfy the visa liberalisation benchmarks, in particular in the areas of anti-corruption, to strengthen the judiciary, to apply the anti-money laundering legislation and to take concrete action to address the increase of unfounded asylum applications; in this respect, is concerned about the rise of the number of Moldovan nationals found to be illegally staying in the Schengen+ area (47 % rise) and about the rise in asylum applications (48 % rise); urges Moldovan authorities to further implement the commitments made in the context of the liberalised visa regime for the Schengen area in the area of effective migration management and to ensure asylum rights for third-country applicants in the Republic of Moldova; |
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17.

| 18. | Welcomes the adoption by the Parliament of the Republic of Moldova of numerous legislative acts in line with the country’s commitments enshrined in the AA, namely related to public administration, public financial management and justice system reforms; underlines the importance of a full implementation of these acts, including by adopting secondary legislation; |
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18.

| 19. | Welcomes the progress achieved on public financial management and calls on the Moldovan authorities to accelerate the implementation of other AA/DCFTA reforms based on an improvement of the rule of law; |
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19.

| 20. | Acknowledges the Republic of Moldova's essential steps to increase the performance of public administration; to this end, calls on the Moldovan government to ensure full implementation of the Public Administration Reform for 2016–2020 in line with the OECD/SIGMA principles of public administration; furthermore, encourages Moldovan authorities to increase transparency and combat widespread corruption in the public administration as well as to establish a public administration national school; |
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20.

| 21. | Underscores that a more efficient and sustainable AA implementation stems from an impartial and professional administration of State institutions and agencies; in this regard, reiterates its concern regarding the lack of a constant commitment to improvements in the public sector, which discourages competent people from pursuing a career in public administration, and stresses the need for the development of a professional public administration and the encouragement of young people to take up a career in the public sector, so as to achieve a more transparent administration in which nepotism and favouritism do not lead to chronic politicisation; |
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21.

| 22. | Urges to start a more comprehensive decentralization reform as soon as possible, including the reform of the Republic of Moldova’s administrative-territorial system, regional development and administrative decentralisation, with the possibility to generate local taxes; in this respect, underlines the need for more in-depth and broader cooperation between local authorities, for a reduced number of local administrations and additional measures to ensure their greater independence and decrease their operating costs; calls on the Moldovan authorities to uphold the principles of local democracy and local autonomy in accordance with the European Charter of local self-government by providing proper competencies and sufficient funding for the local governments and by assuring their effectiveness; |
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22.

| 23. | Is concerned by the high level of concentration and politicisation of the media and advertising sectors, leading to a low level of public confidence in the media; calls on the Moldovan authorities to continue the reform of the media sector with a stronger involvement of the civil society in the process in particular, calls on the Republic of Moldova to review the audio-visual code and liberalise the advertising market in line with European standards of media freedom and pluralism, as recommended by the Commission and the Venice Commission, so as to ensure full transparency of the ownership in the media and the advertising market; |
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23.

| 24. | Takes the view that strengthening media pluralism and its independence should be a priority for the Union and the Republic of Moldova in their partnership relations and that this should be reflected appropriately also in the financial allocations; calls on the Commission to increase support to the independent media, including in the regions; urges Moldovan authorities to refrain from exploiting the COVID-19 pandemic to adopt measures curtailing freedom of speech and limiting the media’s ability to report the whole dimension of the impact of the Corona crisis on the society in an independent and unbiased way; expresses concern at the spreading of fake news and disinformation in the Republic of Moldova during the coronavirus crisis and points out the need for both the local authorities and the Union to develop specific programmes that promote media literacy, combat disinformation and support quality, fact-checked media content; |
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24.

| 25. | Urges the Moldovan authorities to foster free and independent media and, including by conducting an independent audit, to ensure the effectiveness of the Audio-visual Council as an independent regulator combating the ongoing intimidation of journalists, politicization and lack of transparency of public and regulatory institutions, the lack of public access to information and quality media content, as well as ensuring the transparency of media ownership; |
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25.

| 26. | Underlines that the Union is the biggest provider of aid to the Republic of Moldova; observes with great concern the continuous propaganda, disinformation campaigns and denigrating messages by governing politicians against the Union, which paint a distorted and unrealistic picture on public television and in the media; regrets such public attacks on the Union’s aid and image as they undermine the implementation of the AA and EU — Republic of Moldova relations; calls on the Moldovan authorities to end to the disinformation and anti-EU propaganda campaigns to which the citizens of the Republic of Moldova in general are exposed and to step up support in the fight against fake news, hybrid warfare in communication, targeted disinformation campaigns and the degradation of media programs; underlines that political involvement in mass media structurally undermines fundamental freedoms and access to information; |
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26.

| 27. | Deplores the progressive distancing from the European path of the current government in Chișinău, to the detriment of country's democratic aspirations and urges all pro-European political parties to find solutions through dialogue, in order to ensure the continuity of the European integration process of the Republic of Moldova and to fully benefit from all the advantages offered by the AA/DCFTA; |
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27.

| 28. | Calls on the Moldovan authorities to put more efforts in order to ensure that the AA/DCFTA opportunities and EU assistance and programmes reach the local level, including in the remote parts of the country, in particular rural areas, so as to enable inhabitants to push for positive changes in their communities, in particular those more vulnerable to post-Soviet sentiments and Russian manipulation; |
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28.

| 29. | Takes the view that the authorities should provide transparent information on the external assistance that they intend to seek and that financing from the Russian Federation should be discussed openly in Parliament and with experts and civil society, including as regards the geo-strategic conditionalities and the long term impact on the economy arising from this type of financing; considers that, when it comes to conditionalities attached to EU financial assistance, the authorities should also provide the necessary explanations to the public; underlines that EU conditionalities are to be seen as opportunities to conduct the necessary reforms; |
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29.

| 30. | Highlights the need to fight Russian disinformation through fact-based and accessible quality information as well as through public campaigns aiming to increase public awareness; encourages the authorities of the Republic of Moldova to look for more in-depth collaboration with the Union and its Members States in order to enhance the implementation of good practices and solutions for countering disinformation, propaganda, manipulation and hostile influencing carried out by external forces aimed at dividing, destabilizing, and undermining the integrity of the internal political processes and the relations with the Union; |
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30.

| 31. | Acknowledges the progress in the adoption of the new law on non-commercial organisations by the Moldovan parliament, as part of the conditionality requirements to obtain the EU MFA; expects its swift and effective implementation will foster the full respect of the rights and freedoms of civil society and non-governmental organization as well as the freedom of association will be fully respected and calls for more support from the Moldovan government in the development of civil society; points out the central role NGOs play in any democratic society and expresses hope that the new legislation will improve the transparency of public decision-making and provide a modernized framework for the functioning of civil society in the country; urges the Moldovan authorities to refrain from any pressure on NGOs and other civic actors; regrets the distrust and hostility with which political officials approach civil society in general; urges a more meaningful and active involvement of civil society in the policymaking and implementation processes, particularly as regards human rights and fundamental freedoms, with respect to which NGOs could act as a watchdog and hold the respective State institutions accountable; with that in mind, calls on the Commission and the Member States to provide political, technical and financial support to the civil society and urges EU Institutions to establish clear rules helping to avoid the provision of grants to ‘GONGO’s’(NGOs established and financed by governments through informal channels); |
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31.

| 32. | Calls on the Moldovan authorities to promote transparency in public decision-making and to ensure proper involvement and consultation of stakeholders and civil society at all stages, which will also increase public scrutiny and the social acceptability of the reforms conducted; |
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32.

| 33. | Welcomes the amendments to the electoral legislation adopted in August 2019, and the ruling of the Moldovan Constitutional Court of February 2020 on the territorial requirements for establishing political parties; |
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33.

| 34. | Points out that the COVID-19 crisis has brought to light the fact that the health system of the Republic of Moldova is underdeveloped and is struggling to cope with the recent surge in the number of cases; urges the Commission, Member States and the Republic of Moldova to increase cooperation on public health resilience, exchange best practices and work with the civil society, the business and SME communities on establishing epidemic strategies focusing on the most vulnerable groups in society; calls on the Moldovan government to strengthen the healthcare system, improve sanitation standards, especially in hospitals, as well as to provide its population with all relevant information about the pandemic in a transparent and inclusive manner; |
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34.

Cooperation in the field of common foreign and security policy (CFSP) and progress on resolving the Transnistria conflict

| 35. | Welcomes the Republic of Moldova participation in common security and defence policy (CSDP) missions and operations on cyber-security and cyber-crime investigations, as well as the Republic of Moldova’s cooperation with NATO and its alignment with EU's CFSP Declarations; calls on the EU institutions to include the Republic of Moldova in new formats of cooperation concerning cyber security, hybrid threats and cyber-crime investigations; |
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35.

| 36. | Recognizes the importance of the European Union's Border Assistance Mission to Moldova and Ukraine (EUBAM) in harmonising border management and customs regime to that of the Union, also with regard to the solution of the Transnistrian issue; |
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36.

| 37. | Acknowledges the Republic of Moldova's unique experience and expertise and the contribution that it can provide to the Union collective security and defence policy and encourages a deeper cooperation in EU-related defence policies, including participation in PESCO once the issue of involvement of third countries is clarified; |
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37.

| 38. | Reiterates the EU’s support for the sovereignty and territorial integrity of the Republic of Moldova and for the efforts in the framework of the 5+2 negotiation process to reach a peaceful, lasting, comprehensive, political settlement of the Transnistrian conflict, based on the respect for the sovereignty and territorial integrity of the Republic of Moldova within its internationally recognized borders, with a special status for Transnistria, that would ensure the protection of human rights also on the territories currently not controlled by constitutional authorities; reminds that the UN General Assembly adopted on 22 June 2018 a resolution urging the Russian Federation to withdraw its troops and armaments unconditionally from the territory of the Republic of Moldova and reaffirming the support for the immediate implementation of that resolution; |
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38.

| 39. | Encourages the Moldovan Government to continue promoting an environment favourable to the settlement of conflicts and supporting activities that increase confidence and people-to-people contacts across conflict-divided communities; |
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39.

| 40. | Acknowledges the increased security interdependence between the Republic of Moldova and its Transnistria region and the stability of both as the main factor for prevention and resolution of security challenges such as hybrid threats, cyberattacks, election cyber-meddling, disinformation and propaganda campaigns, and third-party interference in the political, electoral, and other democratic processes; |
| --- | --- |

40.

| 41. | Welcomes the Moldovan government’s efforts to extend the benefits of the DCFTA and the visa-free regime to the Transnistrian region, which enabled significant growth in mobility and trade with the region as well as all activities that enhance the economic collaboration and increase the level of goods’ and services’ exchanges between the Republic of Moldova and Transnistria; |
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41.

| 42. | Considers that, by guaranteeing tariff-free access to EU markets for Transnistrian businesses registered on the west bank of the Dniester and submitted to customs checks by Moldovan officials, the DCFTA resulted in a massive swing in the direction of trade from the Eurasian Economic Union to the Union; encourages the Moldovan authorities to further advance towards trade and engagement with EU markets in order to enhance market access, transparency, good business practices and reduce the capacity for market manipulation and monopolization by oligarchs; |
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42.

| 43. | Underlines that any resolution to the Transnistrian issue must respect the Republic of Moldova’s sovereign right to choose its own defence and foreign policy orientation; |
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43.

| 44. | Urges the authorities of the Republic of Moldova to consider the development and implementation of the package of laws regarding the fields of conflict prevention and crisis management that was part of NAPIAA in 2017-2019; |
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44.

Rule of law and good governance

| 45. | Is concerned by the slow course of reforms on the rule of law and democratic institutions; urges the government of the Republic of Moldova to complete judicial reforms without delay, so as to warrant the independence, impartiality and effectiveness of the judiciary and specialised anti-corruption institutions; in doing so, calls on the Moldovan government to ensure a transparent process of drafting of the amendments to the Moldovan Constitution concerning the Supreme Council of Magistrates (SCM), and of their subsequent adoption, using international precedents and good practices, in line with the recommendations of the Venice Commission and in consultation with the Council of Europe and EU experts, civil society, and other interested actors; regrets that the amendments regarding the appointment of the SCM members have been rushed through Parliament; underlines the need to guarantee the independence of the SCM and calls on the Moldovan authorities to ensure a merit-based selection and promotion of judges; |
| --- | --- |

45.

| 46. | Calls on the authorities to continue effective consultations in order to adopt a concept and action plan for the justice reform based on a comprehensive diagnostic, ensuring wide consensus from stakeholders and in strict adherence with the Moldovan Constitution and European standards; |
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46.

| 47. | Is concerned by the low level of trust in the integrity and effectiveness of the judiciary and by the susceptibility of the judicial branch to political pressure which hampers its independence; calls on the authorities of the Republic of Moldova to ensure transparency in the judicial appointment processes and that the Prosecutor General, his staff, and public prosecutors in general, work independently and abide by the highest standards of professionalism and integrity; |
| --- | --- |

47.

| 48. | In this regard, points out that a lack of resources and a lack of knowledge about good governance, the rule of law and human rights is permeating and adversely affecting the effective functioning of the Moldovan administration and calls on the Commission to increase funding through the available budget support and technical assistance instruments, aimed at strengthening the justice and law enforcement authorities' capacity and efficiency, taking into account progress in the implementation of the reforms; |
| --- | --- |

48.

| 49. | Urges the authorities of the Republic of Moldova to strengthen the complete independence of the Constitutional Court and to ensure that it is not subject to any form of political interference; firmly rejects any attempt of intimidation or pressure on the judges of the Constitutional Court and condemns the enormous pressure, blackmailing and harassment the Court’s judges went through before delivering the decision on the Russian loan; deeply regrets the attempts to politicize the Constitutional Court and the inactivity of prosecutors and of the anti-corruption centre in defending the independence of the Constitutional Court; |
| --- | --- |

49.

| 50. | Is concerned by the persistent long-term trend of lacking progress on corruption in the Republic of Moldova, and therefore urges the Government to step up the fight against corruption and state capture, as well as money laundering, smuggling and organised crime, including human trafficking; calls on the government of the Republic of Moldova to adopt concrete measures to reinforce the independence, integrity and effectiveness of the National Anticorruption Centre’s Office and the Anti-Corruption Prosecutor’s Office, as well as to ensure the de-politicization of public anti-corruption institutions and law enforcement agencies; points out the need for sustained and consistent efforts to prevent and prosecute high-level corruption and organized crime; takes the view that this is the only way to re-establish the trust of the Moldovan citizens and ensure the enactment of lasting reforms in the Republic of Moldova; calls on the Commission to provide much more consistent support to civil society organisations monitoring fraud and money laundering activities; |
| --- | --- |

50.

| 51. | Urges the authorities to step up efforts to fight organized crime and dismantle criminal schemes; |
| --- | --- |

51.

| 52. | Welcomes the adoption of the law on Anti-Money Laundering sanctions on 21 May 2020 and calls for the swift elaboration of guidelines on the application of the new legislation, as well as for specialized training for the concerned authorities; calls on all interested parties to maintain consistent efforts in combating smuggling, money laundering, dismantling criminal networks and reducing the influence of oligarchs; calls for an enhanced cooperation with Europol, Interpol, and customs organizations such as WCO and OECD's Anti-corruption Networks; |
| --- | --- |

52.

| 53. | Notes with concern the conclusions of the Commission’s and EEAS’ 2019 Association Implementation Report on Moldova according to which the establishment of instruments and bodies that aim to prevent fraud and money laundering has been slow; expects the new Government to build upon the recent steps taken by the previous government as regards fighting corruption and unravelling criminal and money-laundering schemes; |
| --- | --- |

53.

| 54. | Notes the action undertaken in order to pursue the prosecution of the massive banking fraud exposed in 2014 and other money laundering cases; however, reiterates its concern at the persistent failure to bring transparent prosecution of all those responsible for the bank fraud exposed in 2014, as well as at the slow recovery of stolen assets; reiterates its concern that no substantial recovery of assets has been made so far and stresses that further steps need to be taken in this direction; calls on the Moldovan authorities to speed up the prosecution process, bring all those responsible to justice without further delay and to recover misappropriated funds; invites the Member States to offer the Republic of Moldova's authorities substantial support in the investigation of the case if there will be any requests for it; |
| --- | --- |

54.

| 55. | Welcomes the adoption, on 18 June 2020, of the new law to abolish the Citizenship for Investment Programme as of 1 September 2020, at the end of the existing moratorium; takes the view that this is an essential move in order to reduce the risks of corruption, tax evasion and money laundering in the Republic of Moldova; notes that until the programme is cancelled only existing applications will continue to be processed and calls on the Commission to monitor carefully how this will be done; |
| --- | --- |

55.

| 56. | Urges the authorities of the Republic of Moldova to increase transparency on the funding of political parties, and to investigate all irregularities in a fair and unbiased way; stresses the need to fight corruption inside the Moldovan political class; is deeply concerned by recent allegations of buying off of Members of the Parliament in order to change political affiliation, as well as allegations of kidnapping, intimidation and pressure on elected representatives; points out that these allegations must be investigated and that such behaviour is incompatible with the values which are at the core of the AA with the Republic of Moldova; draws attention also to the responsibility of political parties to fight corruption within their own ranks; in addition, calls on the authorities to ensure that no funds of charitable foundations are used in the electoral campaigning; urges the authorities to forbid the use of the administrative funds in favour of the governing political class during the election campaign; |
| --- | --- |

56.

Human rights and fundamental freedoms

| 57. | Acknowledges the improvement of the legislation on the protection of human rights, notably as a result of the new 2018-2022 Human Rights Action Plan; calls on the Moldovan authorities to significantly increase efforts and adopt implementation measures and secondary legislation so as to uphold those rights and fundamental freedoms, including in particular for minorities and vulnerable groups, such as women and children being misused by human traffickers, linguistic minorities, people with disabilities, Roma and LGBT+ persons, thus recognizing the respect for human rights as a critical criterion and a vital condition for a democratic society; is concerned that significant human rights problems remain unresolved and unpunished, such as pressure and politically motivated prosecutions and detentions, torture, arbitrary detention, harsh and life-threatening prison conditions, arbitrary or unlawful interference with privacy, use of forced or compulsory child labour; |
| --- | --- |

57.

| 58. | Expresses deep concern at the situation of Moldovans stranded in EU Member States due to the COVID-19 crisis without social protection; calls on the Commission and the Member States to ensure, in the context of COVID-19, the equal treatment of third-country seasonal workers with EU nationals, as stated in Directive 2014/36/EU (8), recalling that such workers have the same labour and social rights as EU citizens; calls on the Member States to ensure quality housing for cross-border and seasonal workers, which should be decoupled from their remuneration, and ensure decent facilities, tenant privacy and written tenancy contracts enforced by labour inspectorates, and to establish standards in this regard; |
| --- | --- |

58.

| 59. | Notes with concern that the implementation of the commitments stemming from the association agreement in the social sphere, especially in the fields of labour inspection, anti-discrimination measures, and social dialogue, is limited; is concerned that the progress in addressing macro-financial vulnerabilities remains insufficient to significantly boost living standards and is now endangered by the consequences of the COVID-19 crisis; insists on the mandatory involvement of trade unions, as well as civil society organizations, in the implementation of the Association Agreements; |
| --- | --- |

59.

| 60. | Underlines that the Union must hold the Republic of Moldova accountable for its commitments with regards to the social dimension of the AA; calls on the Commission to provide a detailed annual progress reports on the implementation of social and labour-related issues of the Association Agreement which does not only analyses the transposition of relevant Union directives and norms, but also their actual implementation; calls on the Commission to embrace proposals of labour experts to introduce a mechanism to sanction the violations of the standards agreed upon; suggest to use the disbursement of MFA as a leverage or conditionality to force the Republic of Moldova to enhance the labour conditions of their workforce; |
| --- | --- |

60.

| 61. | Expresses its concern regarding respect for human rights in the Transnistrian region, especially against the background of the COVID-19 pandemic; |
| --- | --- |

61.

| 62. | Calls on the Commission to upgrade neglected areas of AAs, which include important policy areas such as gender, the European Green Deal and the prevention of health crises; |
| --- | --- |

62.

| 63. | Underlines that gender equality is a key precondition for sustainable and inclusive development; urges the Moldovan government and authorities to implement measures to further improve women’s representation and equal treatment at all levels of political and societal life; requests the Commission to mainstream gender equality in all its policies, programmes and activities in relation to the Republic of Moldova and encourages the authorities of the Republic of Moldova to promote programs that include consistent gender equality dimension, offer more support to the most disadvantaged and vulnerable groups in society, implement legislation to fight hate speech and physical violence perpetrated against the more vulnerable groups; |
| --- | --- |

63.

| 64. | Urges the Moldovan authorities to ratify the Istanbul Convention, which was signed by the Republic of Moldova on 6 February 2017, but whose ratification is lagging behind despite being mentioned as an explicit objective of the National Action Plan on Human Rights 2018-2022 and of the National Strategy on Preventing and Combating Violence against Women and Domestic Violence 2018-2023; recalls that violence against women and girls is prevalent in the Republic of Moldova and two in five women have experienced physical and/or sexual violence at the hands of a partner or non-partner since the age of 15; |
| --- | --- |

64.

| 65. | Calls for further steps in implementing the national legislation for preventing and combatting trafficking in human beings and for a substantial increase in the quality of services provided to victims as well as for more protection, assistance, and support of victims of crime, especially children, during investigations and after the judicial process; in addition, calls for more support during the social reintegration of the victims; calls for increased cooperation between the judicial authorities and the enforcement agencies of the Republic of Moldova and the Member States, in order to reduce cross-border crime, particularly human trafficking and trafficking in illegal drugs; |
| --- | --- |

65.

| 66. | Calls on the authorities to guarantee the right to a fair trial and the respect of human rights in detention and correctional facilities, including by addressing inadequate healthcare provisions; in this regard, stresses the need to provide a safe environment for prisoners; additionally, calls for measures to avoid selective and politically motivated justice; |
| --- | --- |

66.

| 67. | Reiterates its call to the Moldovan authorities to ensure that any extradition requests coming from third countries are processed in a transparent manner while following judicial procedures fully in line with European principles and standards; |
| --- | --- |

67.

| 68. | Calls for more concrete measures to improve detention conditions and to eliminate the detention of people with disabilities in psychiatric hospitals against their will; calls for the complete elimination of torture and ill-treatment in prisons as a method of pressure on imprisoned or detained political opponents; |
| --- | --- |

68.

| 69. | Acknowledges the measures taken at national level to prevent and fight torture, but underlines that the Republic of Moldova continues to be condemned frequently at the European Court of Human Rights for torture and ill-treatment; urges therefore the establishment of a fully independent agency specifically for the investigation of allegations of torture and other human rights violations committed by police and other law enforcement officers; |
| --- | --- |

69.

| 70. | Is concerned by the continued the presence in the public debate of instances of hate speech, originating also from politicians as well as by religious and community leaders; underlines in this regard that women and LGBTI+ people in particular have been targeted; calls on public officials to refrain from engaging in hate speech and to publicly disavow hate speech whenever it occurs and on the authorities to fine-tune the legal and institutional framework to combat hate speech in order to counter the phenomenon with all available mechanisms; |
| --- | --- |

70.

| 71. | Reminds that a draft bill establishing Magnitsky-type legislation has already been introduced in the Moldovan Parliament; encourages the legislative body to move forward with the examination of the law which would, if adopted, contribute to fighting human rights abuses, corruption and money-laundering; |
| --- | --- |

71.

Trade and economic cooperation

| 72. | Is of the opinion that the EU assistance to the Republic of Moldova should continue to prioritize improving the living standards of the citizens, targeting areas such as facilitating the development of SMEs, helping the youth, as well as the general reform of the education and health sectors; |
| --- | --- |

72.

| 73. | Welcomes entrepreneurial initiatives that aim to develop the Moldovan start-up scene; recognises, however, that further public sector reforms and financial assistance are needed in order to create additional employment opportunities that will entice young people and skilled workers to return to their country of origin; |
| --- | --- |

73.

| 74. | Calls on the Commission to contribute to addressing the economic challenges faced by young people in the Republic of Moldova by investing in programmes favouring youth and social entrepreneurship and to strengthen the connection between the education system’s reform and labour market demands; stresses the need to invest in programmes which aim at young people coming from rural areas, since this category is one of the most vulnerable and lacks socio-economic opportunities, compared to young people from urban areas; |
| --- | --- |

74.

| 75. | Acknowledges that the ‘brain drain phenomenon’, that is often caused by the lack of trust in judiciary, nepotism and lack of proper reforms in the country, represents a serious threat to Moldovan future and is concerned by the large-scale emigration of Moldovan citizens, which accentuates negative demographic trends; encourages the Moldovan government to implement further measures to prevent and counter such a phenomenon, in particular by creating opportunities and improving conditions and wages for young workers in their home country, so that they can return home after studying or training abroad, and by supporting youth entrepreneurship; calls on the Commission to focus on this issue in its programmes; |
| --- | --- |

75.

| 76. | Welcomes the diversification of the Moldovan economy and the significant increase in trade between the Republic of Moldova and the Union, as well as the fact that the Union is the largest investor in the country; welcomes the fact that, in 2018, the Union accounted for 70 % of the Republic of Moldova’s total exports and 56 % of its total trade; encourages further progress in areas such as the customs code, the protection of intellectual property rights including geographical indications, the improvement of sanitary and phytosanitary standards, the improvement of market conditions in the field of energy, public procurement, and access to finance for SMEs; |
| --- | --- |

76.

| 77. | Encourages the full implementation of the DCFTA in order to further increase the EU — Republic of Moldova bilateral trade and investment relationship, including by removing non-tariff barriers to trade, facilitating access to the single market and making progress when it comes to integrating into it; recalls that the DCFTA with the Republic of Moldova must respect the rules set out in the sustainable development chapters, in line with international commitments, in particular the Paris Agreement, and WTO rules; |
| --- | --- |

77.

| 78. | Commends the adoption by the Moldovan Parliament of the European LEADER approach as the basis for its national rural policy; however, encourages the Republic of Moldova, including through dedicated measures in the next National Strategy for Agriculture and Rural Development, to make full use of preferential export opportunities into the Union through more efficient and sustainable cultivation of farmlands, as well as more democratic access and use of land, thus generating agricultural products that would amplify the Republic of Moldova’s relative agricultural advantages; |
| --- | --- |

78.

| 79. | Welcomes the regulatory approximation with the EU acquis, and encourages the Commission to provide to the Moldovan institutions and public administration technical and financial help for this endeavour and the subsequent implementation; stresses that such aid should be used to increase knowledge of human rights and the rule of law and calls on the Moldovan authorities to progress more rapidly on approximation to the AA/DCFTA, including on animal health and food safety standards; |
| --- | --- |

79.

| 80. | Welcomes the National Strategy ‘Digital Moldova 2020’, but demands the Commission to support and assist programmes and reforms concerning media and information literacy to reflect the current digital age, as well as to upgrade sectoral cooperation in the digital economy; calls on the Republic of Moldova to build a reliable digital market economy, enhancing the need for progress in open data, expanding the admittance to digital systems and increasing the access for citizens at electronic services and different communications solutions; |
| --- | --- |

80.

| 81. | Calls on the Commission to support investment in sectors with potential for development, growth and competiveness in the EU, notably in the three sectors of strategic significance (i.e. sustainable energy and climate, the digital single market and cyber security, and transport); |
| --- | --- |

81.

| 82. | Calls on the Moldovan government to also focus on the social dimension of trade and sustainable development by respecting and enforcing labour standards, ratifying and fully implementing all ILO conventions, and eliminating remaining deficiencies in the labour inspection system as well as by addressing the limitations and shortcomings of the labour inspection system and the problems of the judiciary system, which have a negative impact on the enforcement of labour standards; |
| --- | --- |

82.

| 83. | Calls on the Moldovan authorities to adopt and implement policies aimed at regulating the participation of the entities from jurisdictions that do not implement international transparency standards (offshore jurisdictions) or the businesses that are directly or indirectly controlled by such companies from trading with public authorities (public procurement, privatization, concession, and public-private partnership); |
| --- | --- |

83.

| 84. | Calls on the EU to consider the possibility for countries having an AA/DCFTA with the EU to accede to the Single Euro Payments Area (SEPA), since it would be beneficial for citizens and provide new opportunities for SMEs to develop; |
| --- | --- |

84.

Energy, environment and climate change

| 85. | Calls on the Moldovan Government to further reform the energy sector in order to increase resilience, transparency in costs and contracts in the sector, and to improve energy independence and efficiency, particularly by increasing energy interconnections with the Union, diversifying energy sources, including renewable energy, and reducing dependence on fossil fuels; stresses that all these aspects are of paramount importance for enhancing the country’s energy security; |
| --- | --- |

85.

| 86. | Welcomes actions to strengthen the institutional capacity and the independence of the energy regulator and encourages the necessary and urgent actions to be taken for the implementation of the Third Energy Package, in particular in the field of natural gas, and to ensure full compliance with the Energy Community acquis; in particular, calls on the National Agency for Energy Regulations of the Republic of Moldova to approve energy market rules based on fair competition and ensure compliance by all market participants, including State-owned traders; |
| --- | --- |

86.

| 87. | Stresses the importance to increase infrastructure cooperation in the region, also with a view to diversifying the Republic of Moldova’s energy supplies, and to improve the connectivity of the Republic of Moldova’s energy sector while ensuring environmental sustainability; |
| --- | --- |

87.

| 88. | Underlines the importance of the diversification of the Republic of Moldova’s electricity system; urges the Moldovan authorities to ensure the timely implementation of the project for interconnection of the Republic of Moldova-Romania electricity systems by providing the necessary support and resources; |
| --- | --- |

88.

| 89. | Encourages the Moldovan authorities to continue the efforts to reinforce the energy security of the country and commends the finalisation of the Ungheni — Chișinău gas pipeline by the end of 2020; furthermore, invites the Commission to include the Republic of Moldova in the stress tests conducted for the internal energy market; |
| --- | --- |

89.

| 90. | Commends the arrangements agreed between the Republic of Moldova, Ukraine and Romania in December 2019 to enable gas transfers to Ukraine and the Republic of Moldova via the Trans-Balkan pipeline, and the February 2020 Action Plan to ensure the independence of the transmission system operator Moldovatransgaz; |
| --- | --- |

90.

| 91. | Welcomes the steps undertaken to asynchronously interconnect the electricity system of the Republic of Moldova with the EU via Romania, being a significant milestone on the way to strengthening and diversifying the Republic of Moldova’s energy infrastructure. Calls on all the authorities to fulfil the objective of connecting the Republic of Moldova with Romania’s power grid by 2024, with the support of the EU; |
| --- | --- |

91.

| 92. | Welcomes the February 2019 package on climate and the environment of the Republic of Moldova and its national response, which made it the fourth country in the world to submit its updated National Determined Contribution (NDC2), including an increased ambition to reduce GHG emissions, to the Secretariat of the UN Framework Convention on Climate Change (UNFCCC); calls for increased efforts on the national commitments related to the 2015 Paris Agreement to fight climate change, as well as for implementation of climate change mainstreaming in all areas of policy-making; |
| --- | --- |

92.

| 93. | Calls on the Republic of Moldova to further enhance its engagement in the fight against climate change, in particular waste management, and management of water from the Nistru river, as well as on the Commission to facilitate the Republic of Moldova’s participation in the European Green Deal and to ensure that the DCFTA does not contradict the environmental objectives and initiatives laid down therein; |
| --- | --- |

93.

| 94. | Acknowledges the importance of a further modernization of the education system in the Republic of Moldova, as well as the growing role of youth in all life sectors, and invite EU to offer further support, especially in the area of vocational education and training (VET), in order to meet labour market needs; stresses the need to promote opportunities in volunteering and civic engagement for young people and to invest more in young people by expanding funding for and increasing the participation of Moldovan representatives in the existing mobility programmes, such as Erasmus+, Creative Europe and Horizon 2020; |
| --- | --- |

94.

| 95. | Encourages the Commission to perform a consultation, prepare and create tailored programs for citizens including a direct contact with beneficiaries through the on-line platform for applying and reporting the use of the funds made available by those programs; calls in this regard to consider the Green Deal purposes, as well as the day-to-day needs of citizens in the Republic of Moldova; |
| --- | --- |

95.

Institutional provisions

| 96. | Stresses that without the sincere determination of the political class to reform the country and to genuinely implement the AA with the Union, no true and lasting development could be reached; in this regard, encourages all political actors and political forces in the country to contribute and initiate multi-party formats and collaboration in good faith on the Republic of Moldova’s strategic goals thus contributing to the quality of democracy and to the improvement of life conditions of people; with that in mind, encourages the Moldovan authorities to make use of a Jean Monnet Dialogue to support inter-party dialogue and parliamentary capacity building; |
| --- | --- |

96.

| 97. | Calls for all EU institutions and the Member States, in close cooperation with the authorities of the Republic of Moldova, to better communicate the benefits of the AA/DCFTA and the EU assistance to the citizens of the Republic of Moldova; |
| --- | --- |

97.

| 98. | Calls on the Commission to strengthen the Delegation of the European Union to the Republic of Moldova, reinforce monitoring and strengthen the project team in Chișinău, so as to help the Republic of Moldova effectively communicate its approximation to EU law, fight against disinformation and promote positive images of the EU and the Republic of Moldova to all parties concerned; |
| --- | --- |

98.

o

o o

| 99. | Instructs its President to forward this resolution to the Council, the European Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, and to the President, Government and Parliament of the Republic of Moldova. |
| --- | --- |

99.

---

(1)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

(2)  Texts adopted, P8_TA(2018)0458.

(3)  OJ C 118, 8.4.2020, p. 109.

(4)  OJ C 356, 4.10.2018, p. 130.

(5)  OJ C 334, 19.9.2018, p. 199.

(6)  OJ C 11, 12.1.2018, p. 82.

(7)  OJ L 165, 27.5.2020, p. 31.

(8)  Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (OJ L 94, 28.3.2014, p. 375).

---

Thursday 22 October 2020

| 6.10.2021 | EN | Official Journal of the European Union | C 404/152 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/152

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P9_TA(2020)0282

The future of European education in the context of COVID-19

European Parliament resolution of 22 October 2020 on the future of European education in the context of COVID-19 (2020/2760(RSP))

(2021/C 404/08)

The European Parliament,

| — | having regard to Articles 165 and 166 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 165 and 166 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 5(3) of the Treaty on European Union (TEU) and to the Protocol (No 2) on the application of the principles of subsidiarity and proportionality, |
| --- | --- |

—

having regard to Article 5(3) of the Treaty on European Union (TEU) and to the Protocol (No 2) on the application of the principles of subsidiarity and proportionality,

| — | having regard to Article 14 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Article 14 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights (1), |
| --- | --- |

—

having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights (1),

| — | having regard to the Commission communication of 30 September 2020 entitled ‘Achieving the European Education Area by 2025’ (COM(2020)0625), |
| --- | --- |

—

having regard to the Commission communication of 30 September 2020 entitled ‘Achieving the European Education Area by 2025’ (COM(2020)0625),

| — | having regard to the Commission communication of 30 September 2020 entitled ‘Digital Education Action Plan 2021-2027: Resetting education and training for the digital age’ (COM(2020)0624), |
| --- | --- |

—

having regard to the Commission communication of 30 September 2020 entitled ‘Digital Education Action Plan 2021-2027: Resetting education and training for the digital age’ (COM(2020)0624),

| — | having regard to the Commission communication of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’ (COM(2020)0274), |
| --- | --- |

—

having regard to the Commission communication of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’ (COM(2020)0274),

| — | having regard to the Commission communication of 17 January 2018 on the Digital Education Action Plan (COM(2018)0022), |
| --- | --- |

—

having regard to the Commission communication of 17 January 2018 on the Digital Education Action Plan (COM(2018)0022),

| — | having regard to the Commission communication of 14 November 2017 entitled ‘Strengthening European Identity through Education and Culture’ (COM(2017)0673), |
| --- | --- |

—

having regard to the Commission communication of 14 November 2017 entitled ‘Strengthening European Identity through Education and Culture’ (COM(2017)0673),

| — | having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (2), |
| --- | --- |

—

having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (2),

| — | having regard to its resolution of 11 December 2018 on ‘Education in the digital era: challenges, opportunities and lessons for EU policy design’ (3), |
| --- | --- |

—

having regard to its resolution of 11 December 2018 on ‘Education in the digital era: challenges, opportunities and lessons for EU policy design’ (3),

| — | having regard to its resolution of 12 June 2018 on modernisation of education in the EU (4), |
| --- | --- |

—

having regard to its resolution of 12 June 2018 on modernisation of education in the EU (4),

| — | having regard to the questions to the Council and the Commission on the future of European education in the context of COVID-19 (O-000052/2020 — B9-0020/2020 and O-000053/2020 — B9-0021/2020), |
| --- | --- |

—

having regard to the questions to the Council and the Commission on the future of European education in the context of COVID-19 (O-000052/2020 — B9-0020/2020 and O-000053/2020 — B9-0021/2020),

| — | having regard to Rules 136(5) and 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 136(5) and 132(2) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on Culture and Education, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on Culture and Education,

| A. | whereas, in accordance with the European Pillar of Social Rights, access to quality and inclusive education and lifelong learning is a basic human right and essential for skills acquisition and maintenance, full and active participation in society and effective access to an evolving labour market; |
| --- | --- |

A.

whereas, in accordance with the European Pillar of Social Rights, access to quality and inclusive education and lifelong learning is a basic human right and essential for skills acquisition and maintenance, full and active participation in society and effective access to an evolving labour market;

| B. | whereas, according to UNESCO, nearly 1,6 billion learners in more than 190 countries — 94 % of the global learner population — were affected by the closure of education and training institutions at the height of the COVID-19 crisis; whereas over 60 % of learners around the world are still impacted; whereas less than 25 % of low-income countries have provided some form of remote learning; whereas in the most developed countries access to digital education was around 90 %, meaning 10 % of school pupils were still being left behind (5); |
| --- | --- |

B.

whereas, according to UNESCO, nearly 1,6 billion learners in more than 190 countries — 94 % of the global learner population — were affected by the closure of education and training institutions at the height of the COVID-19 crisis; whereas over 60 % of learners around the world are still impacted; whereas less than 25 % of low-income countries have provided some form of remote learning; whereas in the most developed countries access to digital education was around 90 %, meaning 10 % of school pupils were still being left behind (5);

| C. | whereas there are still severe discrepancies at EU level, with up to 32 % of pupils without access to education for several months in some Member States; whereas, for many learners, this lack of access stemmed from an absence of digital equipment, inadequate digital skills or pre-existing disadvantage; whereas, even where learners had access to digital education, they still often had to learn without teacher, peer or home support and sometimes in an unstable home environment; |
| --- | --- |

C.

whereas there are still severe discrepancies at EU level, with up to 32 % of pupils without access to education for several months in some Member States; whereas, for many learners, this lack of access stemmed from an absence of digital equipment, inadequate digital skills or pre-existing disadvantage; whereas, even where learners had access to digital education, they still often had to learn without teacher, peer or home support and sometimes in an unstable home environment;

| D. | whereas the COVID-19 pandemic has caused perhaps the most severe disruption to the world’s education and training systems in history, threatening a loss of learning for an entire generation of students, and may erase decades of progress; whereas this loss of learning is likely to decrease future income levels for that generation and will also potentially negatively impact labour productivity growth and competitiveness for the Union as a whole; whereas that same generation faces entering a labour market heavily impacted by the COVID-19-fuelled economic crisis; |
| --- | --- |

D.

whereas the COVID-19 pandemic has caused perhaps the most severe disruption to the world’s education and training systems in history, threatening a loss of learning for an entire generation of students, and may erase decades of progress; whereas this loss of learning is likely to decrease future income levels for that generation and will also potentially negatively impact labour productivity growth and competitiveness for the Union as a whole; whereas that same generation faces entering a labour market heavily impacted by the COVID-19-fuelled economic crisis;

| E. | whereas educational establishments have a much wider social and pastoral role and contribute to learners’ physical and mental health; whereas the lack of direct teacher-student interaction was shown to often affect learners’ wellbeing and mental health; whereas the pandemic has underscored the critical role that teachers play in education and society; whereas teachers and other education staff have often been overstretched, highlighting the need for greater support for them and greater recognition of their work; |
| --- | --- |

E.

whereas educational establishments have a much wider social and pastoral role and contribute to learners’ physical and mental health; whereas the lack of direct teacher-student interaction was shown to often affect learners’ wellbeing and mental health; whereas the pandemic has underscored the critical role that teachers play in education and society; whereas teachers and other education staff have often been overstretched, highlighting the need for greater support for them and greater recognition of their work;

| F. | whereas the crisis has accelerated the shift towards digital learning and stimulated innovation in education, such as the improvement of e-learning opportunities; whereas investment in learning technology companies in recent years has enhanced online education and e-learning solutions; whereas partnerships between business and educational establishments play a role in promoting innovation in the education sector; whereas the educational establishment should remain the final decision-maker on educational content; |
| --- | --- |

F.

whereas the crisis has accelerated the shift towards digital learning and stimulated innovation in education, such as the improvement of e-learning opportunities; whereas investment in learning technology companies in recent years has enhanced online education and e-learning solutions; whereas partnerships between business and educational establishments play a role in promoting innovation in the education sector; whereas the educational establishment should remain the final decision-maker on educational content;

| G. | whereas, at the same time, the sudden shift to mass online and distance learning precipitated by the crisis has exposed enormous gaps in digital education policy design and delivery within the European Union and across Member States; whereas the crisis has similarly demonstrated the need for greater cooperation and coordination among the Member States on education and training policies; |
| --- | --- |

G.

whereas, at the same time, the sudden shift to mass online and distance learning precipitated by the crisis has exposed enormous gaps in digital education policy design and delivery within the European Union and across Member States; whereas the crisis has similarly demonstrated the need for greater cooperation and coordination among the Member States on education and training policies;

| H. | whereas the overnight digital transition came in a context where 43 % of Europeans lack basic digital skills (6); whereas there is a direct correlation between, on the one hand, the Member State in which people live and where they live within each Member State, their socioeconomic status, their age, their income, their level of education and their employment and, on the other, their degree of digital proficiency; whereas the digital transformation and the use of new technologies impact on the labour market, requiring higher levels of digital literacy; |
| --- | --- |

H.

whereas the overnight digital transition came in a context where 43 % of Europeans lack basic digital skills (6); whereas there is a direct correlation between, on the one hand, the Member State in which people live and where they live within each Member State, their socioeconomic status, their age, their income, their level of education and their employment and, on the other, their degree of digital proficiency; whereas the digital transformation and the use of new technologies impact on the labour market, requiring higher levels of digital literacy;

| I. | whereas the pandemic represents an opportunity to rethink the future of education; |
| --- | --- |

I.

whereas the pandemic represents an opportunity to rethink the future of education;

| J. | whereas the Commission aims to establish a European Education Area by 2025; |
| --- | --- |

J.

whereas the Commission aims to establish a European Education Area by 2025;

| K. | whereas the political agreement reached by the European Council on the 2021-2027 multiannual financial framework (MFF) would entail severe cuts to flagship education programmes such as Erasmus+; whereas Parliament has repeatedly called for an ambitious budget for education programmes; whereas the current economic crisis should not lead to cuts in public spending on education; |
| --- | --- |

K.

whereas the political agreement reached by the European Council on the 2021-2027 multiannual financial framework (MFF) would entail severe cuts to flagship education programmes such as Erasmus+; whereas Parliament has repeatedly called for an ambitious budget for education programmes; whereas the current economic crisis should not lead to cuts in public spending on education;

| L. | whereas, in accordance with the principle of subsidiarity, education policy is the exclusive competence of the Member States, with the Union playing a supporting and coordinating role; |
| --- | --- |

L.

whereas, in accordance with the principle of subsidiarity, education policy is the exclusive competence of the Member States, with the Union playing a supporting and coordinating role;

| 1. | Salutes the creativity and resourcefulness shown by education and training institutions, in particular their teaching and educational staff, and by students and parents in adapting to online and distance learning, especially in light of the fast-changing circumstances and uncertain times; salutes, similarly, the positive examples set by citizens, civil society and non-formal education providers in adapting their education practices and developing initiatives that have enabled learning to continue; calls for more efforts to scale up and increase the visibility of effective initiatives, and to promote best practices in all education sectors; calls on the Commission to provide a platform for Member States to share good practices and, in this regard, to explore possibilities for new initiatives, such as the creation of a European Online University; |
| --- | --- |

1.

| 2. | Underlines, however, that the sudden digital transition in education and training has also revealed a digital divide with respect to access to digital infrastructure and devices, the quality of online teaching and the skills of students, teachers and trainers; |
| --- | --- |

2.

| 3. | Deplores the fact that we still have in Europe pupils and students with no access to digital education; reiterates the need to improve connectivity at European level, in particular in rural and remote areas, and to increase access to digital equipment; points to the cutting-edge innovation in educational computers, tablets and software in Europe; |
| --- | --- |

3.

| 4. | Is concerned by the digital skills gaps among teachers and students, which hinder effective digital education; recalls, therefore, the need to invest in upskilling and professional development opportunities for teachers and trainers across Europe to ensure that they not only have, but also can teach, digital skills; points to the value of teacher mobility and knowledge sharing as a key tool in that regard and calls on the Commission to further support such activities; |
| --- | --- |

4.

| 5. | Notes that the crisis has impacted different education and training sectors to different extents, with higher education institutions often faring better thanks to existing infrastructure, resources and experience with digital tools; highlights that disruption to early childhood education, school education, vocational education and training, adult education and non-formal education has been more severe, and calls for more efforts to deliver effective distance learning for those sectors; recalls the need for adequate financial support in that regard; |
| --- | --- |

5.

| 6. | Calls on the Commission to collect, assess and publish data from across the Member States on the pandemic’s impact on learners’ participation in distance education, with a particular focus on where they could not participate due to a lack of digital means; calls on the Commission, furthermore, to collect data on teachers’ digital skills across Member States; |
| --- | --- |

6.

| 7. | Notes with alarm that the digital education gaps have exacerbated existing inequalities — both among and within the Member States — and have had a disproportionate impact on those already suffering social, economic or other disadvantages, those with learning difficulties and disabilities, and those from other vulnerable or minority groups; stresses that this digital divide must be closed as an immediate priority; |
| --- | --- |

7.

| 8. | Recalls, furthermore, the vital social role that schools and other educational establishments play, for example in providing access to regular meals and pastoral support; highlights the negative effects of lockdown measures on learners’ mental health and wellbeing, in conjunction with stress surrounding assessment and grading and isolation from peers; |
| --- | --- |

8.

| 9. | Welcomes, therefore, the efforts made by education professionals and Member States to ensure that in-person learning can resume in a COVID-19-secure environment; calls on all Member States to do what is required to guarantee in-person learning for all; recognises the challenge inherent in the reopening of educational establishments and deplores the lack of coordination or exchange of best practices at European level; calls on the Commission and the Member States to work closely together to minimise the health risks for staff and learners and to maximise the chances that in-person education can continue; believes, at the same time, that, in the event of another lockdown, education institutions must be equipped to provide quality digital learning to all learners and to address mental health and wellbeing in cooperation with parents and other relevant stakeholders; |
| --- | --- |

9.

| 10. | Stresses that social and educational inequalities often take root in early childhood and tend to widen through adulthood since lower educational attainment typically leads to worse employment prospects, which in turn tend to lessen access to in-work training and development opportunities; |
| --- | --- |

10.

| 11. | Is concerned by the uneven levels of digital illiteracy brought to the fore by the crisis, with many people struggling with issues of basic online data protection, cybersecurity and information literacy; highlights the particular challenge of disinformation and fake news in this regard; emphasises the importance of teaching basic digital and information literacy skills through a genuine lifelong learning approach, and underlines the need to improve access to digital skills teaching for older people and people from disadvantaged groups; calls for large-scale European digital literacy initiatives, to be anchored in the revised Digital Education Action Plan; |
| --- | --- |

11.

| 12. | Considers that the primary lesson to be learnt from the crisis is that inclusion and equal opportunities, both in terms of access and quality, must be placed at the heart of the Union’s future education and training policies; |
| --- | --- |

12.

| 13. | Underlines that the crisis has shown the need for a multi-stakeholder and co-creation approach to education policy, with teachers and trainers, learners, non-formal education and training providers, parents, businesses, civil society, trade unions and local authorities being included in both design and delivery; recalls that learning takes place across formal, non-formal and informal settings and that policymaking must be geared towards this multi-setting approach; |
| --- | --- |

13.

| 14. | Is convinced that the crisis offers an opportunity for deep reflection on the future orientation of education and training policy and its place within the broader post-pandemic recovery agenda; underlines the central role that education plays in the green and digital transitions; recalls that the European Green Deal recognises the key role of schools, training institutions and universities in driving change; |
| --- | --- |

14.

| 15. | Believes, furthermore, that now is the time to rethink and modernise curricula and learning methods and to speed up the pace of change; encourages the Member States to embrace digitalisation and innovation and build new and emerging technologies, such as artificial intelligence, blockchain, adaptive learning solutions and gamification, into their education and training systems in a smart, learner-centred way; underlines the need to study the impact of innovative technologies in education and to promote best practice examples at European level; recalls the importance of the legal and ethical principles underpinning intellectual property in the context of digital education content; stresses that the use of digital technologies should be built into education from an early age with proper adult and professional supervision and the highest standards of data and copyright protection; |
| --- | --- |

15.

| 16. | Stresses that there is no replacement for direct interaction between teachers and learners and that only in-person learning can effectively ensure the acquisition of interpersonal and social skills; considers, therefore, that while the pandemic is likely to herald a shift to a more hybrid model of education combining in-person classroom learning with e-learning solutions, in-person learning must remain at the heart of education and training; recalls the importance of the study of the humanities and believes that they are essential in complementing STEAM subjects and entrepreneurial skills; |
| --- | --- |

16.

| 17. | Considers that better cooperation and coordination among the Member States and a more ambitious Union education and training policy would have improved the effectiveness of the response to the COVID-19 crisis, and urges the Union to play a more active coordinating role going forward; |
| --- | --- |

17.

| 18. | Calls on the Commission, therefore, to propose a bold policy framework for future European education policy, transforming the European Education Area from a loose vision based on broad principles into a concrete work programme with a set of measurable objectives, including making the automatic mutual recognition of qualifications, diplomas and learning periods abroad a reality in the Union by 2025 at the latest; urges the Commission to take a similarly bold approach to the upgraded Digital Education Action Plan, shifting from a collection of disparate actions to a fully fledged digital skills and education strategy; insists that the Commission actively involve Parliament at all stages of policymaking; |
| --- | --- |

18.

| 19. | Insists that future European education policy must be built around a joined-up policy framework that ensures that relevant policy initiatives — such as the European Skills Agenda, the European Education Area, the Digital Education Action Plan, the Youth Guarantee and the Child Guarantee — are complementary and support clear overall policy aims; considers that the education dimension needs to form part of the dialogue with citizens, for example in the framework of the future Conference on the Future of Europe; |
| --- | --- |

19.

| 20. | Notes that progress towards a European Higher Education Area is considerably more advanced than similar processes in other education sectors; urges the Commission, therefore, to focus greater efforts on other education sectors, in particular early childhood education, school education, adult education, and vocational education and training, through a lifelong learning approach; |
| --- | --- |

20.

| 21. | Recalls that the Erasmus+ programme is the primary funding instrument to support the construction of the European Education Area; underlines the value of tools developed with Erasmus+ support to produce and share teaching resources, for example through e-twinning, and to develop teacher training modules, for example through the School Education Gateway; believes that such tools should be scaled up, better funded and actively promoted within the education community in order to make a real difference to online teaching and learning; recalls its support for the Erasmus+ programme to complement mobility, but not replace it, with virtual learning and cooperation tools; points to the valuable contribution made by a number of education-related pilot projects and preparatory actions (PPPAs) proposed by Parliament, and calls for successful PPPAs to be built into policy and programmes; |
| --- | --- |

21.

| 22. | Stresses, furthermore, the potential contribution of the Centres of Vocational Excellence, DiscoverEU and European Universities initiatives to the European Education Area; deplores, however, the fact that the Commission’s revised MFF proposal of May 2020 — reduced even further by the European Council in July 2020 — starves the Erasmus+ programme of the necessary funding to deliver these flagship initiatives without impacting on core parts of the programme, particularly the expansion of learning mobility opportunities and making the programme more inclusive; |
| --- | --- |

22.

| 23. | Points out that a range of Union funding programmes can support education policy; calls on the Commission to prioritise targeted investments in digital infrastructure and equipment for educational establishments and learners in order to enable distance and online learning, with specific reference to digital devices and internet access in remote and rural areas; highlights that the Connecting Europe Facility, the Recovery and Resilience Facility and the European Regional Development Fund should be used for that purpose; |
| --- | --- |

23.

| 24. | Underlines that high-quality education systems provide the foundation for the EU’s global competitiveness, and recalls that well-functioning education and training systems require high levels of public investment; highlights, in this respect, that ambitious policies without the corresponding funding in place lack credibility; deeply regrets that the programmes subject to budgetary cuts in the political agreement on the next MFF reached at the July European Council include specifically those that support education and training policies — notably Erasmus+, Horizon Europe and the European Social Fund Plus; reiterates its call for the Erasmus+ budget to be tripled compared with the budget in the 2014-2020 MFF; calls on the Member States to make ambitious use of funds available through the recovery plan to drive investment in education; encourages the Member States to significantly increase public spending on education; |
| --- | --- |

24.

| 25. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

25.

---

(1)  OJ C 428, 13.12.2017, p. 10.

(2)  Texts adopted, P9_TA(2020)0054.

(3)  Texts adopted, P8_TA(2018)0485.

(4)  OJ C 28, 27.1.2020, p. 8.

(5)  Brookings Institution, April 2020.

(6)  Digital Economy and Society Index 2019.

---

| 6.10.2021 | EN | Official Journal of the European Union | C 404/157 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/157

---

P9_TA(2020)0283

Obligations of the Commission in the field of visa reciprocity in accordance with Article 7 of Regulation (EU) 2018/1806

European Parliament resolution of 22 October 2020 on obligations of the Commission in the field of visa reciprocity in accordance with Article 7 of Regulation (EU) 2018/1806 (2020/2605(RSP))

(2021/C 404/09)

The European Parliament,

| — | having regard to Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1), in particular Article 7 thereof (‘the reciprocity mechanism’), |
| --- | --- |

—

having regard to Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1), in particular Article 7 thereof (‘the reciprocity mechanism’),

| — | having regard to its resolution of 2 March 2017 on obligations of the Commission in the field of visa reciprocity in accordance with Article 1(4) of Regulation (EC) No 539/2001) (2), |
| --- | --- |

—

having regard to its resolution of 2 March 2017 on obligations of the Commission in the field of visa reciprocity in accordance with Article 1(4) of Regulation (EC) No 539/2001) (2),

| — | having regard to the Commission communications on situations of non-reciprocity of 12 April 2016 (COM(2016)0221), 13 July 2016 (COM(2016)0481), 21 December 2016 (COM(2016)0816), 2 May 2017 (COM(2017)0227), 20 December 2017 (COM(2017)0813) and 19 December 2018 (COM(2018)0855), as well as its latest communication of 23 March 2020 entitled ‘State of play as regards the situation of non-reciprocity in the area of visa policy’ (COM(2020)0119), |
| --- | --- |

—

having regard to the Commission communications on situations of non-reciprocity of 12 April 2016 (COM(2016)0221), 13 July 2016 (COM(2016)0481), 21 December 2016 (COM(2016)0816), 2 May 2017 (COM(2017)0227), 20 December 2017 (COM(2017)0813) and 19 December 2018 (COM(2018)0855), as well as its latest communication of 23 March 2020 entitled ‘State of play as regards the situation of non-reciprocity in the area of visa policy’ (COM(2020)0119),

| — | having regard to Article 17 of the Treaty on European Union (TEU) and Articles 80, 265 and 290 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Article 17 of the Treaty on European Union (TEU) and Articles 80, 265 and 290 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to its debate on obligations in the field of visa reciprocity, held on 19 October 2020, |
| --- | --- |

—

having regard to its debate on obligations in the field of visa reciprocity, held on 19 October 2020,

| — | having regard to the question to the Commission on obligations of the Commission in the field of visa reciprocity in accordance with Article 7 of Regulation (EU) 2018/1806 (O-000049/2020 — B9-0022/2020), |
| --- | --- |

—

having regard to the question to the Commission on obligations of the Commission in the field of visa reciprocity in accordance with Article 7 of Regulation (EU) 2018/1806 (O-000049/2020 — B9-0022/2020),

| — | having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to Rules 136(5) and 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 136(5) and 132(2) of its Rules of Procedure,

| A. | whereas the criterion of visa reciprocity as one of the criteria guiding the EU’s visa policy is generally understood to imply that EU citizens should be subject to the same conditions when travelling to a third country as the nationals of that third country are when travelling to the EU; |
| --- | --- |

A.

whereas the criterion of visa reciprocity as one of the criteria guiding the EU’s visa policy is generally understood to imply that EU citizens should be subject to the same conditions when travelling to a third country as the nationals of that third country are when travelling to the EU;

| B. | whereas the purpose of the visa reciprocity mechanism is to achieve such visa reciprocity; whereas the EU’s visa policy prohibits individual Member States from introducing a visa requirement for nationals of a third country if this country is listed in Annex II to Regulation (EU) 2018/1806 (countries whose nationals are exempt from the visa requirement for short stays); |
| --- | --- |

B.

whereas the purpose of the visa reciprocity mechanism is to achieve such visa reciprocity; whereas the EU’s visa policy prohibits individual Member States from introducing a visa requirement for nationals of a third country if this country is listed in Annex II to Regulation (EU) 2018/1806 (countries whose nationals are exempt from the visa requirement for short stays);

| C. | whereas the reciprocity mechanism was revised in 2013, with Parliament acting as co-legislator, as it needed to be adapted in the light of the entry into force of the Treaty of Lisbon and of the case-law of the Court of Justice of the European Union on secondary legal bases and ‘to provide for a Union response as an act of solidarity, if a third country listed in Annex II to Regulation (EC) No 539/2001 applies a visa requirement for nationals of at least one Member State’ (Recital 1 of Regulation (EU) No 1289/2013); |
| --- | --- |

C.

whereas the reciprocity mechanism was revised in 2013, with Parliament acting as co-legislator, as it needed to be adapted in the light of the entry into force of the Treaty of Lisbon and of the case-law of the Court of Justice of the European Union on secondary legal bases and ‘to provide for a Union response as an act of solidarity, if a third country listed in Annex II to Regulation (EC) No 539/2001 applies a visa requirement for nationals of at least one Member State’ (Recital 1 of Regulation (EU) No 1289/2013);

| D. | whereas the reciprocity mechanism sets out a procedure starting with a situation of non-reciprocity with precise timeframes and actions to be taken with a view to ending a situation of non-reciprocity; whereas its inherent logic entails measures of increasing severity vis-à-vis the third country concerned, including ultimately the suspension of the exemption from the visa requirement for all nationals of the third country concerned (‘second phase of application of the reciprocity mechanism’); |
| --- | --- |

D.

whereas the reciprocity mechanism sets out a procedure starting with a situation of non-reciprocity with precise timeframes and actions to be taken with a view to ending a situation of non-reciprocity; whereas its inherent logic entails measures of increasing severity vis-à-vis the third country concerned, including ultimately the suspension of the exemption from the visa requirement for all nationals of the third country concerned (‘second phase of application of the reciprocity mechanism’);

| E. | whereas ‘in order to ensure the adequate involvement of the European Parliament and of the Council in the second phase of application of the reciprocity mechanism, given the particularly sensitive political nature of the suspension of the exemption from the visa requirement for all the nationals of a third country listed in Annex II to Regulation (EC) No 539/2001 and its horizontal implications for the Member States, the Schengen associated countries and the Union itself, in particular for their external relations and for the overall functioning of the Schengen area, the power to adopt acts in accordance with Article 290 of the Treaty of the Functioning of the European Union [was] delegated to the Commission in respect of certain elements of the reciprocity mechanism’ including the suspension of the exemption from the visa requirement for all nationals of the third country concerned; |
| --- | --- |

E.

whereas ‘in order to ensure the adequate involvement of the European Parliament and of the Council in the second phase of application of the reciprocity mechanism, given the particularly sensitive political nature of the suspension of the exemption from the visa requirement for all the nationals of a third country listed in Annex II to Regulation (EC) No 539/2001 and its horizontal implications for the Member States, the Schengen associated countries and the Union itself, in particular for their external relations and for the overall functioning of the Schengen area, the power to adopt acts in accordance with Article 290 of the Treaty of the Functioning of the European Union [was] delegated to the Commission in respect of certain elements of the reciprocity mechanism’ including the suspension of the exemption from the visa requirement for all nationals of the third country concerned;

| F. | whereas ‘the European Parliament or the Council may decide to revoke the delegation’ (Article 290(2)(a) of the TFEU); |
| --- | --- |

F.

whereas ‘the European Parliament or the Council may decide to revoke the delegation’ (Article 290(2)(a) of the TFEU);

| G. | whereas a delegated act ‘may enter into force only if no objection has been expressed by the European Parliament or the Council within a period set by the legislative act’ (Article 290(2)(b) of the TFEU); |
| --- | --- |

G.

whereas a delegated act ‘may enter into force only if no objection has been expressed by the European Parliament or the Council within a period set by the legislative act’ (Article 290(2)(b) of the TFEU);

| H. | whereas the Commission contested the choice of delegated acts in the second phase of application of the reciprocity mechanism before the Court of Justice of the European Union, and whereas the Court considered however the choice of the legislator to be correct (Case C-88/14); |
| --- | --- |

H.

whereas the Commission contested the choice of delegated acts in the second phase of application of the reciprocity mechanism before the Court of Justice of the European Union, and whereas the Court considered however the choice of the legislator to be correct (Case C-88/14);

| I. | whereas the mechanism thereby clearly assigns obligations and responsibilities to Parliament and the Council and to the Commission in the different phases of the reciprocity mechanism; |
| --- | --- |

I.

whereas the mechanism thereby clearly assigns obligations and responsibilities to Parliament and the Council and to the Commission in the different phases of the reciprocity mechanism;

| J. | whereas the issue at stake is therefore one of solidarity between EU Member States and an institutional one whereby Parliament and the Council are currently deprived of their prerogative of ‘adequate involvement [...] in the second phase of application of the reciprocity mechanism’; |
| --- | --- |

J.

whereas the issue at stake is therefore one of solidarity between EU Member States and an institutional one whereby Parliament and the Council are currently deprived of their prerogative of ‘adequate involvement [...] in the second phase of application of the reciprocity mechanism’;

| K. | whereas the Commission should not be left in a situation where its delays and refusal to implement EU legislation could lead to the weakening of its credibility as guardian of the treaties, but should be reminded of its institutional and legal obligations; |
| --- | --- |

K.

whereas the Commission should not be left in a situation where its delays and refusal to implement EU legislation could lead to the weakening of its credibility as guardian of the treaties, but should be reminded of its institutional and legal obligations;

| 1. | Repeats its consideration that the Commission is legally obliged to adopt a delegated act — temporarily suspending the exemption from the visa requirement for nationals of third countries which have not lifted the visa requirement for citizens of certain Member States — within a period of 24 months from the date of publication of the notifications in this regard, which ended on 12 April 2016; |
| --- | --- |

1.

| 2. | Calls on the Commission, on the basis of Article 265 of the TFEU, to adopt the required delegated act within two months from the date of adoption of this resolution at the latest; |
| --- | --- |

2.

| 3. | Instructs its President to forward this resolution to the Commission, the European Council, the Council and the national parliaments. |
| --- | --- |

3.

---

(1)  OJ L 303, 28.11.2018, p. 39.

(2)  OJ C 263, 25.7.2018, p. 2.

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| 6.10.2021 | EN | Official Journal of the European Union | C 404/159 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/159

---

P9_TA(2020)0284

Employment and social policies of the euro area 2020

European Parliament resolution of 22 October 2020 on the employment and social policies of the euro area 2020 (2020/2079(INI))

(2021/C 404/10)

The European Parliament,

| — | having regard to Articles 2, 3, 5 and Article 6(1) of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Articles 2, 3, 5 and Article 6(1) of the Treaty on European Union (TEU),

| — | having regard to Articles 4, 6, 9, 145, 148, 149, 151, 152, 153, 154, 155, 156, 158, 165, 166, 168, 174 and 349 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 4, 6, 9, 145, 148, 149, 151, 152, 153, 154, 155, 156, 158, 165, 166, 168, 174 and 349 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Interinstitutional Agreement of 13 April 2016 between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (1), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 13 April 2016 between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (1),

| — | having regard to the Charter of Fundamental Rights of the European Union, in particular Title IV (Solidarity) thereof, and Directive 2000/43/EC (the Racial Equality Directive), |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, in particular Title IV (Solidarity) thereof, and Directive 2000/43/EC (the Racial Equality Directive),

| — | having regard to the UN Convention on the Rights of Persons with Disabilities (CRPD), |
| --- | --- |

—

having regard to the UN Convention on the Rights of Persons with Disabilities (CRPD),

| — | having regard to the UN Sustainable Development Goals (SDGs), in particular goals 1, 3, 4, 5, 8, 10 and 13, |
| --- | --- |

—

having regard to the UN Sustainable Development Goals (SDGs), in particular goals 1, 3, 4, 5, 8, 10 and 13,

| — | having regard to Council Regulation (EU) 2020/672 of 19 May 2020 on the establishment of a European instrument for temporary support to mitigate unemployment risks in an emergency (SURE) following the COVID-19 outbreak (2), |
| --- | --- |

—

having regard to Council Regulation (EU) 2020/672 of 19 May 2020 on the establishment of a European instrument for temporary support to mitigate unemployment risks in an emergency (SURE) following the COVID-19 outbreak (2),

| — | having regard to Regulation (EU) 2020/559 of the European Parliament and of the Council of 23 April 2020 amending Regulation (EU) No 223/2014 as regards the introduction of specific measures for addressing the outbreak of COVID-19 (3), |
| --- | --- |

—

having regard to Regulation (EU) 2020/559 of the European Parliament and of the Council of 23 April 2020 amending Regulation (EU) No 223/2014 as regards the introduction of specific measures for addressing the outbreak of COVID-19 (3),

| — | having regard to the Commission communication of 2 April 2020 entitled ‘Coronavirus Response — Using every available euro in every way possible to protect lives and livelihoods’ (COM(2020)0143), |
| --- | --- |

—

having regard to the Commission communication of 2 April 2020 entitled ‘Coronavirus Response — Using every available euro in every way possible to protect lives and livelihoods’ (COM(2020)0143),

| — | having regard to Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (4), |
| --- | --- |

—

having regard to Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (4),

| — | having regard to the Commission communication of 13 March 2020 entitled ‘Coordinated economic response to the COVID-19 Outbreak’ (COM(2020)0112), |
| --- | --- |

—

having regard to the Commission communication of 13 March 2020 entitled ‘Coordinated economic response to the COVID-19 Outbreak’ (COM(2020)0112),

| — | having regard to the Joint Research Centre Technical Report entitled ‘The COVID confinement measures and EU labour markets’ published in 2020 and, in particular, its analysis of the most recent evidence available on the patterns of telework in the European Union, |
| --- | --- |

—

having regard to the Joint Research Centre Technical Report entitled ‘The COVID confinement measures and EU labour markets’ published in 2020 and, in particular, its analysis of the most recent evidence available on the patterns of telework in the European Union,

| — | having regard to the Commission communication of 12 June 2019 entitled ‘Deepening Europe’s Economic and Monetary Union: Taking stock four years after the Five Presidents’ Report — European Commission’s contribution to the Euro Summit on 21 June 2019’ (COM(2019)0279), |
| --- | --- |

—

having regard to the Commission communication of 12 June 2019 entitled ‘Deepening Europe’s Economic and Monetary Union: Taking stock four years after the Five Presidents’ Report — European Commission’s contribution to the Euro Summit on 21 June 2019’ (COM(2019)0279),

| — | having regard to the Five Presidents’ Report of 22 June 2015 entitled ‘Completing Europe’s Economic and Monetary Union’, |
| --- | --- |

—

having regard to the Five Presidents’ Report of 22 June 2015 entitled ‘Completing Europe’s Economic and Monetary Union’,

| — | having regard to the Commission communication of 20 May 2020 on the 2020 European Semester: Country-specific recommendations (COM(2020)0500), |
| --- | --- |

—

having regard to the Commission communication of 20 May 2020 on the 2020 European Semester: Country-specific recommendations (COM(2020)0500),

| — | having regard to the Commission communication on the activation of the general escape clause of the Stability and Growth Pact (COM(2020)0123) and the subsequent Council decision thereon of 23 March 2020, |
| --- | --- |

—

having regard to the Commission communication on the activation of the general escape clause of the Stability and Growth Pact (COM(2020)0123) and the subsequent Council decision thereon of 23 March 2020,

| — | having regard to the Commission proposal of 26 February 2020 for a Council decision on guidelines for the employment policies of the Member States (COM(2020)0070), |
| --- | --- |

—

having regard to the Commission proposal of 26 February 2020 for a Council decision on guidelines for the employment policies of the Member States (COM(2020)0070),

| — | having regard to the Commission proposal of 22 November 2017 for a Council decision on guidelines for the employment policies of the Member States (COM(2017)0677), and to Parliament’s position thereon of 19 April 2018 (5), |
| --- | --- |

—

having regard to the Commission proposal of 22 November 2017 for a Council decision on guidelines for the employment policies of the Member States (COM(2017)0677), and to Parliament’s position thereon of 19 April 2018 (5),

| — | having regard to Council Decision (EU) 2019/1181 of 8 July 2019 on guidelines for the employment policies of the Member States (6), |
| --- | --- |

—

having regard to Council Decision (EU) 2019/1181 of 8 July 2019 on guidelines for the employment policies of the Member States (6),

| — | having regard to the Commission communication of 17 December 2019 on the Annual Sustainable Growth Strategy 2020 (COM(2019)0650), |
| --- | --- |

—

having regard to the Commission communication of 17 December 2019 on the Annual Sustainable Growth Strategy 2020 (COM(2019)0650),

| — | having regard to the proposal for a joint employment report from the Commission and the Council of 17 December 2019 accompanying the communication on the Annual Sustainable Growth Strategy 2020 (COM(2019)0653), |
| --- | --- |

—

having regard to the proposal for a joint employment report from the Commission and the Council of 17 December 2019 accompanying the communication on the Annual Sustainable Growth Strategy 2020 (COM(2019)0653),

| — | having regard to the Commission recommendation of 17 December 2019 for a Council recommendation on the economic policy of the euro area (COM(2019)0652), |
| --- | --- |

—

having regard to the Commission recommendation of 17 December 2019 for a Council recommendation on the economic policy of the euro area (COM(2019)0652),

| — | having regard to the Commission report of 17 December 2019 entitled ‘Alert Mechanism Report 2020’ (COM(2019)0651), |
| --- | --- |

—

having regard to the Commission report of 17 December 2019 entitled ‘Alert Mechanism Report 2020’ (COM(2019)0651),

| — | having regard to the Commission communication of 20 November 2019 on the 2020 Draft Budgetary Plans: Overall Assessment (COM(2019)0900), |
| --- | --- |

—

having regard to the Commission communication of 20 November 2019 on the 2020 Draft Budgetary Plans: Overall Assessment (COM(2019)0900),

| — | having regard to the political guidelines for the European Commission 2019-2024 entitled ‘A Union that strives for more — My agenda for Europe’ by Commission President Ursula von der Leyen, |
| --- | --- |

—

having regard to the political guidelines for the European Commission 2019-2024 entitled ‘A Union that strives for more — My agenda for Europe’ by Commission President Ursula von der Leyen,

| — | having regard to the announcement by the President of the European Commission, Ursula von der Leyen, in ‘A Union that strives for more: My agenda for Europe — Political Guidelines For The Next European Commission 2019-2024’: ‘to support every child in need, I will create the European child guarantee, picking up on the idea proposed by the European Parliament’, |
| --- | --- |

—

having regard to the announcement by the President of the European Commission, Ursula von der Leyen, in ‘A Union that strives for more: My agenda for Europe — Political Guidelines For The Next European Commission 2019-2024’: ‘to support every child in need, I will create the European child guarantee, picking up on the idea proposed by the European Parliament’,

| — | having regard to the Commission communication of 26 April 2017 entitled ‘Establishing a European Pillar of Social Rights’ (COM(2017)0250), and in particular Principle 11, reinforcing the importance of promoting children’s rights, |
| --- | --- |

—

having regard to the Commission communication of 26 April 2017 entitled ‘Establishing a European Pillar of Social Rights’ (COM(2017)0250), and in particular Principle 11, reinforcing the importance of promoting children’s rights,

| — | having regard to the European Council conclusions of 8 June 2020 on ‘Demographic challenges — the way ahead’ (7), |
| --- | --- |

—

having regard to the European Council conclusions of 8 June 2020 on ‘Demographic challenges — the way ahead’ (7),

| — | having regard to Council conclusions of 20 June 2011 on the reconciliation of work and family life in the context of demographic change (11841/11), |
| --- | --- |

—

having regard to Council conclusions of 20 June 2011 on the reconciliation of work and family life in the context of demographic change (11841/11),

| — | having regard to the Commission communication of 26 April 2017 entitled ‘An initiative to support work-life balance for working parents and carers’ (COM(2017)0252), |
| --- | --- |

—

having regard to the Commission communication of 26 April 2017 entitled ‘An initiative to support work-life balance for working parents and carers’ (COM(2017)0252),

| — | having regard to the Commission Delegated Regulation (EU) No 480/2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council (8), |
| --- | --- |

—

having regard to the Commission Delegated Regulation (EU) No 480/2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council (8),

| — | having regard to the Commission proposal for a Council recommendation of 13 March 2018 on access to social protection for workers and the self-employed (COM(2018)0132), |
| --- | --- |

—

having regard to the Commission proposal for a Council recommendation of 13 March 2018 on access to social protection for workers and the self-employed (COM(2018)0132),

| — | having regard to the Commission’s Social Investment Package of 2013, detailed in its communication entitled ‘Towards Social Investment for Growth and Cohesion — including implementing the European Social Fund 2014-2020’ (COM(2013)0083), |
| --- | --- |

—

having regard to the Commission’s Social Investment Package of 2013, detailed in its communication entitled ‘Towards Social Investment for Growth and Cohesion — including implementing the European Social Fund 2014-2020’ (COM(2013)0083),

| — | having regard to the Commission communication of 5 April 2011 entitled ‘An EU Framework for Roma integration strategies up to 2020’ (COM(2011)0173) and to its subsequent implementation and evaluation reports, |
| --- | --- |

—

having regard to the Commission communication of 5 April 2011 entitled ‘An EU Framework for Roma integration strategies up to 2020’ (COM(2011)0173) and to its subsequent implementation and evaluation reports,

| — | having regard to the Commission recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market (9), |
| --- | --- |

—

having regard to the Commission recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market (9),

| — | having regard to Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (10), |
| --- | --- |

—

having regard to Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (10),

| — | having regard to the Commission staff working document of 26 April 2017 entitled ‘Taking stock of the 2013 Recommendation on “Investing in children: breaking the cycle of disadvantage”’ (SWD(2017)0258), |
| --- | --- |

—

having regard to the Commission staff working document of 26 April 2017 entitled ‘Taking stock of the 2013 Recommendation on “Investing in children: breaking the cycle of disadvantage”’ (SWD(2017)0258),

| — | having regard to the Commission’s Strategic Engagement for Gender Equality 2016-2019, and to the European Pact for Gender Equality 2011-2020 and the Council conclusions thereon of 7 March 2011 (11) and the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152), |
| --- | --- |

—

having regard to the Commission’s Strategic Engagement for Gender Equality 2016-2019, and to the European Pact for Gender Equality 2011-2020 and the Council conclusions thereon of 7 March 2011 (11) and the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),

| — | having regard to the Commission report of 29 May 2013 entitled ‘Barcelona objectives -The development of childcare facilities for young children in Europe with a view to sustainable and inclusive growth’ (COM(2013)0322), |
| --- | --- |

—

having regard to the Commission report of 29 May 2013 entitled ‘Barcelona objectives -The development of childcare facilities for young children in Europe with a view to sustainable and inclusive growth’ (COM(2013)0322),

| — | having regard to the 2002 Barcelona childcare targets, namely to provide childcare, by 2010, to at least 90 % of children between three years old and the mandatory school age, and to at least 33 % of children under three years of age, |
| --- | --- |

—

having regard to the 2002 Barcelona childcare targets, namely to provide childcare, by 2010, to at least 90 % of children between three years old and the mandatory school age, and to at least 33 % of children under three years of age,

| — | having regard to the Commission communication of 4 October 2016 entitled ‘The Youth Guarantee and Youth Employment Initiative three years on’ (COM(2016)0646), |
| --- | --- |

—

having regard to the Commission communication of 4 October 2016 entitled ‘The Youth Guarantee and Youth Employment Initiative three years on’ (COM(2016)0646),

| — | having regard to the Commission communication of 14 September 2016 entitled ‘Strengthening European Investments for jobs and growth: Towards a second phase of the European Fund for Strategic Investments and a new European External Investment Plan’ (COM(2016)0581), |
| --- | --- |

—

having regard to the Commission communication of 14 September 2016 entitled ‘Strengthening European Investments for jobs and growth: Towards a second phase of the European Fund for Strategic Investments and a new European External Investment Plan’ (COM(2016)0581),

| — | having regard to the Commission communication of 10 June 2016 entitled ‘A new skills agenda for Europe — Working together to strengthen human capital, employability and competitiveness’ (COM(2016)0381), |
| --- | --- |

—

having regard to the Commission communication of 10 June 2016 entitled ‘A new skills agenda for Europe — Working together to strengthen human capital, employability and competitiveness’ (COM(2016)0381),

| — | having regard to the Commission communication of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’ (COM(2020)0274), |
| --- | --- |

—

having regard to the Commission communication of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’ (COM(2020)0274),

| — | having regard to the Commission communication of 2 June 2016 entitled ‘A European agenda for the collaborative economy’ (COM(2016)0356), |
| --- | --- |

—

having regard to the Commission communication of 2 June 2016 entitled ‘A European agenda for the collaborative economy’ (COM(2016)0356),

| — | having regard to the Circular Economy Package (Directives (EU) 2018/849 (12), (EU) 2018/850 (13), (EU) 2018/851 (14) and (EU) 2018/852 (15)), |
| --- | --- |

—

having regard to the Circular Economy Package (Directives (EU) 2018/849 (12), (EU) 2018/850 (13), (EU) 2018/851 (14) and (EU) 2018/852 (15)),

| — | having regard to the Commission communication of 1 June 2016 entitled ‘Europe investing again — Taking stock of the Investment Plan for Europe and next steps’ (COM(2016)0359), |
| --- | --- |

—

having regard to the Commission communication of 1 June 2016 entitled ‘Europe investing again — Taking stock of the Investment Plan for Europe and next steps’ (COM(2016)0359),

| — | having regard to the Commission white paper of 16 February 2012 entitled ‘An Agenda for Adequate, Safe and Sustainable Pensions’ (COM(2012)0055), |
| --- | --- |

—

having regard to the Commission white paper of 16 February 2012 entitled ‘An Agenda for Adequate, Safe and Sustainable Pensions’ (COM(2012)0055),

| — | having regard to the Commission communication of 20 October 2009 entitled ‘Solidarity in Health: Reducing Health Inequalities in the EU’ (COM(2009)0567), |
| --- | --- |

—

having regard to the Commission communication of 20 October 2009 entitled ‘Solidarity in Health: Reducing Health Inequalities in the EU’ (COM(2009)0567),

| — | having regard to the Council conclusions of 7 December 2015 on the promotion of the social economy as a key driver of economic and social development in Europe (15071/15), |
| --- | --- |

—

having regard to the Council conclusions of 7 December 2015 on the promotion of the social economy as a key driver of economic and social development in Europe (15071/15),

| — | having regard to its resolution of 10 October 2019 on employment and social policies of the euro area (16), |
| --- | --- |

—

having regard to its resolution of 10 October 2019 on employment and social policies of the euro area (16),

| — | having regard to its resolution of 13 March 2019 on the European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2019 (17), |
| --- | --- |

—

having regard to its resolution of 13 March 2019 on the European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2019 (17),

| — | having regard to its resolution of 11 December 2018 on education in the digital era: challenges, opportunities and lessons for EU policy design (18), |
| --- | --- |

—

having regard to its resolution of 11 December 2018 on education in the digital era: challenges, opportunities and lessons for EU policy design (18),

| — | having regard to its resolution of 11 September 2018 on pathways for the reintegration of workers recovering from injury and illness into quality employment (19), |
| --- | --- |

—

having regard to its resolution of 11 September 2018 on pathways for the reintegration of workers recovering from injury and illness into quality employment (19),

| — | having regard to its resolution of 16 November 2017 on combating inequalities as a lever to boost job creation and growth (20), |
| --- | --- |

—

having regard to its resolution of 16 November 2017 on combating inequalities as a lever to boost job creation and growth (20),

| — | having regard to its resolution of 24 October 2017 on minimum income policies as a tool for fighting poverty (21), |
| --- | --- |

—

having regard to its resolution of 24 October 2017 on minimum income policies as a tool for fighting poverty (21),

| — | having regard to its resolution of 14 September 2017 on a new skills agenda for Europe (22), |
| --- | --- |

—

having regard to its resolution of 14 September 2017 on a new skills agenda for Europe (22),

| — | having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights (23), |
| --- | --- |

—

having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights (23),

| — | having regard to its resolution of 26 May 2016 on poverty: a gender perspective (24), |
| --- | --- |

—

having regard to its resolution of 26 May 2016 on poverty: a gender perspective (24),

| — | having regard to its position of 2 February 2016 on the proposal for a decision of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work (25), |
| --- | --- |

—

having regard to its position of 2 February 2016 on the proposal for a decision of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work (25),

| — | having regard to its resolution of 25 November 2015 on the EU Strategic Framework on Health and Safety at Work 2014-2020 (26), |
| --- | --- |

—

having regard to its resolution of 25 November 2015 on the EU Strategic Framework on Health and Safety at Work 2014-2020 (26),

| — | having regard to the initiative by the OECD and the European Commission on the ‘State of Health in the EU’ and to the related report ‘Health at a glance: Europe 2018’, |
| --- | --- |

—

having regard to the initiative by the OECD and the European Commission on the ‘State of Health in the EU’ and to the related report ‘Health at a glance: Europe 2018’,

| — | having regard to the Commission’s 2018 Pension Adequacy Report: Current and future income adequacy in old age in the EU, published on 26 April 2018, |
| --- | --- |

—

having regard to the Commission’s 2018 Pension Adequacy Report: Current and future income adequacy in old age in the EU, published on 26 April 2018,

| — | having regard to the Commission’s 2018 Ageing Report: Economic and Budgetary Projections for the EU Member States (2016-2070), published on 28 May 2018, |
| --- | --- |

—

having regard to the Commission’s 2018 Ageing Report: Economic and Budgetary Projections for the EU Member States (2016-2070), published on 28 May 2018,

| — | having regard to the revised European Social Charter and the Turin Process, launched in 2014 with the aim of strengthening the treaty system of the European Social Charter within the Council of Europe and in its relationship with the law of the European Union, |
| --- | --- |

—

having regard to the revised European Social Charter and the Turin Process, launched in 2014 with the aim of strengthening the treaty system of the European Social Charter within the Council of Europe and in its relationship with the law of the European Union,

| — | having regard to its resolution of 8 March 2011 on reducing health inequalities in the EU (27), |
| --- | --- |

—

having regard to its resolution of 8 March 2011 on reducing health inequalities in the EU (27),

| — | having regard to its resolution of 10 July 2020 on the EU’s public health strategy post-COVID-19 (28), |
| --- | --- |

—

having regard to its resolution of 10 July 2020 on the EU’s public health strategy post-COVID-19 (28),

| — | having regard to the concluding observations of the UN Committee on the Rights of Persons with Disabilities of September 2015 on the initial report of the European Union to the Committee of June 2014, |
| --- | --- |

—

having regard to the concluding observations of the UN Committee on the Rights of Persons with Disabilities of September 2015 on the initial report of the European Union to the Committee of June 2014,

| — | having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (the Equal Treatment Directive) (29), and to Article 141 of the Treaty establishing the European Community (1992), regarding the principle of equal pay for equal work or work of equal value, |
| --- | --- |

—

having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (the Equal Treatment Directive) (29), and to Article 141 of the Treaty establishing the European Community (1992), regarding the principle of equal pay for equal work or work of equal value,

| — | having regard to the Commission report on equality between women and men 2014, |
| --- | --- |

—

having regard to the Commission report on equality between women and men 2014,

| — | having regard to the EU Youth Strategy for 2019-2027, based on the Council resolution of 26 November 2018, and to the Europe 2020 target of reducing early leaving from education and training to less than 10 %, |
| --- | --- |

—

having regard to the EU Youth Strategy for 2019-2027, based on the Council resolution of 26 November 2018, and to the Europe 2020 target of reducing early leaving from education and training to less than 10 %,

| — | having regard to the Commission’s ‘Feasibility Study for a Child Guarantee — final report’ of March 2020, |
| --- | --- |

—

having regard to the Commission’s ‘Feasibility Study for a Child Guarantee — final report’ of March 2020,

| — | having regard to the European Court of Auditors’ Special Report No 5/2017 of April 2017 entitled ‘Youth unemployment — have EU policies made a difference? An assessment of the Youth Guarantee and the Youth Employment Initiative’, |
| --- | --- |

—

having regard to the European Court of Auditors’ Special Report No 5/2017 of April 2017 entitled ‘Youth unemployment — have EU policies made a difference? An assessment of the Youth Guarantee and the Youth Employment Initiative’,

| — | having regard to the Commission communication of 1 July 2020 entitled ‘Youth Employment Support: a bridge to jobs for the next generation’ COM(2020)0276), |
| --- | --- |

—

having regard to the Commission communication of 1 July 2020 entitled ‘Youth Employment Support: a bridge to jobs for the next generation’ COM(2020)0276),

| — | having regard to Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (the European Accessibility Act) (30), |
| --- | --- |

—

having regard to Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (the European Accessibility Act) (30),

| — | having regard to the Commission’s Spring 2020 European Economic Forecast, |
| --- | --- |

—

having regard to the Commission’s Spring 2020 European Economic Forecast,

| — | having regard to the European Social Policy network study entitled ‘In-work poverty in Europe: A study of national policies’ published in May 2019’, |
| --- | --- |

—

having regard to the European Social Policy network study entitled ‘In-work poverty in Europe: A study of national policies’ published in May 2019’,

| — | having regard to the Council recommendation of 2018 on access to social protection for workers and the self-employed (14582/18), |
| --- | --- |

—

having regard to the Council recommendation of 2018 on access to social protection for workers and the self-employed (14582/18),

| — | having regard to Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (31), |
| --- | --- |

—

having regard to Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (31),

| — | having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (32), |
| --- | --- |

—

having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (32),

| — | having regard to the Commission's Economic Forecast Summer 2020, |
| --- | --- |

—

having regard to the Commission's Economic Forecast Summer 2020,

| — | having regard to the Commission Staff Working Document entitled ‘Identifying Europe’s recovery needs’ (SWD(2020)0098), |
| --- | --- |

—

having regard to the Commission Staff Working Document entitled ‘Identifying Europe’s recovery needs’ (SWD(2020)0098),

| — | having regard to the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes of 18 February 2020 (6129/20), |
| --- | --- |

—

having regard to the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes of 18 February 2020 (6129/20),

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs (A9-0183/2020), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A9-0183/2020),

| A. | whereas the EU has entered the deepest economic recession in its history, with economic activity in Europe dropping at an unusually fast speed; whereas according to the Summer 2020 Economic forecast, EU GDP is forecast to contract by about 8,3 % and the euro area by 8,7 % in 2020; |
| --- | --- |

A.

whereas the EU has entered the deepest economic recession in its history, with economic activity in Europe dropping at an unusually fast speed; whereas according to the Summer 2020 Economic forecast, EU GDP is forecast to contract by about 8,3 % and the euro area by 8,7 % in 2020;

| B. | whereas the COVID-19 crisis produced a symmetric shock affecting all Member States, though the impact of the crisis is set to be uneven, having a stronger impact on the more than 109 million people who were already at risk of poverty before the pandemic; whereas the crisis has put social protection systems under severe pressure to mitigate the social impact of the crisis and ensure decent living conditions for all, as well as access to essential services such as health, education and housing; whereas the COVID-19 crisis is likely to increase existing inequalities, and requires a coordinated European response ensuring social and territorial cohesion; |
| --- | --- |

B.

whereas the COVID-19 crisis produced a symmetric shock affecting all Member States, though the impact of the crisis is set to be uneven, having a stronger impact on the more than 109 million people who were already at risk of poverty before the pandemic; whereas the crisis has put social protection systems under severe pressure to mitigate the social impact of the crisis and ensure decent living conditions for all, as well as access to essential services such as health, education and housing; whereas the COVID-19 crisis is likely to increase existing inequalities, and requires a coordinated European response ensuring social and territorial cohesion;

| C. | whereas the current crisis also entails a risk of widening regional and territorial disparities across and within Member States; |
| --- | --- |

C.

whereas the current crisis also entails a risk of widening regional and territorial disparities across and within Member States;

| D. | whereas effective European economic, social and health policy coordination with the European Semester and the European Pillar of Social Rights at its core is crucial for mitigating the effects of the crisis and ensuring a recovery which is economically innovative, socially fair and environmentally responsible; whereas greater involvement of Parliament strengthens the democratic oversight of the Semester; |
| --- | --- |

D.

whereas effective European economic, social and health policy coordination with the European Semester and the European Pillar of Social Rights at its core is crucial for mitigating the effects of the crisis and ensuring a recovery which is economically innovative, socially fair and environmentally responsible; whereas greater involvement of Parliament strengthens the democratic oversight of the Semester;

| E. | whereas the Council decision of 23 March 2020 activated the general escape clause of the Stability and Growth Pact allowing for the flexibility needed to take all necessary measures to support the economies and health systems; whereas social investments are essential to ensuring sustainable development, poverty eradication and inclusive societies; |
| --- | --- |

E.

whereas the Council decision of 23 March 2020 activated the general escape clause of the Stability and Growth Pact allowing for the flexibility needed to take all necessary measures to support the economies and health systems; whereas social investments are essential to ensuring sustainable development, poverty eradication and inclusive societies;

| F. | whereas certain policy choices and restrictive investment in the wake of the financial and economic crisis had regrettable consequences on the level of protection provided by in some cases underfunded social and healthcare systems, which were unable to adequately reduce poverty and inequalities, and aggravated the effects of the pandemic in certain Member States; |
| --- | --- |

F.

whereas certain policy choices and restrictive investment in the wake of the financial and economic crisis had regrettable consequences on the level of protection provided by in some cases underfunded social and healthcare systems, which were unable to adequately reduce poverty and inequalities, and aggravated the effects of the pandemic in certain Member States;

| G. | whereas decisive measures and investment are needed for a speedy recovery that should focus on mitigating the economic and social effects of the pandemic, restart economic activity, foster sustainable development, the green transition, the digital transformation and implement the United Nations SDGs, the objectives of the Green Compact and the Paris Agreement, as well as the principles of the European Pillar of Social Rights (EPSR) in order to achieve more effective and stronger welfare states; |
| --- | --- |

G.

whereas decisive measures and investment are needed for a speedy recovery that should focus on mitigating the economic and social effects of the pandemic, restart economic activity, foster sustainable development, the green transition, the digital transformation and implement the United Nations SDGs, the objectives of the Green Compact and the Paris Agreement, as well as the principles of the European Pillar of Social Rights (EPSR) in order to achieve more effective and stronger welfare states;

| H. | whereas to benefit from the proposed Recovery and Resilience Facility, Member States should prepare recovery and resilience plans which should be annexed to their national reform programmes, taking into account the findings of the European Semester, as well as national energy and climate plans and just transition plans, and report on their progress in implementing the plans in the context of the European Semester; whereas Member States should establish specific social progress plans with clear targets outlining where social investment will be targeted and how the principles of the EPSR will be implemented following the adoption of the Action Plan for the implementation of the EPSR announced by the President of the European Commission; |
| --- | --- |

H.

whereas to benefit from the proposed Recovery and Resilience Facility, Member States should prepare recovery and resilience plans which should be annexed to their national reform programmes, taking into account the findings of the European Semester, as well as national energy and climate plans and just transition plans, and report on their progress in implementing the plans in the context of the European Semester; whereas Member States should establish specific social progress plans with clear targets outlining where social investment will be targeted and how the principles of the EPSR will be implemented following the adoption of the Action Plan for the implementation of the EPSR announced by the President of the European Commission;

| I. | whereas socially sustainable reforms are those based on solidarity, integration, social justice, a fair distribution of wealth, gender equality, a high-quality public education system for all, quality employment and sustainable growth — a model that ensures equality and social protection, empowers vulnerable groups, enhances participation and citizenship and improves living standards for all; whereas reinforced social protection systems are crucial for the fight against poverty and inequalities, as well as to support inclusive and sustainable growth; |
| --- | --- |

I.

whereas socially sustainable reforms are those based on solidarity, integration, social justice, a fair distribution of wealth, gender equality, a high-quality public education system for all, quality employment and sustainable growth — a model that ensures equality and social protection, empowers vulnerable groups, enhances participation and citizenship and improves living standards for all; whereas reinforced social protection systems are crucial for the fight against poverty and inequalities, as well as to support inclusive and sustainable growth;

| J. | whereas according to the accompanying Staff Working Document ‘Identifying Europe’s recovery needs’, the most pressing social need is addressing unemployment; whereas, the Commission in this document estimates that the investment needed for social infrastructure will be EUR 192 billion; |
| --- | --- |

J.

whereas according to the accompanying Staff Working Document ‘Identifying Europe’s recovery needs’, the most pressing social need is addressing unemployment; whereas, the Commission in this document estimates that the investment needed for social infrastructure will be EUR 192 billion;

| K. | whereas the euro area unemployment rate is expected to increase from 7,5 % in 2019 to about 9,5 % in 2020, with substantial differences among Member States; whereas unemployment is set to rise unevenly across sectors, genders, age and socio-economic groups; whereas national short-time working schemes, wage subsidies and support for businesses, backed by European measures, enable jobs to be maintained and salaries to be broadly kept unchanged; whereas many jobs remain at very high risk in the medium term, and significant effort will be needed to tackle unemployment; whereas, in the future, a European unemployment reinsurance scheme could limit such differences by assisting Member States to cover the costs directly related to the creation or extension of national short-time work schemes; |
| --- | --- |

K.

whereas the euro area unemployment rate is expected to increase from 7,5 % in 2019 to about 9,5 % in 2020, with substantial differences among Member States; whereas unemployment is set to rise unevenly across sectors, genders, age and socio-economic groups; whereas national short-time working schemes, wage subsidies and support for businesses, backed by European measures, enable jobs to be maintained and salaries to be broadly kept unchanged; whereas many jobs remain at very high risk in the medium term, and significant effort will be needed to tackle unemployment; whereas, in the future, a European unemployment reinsurance scheme could limit such differences by assisting Member States to cover the costs directly related to the creation or extension of national short-time work schemes;

| L. | whereas in the first half of 2020,the euro area labour market underwent a massive deterioration caused by the COVID-19 pandemic and the measures taken to contain it; whereas the decline in employment of about 4 % in 2020 hides a more substantial deterioration in the number of hours worked, as employees in short-time work schemes are de facto unemployed but remain employed for the purposes of statistics; whereas, to be counted as unemployed, a person has to be available for the labour market, which was not possible everywhere during strict lockdowns, and many persons with only a loose connection to the labour market were also discouraged from actively seeking a job, and therefore did not count as unemployed; |
| --- | --- |

L.

whereas in the first half of 2020,the euro area labour market underwent a massive deterioration caused by the COVID-19 pandemic and the measures taken to contain it; whereas the decline in employment of about 4 % in 2020 hides a more substantial deterioration in the number of hours worked, as employees in short-time work schemes are de facto unemployed but remain employed for the purposes of statistics; whereas, to be counted as unemployed, a person has to be available for the labour market, which was not possible everywhere during strict lockdowns, and many persons with only a loose connection to the labour market were also discouraged from actively seeking a job, and therefore did not count as unemployed;

| M. | whereas the burden of this labour market deterioration is borne unevenly across labour market categories; whereas workers with precarious working conditions and contracts, including contract workers and workers employed through temporary agencies, were the first to lose their jobs; whereas often they are unable to enforce their rights, have little or no job security and social insurance protection, and face greater health and safety risks; whereas the youth unemployment rate has increased more than the overall rate, and self-employed persons have also suffered massively from the lockdowns; |
| --- | --- |

M.

whereas the burden of this labour market deterioration is borne unevenly across labour market categories; whereas workers with precarious working conditions and contracts, including contract workers and workers employed through temporary agencies, were the first to lose their jobs; whereas often they are unable to enforce their rights, have little or no job security and social insurance protection, and face greater health and safety risks; whereas the youth unemployment rate has increased more than the overall rate, and self-employed persons have also suffered massively from the lockdowns;

| N. | whereas the primary responsibility for tackling youth unemployment rests with the Member States in terms of developing and implementing labour market regulatory frameworks, education and training systems and active labour market policies; |
| --- | --- |

N.

whereas the primary responsibility for tackling youth unemployment rests with the Member States in terms of developing and implementing labour market regulatory frameworks, education and training systems and active labour market policies;

| O. | whereas according to the Summer 2020 forecast, several factors are expected to slow the labour market’s return to its pre-pandemic situation, for instance time-limited short-time work subsidy schemes; whereas in the case of a prolonged period of weak economic activity and with an increasing number of firms expected to downsize their activities or go out of business, schemes cannot fully prevent an eventual increase in unemployment; whereas the expected rise in unemployment rates across the EU may prove particularly hard to overcome in Member States where unemployment was already relatively high before the start of the pandemic, where the economic rebound is expected to be slow, or where labour markets and social safety nets lack efficiency and effectiveness; |
| --- | --- |

O.

whereas according to the Summer 2020 forecast, several factors are expected to slow the labour market’s return to its pre-pandemic situation, for instance time-limited short-time work subsidy schemes; whereas in the case of a prolonged period of weak economic activity and with an increasing number of firms expected to downsize their activities or go out of business, schemes cannot fully prevent an eventual increase in unemployment; whereas the expected rise in unemployment rates across the EU may prove particularly hard to overcome in Member States where unemployment was already relatively high before the start of the pandemic, where the economic rebound is expected to be slow, or where labour markets and social safety nets lack efficiency and effectiveness;

| P. | whereas according to Eurostat, in 2018, there were 8,3 million underemployed part-time workers in the EU-28, 7,6 million persons were available for work, but did not look for a job, and another 2,2 million persons were looking for jobs, without being able to start working within a short time period; whereas in 2018 in the EU-28 a total of 18,1 million persons experienced situations with some resemblance to unemployment; |
| --- | --- |

P.

whereas according to Eurostat, in 2018, there were 8,3 million underemployed part-time workers in the EU-28, 7,6 million persons were available for work, but did not look for a job, and another 2,2 million persons were looking for jobs, without being able to start working within a short time period; whereas in 2018 in the EU-28 a total of 18,1 million persons experienced situations with some resemblance to unemployment;

| Q. | whereas between 2002 and 2018, the EU share of middle income jobs declined by 13 percentage points; |
| --- | --- |

Q.

whereas between 2002 and 2018, the EU share of middle income jobs declined by 13 percentage points;

| R. | whereas Member States are faced with structural challenges in the labour market, such as low participation, as well as skills and qualification mismatches; whereas there is a growing need for concrete measures for the integration or re-integration of inactive workforce to meet labour market demands; |
| --- | --- |

R.

whereas Member States are faced with structural challenges in the labour market, such as low participation, as well as skills and qualification mismatches; whereas there is a growing need for concrete measures for the integration or re-integration of inactive workforce to meet labour market demands;

| S. | whereas the deterioration in the labour market situation is projected to limit increases in wages and salaries, and weakened the bargaining power of workers; whereas social dialogue and collective bargaining are key instruments for employers and trade unions to establish fair wages and working conditions, and strong collective bargaining systems increase Member States’ resilience in times of economic crisis; |
| --- | --- |

S.

whereas the deterioration in the labour market situation is projected to limit increases in wages and salaries, and weakened the bargaining power of workers; whereas social dialogue and collective bargaining are key instruments for employers and trade unions to establish fair wages and working conditions, and strong collective bargaining systems increase Member States’ resilience in times of economic crisis;

| T. | whereas the right to establish collective bargaining is an issue that concerns all European workers, with crucial implications for democracy and the rule of law, including the respect of fundamental social rights and collective bargaining; whereas collective bargaining is a European fundamental right, and European Institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights; whereas, in this context, policies that respect, promote and strengthen collective bargaining and the workers’ position in wage-setting systems play a critical role in achieving high quality working conditions; |
| --- | --- |

T.

whereas the right to establish collective bargaining is an issue that concerns all European workers, with crucial implications for democracy and the rule of law, including the respect of fundamental social rights and collective bargaining; whereas collective bargaining is a European fundamental right, and European Institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights; whereas, in this context, policies that respect, promote and strengthen collective bargaining and the workers’ position in wage-setting systems play a critical role in achieving high quality working conditions;

| U. | whereas collective bargaining coverage deteriorated in 22 of 27 Member States since 2000; whereas the average level of union membership across the European Union is around 23 %, with great differences among Member States, ranging from 74 % to 8 %; |
| --- | --- |

U.

whereas collective bargaining coverage deteriorated in 22 of 27 Member States since 2000; whereas the average level of union membership across the European Union is around 23 %, with great differences among Member States, ranging from 74 % to 8 %;

| V. | whereas wages that ensure a decent standard of living, strong collective bargaining systems, democracy at work, wage transparency, predictable working hours, flexible work arrangements, adequate social protection, and investment in public services can reduce in-work poverty, decrease health and social inequalities, and generate demand and improve health and wellbeing; |
| --- | --- |

V.

whereas wages that ensure a decent standard of living, strong collective bargaining systems, democracy at work, wage transparency, predictable working hours, flexible work arrangements, adequate social protection, and investment in public services can reduce in-work poverty, decrease health and social inequalities, and generate demand and improve health and wellbeing;

| W. | whereas the United Nations 1948 Universal Declaration of Human Rights recognises the need for workers to earn a living wage, as does the International Labour Organisation Constitution, founded in1919; whereas, according to the Eurofound definition, a living wage is the amount of income needed to provide an employee with a basic but socially acceptable standard of living; whereas minimum wages in the majority of countries remain below the poverty line; |
| --- | --- |

W.

whereas the United Nations 1948 Universal Declaration of Human Rights recognises the need for workers to earn a living wage, as does the International Labour Organisation Constitution, founded in1919; whereas, according to the Eurofound definition, a living wage is the amount of income needed to provide an employee with a basic but socially acceptable standard of living; whereas minimum wages in the majority of countries remain below the poverty line;

| X. | whereas the crisis will have a significant impact on social conditions, affecting in particular women, low income households and families, the elderly, minority and other vulnerable groups, resulting in increased inequalities, fragility, poverty, unemployment and social divergences, as well as undermining social and employment standards in Europe; whereas, among others, young people, workers with precarious working conditions, on non-standard and temporary contracts, persons with low qualifications, involuntary part-time and self-employed workers, and platform and migrant workers are at greatest risk of losing their jobs and falling into poverty; whereas many workers in essential occupations in the frontline response to the COVID-19 pandemic belong to these vulnerable categories; |
| --- | --- |

X.

whereas the crisis will have a significant impact on social conditions, affecting in particular women, low income households and families, the elderly, minority and other vulnerable groups, resulting in increased inequalities, fragility, poverty, unemployment and social divergences, as well as undermining social and employment standards in Europe; whereas, among others, young people, workers with precarious working conditions, on non-standard and temporary contracts, persons with low qualifications, involuntary part-time and self-employed workers, and platform and migrant workers are at greatest risk of losing their jobs and falling into poverty; whereas many workers in essential occupations in the frontline response to the COVID-19 pandemic belong to these vulnerable categories;

| Y. | whereas the crisis has shown that every worker is essential, and that if our societies are functioning in confinement, it is not only thanks to healthcare workers, researchers and security forces, but to a large extent also to cleaners, transport workers, supermarket cashiers, care workers, delivery workers, domestic workers, platform workers, workers in call centres, food and agricultural workers, fishermen and many others whose contributions are indispensable; whereas too often these workers have poor working conditions and low wages and in many sectors the majority of them are women; |
| --- | --- |

Y.

whereas the crisis has shown that every worker is essential, and that if our societies are functioning in confinement, it is not only thanks to healthcare workers, researchers and security forces, but to a large extent also to cleaners, transport workers, supermarket cashiers, care workers, delivery workers, domestic workers, platform workers, workers in call centres, food and agricultural workers, fishermen and many others whose contributions are indispensable; whereas too often these workers have poor working conditions and low wages and in many sectors the majority of them are women;

| Z. | whereas the pay and pension gaps between men and women remain and are likely to widen with the COVID-19 crisis; whereas across the EU, women still earn on average 16 % less than men, and the gender gap for pensions is around 37,2 % in the EU; |
| --- | --- |

Z.

whereas the pay and pension gaps between men and women remain and are likely to widen with the COVID-19 crisis; whereas across the EU, women still earn on average 16 % less than men, and the gender gap for pensions is around 37,2 % in the EU;

| AA. | whereas in the EU, workplace discrimination on the grounds of age, sex, gender identity, disability, ethnic or racial origin, religion or belief, or sexual orientation, is banned, and everyone is entitled to equal treatment in recruitment, working conditions, promotion, pay, access to training and occupational pensions; |
| --- | --- |

AA.

whereas in the EU, workplace discrimination on the grounds of age, sex, gender identity, disability, ethnic or racial origin, religion or belief, or sexual orientation, is banned, and everyone is entitled to equal treatment in recruitment, working conditions, promotion, pay, access to training and occupational pensions;

| AB. | whereas in the next decade, job polarisation is expected to grow further, and jobs in the higher and lower skills spectrum are expected to increase; whereas this trend is likely to be further reinforced by the pandemic; whereas progressive taxation is a necessary precondition for reducing overall inequality, and financing well-functioning welfare states; |
| --- | --- |

AB.

whereas in the next decade, job polarisation is expected to grow further, and jobs in the higher and lower skills spectrum are expected to increase; whereas this trend is likely to be further reinforced by the pandemic; whereas progressive taxation is a necessary precondition for reducing overall inequality, and financing well-functioning welfare states;

| AC. | whereas the world of work is undergoing transformative change driven by technological innovation, digitalisation, demographic shifts, climate change, and globalisation; whereas, in addition, the current crisis has had a huge impact on our working habits; whereas the use of digital technologies and their promotion in an inclusive way are economically and socially beneficial in the long run, can increase competitiveness and create job opportunities, but they also create challenges, such as social isolation, digital exclusion, increased inequalities, data protection, deterioration of workers' health and working conditions, as well as of the protection of their rights; whereas investment in digital skills, qualifications and formal training for adults strengthens the employability of workers, wage developments and business competitiveness; whereas the aforementioned global challenges require a just transition so as to leave no one behind; |
| --- | --- |

AC.

whereas the world of work is undergoing transformative change driven by technological innovation, digitalisation, demographic shifts, climate change, and globalisation; whereas, in addition, the current crisis has had a huge impact on our working habits; whereas the use of digital technologies and their promotion in an inclusive way are economically and socially beneficial in the long run, can increase competitiveness and create job opportunities, but they also create challenges, such as social isolation, digital exclusion, increased inequalities, data protection, deterioration of workers' health and working conditions, as well as of the protection of their rights; whereas investment in digital skills, qualifications and formal training for adults strengthens the employability of workers, wage developments and business competitiveness; whereas the aforementioned global challenges require a just transition so as to leave no one behind;

| AD. | whereas the free movement of workers is a fundamental principle of the European Union and essential to the proper functioning of the Internal Market; |
| --- | --- |

AD.

whereas the free movement of workers is a fundamental principle of the European Union and essential to the proper functioning of the Internal Market;

| AE. | whereas implementation of the 2013 EU Recommendation on investing in children has not delivered the results promised; whereas the European Semester has not sufficiently prioritised tackling child poverty and social exclusion, and EU funds have not been used as extensively or strategically as they could have; whereas the introduction of an EU child guarantee with concrete targets would be an effective way to ensure that Member States make a high-level political commitment to guaranteeing the social rights of children, in particular those in vulnerable situations, and to combating child poverty and social exclusion; |
| --- | --- |

AE.

whereas implementation of the 2013 EU Recommendation on investing in children has not delivered the results promised; whereas the European Semester has not sufficiently prioritised tackling child poverty and social exclusion, and EU funds have not been used as extensively or strategically as they could have; whereas the introduction of an EU child guarantee with concrete targets would be an effective way to ensure that Member States make a high-level political commitment to guaranteeing the social rights of children, in particular those in vulnerable situations, and to combating child poverty and social exclusion;

| AF. | whereas health inequalities are rooted in social inequalities, and are linked in particular to gender, educational standards, employment, income, housing conditions and unequal access to medical assistance, sickness prevention and health promotion services; |
| --- | --- |

AF.

whereas health inequalities are rooted in social inequalities, and are linked in particular to gender, educational standards, employment, income, housing conditions and unequal access to medical assistance, sickness prevention and health promotion services;

| AG. | whereas a high level of human health protection must be ensured in the definition and implementation of all Union policies and activities; |
| --- | --- |

AG.

whereas a high level of human health protection must be ensured in the definition and implementation of all Union policies and activities;

| AH. | whereas a variety of minimum income schemes exist in the majority of Member States in order to establish a safety net for those living at risk of poverty; |
| --- | --- |

AH.

whereas a variety of minimum income schemes exist in the majority of Member States in order to establish a safety net for those living at risk of poverty;

| AI. | whereas homelessness has increased consistently in most Member States over the past decade; whereas at least 700 000 people are homeless on any given night in the EU, 70 % more than a decade ago; whereas COVID-19 has demonstrated that homelessness is both a social and public health crisis; |
| --- | --- |

AI.

whereas homelessness has increased consistently in most Member States over the past decade; whereas at least 700 000 people are homeless on any given night in the EU, 70 % more than a decade ago; whereas COVID-19 has demonstrated that homelessness is both a social and public health crisis;

| 1. | Calls on the Commission to develop a political strategy to replace Europe 2020 which aims to eradicate poverty, bringing together key instruments such as the European Green Deal, the European Pillar of Social Rights and the European Semester with a longer-term vision of an economy of well-being and the sustainability of our environment and social models, in line with the UN SDGs; |
| --- | --- |

1.

| 2. | Takes note of the Commission’s 2020 country-specific recommendations (CSRs); expresses its concern that Member States have made limited or no progress in six out of 10 CSRs addressed to them in 2019, and that progress remains uneven across Member States and policy areas, with progress being particularly slow on broadening the tax base, as well as on health and long-term care; underlines that CSRs should be coherent with EU economic, social and environmental objectives; stresses that the implementation of CSRs is crucial for fostering social inclusion and improving social rights, and for achieving full and quality employment and a socially just transition; urges the Member States, therefore, regardless of their membership of the euro area, to better implement the recommendations, particularly those concerning employment and social issues; stresses that by learning the lessons from the previous crisis and responding to the COVID-19 economic and social crisis, the CSRs should promote labour market regulation, strengthen the resilience of our economic policies and support our public services; |
| --- | --- |

2.

| 3. | Is concerned about the devastating social effects of the COVID-19 crisis, in particular on women, low income households and families and vulnerable groups, such as the elderly, persons with disabilities, persons belonging to minorities, refugees and migrants as well as workers who are in the front line during the crisis, which further increase pre-existing inequalities and create new ones, and could threaten social and employment standards in Europe; stresses that only a decisive and coordinated European response will help offset the social consequences of the current crisis and demonstrate that the EU is an indispensable project based on social justice, solidarity and integration; calls on the Member States to fully protect the people’s social rights, and stresses the key role the Recovery Assistance for Cohesion and the Territories of Europe (REACT-EU) package must play in helping the most disadvantaged by ensuring adequate funding from the European Aid Fund for the Most Deprived (FEAD), in supporting employment, especially for youth through the European Social Fund (ESF)) as well as in fostering EU cohesion, including in the outermost regions; |
| --- | --- |

3.

| 4. | Welcomes Member States’ decision to activate the general escape clause to provide increased flexibility to take necessary measures to support the health of European citizens and civil protections systems, preserve jobs, support a robust recovery and stabilise the European social market economy; calls on Member States to make full use of this fiscal flexibility to prevent and mitigate the social consequences of the crisis, strengthen social welfare systems, finance quality jobs, public services, the fight against poverty and the green transition; welcomes the Commission's announcement of the launch of a wide public consultation with all relevant stakeholders to examine the possible directions of development of EU fiscal rules; invites Member States to participate in the discussion in order to encourage sustainable growth-enhancing social investment while maintaining fiscal sustainability; |
| --- | --- |

4.

| 5. | Stresses the importance of a sound and responsible budgetary procedure, and calls on the Member States and the Commission to boost investment in response to the health crisis, especially investment in education, social and healthcare systems; points out that the European Semester still lacks an agenda to monitor and address the increase of inequalities in Europe; urges the Commission, therefore, to better assess the distributional impact of public policies, and the imbalances in terms of income and wealth distribution, also through individual in-depth review (IDR) reports if these imbalances are detected, as a way to link economic coordination with employment and social performance; calls on the Commission to study which should be the most accurate indicators of economic inequality, and to monitor the evolution of inequalities; |
| --- | --- |

5.

| 6. | Welcomes Next Generation EU, the EU’s recovery plan; calls for a balanced approach between the green and digital transitions on the one hand, and education, social and healthcare infrastructure on the other; insists that the recovery plan must be fully in line with the European Pillar of Social Rights, and contribute to achieving the UN SDGs and the European Green Deal; calls on the Member States to make use of the general escape clause to invest in people and welfare systems, and support viable companies in difficulties in order to safeguard jobs and wages; calls for specific social progress plans to ensure more effective, equitable and stronger welfare states; demands an ambitious multiannual financial framework (MFF), strengthened by new own resources, and rejects any reduction in funding for programmes focused on cohesion, such as the ESF+; |
| --- | --- |

6.

| 7. | Stresses the importance of the implementation of the European Pillar of Social Rights (EPSR) and achieving the UN SDGs, including in the context of the European Recovery Plan, in order to ensure social fairness, social cohesion and prosperity for all; is concerned that in the current crisis welfare systems are experiencing unprecedented pressure, and that related public expenditure will exponentially increase; stresses that in order to fuel the recovery, the EU’s investment effort through the Recovery Plan and the MFF should stimulate economic growth with a strong social dimension, particularly by strengthening welfare systems and investing in stable social security systems, healthcare, education, housing, employment, culture, justice, and adequate and accessible public social services in order to combat the social impact of the crisis and eradicate poverty; |
| --- | --- |

7.

| 8. | Welcomes the Commission’s SURE proposal as an emergency measure to support Member States’ short-time work schemes for the COVID-19 crisis, and, as a result, to increase the chances of companies obtaining the liquidity necessary for resuming economic activity and safeguarding jobs; takes note of the temporary nature of the instrument; invites the Commission, therefore, to examine the possibility of a permanent special instrument to be activated — upon request by Member States — in case of any unexpected crisis that leads to a steady rise in expenditure for short-time work schemes and similar measures; |
| --- | --- |

8.

| 9. | Underlines the Commission’s commitment to mobilising the European Globalisation Adjustment Fund in response to the consequences of the COVID-19 crisis on employment; calls on the Member States, therefore, to rapidly submit to the Commission applications for funding to support European workers who have lost their jobs as a result of COVID-19, to be used for their retraining, requalification and reintegration into the labour market; |
| --- | --- |

9.

| 10. | Calls on the Commission and Member States to ensure that financial assistance is only provided to undertakings not registered in the countries listed in Annex 1 of the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes; calls on the Commission and Member States to ensure that beneficiaries comply with the fundamental values enshrined in the Treaties, and that companies receiving public financial support protect workers, guarantee decent working conditions, respect trade unions and applicable collective agreements, pay their share of taxes, and refrain from share buy backs or paying out bonuses to management or dividends to shareholders; |
| --- | --- |

10.

| 11. | Emphasises the central role of the Social Scoreboard in the European Semester; calls on the Commission to reinforce the scoreboard, reflecting all 20 principles of the EPSR, and to develop social targets, including on poverty reduction, as well as a method to integrate the social aspects of the Environmental, Social, and Governance (ESG) factors; stresses the importance of ex ante evaluations as well as thorough ex post evaluations of National Reform Programmes; |
| --- | --- |

11.

| 12. | Is concerned about impact of the COVID-19 crisis negatively affecting the European labour market, and about unprecedented job losses, especially in strategic sectors, as well as about the associated rise in poverty and divergences in living standards, which will especially affect youth, women and workers in low-skilled positions, in the informal economy and in precarious employment; recalls the President of the Commission’s announcement that an EU unemployment benefit reinsurance scheme will be presented; calls on the Member States to implement employment retention measures and promote flexible work arrangements in order to preserve jobs; calls on the Member States to adequately invest in effective active labour market policies, education, training and life-long learning, and to make full use of existing and new EU funding instruments in order to prevent long-term unemployment, especially in those regions which suffer significant demographic disadvantages, such as rural areas; urges the Member States to also create new employment opportunities, including through public investment and employment programmes, and to strengthen the role of public employment services with a special focus on helping young people, persons with disabilities and people facing discrimination to enter the labour market; |
| --- | --- |

12.

| 13. | Notes with great concern the high level of youth unemployment in a number of Member States, and the fragility of young workers’ employment contracts, particularly in sectors seriously impacted by COVID-19; calls on the Member States and the Commission to take appropriate measures to tackle youth unemployment, making full use of current and new financial instruments such as the Youth Guarantee and Erasmus+; calls for a more effective and inclusive Youth Guarantee with a special focus on quality employment with decent remuneration, in particular targeting those furthest away from the labour market; |
| --- | --- |

13.

| 14. | Calls on the Commission and Member States to ensure that the COVID-19 pandemic does not worsen the position of those groups furthest from the labour market, such as informal carers, people with long-term illnesses, disabilities, health problems or complex chronic diseases, migrants and refugees, and people from ethnic and religious minorities; |
| --- | --- |

14.

| 15. | Stresses that small and medium-sized enterprises (SMEs) play a key role in sustainable and inclusive development, economic growth and job creation in the EU; calls on the Commission and the Member States to strengthen their support for SMEs and their workers in the resumption of economic activity and the transition towards a more digital and greener economy; |
| --- | --- |

15.

| 16. | Calls on the Member States to actively promote the development of the circular and social economies, foster social innovation and social enterprises, strengthen their sustainability, and encourage forms of work which create quality job opportunities; |
| --- | --- |

16.

| 17. | Believes that in order to maintain and increase global competitiveness, the labour market regulatory framework in Member States needs to be clear, simple and flexible while maintaining high labour standards; |
| --- | --- |

17.

| 18. | Stresses that the successful implementation of the EU Recovery Plan requires a proper social dialogue at all levels with effective involvement of the social partners, the strengthening of workers’ and trade union rights, as well as collective bargaining and workers’ participation, which are fundamental tools for democracy and inclusion; calls on the Commission and Member States to support capacity building of the social partners, including through the ESF+ in order to strengthen trade union density, social dialogue, collective bargaining, and the involvement of workers in company matters, and to respect collective agreements in public procurement; calls on the Commission and Member States to also ensure that the social partners are fully involved in policy-making, including the European Semester; |
| --- | --- |

18.

| 19. | Welcomes the Commission’s second phase consultation of the social partners on an EU framework for minimum wages; notes that decent wages are important for fair working conditions and a thriving social market economy; calls on Member States to ensure decent living wages above the poverty threshold for all workers through collective agreements, or through national law; believes that strengthened collective bargaining is one of the best ways to promote decent wages within the EU; calls on the Commission to identify barriers to social dialogue within the EU, and to present a European framework for minimum wages to eliminate in-work poverty in line with national traditions and with due respect for the autonomy of national social partners and well-functioning collective bargaining models; stresses that any initiative must not harm the autonomy of the social partners or wage-setting in collective-bargaining systems; calls for a coordinated approach at EU level in order to avoid unhealthy labour cost competition, and to increase upward social convergence for all; stresses furthermore that wages should enable workers to meet their needs and those of their families, and that every worker in the Union should receive a living wage; asks the Commission, in this regard, to study how to identify what a living wage could encompass, and how it should be measured, which could serve as a reference tool for the social partners; |
| --- | --- |

19.

| 20. | Calls for access to public, solidarity-based and adequate old-age pensions for all workers and self-employed persons that is above the poverty threshold; calls on the Member States to guarantee the adequacy and sustainability of the pension systems; believes that pension system reforms should focus on the effective retirement age and reflect labour market trends, birth rates, the health and wealth situation, working conditions and the economic dependency ratio, among other aspects, and be accompanied by active ageing strategies; considers that these reforms must also take account of the situation of millions of workers in Europe, particularly women, young people and the self-employed, suffering insecure and precarious employment, periods of involuntary unemployment and reduced working time; believes that Member States should establish a constructive dialogue with the social partners and other relevant stakeholders, and allow appropriate phasing in of reforms; |
| --- | --- |

20.

| 21. | Calls on the Commission to conduct a comprehensive assessment of the working and employment conditions of frontline and essential workers, platform workers, non-standard workers and workers in precarious forms of employment, identifying the causes of their precarious situation, to present a European regulatory framework with clear and simple guidelines to ensure adequate working hours, decent working conditions for all workers, rights and universal access to social protection, and to strengthen collective bargaining coverage, combat precarious contracts, bogus self-employment, zero-hour contracts and the improper use of non-standard contracts; calls on the Commission to set strict limits on subcontracting practices, and improve social protection standards; as well as to provide guidelines for testing the employment status of independent contractors so as to combat bogus self-employment; stresses that workers subject to temporary or flexible contractual arrangements should benefit from the same protection as all other workers; |
| --- | --- |

21.

| 22. | Notes with concern the lack of adequate access to social protection systems and the lack of such access for non-standard and self-employed workers; calls on the Member States to take measures to remedy these problems, in particular by following Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed; stresses the need to make access to social protection universal, especially in the current difficult situation; |
| --- | --- |

22.

| 23. | Underlines that the recent pandemic has proved the importance of digital solutions, particularly teleworking, and the need to establish guidelines and regulations in this regard at European level; believes that properly regulated flexible working arrangements, teleworking and location-less jobs can play an important role in preserving jobs, support better work-life balance, contribute to reducing CO2 emissions related to the daily commute, enhance employment opportunities for people with disabilities, and may serve as a tool to tackle rural depopulation; calls on the Commission, therefore, to propose an EU teleworking agenda, including a legislative framework to ensure decent working conditions including respect for working hours, leave, work-life balance and the right to disconnect; stresses that special attention is needed to the situation of parents with children, single parents and informal carers providing continuous care to dependent relatives, as the COVID-19 pandemic has demonstrated these groups have had the greatest difficulty in reconciling work and family life when teleworking; underlines, therefore, the importance of appropriate childcare solutions; |
| --- | --- |

23.

| 24. | Is concerned about the working and living conditions of seasonal workers and other cross-border workers, especially in the low-wage sector; calls on the Commission and the Member States to strengthen the portability of rights and ensure fair and just working conditions for mobile, cross-border and seasonal workers in the EU; calls on the Member States to commit fully to the digitalisation of public services in order to facilitate fair labour mobility, particularly with regard to the coordination of social security systems; asks the Commission. therefore, to put forward, following a proper impact assessment, a proposal for a digital EU social security number which also has the potential of establishing a control mechanism for both individuals and relevant authorities to ensure that social security is paid in accordance with obligations; believes, moreover, that every worker must have access to a full overview of who their employers are and their own salary entitlements and working rights, either in accordance with collective agreements or national legislation where applicable; calls furthermore for EU-wide subcontractor liability in certain sectors such as agriculture and the meat industry, especially in the case of on-site work contracts, and for clear rules on subcontracting practices in general; |
| --- | --- |

24.

| 25. | States that the COVID-19 pandemic has resulted in increased health and safety risks for millions of workers; welcomes the Commission’s commitment to revise the Biological Agents Directive (2000/54/EC) with the purpose of adapting it to global pandemics and other extraordinary circumstances, and to secure the full protection of workers against the risks of exposure; calls on the Commission to present as soon as possible a new Strategic Framework for Health and Safety, a directive on work-related stress and musculoskeletal disorders, a directive on mental well-being at the workplace, and an EU mental health strategy in order to protect all workers at the workplace; calls for the role of EU-OSHA to be strengthened to promote healthy and safe workplaces across the Union; stresses that investments in occupational health and safety improve job quality and the wellbeing of workers, and contribute to the productivity and competitiveness of the European economy; |
| --- | --- |

25.

| 26. | Is concerned about limited intergenerational social mobility and increasing income inequality; points out that high levels of inequality reduce economic output and the potential for sustainable development; calls on the Commission and the Member States to tackle inequalities and fight discrimination; stresses that Member States should design their national tax and benefit systems in a way that reduces inequalities, promotes fairness, protects households and families and provides incentives for education and labour market participation while at the same time ensuring the full alignment with the United Nations SDGs and the climate and environmental objectives defined in the European Green Deal; stresses that investment in education and skills, as well as better designed tax and benefit systems, are key policy tools for reducing inequality and promoting equal opportunities; |
| --- | --- |

26.

| 27. | Calls on the Commission to meet international legal obligations in relation to children’s rights that Member States (as well as the EU as a whole in the case of some rights) are committed to upholding; calls on the Commission to present an EU child guarantee in 2020; calls for making use of all opportunities in the 2021-2027 MFF for investing in children to be taken up, and for its funds to be deployed to develop the potential added value of the EU child guarantee when combating poverty as well as harmful negative trends related to demographic change in Europe; demands the Member States to establish European and national action plans to ensure children’s access to the five key social rights — access to free healthcare, free education, free childcare, decent housing and adequate nutrition; |
| --- | --- |

27.

| 28. | Calls on the Commission to present as swiftly as possible an EU child guarantee building on the three pillar approach of the Council recommendation of 2013 on investing in children, as well as a rights-based, comprehensive and integrated anti-poverty strategy with a designated poverty reduction target, and an EU framework on national homelessness strategies by adopting the ‘Housing First’ principle, as well as a post 2020 EU Roma Strategic Framework with concrete objectives and national funding; calls on the Commission to also conduct a comparative study on the different minimum income schemes in the Member States, which provide a social protection floor and safety net for those in need, and to highlight best practice cases with a view to presenting a framework in this regard; |
| --- | --- |

28.

| 29. | Highlights the importance of the automatic stabilisation dimension of welfare systems to absorb social shock waves caused by external effects such as recessions; calls therefore on the Member States to introduce policies to re-establish employment security by providing social protection to all types of workers, including in cases of dismissals; calls also on the Member States, in view of ILO Recommendation No 202, which defines social protection floors, to ensure and increase investment in social protection systems in order to guarantee their performance in preventing and eradicating poverty and inequalities while ensuring their sustainability; |
| --- | --- |

29.

| 30. | Welcomes the fact that during the COVID-19 pandemic, many Member States have taken extraordinary measures to prevent and address homelessness by stopping evictions and providing emergency housing; urges Member States to provide access to housing and to provide sustainable, proactive and reactive solutions in order to eradicate homelessness by 2030; urges the Commission and the Member States to collect better and more harmonised data on homelessness, and to mainstream homelessness in all relevant policies; |
| --- | --- |

30.

| 31. | Calls on the Commission and the Member States to put forward specific proposals to ensure a just transition in terms of improving the energy efficiency of housing, and to adequately address the problem of energy poverty in relation to the objectives and principles of the Green Compact; |
| --- | --- |

31.

| 32. | Underlines that pay transparency is crucial in counteracting unfair wage differentials and discrimination; welcomes therefore the Commission’s intention to introduce binding pay transparency measures, which should include a male-female wage equality index and fully respect the autonomy of national social partners; urges the swift adoption of these measures in order to tackle the gender pay and pension gaps, and to avoid further gender-based inequalities and discrimination in the labour market; reiterates the need for gender mainstreaming across all budgetary and policy areas; calls on the Member States and the Commission to promote entrepreneurship among women, and facilitate access to financing for them; calls on the Member States to unblock the negotiations on the Women on Boards Directive in the Council; calls for better inclusion of maternity and parental leave periods in pension entitlements; |
| --- | --- |

32.

| 33. | Is concerned about growing discrimination and racism in Europe; calls on the Commission and Member States to strengthen the implementation of anti-discrimination legislation, policy, and practice, and to end structural discrimination against minorities in access to employment and in the workplace; calls on the Commission to present a communication on guidelines to prevent labour market segregation of minorities, including ethnic minorities, as well as on standards for discrimination-free recruitment policies for Member States and employers, including recommendations for the adoption of equality plans at company level and in sectoral collective agreements and the establishment of diversity task forces in the workplace, which should tackle stereotypes, prejudice and negative attitudes, and prevent discrimination in recruitment, promotion, pay and access to training; highlights that these equality action plans should also be used to promote ethnic and cultural diversity in the workplace, develop internal regulations against racism, related discrimination and harassment in the workplace, monitor and review recruitment, progression and retention of the workforce by equality strand in order to identify direct or indirect discriminatory practices, and to adopt corrective measures to reduce inequality in each of these areas; calls for these equality action plans to include the collection of equality data in compliance with privacy and fundamental rights standards for these purposes; |
| --- | --- |

33.

| 34. | Points out the need to fight ageism in labour markets, including by raising awareness of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, and by securing access to life-long learning opportunities through customised courses and trainings; |
| --- | --- |

34.

| 35. | Calls on Member States to provide accessible and affordable quality childcare and early education services, as well as short- and long-term care and social services, including for the elderly and people with disabilities, in order to facilitate independent living and women’s participation in the labour market; calls, in this regard, on the Member States to swiftly and fully implement the Directive on work-life balance for parents and carers; calls for the development of an EU framework for care services to set minimum standards and quality guidelines; |
| --- | --- |

35.

| 36. | Acknowledges the crucial role of European carers during the pandemic; calls for a European carers’ strategy to ensure fair labour mobility in this sector and improve working conditions for carers; |
| --- | --- |

36.

| 37. | Points out that the crisis caused by the COVID-19 pandemic has worsened the living standards of people with disabilities; calls on the Commission to put forward a comprehensive and long-term post-2020 EU Disability Strategy based on consultation of persons with disabilities and their representative family members or organisations; calls on the Commission and the Member States to take crisis-mitigation measures in line with the UN CRPD in order to ensure the protection of the rights of persons with disabilities, their full and effective participation and inclusion in society, and their equal opportunities and non-discriminatory access to goods, services and leisure activities; calls on the Commission and the Member States to also step up efforts to secure the access to the labour market for people with disabilities by removing barriers, harnessing the opportunities digital work offers and creating incentives for their employment; |
| --- | --- |

37.

| 38. | Is concerned about the stagnating proportion of early school leavers, especially among marginalised groups, and the increasing proportion of underperforming pupils; stresses that gaps in basic numeracy, literacy and digital skills are severe impediments to meaningful participation in society and the labour market; calls on the Member States to guarantee that high quality, accessible and inclusive education, training and life-long learning are a right for everyone; calls on the Commission and the Member States to step up their efforts to invest in high-quality education, vocational education and training with tailored support, strengthening requalification and retraining measures, in particular the acquisition of digital skills, and to promote lifelong learning, in order to allow the workforce to adapt to changing labour market requirements; stresses that educational outcomes are negatively affected by social exclusion, discrimination, stereotyping, poverty and segregation, which must also be addressed; calls on the Commission to carry out a comprehensive analysis of the driving factors behind early school leaving, including its social aspects, and based on this present a proposal for tackling the problem; |
| --- | --- |

38.

| 39. | Stresses that matching qualifications with skills and job opportunities, as well as the swift recognition and better certification of professional qualifications in the EU, can contribute to the creation of a well-functioning and inclusive European labour market, and that closer cooperation between education systems and businesses could contribute to this aim; calls on the Member States to make the most of digital solutions in the field of education, taking into account the rapid development of technology and future labour market needs; |
| --- | --- |

39.

| 40. | Highlights that qualifications and certified competences provide added value to workers, improving their position in the labour market, and can be transferred in labour market transitions; calls for public policy on skills to be oriented to certification and validation of qualifications and competences; stresses that skills-based compensation systems should be established in companies accessing public funds for upskilling workers in agreement with workers’ representatives, as this system would ensure that there is a return on that public investment; |
| --- | --- |

40.

| 41. | Welcomes the updated European Skills Agenda, which aims to meet the skills requirements and future challenges of the EU labour market, society and the ecological and digital transition; underlines that supporting adequate skills, with emphasis on digital skills, will improve productivity, easing the ecological and digital transition towards a greener and smarter economy; calls on the Member States to address digitalisation, automation, skills shortages and mismatches, and digital exclusion; stresses that particular attention should be focused on young people, the long-term unemployed, victims of gender violence, people with disabilities, Romani people and other groups at risk of discrimination; stresses the urgent need to establish a skills guarantee in line with the principles of the youth guarantee so that all Europeans receive good quality upskilling and reskilling opportunities; |
| --- | --- |

41.

| 42. | Highlights the need to address the social, economic and environmental determinants of health; calls for the creation of a European Health Union, the stress-testing of EU healthcare systems, minimum standards for quality healthcare, a European Health Response Mechanism, as well as strengthened EU health agencies and civil protection capacities, all based on the principles of solidarity, non-discrimination, strategic autonomy and cooperation, placing public health considerations at the core of the definition and implementation of all Union policies and activities, as enshrined in the Treaty, with systematic health impact assessment of all relevant policies and special attention to the provision of healthcare and treatment for the elderly; calls on the Member States to ensure access to high-quality people-centred and accessible healthcare, including efficient and well-resourced universal preventative care and health promotion for all; welcomes the shift in the European Semester from cost-saving to performance orientation and health outcomes for healthcare; calls on the Commission to step up its efforts to tackle inequalities in health between and within EU Member States, to develop common indicators and methodologies to monitor health and the performance of healthcare systems with a view to reducing inequalities, identifying and prioritising areas in need of improvement and increased funding; considers that the Commission should evaluate the effectiveness of measures in order to reduce health inequalities resulting from policies covering social, economic and environmental risk factors; |
| --- | --- |

42.

| 43. | Reiterates the importance of the rule of law — including independent and efficient justice systems, quality public administrations and public procurement, and robust anti-corruption frameworks — as the basis for a sound business environment, functioning labour markets and the proper use of EU funds; stresses that the assessment of the rule of law and the effectiveness of the justice system should thus continue to be included in the European Semester; calls on the Member States to ratify the revised European Social Charter; |
| --- | --- |

43.

| 44. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

44.

---

(1)  OJ L 123, 12.5.2016, p. 1.

(2)  OJ L 159, 20.5.2020, p. 1.

(3)  OJ L 130, 24.4.2020, p. 7.

(4)  OJ L 99, 31.3.2020, p. 5.

(5)  OJ C 390, 18.11.2019, p. 196.

(6)  OJ L 185, 11.7.2019, p. 44.

(7)  OJ C 205, 19.6.2020, p. 3.

(8)  OJ L 138, 13.5.2014, p. 5.

(9)  OJ L 307, 18.11.2008, p. 11.

(10)  OJ L 188, 12.7.2019, p. 79.

(11)  OJ C 155, 25.5.2011, p. 10.

(12)  OJ L 150, 14.6.2018, p. 93.

(13)  OJ L 150, 14.6.2018, p. 100.

(14)  OJ L 150, 14.6.2018, p. 109.

(15)  OJ L 150, 14.6.2018, p. 141.

(16)  Texts adopted, P9_TA(2019)0033.

(17)  Texts adopted, P8_TA(2019)0202.

(18)  OJ C 134, 24.4.2020, p. 16.

(19)  OJ C 433, 23.12.2019, p. 9.

(20)  OJ C 356, 4.10.2018, p. 89.

(21)  OJ C 346, 27.9.2018, p. 156.

(22)  OJ C 337, 20.9.2018, p. 135.

(23)  OJ C 242, 10.7.2018, p. 24.

(24)  OJ C 76, 28.2.2018, p. 93.

(25)  OJ C 35, 31.1.2018, p. 157.

(26)  OJ C 366, 27.10.2017, p. 117.

(27)  OJ C 199 E, 7.7.2012, p. 25.

(28)  Texts adopted, P9_TA(2020)0205.

(29)  OJ L 204, 26.7.2006, p. 23.

(30)  OJ L 151, 7.6.2019, p. 70.

(31)  OJ L 186, 11.7.2019, p. 105.

(32)  Texts adopted, P9_TA(2020)0176.

---

| 6.10.2021 | EN | Official Journal of the European Union | C 404/175 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/175

---

P9_TA(2020)0285

Deforestation

European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL))

(2021/C 404/11)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 192(1) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 192(1) of the Treaty on the Functioning of the European Union,

| — | having regard to the Commission Communication on Forest Law Enforcement, Governance and Trade (FLEGT) — Proposal for an EU Action Plan of 21 May 2003 (COM(2003)0251), |
| --- | --- |

—

having regard to the Commission Communication on Forest Law Enforcement, Governance and Trade (FLEGT) — Proposal for an EU Action Plan of 21 May 2003 (COM(2003)0251),

| — | having regard to Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (‘the EU Timber Regulation’ (1), |
| --- | --- |

—

having regard to Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (‘the EU Timber Regulation’ (1),

| — | having regard to Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment (2), |
| --- | --- |

—

having regard to Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment (2),

| — | having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (3), |
| --- | --- |

—

having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (3),

| — | having regard to the 2030 United Nations Sustainable Development Goals (SDGs), in particular SDG 12 concerning responsible consumption and production and SDG 15, to protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss, |
| --- | --- |

—

having regard to the 2030 United Nations Sustainable Development Goals (SDGs), in particular SDG 12 concerning responsible consumption and production and SDG 15, to protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss,

| — | having regard to the Paris Agreement reached at the 21st Conference of Parties of the United Nations Framework Convention on Climate Change (COP21), |
| --- | --- |

—

having regard to the Paris Agreement reached at the 21st Conference of Parties of the United Nations Framework Convention on Climate Change (COP21),

| — | having regard to the study on due diligence requirements through the supply chain commissioned by the Commission’s Directorate General for Justice and Consumers (2020), |
| --- | --- |

—

having regard to the study on due diligence requirements through the supply chain commissioned by the Commission’s Directorate General for Justice and Consumers (2020),

| — | having regard to the European Parliamentary Research Service (EPRS) study ‘An EU legal framework to halt and reverse EU-driven global deforestation — European added value assessment’ of September 2020 (4), |
| --- | --- |

—

having regard to the European Parliamentary Research Service (EPRS) study ‘An EU legal framework to halt and reverse EU-driven global deforestation — European added value assessment’ of September 2020 (4),

| — | having regard to the conclusions of the Council and of the Governments of the Member States sitting in the Council on the Communication on Stepping Up EU Action to Protect and Restore the World’s Forests of 16 December 2019, |
| --- | --- |

—

having regard to the conclusions of the Council and of the Governments of the Member States sitting in the Council on the Communication on Stepping Up EU Action to Protect and Restore the World’s Forests of 16 December 2019,

| — | having regard to the Amsterdam Declaration ‘Towards Eliminating Deforestation from Agricultural Commodity Chains with European Countries’ of 7 December 2015, |
| --- | --- |

—

having regard to the Amsterdam Declaration ‘Towards Eliminating Deforestation from Agricultural Commodity Chains with European Countries’ of 7 December 2015,

| — | having regard to the UN’s Programme on Reducing Emissions form Deforestation and Forest Degradation (REDD+) mechanism, |
| --- | --- |

—

having regard to the UN’s Programme on Reducing Emissions form Deforestation and Forest Degradation (REDD+) mechanism,

| — | having regard to the UN Strategic Plan for Forests 2017-2030 (UNSPF), which defines six Global Forest Goals and 26 associated targets to be achieved by 2030, |
| --- | --- |

—

having regard to the UN Strategic Plan for Forests 2017-2030 (UNSPF), which defines six Global Forest Goals and 26 associated targets to be achieved by 2030,

| — | having regard to the UN Convention to Combat Desertification, adopted on 17 June 1994, |
| --- | --- |

—

having regard to the UN Convention to Combat Desertification, adopted on 17 June 1994,

| — | having regard to the National Sustainable Commodity Platforms developed by the United Nations Development Programme (UNDP), |
| --- | --- |

—

having regard to the National Sustainable Commodity Platforms developed by the United Nations Development Programme (UNDP),

| — | having regard to the International Covenant on Civil and Political Rights of 1966, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights of 1966,

| — | having regard to the International Covenant on Economic, Social and Cultural Rights of 1966, |
| --- | --- |

—

having regard to the International Covenant on Economic, Social and Cultural Rights of 1966,

| — | having regard to the Charter of Fundamental Rights of the European Union (5); |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union (5);

| — | having regard to the American Convention on Human Rights of 1969, |
| --- | --- |

—

having regard to the American Convention on Human Rights of 1969,

| — | having regard to the African Charter on Human and Peoples’ Rights of 1987, |
| --- | --- |

—

having regard to the African Charter on Human and Peoples’ Rights of 1987,

| — | having regard to the International Labour Organisation (ILO) Convention No 169 on Indigenous and Trial Peoples of 1989, |
| --- | --- |

—

having regard to the International Labour Organisation (ILO) Convention No 169 on Indigenous and Trial Peoples of 1989,

| — | having regard to the UN Declaration on the Rights of Indigenous Peoples of 2007, |
| --- | --- |

—

having regard to the UN Declaration on the Rights of Indigenous Peoples of 2007,

| — | having regard to OECD/FAO guidelines for responsible agricultural supply chains, |
| --- | --- |

—

having regard to OECD/FAO guidelines for responsible agricultural supply chains,

| — | having regard to the FAO report — The State of the World's Forests 2020, |
| --- | --- |

—

having regard to the FAO report — The State of the World's Forests 2020,

| — | having regard to the FAO’s publication The State of the World’s Forests 2018 — Forest Pathways to Sustainable Development, FAO (2018), |
| --- | --- |

—

having regard to the FAO’s publication The State of the World’s Forests 2018 — Forest Pathways to Sustainable Development, FAO (2018),

| — | having regard to the FAO’s Global Forest Resources Assessment 2015 — FRA 2015 Desk Reference, |
| --- | --- |

—

having regard to the FAO’s Global Forest Resources Assessment 2015 — FRA 2015 Desk Reference,

| — | having regard to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) of 1973, |
| --- | --- |

—

having regard to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) of 1973,

| — | having regard to the Convention on Biological Diversity of 1992 and the associated Cartagena Protocol on Biosafety of 2000 and Nagoya Protocol and Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation of 2010, |
| --- | --- |

—

having regard to the Convention on Biological Diversity of 1992 and the associated Cartagena Protocol on Biosafety of 2000 and Nagoya Protocol and Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation of 2010,

| — | having regard to the United Nations’ Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services 2019 Global Assessment Report on Biodiversity and Ecosystem Services of 6 May 2019, |
| --- | --- |

—

having regard to the United Nations’ Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services 2019 Global Assessment Report on Biodiversity and Ecosystem Services of 6 May 2019,

| — | having regard to the UN Principles for Responsible Investment of 2006, |
| --- | --- |

—

having regard to the UN Principles for Responsible Investment of 2006,

| — | having regard to the Guiding Principles on Business and Human Rights, endorsed by the UN Human Rights Council in 2011, as well as to the OECD’s Guidelines on Multinational Enterprises, updated in 2011, |
| --- | --- |

—

having regard to the Guiding Principles on Business and Human Rights, endorsed by the UN Human Rights Council in 2011, as well as to the OECD’s Guidelines on Multinational Enterprises, updated in 2011,

| — | having regard to the United Nations’ International Panel on Climate Change Special Report on Climate Change and Land of 8 August 2019, |
| --- | --- |

—

having regard to the United Nations’ International Panel on Climate Change Special Report on Climate Change and Land of 8 August 2019,

| — | having regard to the Global Programme for Combating Wildlife and Forest Crime of the United Nations Office on Drugs and Crime (UNODC), |
| --- | --- |

—

having regard to the Global Programme for Combating Wildlife and Forest Crime of the United Nations Office on Drugs and Crime (UNODC),

| — | having regard to the Convention of Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters, adopted on 25 June 1998 in Aarhus by the United Nation Economic Commission for Europe, |
| --- | --- |

—

having regard to the Convention of Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters, adopted on 25 June 1998 in Aarhus by the United Nation Economic Commission for Europe,

| — | having regard to its resolution of 17 June 2010 on EU policies in favour of human rights defenders (6), |
| --- | --- |

—

having regard to its resolution of 17 June 2010 on EU policies in favour of human rights defenders (6),

| — | having regard to its resolution of 25 October 2016 on corporate liability for serious human rights abuses in third countries (7), |
| --- | --- |

—

having regard to its resolution of 25 October 2016 on corporate liability for serious human rights abuses in third countries (7),

| — | having regard to its resolution of 4 April 2017 on palm oil and deforestation of rainforests (8), |
| --- | --- |

—

having regard to its resolution of 4 April 2017 on palm oil and deforestation of rainforests (8),

| — | having regard to its resolution of 12 September 2017 on the impact of international trade and the EU’s trade policies on global value chains (9), |
| --- | --- |

—

having regard to its resolution of 12 September 2017 on the impact of international trade and the EU’s trade policies on global value chains (9),

| — | having regard to its resolution of 3 July 2018 on violation of the rights of indigenous peoples in the world, including land-grabbing (10), |
| --- | --- |

—

having regard to its resolution of 3 July 2018 on violation of the rights of indigenous peoples in the world, including land-grabbing (10),

| — | having regard to its resolution of 11 September 2018 on transparent and accountable management of natural resources in developing countries: the case of forests (11), |
| --- | --- |

—

having regard to its resolution of 11 September 2018 on transparent and accountable management of natural resources in developing countries: the case of forests (11),

| — | having regard to its resolution of 15 January 2020 on the European Green Deal (12), |
| --- | --- |

—

having regard to its resolution of 15 January 2020 on the European Green Deal (12),

| — | having regards to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity (13), |
| --- | --- |

—

having regards to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity (13),

| — | having regard to its resolution of 16 September 2020 on the EU’s role in protecting and restoring the world’s forests (14), |
| --- | --- |

—

having regard to its resolution of 16 September 2020 on the EU’s role in protecting and restoring the world’s forests (14),

| — | having regard to the ‘Forest pledge’ of 21 March 2019 by which many serving Members of the European Parliament pledged to promote policies to protect and restore forests worldwide and recognise and secure forest peoples’ territories and their rights, |
| --- | --- |

—

having regard to the ‘Forest pledge’ of 21 March 2019 by which many serving Members of the European Parliament pledged to promote policies to protect and restore forests worldwide and recognise and secure forest peoples’ territories and their rights,

| — | having regard to the Council conclusions of 28 June 2018 on forest law enforcement, governance and trade, |
| --- | --- |

—

having regard to the Council conclusions of 28 June 2018 on forest law enforcement, governance and trade,

| — | having regard to the Commission Communication entitled ‘Stepping up EU action to Protect and Restore the World’s Forests’ of 23 July 2019 (COM(2019)0352), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Stepping up EU action to Protect and Restore the World’s Forests’ of 23 July 2019 (COM(2019)0352),

| — | having regard to the Commission's ‘Feasibility study on options to step up EU actions against deforestation’ of January 2018, |
| --- | --- |

—

having regard to the Commission's ‘Feasibility study on options to step up EU actions against deforestation’ of January 2018,

| — | having regard to the Commission’s Communication on the European Green Deal of 11 December 2019 (COM(2019)0640), |
| --- | --- |

—

having regard to the Commission’s Communication on the European Green Deal of 11 December 2019 (COM(2019)0640),

| — | having regard to the Commission’s Communication on an EU Biodiversity Strategy for 2030 — Bringing nature back into our lives of 20 May 2020 (COM(2020)0380), |
| --- | --- |

—

having regard to the Commission’s Communication on an EU Biodiversity Strategy for 2030 — Bringing nature back into our lives of 20 May 2020 (COM(2020)0380),

| — | having regard to the Commission’s Communication on a Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system of 20 May 2020 (COM(2020)0381), |
| --- | --- |

—

having regard to the Commission’s Communication on a Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system of 20 May 2020 (COM(2020)0381),

| — | having regard to the statement from civil society representatives on the EU’s Role in Protecting Forests and Rights of April 2018, |
| --- | --- |

—

having regard to the statement from civil society representatives on the EU’s Role in Protecting Forests and Rights of April 2018,

| — | having regard to Rules 47 and 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 47 and 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on International Trade, the Committee on Development, the Committee on Industry, Research and Energy, and the Committee on Agriculture and Rural Development, |
| --- | --- |

—

having regard to the opinions of the Committee on International Trade, the Committee on Development, the Committee on Industry, Research and Energy, and the Committee on Agriculture and Rural Development,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0179/2020), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0179/2020),

| A. | whereas biologically diverse forests, being natural carbon sinks, are indispensable in the fight against climate change in line with the Paris Agreement’s goals to hold the increase in the global average temperature to well below 2 oC above pre-industrial levels and pursue efforts to limit the temperature increase to 1,5 oC above pre-industrial levels, and that the most up to date science indicates that limiting the increase to 1,5 degrees would substantially reduce harm to people and natural ecosystems as compared to the 2 degrees scenario (15), as well as for climate change adaptation and biodiversity conservation; whereas not only deforested areas, but also forests degraded by human intervention can turn into a source of carbon dioxide; |
| --- | --- |

A.

whereas biologically diverse forests, being natural carbon sinks, are indispensable in the fight against climate change in line with the Paris Agreement’s goals to hold the increase in the global average temperature to well below 2 oC above pre-industrial levels and pursue efforts to limit the temperature increase to 1,5 oC above pre-industrial levels, and that the most up to date science indicates that limiting the increase to 1,5 degrees would substantially reduce harm to people and natural ecosystems as compared to the 2 degrees scenario (15), as well as for climate change adaptation and biodiversity conservation; whereas not only deforested areas, but also forests degraded by human intervention can turn into a source of carbon dioxide;

| B. | whereas forests host 80 % of the Earth’s biodiversity and cover 30 % of its land area (16); whereas forests provide vital organic infrastructure for some of the planet's densest, most fragile and most diverse ecosystems; whereas deforestation is the most serious threat for 85 % of threatened or endangered species and 58 % of vertebrate animals have already disappeared from the surface of the globe between 1970 and 2012 due to deforestation (17); |
| --- | --- |

B.

whereas forests host 80 % of the Earth’s biodiversity and cover 30 % of its land area (16); whereas forests provide vital organic infrastructure for some of the planet's densest, most fragile and most diverse ecosystems; whereas deforestation is the most serious threat for 85 % of threatened or endangered species and 58 % of vertebrate animals have already disappeared from the surface of the globe between 1970 and 2012 due to deforestation (17);

| C. | whereas forests are a source of livelihood and income for about 25 % of the world’s population (18) and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples heavily dependent on forest ecosystems; |
| --- | --- |

C.

whereas forests are a source of livelihood and income for about 25 % of the world’s population (18) and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples heavily dependent on forest ecosystems;

| D. | whereas emissions from land-use change, mostly due to deforestation, account for approximately 12 % of global greenhouse gas (GHG) emissions and are the second biggest cause of climate change after burning coal, oil and gas (19); |
| --- | --- |

D.

whereas emissions from land-use change, mostly due to deforestation, account for approximately 12 % of global greenhouse gas (GHG) emissions and are the second biggest cause of climate change after burning coal, oil and gas (19);

| E. | whereas primary forests are particularly affected by deforestation; whereas primary forests have high carbon stocks, and are characterised by unique ecological features and biodiversity levels and therefore cannot be replaced by newly planted forests; whereas afforestation, performed in a way that is compatible with the protection and enhancement of local ecosystems, can play a role in the fight against climate change; |
| --- | --- |

E.

whereas primary forests are particularly affected by deforestation; whereas primary forests have high carbon stocks, and are characterised by unique ecological features and biodiversity levels and therefore cannot be replaced by newly planted forests; whereas afforestation, performed in a way that is compatible with the protection and enhancement of local ecosystems, can play a role in the fight against climate change;

| F. | whereas in order to help tackle the biodiversity loss and climate crises, it is essential that forests are protected and restored in such a way as to maximise their capacity for carbon storage and biodiversity protection; whereas this brings multiple benefits since it favours the growth of existing forests to their maximum carbon storage potential whilst restoring previously degraded ecosystems and allowing organic material to decompose and also protects biodiversity, as well as soil, air, land, and water; |
| --- | --- |

F.

whereas in order to help tackle the biodiversity loss and climate crises, it is essential that forests are protected and restored in such a way as to maximise their capacity for carbon storage and biodiversity protection; whereas this brings multiple benefits since it favours the growth of existing forests to their maximum carbon storage potential whilst restoring previously degraded ecosystems and allowing organic material to decompose and also protects biodiversity, as well as soil, air, land, and water;

| G. | whereas public pressure for the fulfilment of non-productive forest functions is increasing worldwide, which is often in stark disagreement with the deteriorating condition of forests; |
| --- | --- |

G.

whereas public pressure for the fulfilment of non-productive forest functions is increasing worldwide, which is often in stark disagreement with the deteriorating condition of forests;

| H. | whereas forests provide important ecosystem services to society, such as clean air, water flow regulation, carbon reduction, protection against water and wind erosion, habitats for animals and plants, restoration of degraded land, resilience to climate change; natural regulation of water flows in forests alone have been evaluated to be between 1 360 and 5 235 USD (value at 2007) (20) per hectare per year, and this ‘natural service’ is heavily impacted by deforestation; while forests and biodiversity also have an intrinsic value beyond their use value to humans, including as carbon stocks, which cannot be monetised or quantified; |
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H.

whereas forests provide important ecosystem services to society, such as clean air, water flow regulation, carbon reduction, protection against water and wind erosion, habitats for animals and plants, restoration of degraded land, resilience to climate change; natural regulation of water flows in forests alone have been evaluated to be between 1 360 and 5 235 USD (value at 2007) (20) per hectare per year, and this ‘natural service’ is heavily impacted by deforestation; while forests and biodiversity also have an intrinsic value beyond their use value to humans, including as carbon stocks, which cannot be monetised or quantified;

| I. | whereas forests have cultural, social and spiritual value for many people and peoples; |
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I.

whereas forests have cultural, social and spiritual value for many people and peoples;

| J. | whereas, while forest cover in the Union has increased over recent decades, global tree cover loss has been rising steadily over the past 18 years and in 2019 alone 3,8 million hectares of primary rainforests were destroyed (21); |
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J.

whereas, while forest cover in the Union has increased over recent decades, global tree cover loss has been rising steadily over the past 18 years and in 2019 alone 3,8 million hectares of primary rainforests were destroyed (21);

| K. | whereas deforestation, degradation and conversion of world forests exacerbates the threat posed to indigenous peoples and local communities, who are met with human rights violations, attacks and killings in response to their efforts to protect their forests, land and environments and on average more than three land and environmental defenders were murdered each week in 2018, with more than 300 people killed in resource and land-use conflicts in the Amazon region alone in the last decade (22); |
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K.

whereas deforestation, degradation and conversion of world forests exacerbates the threat posed to indigenous peoples and local communities, who are met with human rights violations, attacks and killings in response to their efforts to protect their forests, land and environments and on average more than three land and environmental defenders were murdered each week in 2018, with more than 300 people killed in resource and land-use conflicts in the Amazon region alone in the last decade (22);

| L. | whereas climate change, the worldwide loss of biodiversity, as well as the destruction and modification of natural ecosystems, including forests, have severe impacts on wildlife habitats and lead to increased contact between wild animals, humans and domesticated animals, which increases the risk of new outbreaks of epidemics and pandemics originated in wildlife; whereas the Food and Agricultural Organization (FAO) confirms that the increase in emerging infectious diseases coincides with the accelerated growth of tropical deforestation, linked in particular to the planting of oil palm or soybean (23); whereas more than two-thirds of emerging infectious diseases originate in animals, of which the overwhelming majority come from wildlife; whereas protecting and restoring biodiversity and well-functioning ecosystems is therefore key to boost our resilience and prevent the emergence and spread of future diseases; |
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L.

whereas climate change, the worldwide loss of biodiversity, as well as the destruction and modification of natural ecosystems, including forests, have severe impacts on wildlife habitats and lead to increased contact between wild animals, humans and domesticated animals, which increases the risk of new outbreaks of epidemics and pandemics originated in wildlife; whereas the Food and Agricultural Organization (FAO) confirms that the increase in emerging infectious diseases coincides with the accelerated growth of tropical deforestation, linked in particular to the planting of oil palm or soybean (23); whereas more than two-thirds of emerging infectious diseases originate in animals, of which the overwhelming majority come from wildlife; whereas protecting and restoring biodiversity and well-functioning ecosystems is therefore key to boost our resilience and prevent the emergence and spread of future diseases;

| M. | whereas water is a precious resource; whereas the absence or inadequate implementation of a legal framework on protection of water resources makes it impossible to control the use of this resource and allows for over-abstraction, pollution and water-grabbing; whereas this is detrimental to ecosystems downstream and to local communities; whereas there are cases of water-grabbing due to production of forest and ecosystem-risk commodities (24); |
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M.

whereas water is a precious resource; whereas the absence or inadequate implementation of a legal framework on protection of water resources makes it impossible to control the use of this resource and allows for over-abstraction, pollution and water-grabbing; whereas this is detrimental to ecosystems downstream and to local communities; whereas there are cases of water-grabbing due to production of forest and ecosystem-risk commodities (24);

| N. | whereas the sustainable management of forest resources and renewable raw materials as well as the use of forest lands in a way and at a rate that maintains their biodiversity, regeneration capacity, vitality and their potential to fulfil now and in the future relevant ecological, economic and social functions at local, national and global levels and that does not cause damage to other ecosystems, is an important element of the overall policy approach to stop deforestation, both at Union and global level; |
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N.

whereas the sustainable management of forest resources and renewable raw materials as well as the use of forest lands in a way and at a rate that maintains their biodiversity, regeneration capacity, vitality and their potential to fulfil now and in the future relevant ecological, economic and social functions at local, national and global levels and that does not cause damage to other ecosystems, is an important element of the overall policy approach to stop deforestation, both at Union and global level;

| O. | whereas Union consumption is estimated to contribute to at least 10 % of global deforestation; |
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O.

whereas Union consumption is estimated to contribute to at least 10 % of global deforestation;

| P. | whereas it is important to promote sustainable diets, by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; |
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P.

whereas it is important to promote sustainable diets, by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint;

General remarks

| 1. | Underlines that approximately 80 % of global deforestation is caused by the expansion of land used for agriculture (25); stresses in this context that the Commission Communication on Stepping up EU Action to Protect and Restore the World’s Forests of July 2019 recognises that Union demand for products such as palm oil, meat, soy, cocoa, maize, timber, rubber, including in the form of processed products or services, is a large driver of deforestation, forest degradation, ecosystem destruction and associated human rights violations across the globe and represents around 10 % of the global share of deforestation embodied in total final consumption (26); in addition notes that EU consumption of other commodities, such as cotton, coffee, sugar cane, rapeseed and mangrove-farmed shrimps also contributes to global deforestation. |
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1.

| 2. | Points out that global preservation of forests and preventing their degradation are some of the biggest sustainability challenges of our times, without which the objectives of the 2030 Agenda for Sustainable Development, the Paris Agreement and the Green Deal cannot be achieved; stresses that the sustainable use of forests and ecosystems in many parts of the world cannot be ensured with current policies; |
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2.

| 3. | Notes with the highest concern that in the period from 2014 to 2018, the rate of tree cover loss has increased by 43 % to an average loss of 26,1 million hectares per year, as compared to 18,3 million hectares per year in the period from 2002 to 2013; is particularly worried about the loss of primary forests as the three most recent years with available data (2016, 2017 and 2018) have registered the highest loss rates this century with deforestation rates in the Brazilian Amazon alone having increased 88 % in June 2019 compared to June 2018; points out that destruction and degradation of natural forests is not only happening in tropical areas, but all over the world, including inside the Union and in its direct neighbourhood; |
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3.

| 4. | Regrets that the global forest area is currently only 68 % of estimated pre-industrial levels, that forest cover was reduced by 290 million hectares because of land clearance and timber production between 1990 and 2015, and undisturbed forests (land areas of more than 500 km2 in which satellites do not detect any human pressure) were reduced by 7 % between 2000 and 2013 (27); |
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4.

| 5. | Notes also that habitat modification and destruction, encroaching upon natural forest areas, have severe consequences for human and animal health globally, as well as biodiversity impacts, notably the increased incidence of zoonoses (causing 50 pandemics in last 30 years), most recently the COVID-19 pandemic; |
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5.

| 6. | Notes with concern that following the tragic COVID-19 pandemic outbreak, research continues to affirm a worrying link between zoonotic diseases and deforestation, climate change and biodiversity loss; |
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6.

| 7. | Emphasises that primary forests are irreplaceable and the loss of primary forests cannot be compensated by a new forest-based approach; notes that halting deforestation and forest degradation, combined with protection of existing forests, sustainable restoration, afforestation and reforestation activities in such a way as to maximise their capacity for carbon storage and biodiversity protection, can provide livelihoods, increase income for local communities and offer economic development opportunities; stresses to this end the importance of promoting agroecology and sustainable agriculture production at global, national, regional and local levels, preventing unsustainable land use and management practices, coping with natural disturbances and mitigating climate change; |
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7.

| 8. | Stresses that the existence of large areas of forests help prevent desertification of continental regions; proposes that the protection of forests also as a moisture source receive strong consideration in development and trade policies; highlights for example that as much as 40 % of the total rainfall in the Ethiopian highlands — the main source of the Nile — is provided by moisture recycled from the forests of the Congo Basin and that halting deforestation in the region is relevant also for the issue of the climate-refugee crisis; |
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8.

| 9. | Underlines the fact that the drivers of deforestation go beyond the forest sector per se and relate to a wide range of issues, such as land tenure, weak government and law enforcement, protection of the rights of indigenous people, climate change, democracy, human rights and political freedom, consumption levels of commodities, high dependence on feed imports, agricultural policies as well as lack of public policies promoting and incentivising sustainably and legally sourced and produced commodities; recalls that indigenous women and women farmers play a central role in protecting forest ecosystems; calls on the Commission to step up its efforts to address deforestation holistically through a coherent and legally binding policy framework, while ensuring the conservation of ecosystems; believes that gender equality in forestry education is a key point in the sustainable management of forests which should be reflected in Union policies. |
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9.

| 10. | Notes that, in many countries, deforestation is due to the lack of appropriate policies (such as land-use planning), unclear ownership relationships and other land rights, poor governance and law enforcement, illegal activities and insufficient investment in sustainable forest management; |
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10.

| 11. | Notes that the European Parliament has adopted, since December 2015, 40 objections to the import of genetically modified (GM) food and feed, of which 11 were to GM soy imports; recalls that one of the reasons for objecting to these imports was the deforestation associated with their cultivation in countries such as Brazil and Argentina, where the soy is almost exclusively genetically modified to be used with pesticides; notes that a recent peer-reviewed scientific study by researchers across the Union found that the Union has the largest carbon footprint in the world due to its soy imports from Brazil, 13,8 % larger than such imports to China, the largest soy importer worldwide; notes that this large Union carbon footprint is due to its share of emissions from embodied deforestation (28); notes further that, according to the Commission, soy has historically been the Union’s number one contributor to global deforestation and related emissions, accounting for nearly half of the deforestation embodied in all Union imports (29); |
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11.

| 12. | Draws attention to how the production of GMOs is a key driver of deforestation, particularly in Brazil and Argentina, and believes that the importation of GMOs into the Union should be ended; recalls that meat consumption, even within the Union, contributes to deforestation outside the Union by way of increasing demand for cheap GMO animal feed, particularly imports of GM soybean; |
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12.

| 13. | Notes that the conversion of pastures and agricultural land originally used for food and feed production to land for the production of biomass fuels (indirect change in land use) can also have a negative impact on forests; |
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13.

Voluntary third-party certification and labels

| 14. | Welcomes business’ growing awareness of the problem of global deforestation, forest degradation and ecosystem destruction, the need for corporate action and corresponding commitments as well as increasing calls for transparent, consistent, uniform, sound and enforceable requirements for sustainable supply chains, including a reduced demand for forest-risk commodities; notes that some operators have embraced the 2014 New York Declaration on Forests and have taken action to address deforestation, but regrettably these often lack ambition, only cover parts of the supply chain and are not designed to deal with multiple interconnected deforestation drivers (30), therefore do not deliver on their sustainability claims and the announced commitments; emphasises, in this regard, that companies’ voluntary anti-deforestation commitments have not yet been sufficient to halt global deforestation; |
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14.

| 15. | Points out that third-party certification schemes have played an important role in bringing together business and civil society to develop a common understanding of the problem of deforestation; observes, however, that while voluntary third-party certification schemes have contributed to developing good practices, these schemes alone cannot halt and reverse global deforestation and ecosystem degradation and should only be complementary to binding measures; notes that voluntary third-party certification can be an auxiliary tool to assess and mitigate deforestation risks when designed and fully implemented with regard to well-defined, measurable and ambitious sustainability criteria it is based on, the robustness of the certification and accreditation process, independent monitoring and compliance mechanisms, possibilities to monitor the supply chain and sound requirements to protect primary forests and other natural forests and promote sustainable forest management; |
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15.

| 16. | Notes that third-party certification and labels alone are not effective in preventing forest and ecosystem-risk commodities and products from entering the Union internal market; therefore emphasises that third-party certification can only be complementary to, but cannot replace, operators’ thorough mandatory due diligence processes which also ensure their social and environmental liability in accordance with the ‘polluter pays’ principle enshrined in Article 191 TFEU; |
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16.

| 17. | Is concerned that the multitude of existing certification schemes and labels leads to consumers’ confusion and impairs their chances to make an informed choice; underlines in this regard the harmonisation of the obligation to provide information should be considered; |
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17.

| 18. | Underlines that a policy measure that is dependent solely on consumer choice unduly shifts the responsibility to purchase deforestation-free products to consumers, which is insufficient in its effectiveness to mainstream more sustainable production; believes that consumer information on deforestation-free products may be a powerful tool to complement a legal framework on due diligence and to address the demand side of this topic; urges the Commission to further integrate deforestation considerations within the EU Ecolabel, Green Public Procurement (GPP) and other initiatives in the context of the circular economy as part of a comprehensive set of actions and initiatives to ensure deforestation-free supply chains; moreover calls on the Commission to include risk of deforestation and ecosystem degradation among the criteria of the green claims in the Directive 2005/29/EC of the European Parliament and of the Council (31) and to set up an EU pre-approval scheme to authorise the use of green claims; |
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18.

| 19. | Notes that so far there are no rules in place that prohibit placing on the Union market products that contributed to the destruction of forests; remarks that even timber logged that has been legally in accordance with the law of the country of origin can contribute to deforestation and can still enjoy free access to the Union market; notes that, therefore, consumers of many forest and ecosystem-risk commodities in the Union have no guarantee that these products did not contribute to deforestation and that consequently consumers blamelessly, unwillingly and unknowingly drive deforestation; |
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19.

| 20. | Notes that the criteria for what constitutes a ‘deforestation-free’ commodity or products underpinning certification schemes have not always been comprehensive enough, as they sometimes only cover some of a product's relevant ingredients, only parts of a product’s life-cycle, or use an insufficient definition of ‘deforestation-free’, which can lead to label-shopping by companies and water down the ambition of certification in general; |
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20.

Mandatory rules based on due diligence

| 21. | Welcomes, in this regard, the calls from a number of companies to introduce Union rules for mandatory due diligence in the supply chains of forest risk commodities; |
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21.

| 22. | Recalls its resolution of 15 January 2020 on the European Green Deal, and its demand to the Commission to present, without delay, a proposal for an EU legal framework based on due diligence to ensure sustainable and deforestation-free supply chains for products placed on the Union market, with a particular focus on tackling the main drivers of imported deforestation and instead encouraging imports that do not create deforestation abroad, taking into account the economic importance of commodity export for developing countries, especially for smallholders, and taking into consideration feedback from all stakeholders, especially SMEs; |
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22.

| 23. | Recalls that in its Communication on Deforestation of 2008, the Commission set the objective of halting global forest cover loss by 2030 at the latest and reducing gross tropical deforestation by at least 50 % by 2020, warns that the second objective will almost certainly not be achieved; |
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23.

| 24. | Welcomes the intention of the Commission to tackle global deforestation and forest degradation but asks for a more ambitious policy approach; calls on the Commission to present a proposal, accompanied by an impact assessment, for an EU legal framework based on mandatory due diligence, reporting, disclosure and third party participation requirements, as well as liability and penalties in case of breaches of obligations for all companies placing for the first time on the Union market commodities entailing forest and ecosystem risks and products derived from these commodities, and access to justice and remedy for victims of breaches of these obligations; that traceability obligations should be placed on traders on the Union market, in particular regarding the identification of the origin of the commodities and products derived thereof at the moment they are placed on the Union internal market, to ensure sustainable and deforestation-free value chains, as laid down in the Annex to this resolution; emphasises that the same legal framework should also apply to all financial institutions authorised to operate in the Union that are providing money to companies that harvest, extract, produce, process or trade forest and ecosystem-risk commodities and derived products; |
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24.

| 25. | Believes that the Union needs to ensure that it only promotes global supply chains and financial flows which are sustainable and deforestation-free and which do not result in human rights violations; is convinced that mandatory sustainability rules enacted in a large market, such as the Union market, have the potential of steering global production practices towards more sustainable ones; |
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25.

| 26. | Points out that forest and ecosystem-risk commodities covered by this EU legal framework should be determined on the basis of objective, transparent and science-based considerations that such commodities are associated with the destruction and degradation of forests and high-carbon stock and biodiversity-rich ecosystems, as well as for the rights of indigenous people and human rights in general; |
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26.

| 27. | Emphasises that such an EU legal framework should not only guarantee the legality of harvesting, production, extraction and processing of forest and ecosystem-risk commodities and derived products in the country of origin, but also the sustainability of their harvesting, production, extraction and processing; |
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27.

| 28. | Emphasises that, according to several studies (32) a legal framework to prevent the entry into the Union internal market of products linked to deforestation, will have no impact on volume and price of the commodities sold in the Union and covered in the Annex of this resolution and that extra costs incurred by operators to implement these legal obligations are minimal. |
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28.

| 29. | Underlines the contribution of non-governmental organisations, environmental activists, industry associations, as well as whistle-blowers, in the fight against illegal timber harvesting that results in deforestation, loss of biodiversity and increased emissions of greenhouse gases; |
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29.

| 30. | Notes that such an EU legal framework should also be extended to high-carbon stock and biodiversity-rich ecosystems other than forests, such as marine and coastal ecosystems, wetlands, peatlands or savannahs, so as to avoid pressure being shifted to these landscapes; |
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30.

| 31. | Believes that these obligations should apply to all operators placing forest and ecosystem-risk commodities (FERC) on the Union market, irrespective of their size or place of registration, once a careful evaluation has concluded that it is functional and applicable to all actors on the market, including SMEs; while recognising that actions following the operator’s risk assessment must be proportionate to the level of risks associated with the given commodity, believes that in a fragmented end-market, the inclusion of smaller and larger companies is key to ensure both large-scale impact and consumer trust; emphasises that the regulatory framework must not give rise to undue burdens on small and medium-sized producers, including smallholders, or prevent their access to markets and international trade due to a lack of capacity; underlines, therefore, the need for a coordinated support mechanism for SMEs at EU level to ensure their understanding, preparedness and capacity to produce in compliance with environmental and human rights requirements; |
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31.

| 32. | Stresses that many of the Union businesses in the supply chain are SMEs and therefore calls for an effective SME-friendly implementation that limits their administrative burden to an unavoidable minimum; considers that an early warning system for businesses should be established to warn businesses whenever they import from regions where deforestation might be taking place; |
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32.

| 33. | Believes that Union-wide mandatory due diligence requirements would provide benefits to business through levelling the playing field by holding competitors to the same standards and would provide legal certainty as opposed to a mosaic of different measures at national level; |
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33.

| 34. | Recalls the findings of the study on due diligence requirements through the supply chain, commissioned by the Commission’s Directorate-General for Justice and Consumers, that finds that a majority of business respondents agree that mandatory due diligence would have a positive impact on human rights and the environment; |
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34.

| 35. | Stresses that digitalisation and new technology tools hold the potential to provide unprecedented solutions for companies to identify, prevent, mitigate and account for human rights and environmental impacts; |
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35.

| 36. | Believes that future legal framework regarding forest-risk commodities should build upon lessons learned from the FLEGT Action Plan, the EU Timber Regulation, Regulation (EU) 2017/821 of the European Parliament and of the Council (33) (‘the Conflict Mineral Regulation’), Directive 2014/95/EU of the European Parliament and of the Council (34) (‘the Non-Financial Reporting Directive’), legislation on illegal, unreported and unregulated (IUU) fishing and other Union initiatives to regulate supply chains; |
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36.

| 37. | Welcomes the ongoing revision of the Non-Financial Reporting Directive and invites the Commission to step up the quality and scope of non-financial disclosure, in particular on financial institutions’ reporting on environmental aspects, and to promote the integration of forest-relevant considerations into corporate social responsibility; |
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37.

EU Timber Regulation and FLEGT Voluntary Partnership Agreements (VPAs)

| 38. | Is convinced that the EU Timber Regulation, especially its due diligence requirements, represents a good model to build upon for a future EU legal framework to halt and reverse EU-driven global deforestation, but that a lack of implementation, limited scope of timber products covered and enforcement of the EU Timber Regulation means that it does not live up to its spirit and intent; is of the opinion, therefore, that lessons can be learnt from the EU Timber Regulation for improved implementation and enforcement rules for a future EU legal framework to halt and reverse EU-driven global deforestation; recalls that the legality of harvesting and trading forest products is currently covered by the EU Timber Regulation, and therefore stresses that double regulation in the future EU legal framework should be avoided and measures regulating the legal and illegal harvest of and trade in forest products should be harmonised; |
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38.

| 39. | Calls on the Commission to assess the possible inclusion of commodities covered by the EU Timber Regulation into the scope of the proposal for an EU legal framework to halt and reverse EU-driven global deforestation, taking into account the upcoming fitness check of the EU Timber Regulation, and ensuring the pursuit of the objectives of the FLEGT Action Plan. When doing so, the Commission should also assess the potential implications on current Voluntary Partnership Agreements (VPAs) The partner timber-producing countries of the Union should be closely associated in this undertaking. |
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39.

| 40. | Welcomes the good results the cooperation with third countries under the EU FLEGT Action Plan and VPAs have shown in addressing the supply-side challenge of illegal logging and stresses that this work should be stepped up, especially in terms of monitoring, checks and controls and also in terms of offering capacity building; stresses that the VPAs constitute a very effective framework to establish good partnerships with those countries and new VPAs with additional partners should be promoted; calls on the EU to increase funding for FLEGT; |
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40.

| 41. | Urges the Commission to ensure full implementation of the EU FLEGT Work Plan 2018-2022; |
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41.

| 42. | Welcomes the Commission’s upcoming fitness check of the FLEGT Regulation and the EU Timber Regulation as an opportunity to strengthen their enforcement and to further improve their implementation and to widen their scope to cover e.g. printed products and wooden products, conflict timber and to strengthen the role of civil society; |
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42.

| 43. | Repeats its demand that imports of timber and timber products should be more thoroughly checked at Union borders in order to ensure that the imported products do indeed comply with the criteria for entry into the Union; calls on the timely and effective implementation of the Union Customs Code (UCC) and reinforced capacities of national customs authorities to ensure better harmonisation and implementation of the UCC; stresses that the Commission needs to ensure that customs controls throughout the Union follow the same standards, by means of a direct unified customs control mechanism, in coordination with Member States and in full compliance with the principle of subsidiarity; |
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43.

| 44. | Is of the opinion that trade-based partnership agreements with major producer countries of FERCs could be useful to tackle supply-side drivers of deforestation, notes that the FLEGT VPA model is one option; |
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44.

| 45. | The proposal should ensure that there is legal certainty for all relevant stakeholders on any new Union-wide measure and framework relating to the current use of FLEGT VPAs and licensing, in order to secure the interest in investing in deforestation-free export to the Union; and encourages the Commission to establish trade-based partnership agreements with major producer countries of agricultural commodities, in order to tackle supply-side drivers of deforestation. |
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45.

Trade and international cooperation

| 46. | Stresses that trade and investment policy need to be reviewed in order to address the global deforestation challenge in a more effective manner, and by creating globally a level playing field, and take into account the link between trade agreements and global biodiversity as well as forest ecosystem; |
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46.

| 47. | Reiterates that Union trade and investment policy, including the free trade agreement with Mercosur, should include binding and enforceable sustainable development chapters that fully respect international commitments, in particular the Paris Agreement and the 2030 Agenda for Sustainable Development, are compliant with World Trade Organization (WTO) rules and respect human rights; calls on the Commission to ensure that all future trade and investment agreements contain legally binding and enforceable provisions, including illegal logging-related and anti-corruption provisions, to prevent deforestation and forest degradation and ecosystem destruction and degradation; |
| --- | --- |

47.

| 48. | Recommends, in the context of the ‘do no harm’ principle as highlighted in the communication on the European Green Deal, that the Commission better and regularly assess the impact of existing trade and investment agreements on deforestation, forest and ecosystem degradation, land grabbing and human rights and ensure that more ambitious binding and enforceable provisions on forest and ecosystem protection, biodiversity, on ending land grabbing and sustainable forestry are included in the trade and sustainable development chapters of all free trade and investment agreements; |
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48.

| 49. | Points out that, in order to avoid price dumping and ensure sustainable use of wood, to prevent the proliferation of bilateral agreements based on dumping timber prices, and to avoid driving additional logging, remedies should be considered including establishing a common timber auction system, to allow tracking of where material comes from and factoring in climate, biodiversity and human rights concerns into the price; |
| --- | --- |

49.

| 50. | Considers that trade and international cooperation are important tools for consolidating higher standards of sustainability, especially with regard to sectors that are linked to forests and their derived value chains; calls on the Commission and Member States to strengthen cooperation with third countries through technical assistance, exchange of information and good practices in the preservation, conservation and sustainable use of forests, with a special focus on the linkage between organised crime and commodities associated with deforestation and to promote and facilitate scientific and academic cooperation with third countries, as well as research programmes to promote knowledge and innovation on biodiversity, ‘green business’ and the circular economy; stresses the importance of taking into account the effects of the measures on employment and growth of least developed countries (LDCs) that are reliant on the production of FERCs; calls on the Union to support and cooperate with third country governments and civil society in their work against deforestation, particularly via the GSP+ scheme; calls on the Commission to evaluate whether a new specific aid for trade instrument should be developed to facilitate trade in the context of mitigating the risks related to the production of FERCs; |
| --- | --- |

50.

| 51. | Asks the Commission that the measures to be adopted have a comprehensive and differentiated approach to deforestation, considering its multiple dimensions and its linkages both with the generation of sustainable ventures and the fight against criminal economies. To that end, calls on a dialogue with third countries in order to analyse, on a case by case basis, the main causes of forest cover loss and the relevance of the measures to be implemented; |
| --- | --- |

51.

| 52. | Stresses that public procurement provisions in FTAs should take into account social, environmental and responsible business conduct criteria in awarding contracts; |
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52.

| 53. | Insists that mandatory requirements at Union level need to be complemented by increased and reinforced global cooperation, strengthened global environmental governance and cooperation with third countries through technical assistance, the exchange of information and good practices in preservation, conservation and sustainable use of forests, giving special recognition to sustainability initiatives carried out by the private sector; by increasing efforts in key international fora, including within the WTO and the Organisation for Economic Co-operation and Development (OECD) actions to halt deforestation, forest degradation and to restore forests and to avoid the inverse effect of diverting unwanted deforestation marked supply chains to other regions in the world; |
| --- | --- |

53.

| 54. | Calls on the Commission and Member States to encourage, through trade and international cooperation, the necessary investment to consolidate higher standards of sustainability in the forestry sectors and their value chains, promoting the circular bioeconomy, green tourism, renewable energy, smart agriculture and other relevant areas, also in third countries; |
| --- | --- |

54.

| 55. | The proposal should ensure that there is legal certainty for all relevant stakeholders on any new Union-wide measure and framework relating to the current use of FLEGT VPAs and licensing, in order to secure the interest in investing in deforestation-free export to the Union; and encourages the Commission to establish trade-based partnership agreements with major producer countries of agricultural commodities, in order to tackle supply-side drivers of deforestation. |
| --- | --- |

55.

| 56. | Notes the importance of ensuring that deforestation is included in country-level political dialogues, and of helping partner countries to develop and implement national frameworks for forestry and sustainable forestry; emphasises that those national frameworks have to reflect domestic needs as well as global commitments; stresses the need for the implementation of mechanisms incentivising small holder farmers to maintain and improve the ecosystem and products provided by sustainable forestry and agriculture; |
| --- | --- |

56.

| 57. | Is of the opinion that a strong action within the Union internal market should go hand in hand with a strong action at the international level; National Indicatives Programmes under EU’s external action should therefore integrate provisions to help third countries’ companies and smallholders working with operators placing FERC commodities on the Union internal market to carry out activities without harming forest and ecosystems; |
| --- | --- |

57.

| 58. | Believes that the regulation proposed in the Annex of this resolution should be, and can be, designed in a way so as to be compliant with WTO rules and should be accompanied by trade-based partnership agreements with major producer countries of agricultural commodities, in order to tackle supply-side drivers of deforestation; |
| --- | --- |

58.

| 59. | Proposes that when negotiating National Indicative Programmes (NIP) with third countries, the Commission should prioritise provisions to help third countries’ companies and smallholders working with operators placing FERC commodities on the Union internal market to carry out activities that do not harm forests, ecosystems and human rights; |
| --- | --- |

59.

| 60. | Points out that a strengthening of the EU legal framework on deforestation may have a significant impact on land prices in third countries and, in order to prevent any speculation, the cut-off date should not be set after the publication by the Commission of the proposal described in Annex of this resolution; |
| --- | --- |

60.

Deforestation and human rights

| 61. | Highlights that changing the regulatory framework in order to legalise the use of certain areas and modifying tenure rights does not take away the negative impact on human rights and the environment caused by the implementation of this change; therefore stresses that due diligence criteria must include other elements going beyond the legality of action; |
| --- | --- |

61.

| 62. | Notes that the production of forest and ecosystem-risk commodities does not negatively impact on local communities only through direct deforestation, ecosystem degradation and land grabbing, but also through water-grabbing that can affect forest and other ecosystems; |
| --- | --- |

62.

| 63. | Stresses that local communities, indigenous peoples, land and environmental defenders often are on the frontline of the fights to preserve ecosystems; notes that in some regions conflicts over the use of lands and resources are the main cause of violence against indigenous peoples (35), is concerned that the degradation and destruction of forests and other valuable ecosystems frequently goes along with human rights violations or follows from it; condemns any form of penalisation, harassment and persecution for involvement in activities aimed at protecting the environment; urges, therefore, to include the protection of human rights, in particular land tenure, land and labour rights, with a special view to the rights of indigenous peoples and local communities, within the future EU legal framework; calls on the Commission to encourage that legal reform processes in producer countries are done with the effective and meaningful participation of all stakeholders, including civil society, indigenous peoples and local communities; calls on the Union and Member States to support, at the next UN General Assembly, the global recognition of the right to a healthy environment; |
| --- | --- |

63.

| 64. | Calls on the Commission and Member States to set up a rapid response mechanism at Union level to support environmental and forest defenders in the Union and worldwide; |
| --- | --- |

64.

| 65. | Emphasises that granting effective access to justice and remedies for victims of corporate human rights and environmental harms must be part of such a legal framework; |
| --- | --- |

65.

| 66. | Stresses that, as well as establishing an EU legal framework on commodities driving deforestation, the Union needs to address more decisively the implementation of human rights, environmental responsibility and the rule of law as horizontal issues with the countries concerned and with other main importing countries. |
| --- | --- |

66.

| 67. | Stresses that such a legal framework must be designed in compliance with the Union’s international commitments to African, Caribbean and Pacific states and taken into account in the ambitions of the future Post-Cotonou Agreement; |
| --- | --- |

67.

| 68. | Recalls the importance of respecting the UN’s Guiding Principles on Business and Human Rights; supports the ongoing negotiations to create a binding UN instrument on transnational corporations and other business enterprises with respect to human rights and stresses the importance of the Union being proactively involved in this process; |
| --- | --- |

68.

EU measures and policy coherence

| 69. | Underlines that the impact of the Union’s consumption of forest and ecosystem-risk commodities needs to be adequately addressed in any follow-up, regulatory or non-regulatory, actions and measures to the EU Biodiversity Strategy for 2030, Farm to Fork Strategy and the CAP Strategic Plans Regulation, including Member States’ national strategic plans; |
| --- | --- |

69.

| 70. | Stresses the importance of promoting sustainable diets, by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental foot print; believes that it is necessary to introduce effective measures aimed at increasing support for agro-ecological practices and reducing food waste throughout the supply chain; notes the importance of planning targeted awareness-raising actions for consumers in order to increase their understanding of the impact of consumption patterns on forests, biodiversity and the climate, providing support and encouraging food choices centred around plant-based products; |
| --- | --- |

70.

| 71. | Considers that in order to minimise the carbon footprint created by transport of imports from third countries and to stimulate sustainable local production and jobs, the Union should encourage the use of sustainable locally-sourced timber, harvested wood products or forest biomass; |
| --- | --- |

71.

| 72. | Stresses the need to cut dependency on imports of forest and ecosystem-risk commodities by promoting locally sourced plant protein, pasture-based grazing, legal and sustainably sourced feed, namely by implementing the Union Protein Strategy; |
| --- | --- |

72.

| 73. | Supports the promotion of nitrogen fixing/leguminous/protein crops under the new CAP strategic plans inter alia through crop rotations, in conditionality, eco-schemes and agro-environmental measures, new sectorial interventions and coupled support in order to increase the protein crop self-sufficiency of the Union, and, at the same time, contribute to reach the objectives of the biodiversity and the Farm to Fork strategies; notes further that livestock farm income and profitability should be made compatible with production levels that can be sustained by pasture-based grazing or home-grown fodder crops; calls for further research and promotion of innovative production systems and methods that can reduce external inputs and costs, for example forage based grazing systems such as rotational grazing, even if production volumes may be lower; |
| --- | --- |

73.

| 74. | Highlights the importance of the development of a sustainable bio-economy which gives a high economic value to sustainably produced products; |
| --- | --- |

74.

| 75. | Stresses that the Union’s bioenergy policy should respond to strict social and environmental criteria; |
| --- | --- |

75.

| 76. | Recalls that the Union addresses the risk of deforestation by means of the EU Timber Regulation, the EU FLEGT Action Plan, VPAs promoting multi-stakeholder processes in producer countries, and the Renewable Energy Directive (RED II) (36), which include numerous rules and could serve as a valuable basis to minimise the risk of deforestation and illegal logging; notes that RED II extends the obligation to fulfil the Union sustainability criteria from biofuels to all bioenergy end-uses, including heating/cooling and electricity, however, as it only covers raw material used for bioenergy production, it cannot currently ensure that the non-energy use of commodities linked to deforestation or ecosystem conversion as biofuel is not permitted; |
| --- | --- |

76.

| 77. | Stresses that the methods used to achieve the objectives set out in the Clean Energy for all Europeans package must not lead to deforestation and forest degradation in other parts of the world; calls, therefore, on the Commission to review by 2021 the relevant aspects of the report annexed to Commission Delegated Regulation (EU) 2019/807 (37) and, if necessary, to revise this Regulation without undue delay, and in any case before 2023, on the basis of scientific knowledge and in accordance with the precautionary principle; asks the Commission to reassess soy-data and phase out high ILUC risk biofuels as soon as possible and by 2030 at the latest; |
| --- | --- |

77.

| 78. | Considers that the large scale use of biofuels in the Union must be accompanied by sufficient sustainability criteria in order to avoid direct and indirect, land-use change (ILUC) including deforestation; notes further that the current criteria do not take sufficient account of fossil raw materials used in biofuel production; calls therefore for monitoring and evaluation of the impact of the revised Renewable Energy Directive during its ongoing implementation including the effectiveness of the sustainability criteria for bioenergy; notes the importance of local supply chains of raw material to achieve long-term sustainability; |
| --- | --- |

78.

| 79. | Believes that ancient and primary forests should be considered and protected as global commons, and that their ecosystems should be granted a legal status; |
| --- | --- |

79.

Communication and awareness raising

| 80. | Emphasises the importance of ensuring the consumption of products from deforestation-free supply chains in the Union and to continuously assess the impacts of Union consumption of such products; calls on the Commission and Member States to develop information and awareness-raising campaigns about the imported commodities and products and their impact on the world’s forests and biodiversity-reach ecosystems, as well as socio-economic consequences of deforestation and ecosystem destruction and forest-related crimes in the Union and in third countries; |
| --- | --- |

80.

| 81. | Points out the Commission shall consider the possibility of proposing primary forests as UNESCO heritage sites in order to help protect them from deforestation and to increase the chance of drawing public attention to their protection; if this is not feasible, other legal options to reach these objectives should be evaluated; |
| --- | --- |

81.

Definitions, Forest Data and monitoring

| 82. | Notes that the current definition of the term ‘forest’, its categorisation, and a range of other terms and principles associated with deforestation by sustainable forest management adopted by relevant bodies, for example, the FAO, are purely technical and do not adequately differentiate between natural forest and forest plantations in which the economic function of the forest strongly outweighs its other functions, and emphasises that this could ultimately result in the distortion of data about the area and state of the world’s forests; calls on relevant stakeholders to unify the use of terminology in accordance with the wording given in the annex to the draft resolution, and emphasises the significance of this clarification for the effective use of related instruments; |
| --- | --- |

82.

| 83. | Stresses the need in particular for independent monitoring of production and trading of commodities associated with deforestation; calls on the Commission to enhance its efforts on those issues through Horizon Europe, and to support independent monitoring in producer countries, as well as the exchange of best practices and lessons-learnt among them, in order to enhance methodologies used and granularity of information; |
| --- | --- |

83.

| 84. | Stresses the essential need to improve mechanisms which would help identify the source or origin of wood material placed on the internal market; |
| --- | --- |

84.

| 85. | Notes that greater access to customs data on imports entering the Union would increase global value chain transparency and accountability; calls on the Commission to set up a customs partnership within the Union while extending customs data requirements, notably by including the exporter and the manufacturer as mandatory customs data elements, thereby enhancing the transparency and traceability of global value chains; |
| --- | --- |

85.

| 86. | Notes that the availability and accuracy of the data used to assess at what date the land has been deforested/converted to another use needs to be reliable for effective implementation; |
| --- | --- |

86.

| 87. | Calls on the Union to further develop research and monitoring programmes such as Copernicus, European Earth Observation and other monitoring programmes to supervise the commodity supply chain in order to be able to identify and give early warnings on products which caused deforestation or environmental degradation during their production phase; |
| --- | --- |

87.

| 88. | Asks the Commission to explore the strengthened use of the Copernicus satellite system for forest monitoring and for forest fire and forest damage prevention, including monitoring and identification of the causes of fires and forest damage, deforestation and ecosystem conversion, facilitating access for the relevant authorities in each Member State, and ensuring direct source of open data for SMEs or start-ups; |
| --- | --- |

88.

| 89. | Welcomes the creation of a forest observatory to collect data and information on deforestation in Europe as well as globally, and calls for this observatory to establish a mechanism to protect forest defenders; |
| --- | --- |

89.

| 90. | Calls for creating early warning alert mechanisms to notify public authorities, companies, including third party schemes, and consumers of commodities originating in areas of ecosystem conversion risk concerning loss and deterioration of forest and savannah and areas where human rights have been violated, and to assist in tackling these issues by intensifying dialogue and data sharing with respective third countries; |
| --- | --- |

90.

| 91. | Calls upon the Commission to set up a European database collecting ongoing and past projects between the Union and third countries as well as bilateral projects between Member States and third countries in order to assess their impact on the world's forests; underlines the involvement of local and regional authorities in the implementation of these projects; |
| --- | --- |

91.

Forest management, research and innovation

| 92. | Emphasises the need to take into consideration the links between the forest-based sector and other sectors, and the importance of digitalisation and investment in research and innovation in order to monitor deforestation; |
| --- | --- |

92.

| 93. | Notes that the forestry sector employs at least 500 000 people directly (38) in the Union, and 13 million people worldwide (39), and that these jobs are found especially in rural areas; |
| --- | --- |

93.

| 94. | Notes that at Union level, some Member State policies reflect a framework on forests and forest management that can be fragmented and disjointed, therefore they need better and more co-ordination in order to encourage sustainability; |
| --- | --- |

94.

| 95. | Calls for closer cooperation between governments, undertakings, producers and civil society to adopt policies and establish framework conditions to support private sector projects; |
| --- | --- |

95.

| 96. | Underlines the essential role of research and innovation in fostering the contribution of sustainable forest management and the forest-based sector in meeting deforestation challenges and tackling climate change; |
| --- | --- |

96.

| 97. | Calls for mutual support in the event of adverse events through research and exchanges in order to find measures adapted to the geographical conditions that can protect against large-scale fires or prevent pest infestations; |
| --- | --- |

97.

| 98. | Welcomes measures to adapt plantations to climate change; welcomes the fact that in many countries an increase in the number of resilient native tree species in healthy and biologically diverse forests is already recommended and practiced; |
| --- | --- |

98.

| 99. | Emphasises the importance of training within the Union and in third countries in sustainable management of forests, plantations and agroforestry, including continuous vegetation cover; considers that these are an essential factor in ensuring biodiversity as well as income of forest communities and farmers practicing agroforestry; |
| --- | --- |

99.

| 100. | Stresses the importance of education and of a skilled and well-trained workforce for the successful implementation of sustainable forest management in practice; calls therefore on the Commission and Member States to implement measures, and use existing partnerships, to facilitate the exchange of best practices in that field; |
| --- | --- |

100.

| 101. | Calls for strengthening worldwide co-operation to better share knowledge and experiences in improving sustainability in managing multifunctional forests; |
| --- | --- |

101.

| 102. | Calls therefore, on the Union to develop international alliances with third countries to protect forests, pursuing sound policies aiming at zero deforestation, integrated land planning, land tenure transparency, and preventing conversion of forest into agricultural land; calls to this end, for securing international financing in the framework of global forest protection agreements, in close cooperation with European governments and international actors; |
| --- | --- |

102.

| 103. | Calls for the development of concepts for a sustainable future for forests worldwide that reconcile both economic and environmental interests, given that forests are an important resource for many countries and that the latter are not willing to forego this resource voluntarily; |
| --- | --- |

103.

| 104. | Calls for a more holistic approach, within the Union, in which the Union provides direct support to local authorities for afforestation and sustainable management practices; calls particularly for a stronger Union role in helping local and regional authorities in enforcement of forest protection regulations in force; |
| --- | --- |

104.

| 105. | Calls for robust financial support and incentive programmes for measures to afforest deteriorated land and land unsuitable for farming. |
| --- | --- |

105.

Financing

| 106. | Calls on the Commission to adopt a climate and environment proof Multiannual Financial Framework; paying particular attention to the impact of external action funds that may contribute to deforestation and ecosystem degradation, as well as certain research and development funds; calls for a Green Deal Check of the MFF and all European budgets; |
| --- | --- |

106.

| 107. | Believes that EU Green Public Procurement criteria should include deforestation and compliance with the due diligence proposal among its provisions; a revision of Directive 2014/24/EU on public procurement (40) should integrate compliance with due diligence in the award criteria; |
| --- | --- |

107.

| 108. | Urges all Union institutions and agencies to lead by example by modifying their behaviour, procurements and framework contracts towards the use of ‘deforestation-free only’ products; |
| --- | --- |

108.

| 109. | In particular, calls on the Commission to take initiatives to forbid the public purchase of imported products resulting in deforestation within the framework of the WTO Plurilateral Agreement on Government Procurement (GPA) and Directive 2014/24/EU; |
| --- | --- |

109.

| 110. | Calls on the Union to provide appropriate support to the protection of existing and the creation of new and appropriately selected protected areas, especially in countries that are major timber producers; |
| --- | --- |

110.

| 111. | Calls on the Union to make the provision of financial aid to partner countries conditional on the introduction of a functional system of binding conceptual instruments contributing to sustainable forest management (for example, forest management plans); emphasises that these are functional only if they are prepared with sufficient expertise and calls on the Union to set out and enforce clear rules for compliance with them; |
| --- | --- |

111.

| 112. | Calls for the forestry sector to feature strongly in the upcoming Neighbourhood, Development and International Cooperation Instrument (NDICI) and for the full potential of the External Investment Plan and regional blending facilities to be exploited in leveraging private funding for sustainable forest management; calls for the strengthening of standards and certification schemes that already exist instead of introducing new ones and stresses that those standards and certification schemes need to comply with WTO rules; |
| --- | --- |

112.

| 113. | Stresses the need to ensure effective recognition and respect of customary land tenure rights of forest-dependent communities and of indigenous peoples as a question of social justice in line with the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT), the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and in ILO Convention No. 169; invites the Commission to support the dissemination, use and implementation of the VGGT at global, regional and country level, also through the External Investment Plan; |
| --- | --- |

113.

| 114. | Calls for the EU-ACP cooperation to be strengthened in order to tackle the increasing problem of deforestation and desertification in ACP countries through the development of action plans aimed at improving the management and conservation of forests and the setting-up of monitoring systems; calls on the Union to ensure that deforestation is included in political dialogues at country level, and to help partner countries to develop and implement national frameworks on forests and on sustainable supply chains, while supporting the effective implementation of partner countries’ Nationally Determined Contributions (NDC) pursuant to the Paris Agreement; |
| --- | --- |

114.

| 115. | Requests that the Commission submit, on the basis of Article 192(1) of the Treaty on the Functioning of the European Union, a proposal for an EU legal framework to halt and reverse EU-driven global deforestation, following the recommendations set out in the Annex hereto; |
| --- | --- |

115.

o

o o

| 116. | Instructs its President to forward this resolution and the accompanying recommendations to the Commission and the Council. |
| --- | --- |

116.

---

(1)  OJ L 295, 12.11.2010, p. 23.

(2)  OJ L 198, 22.6.2020, p. 13.

(3)  OJ L 378, 27.12.2006, p. 41.

(4)  EPRS, ‘An EU legal framework to halt and reverse EU-driven global deforestation — European added value assessment’, PE 654.174, September 2020

(5)  OJ C 364, 18.12.2000, p. 1.

(6)  Texts adopted, P7_TA(2010)0226

(7)  Texts adopted. P8_TA(2016)0405

(8)  Texts adopted, P8_TA(2017)0098

(9)  Texts adopted, P8_TA(2017)0330

(10)  Texts adopted, P8_TA(2018)0279

(11)  Texts adopted, P8_TA(2018)0333

(12)  Texts adopted, P9_TA(2020)0005

(13)  Texts adopted, P9_TA(2020)0015

(14)  Texts adopted, P9_TA(2020)0212

(15)  Report ‘Global Warming of 1.5 oC, an IPCC special report on the impacts of global warming of 1.5 oC above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty’.

(16)  Communication on Stepping up EU Action to Protect and Restore the World’s Forests, European Commission, 2019.

(17)  ‘Living planet 2016’, WWF, Zoological society of London, Stockholm Resilience Centre

(18)  Communication on Stepping up EU Action to Protect and Restore the World’s Forests, European Commission, 2019.

(19)  Smith P et al. (2014) Agriculture, Forestry and Other Land Use (AFOLU). In: Climate Change 2014: Mitigation of Climate Change. Contribution of Working Group III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Edenhofer O et al (eds.)]. Cambridge University Press, Cambridge, UK and New York, NY, USA.

(20)  Cook, NASA Goddard Institute for Space Studies, 2005

(21)  We Lost a Football Pitch of Primary Rainforest Every 6 Seconds in 2019, World Resoruces Institute, online, 2 June 2020.

(22)  Rainforest Mafias: How Violence and Impunity Fuel Deforestation in Brazil’s Amazon, Human Rights Watch, online, 17 September 2019.

(23)  Bruce A. Wilcox and Brett Ellis, Center for Infectious Disease Ecology, Asia-Pacific Institute for Tropical Medicine and Infectious Diseases, University of Hawaii, Manoa, USA; 2006

(24)  as reported for example by the Environmental Justice Atlas https://ejatlas.org/conflict/water-grabbing-and-agribusiness-in-the-south-coast-of-guatemala — for the case of Guatemala (sugarcane, palm oil and banana)

(25)  FAO. 2016. State of the World’s Forests 2016. Forests and agriculture: land-use challenges and opportunities. Rome. http://www.fao.org/3/a-i5588e.pdf

(26)  European Commission, 2013. The impact of EU consumption on deforestation: Comprehensive analysis of the impact of EU consumption on deforestation. Final report. Study funded by the European Commission and undertaken by VITO, the International Institute for Applied Systems Analysis, HIVA — Onderzoeksinstituut voor Arbeid en Samenleving and International Union for the Conservation of Nature NL.

(27)  IPBES report 2019

(28)  Escobar, N., Tizado, E. J., zu Ermgassen, E. K.,Löfgren, P., Börner, J., & Godar, J. (2020). Spatially-explicit footprints of agricultural commodities: Mapping carbon emissions embodied in Brazil's soy exports. Global Environmental Change, 62, 102067 https://www.sciencedirect.com/science/article/pii/S0959378019308623

(29)  Technical Report — 2013 — 063 of the Commission, ‘The impact of EU consumption on deforestation: Comprehensive analysis of the impact of EU consumption on deforestation’, study funded by the European Commission, DG ENV, and undertaken by VITO, IIASA, HIVA and IUCN NL, http://ec.europa.eu/environment/forests/pdf/1.%20Report%20analysis%20of%20impact.pdf, pp. 23-24

(30)  Five year Assessment Report on the New York Declaration ‘Protecting and restoring forests. A Story of Large Commitments yet Limited Progress’, September 2019

https://forestdeclaration.org/images/uploads/resource/2019NYDFReport.pdf

(31)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’)

(OJ L 149, 11.6.2005, p. 22).

(32)  https://www.sciencedirect.com/science/article/pii/S0959378014001046

(33)  Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1)

(34)  Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).

(35)  Report by the Brazilian Attorney General’s office: http://www.mpf.mp.br/pgr/noticias-pgr/conflitos-associados-a-terra-sao-principal-causa-de-violencia-contra-indigenas-e-comunidades-tradicionais-no-brasil-segundo-mpf

(36)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

(37)  Commission Delegated Regulation (EU) 2019/807 of 13 March 2019 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council as regards the determination of high indirect land-use change-risk feedstock for which a significant expansion of the production area into land with high carbon stock is observed and the certification of low indirect land-use change-risk biofuels, bioliquids and biomass fuels (OJ L 133, 21.5.2019, p. 1).

(38)  Eurostat database on forestry https://ec.europa.eu/eurostat/web/forestry/data/database

(39)  http://www.fao.org/rural-employment/agricultural-sub-sectors/forestry/en

(40)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

---

ANNEX TO THE RESOLUTION:

RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

1.   
  Objective

The proposal for a Regulation (‘the proposal’) should provide the basis for the assurance of a high level of protection for natural resources, such as natural forests, biodiversity and natural ecosystems, as well as contribute to a strengthened framework for their sustainable management to avoid their degradation and conversion, by ensuring that Union market and consumption patterns do not detrimentally affect them. The protection of human rights and both formal and customary rights of indigenous peoples and local communities to lands, territories and resources affected by harvesting, extraction and production of products should also be covered by the proposal.

It should provide transparency and certainty with regard to:

| (a) | commodities covered by the proposal and their derived products which are marketed on the Union internal market, |
| --- | --- |

(a)

commodities covered by the proposal and their derived products which are marketed on the Union internal market,

| (b) | the supply practices and financing of all operators active on the Union internal market, |
| --- | --- |

(b)

the supply practices and financing of all operators active on the Union internal market,

| (c) | production practices, including the water abstraction aspect, of operators harvesting, extracting, supplying, and processing forest and ecosystem-risk commodities (FERCs) covered by this proposal or producing FERC-derived products in the Union internal market, as well as the practices of their financiers; |
| --- | --- |

(c)

production practices, including the water abstraction aspect, of operators harvesting, extracting, supplying, and processing forest and ecosystem-risk commodities (FERCs) covered by this proposal or producing FERC-derived products in the Union internal market, as well as the practices of their financiers;

It should contribute to the fulfilment of international environmental and human rights commitments taken by the Union and its Member States, such as the Paris Agreement, the Sustainable Development Goals, and human rights obligations, set out in international human rights treaties and establish legally binding sustainability criteria for human rights, and the protection of natural forests and natural ecosystems against their conversion and degradation, as set out in the proposal. The proposal should be risk-based, proportionate and enforceable.

2.   
  Scope

The proposal should apply to all operators, irrespective of their legal form, size or complexity of their value chains, i.e. any natural or legal person (excluding non-commercial consumers) that places commodities that are covered by the proposal and their derived products on the Union internal market for the first time, or that provides financing to the operators undertaking these activities. This should apply to both Union and non-Union-based operators. Operators that are not based in the Union should mandate an authorised representative to perform the tasks (in accordance with Regulation (EU) 2019/1020 of the European Parliament and of the Council (1)).

All operators should be entitled to lawfully place FERCs and FERC-derived products on the Union market only when, in accordance with provisions referred to in -Section 4 of this Annex, they are able to demonstrate that within their own activities and all types of business relationships that they have with business partners and entities along their entire value chain (i.e. transport companies, suppliers, traders, franchisees, licensees, joint ventures, investors, clients, contractors, commercial customers, consultants, financial, legal and other advisers) that, at the very most, there is a negligible risk level, that the goods placed on the Union market:

| — | originate from land obtained via the conversion of natural forests or other natural ecosystems; |
| --- | --- |

—

originate from land obtained via the conversion of natural forests or other natural ecosystems;

| — | originate from natural forests and natural ecosystems undergoing degradation, and |
| --- | --- |

—

originate from natural forests and natural ecosystems undergoing degradation, and

| — | are produced in, or are linked to, violation of human rights. |
| --- | --- |

—

are produced in, or are linked to, violation of human rights.

Financial institutions providing finance, investment, insurance or other services to operators engaged in the supply chain of commodities also have a responsibility to undertake due diligence to ensure that supply chain companies are respecting the obligations laid down in this proposal.

Operators should take appropriate and transparent measures to ensure that these standards are respected throughout their entire supply chain.

The proposal should cover all commodities that are most frequently associated with deforestation, degradation of natural forests and conversion and degradation of natural ecosystems due to human activity. A list of these commodities should be prepared on the basis of an independent expert evaluation, taking into account the precautionary principle, and should be provided in an annex to this proposal and comprise at least palm oil, soy, meat, leather, cocoa, coffee, rubber, and maize and all intermediate or final products that are derived from these commodities, and products that contain these commodities. In the event that the derived products contain input from more than one commodity covered by the proposal, due diligence should be performed with respect to each of these commodities. Commodities covered by Regulation (EU) No 995/2010 (2) of the European Parliament and of the Council (‘the EU Timber Regulation’) should be integrated into the scope of the proposal, following the Commission’s assessment on the basis of an independent, expert evaluation, taking into account the precautionary principle, within three years from the date of entry into force of the proposal.

The Commission should adopt delegated acts in a timely fashion on the basis of an independent, expert evaluation, taking into account the precautionary principle, to revise and amend the list with any additional commodities, and their derived products to be covered by the proposal if evidence or significant indications emerge concerning the detrimental impact of their harvesting, extraction or production on natural forests, natural ecosystems or human rights formal and customary rights of indigenous peoples and local communities to lands, territories and resources . The Commission should have a vigilant, proactive role in identifying emerging risks, and actively consult a diversity of stakeholders with relevant experience to maintain a list of commodities that reflects the state of knowledge about human rights and environment risks in relevant sectors.

The proposal should equally apply to all financial institutions authorised to operate in the Union which provide finance, investment, insurance or other services to operators that harvest, extract, produce, process, trade or sell forest and ecosystem-risk commodities and their derived products to ensure that these financial institutions themselves and their supply chain companies respect the responsibilities on the environment and human rights as set out in the proposal.

The proposal should apply to a trader, i.e. any natural or legal person that in the course of a commercial activity, sells to or buys from operators on the Union internal market any commodity covered by the proposal or a derived product that has been already placed on the Union internal market. Operators on the Union internal market should not be able to engage with traders, unless traders are able to:

| — | identify the operators or traders that supplied the commodities covered by the Regulation and their derived products; and |
| --- | --- |

—

identify the operators or traders that supplied the commodities covered by the Regulation and their derived products; and

| — | where applicable, identify the traders to which they supplied the commodities covered by the proposal and their derived products; and |
| --- | --- |

—

where applicable, identify the traders to which they supplied the commodities covered by the proposal and their derived products; and

| — | ensure the traceability of their products, in order to be able to identify their origin, when they are placed on the Union Internal Market. |
| --- | --- |

—

ensure the traceability of their products, in order to be able to identify their origin, when they are placed on the Union Internal Market.

3.   
  General obligations

3.1.   
  Deforestation and conversion of natural ecosystems

Commodities covered by the proposal and their derived products that are placed on the Union market should not result in, or derive from, deforestation or the conversion of natural ecosystems.

For that purpose, FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land that at a cut-off date that lays in the past, but no later than 2015, that is science-based, justifiable, implementable in practice and in line with EU international commitments, had the status of natural forest or natural ecosystem, in accordance with the definition laid down in Section 3.3 ‘Definitions’, but had since lost that status as a result of deforestation or conversion.

3.2.   
  Degradation of natural forests and natural ecosystems

Commodities covered by the proposal and their derived products placed on the Union market should not result in, or derive from, the degradation of natural forests or natural ecosystems due to human activity.

For that purpose, FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land that, at a defined cut-off date, had the status of natural forest or natural ecosystem in accordance with the definition laid down in Section 3.3. The cut-off date must be set in the past, but no later than 2015, and must also be science-based, justifiable, implementable in practice and in line with Union international commitments. It should only be legally possible to place on the Union market a commodity that has been harvested, extracted or produced in compliance with conservation objectives and it did not lead to the loss or degradation of ecosystem functions on or adjacent to the land from which it was harvested, extracted or produced.

3.3.   
  Definitions

The Commission's legislative proposal should contain definitions as to what constitutes a ‘forest’, a ‘natural forest’ that possesses many or most of the characteristics of a forest native to the given site, even in the presence of human activities, ‘deforestation’, ‘forest degradation’, a ‘natural ecosystem’, ‘ecosystem degradation’ and ‘ecosystem conversion’. Those definitions should be based on objective and scientific considerations and take into account relevant sources of international law and international organisations, as well as other initiatives providing for suitable definitions, such as the Food and Agriculture Organisation of the United Nations, the European Environmental Agency, the Accountability Framework Initiative or the High Carbon Stock Approach.

The definitions should be based on the following principles

| — | they should allow the achievement of the highest level of environmental protection, notably for forests and other natural ecosystems, and be consistent with the Union's international and domestic commitment on forest, biodiversity and climate protection, |
| --- | --- |

—

they should allow the achievement of the highest level of environmental protection, notably for forests and other natural ecosystems, and be consistent with the Union's international and domestic commitment on forest, biodiversity and climate protection,

| — | they should support the Union's goal of preserving natural forests and ecosystems, including in particular primary and regenerated forests, and prevent their replacement with forests and ecosystems derived from human activities, such as tree plantations, |
| --- | --- |

—

they should support the Union's goal of preserving natural forests and ecosystems, including in particular primary and regenerated forests, and prevent their replacement with forests and ecosystems derived from human activities, such as tree plantations,

| — | they should be sufficiently comprehensive to grant protection to other natural ecosystems that, as forests, are important for the preservation of biodiversity or for the achievement of the climate objectives set out in the Paris Agreements, |
| --- | --- |

—

they should be sufficiently comprehensive to grant protection to other natural ecosystems that, as forests, are important for the preservation of biodiversity or for the achievement of the climate objectives set out in the Paris Agreements,

| — | they should aim at ensuring that the adoption of Union measures to protect the world’s forests might result in the problem of conversion and degradation being shifted onto other natural ecosystems that are as important as natural forests for biodiversity, climate and human rights protection. |
| --- | --- |

—

they should aim at ensuring that the adoption of Union measures to protect the world’s forests might result in the problem of conversion and degradation being shifted onto other natural ecosystems that are as important as natural forests for biodiversity, climate and human rights protection.

3.4.   
  Human rights violations

FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land obtained or used in violation of human rights embedded into national laws, nor those rights expressed, as a minimum, in the EU Charter of Fundamental Rights or in international agreements, such as the rights of indigenous peoples and local communities, including tenure rights and the procedural right to give or withhold their free prior and informed consent as set out for example by the UN Permanent Forum on Indigenous Issues and UN and regional treaty bodies, the right to water, the right to environmental protection and sustainable development, the right to defend human rights and the environment, free from any form of persecution and harassment, labour rights as enshrined in ILO fundamental conventions and other internationally recognised human rights related to land use, access or ownership, as well as the human right to a healthy environment, as defined in the Framework Principles on Human Rights and the Environment and the standards and good practices identified by the UN Special Rapporteur on human rights and the environment.

Special attention should be paid to child labour with the aim to eliminate it.

At all stages, harvesting, extracting or producing covered commodities should respect local communities’ and indigenous peoples’ community and land tenure rights in all forms, whether they are public, private, communal, collective, indigenous, women’s or customary rights. Indigenous peoples’ and local communities’ formal and customary rights to lands, territories and resources should be identified and respected, as should their ability to defend their rights without reprisals. Those rights include the rights to own, occupy, use and administer these lands, territories and resources.

Commodities covered by the proposal should not be obtained from land whose acquisition and use affects community and land tenure rights. In particular, commodities placed on the Union market should not be harvested, extracted or produced from the lands of indigenous peoples and local communities, both those lands formally titled and those under customary ownership, without their free, prior and informed consent.

4.   
  Duty to identify, prevent and mitigate harm in value chains

4.1.   
  Duty of due diligence

Operators should take all necessary measures to respect and ensure the protection of human rights, natural forests and natural ecosystems, as set out in the proposal, throughout their entire value chain. This should include all types of business relationships of the undertaking with business partners and entities along its entire value chain (such as suppliers, traders, franchisees, licensees, joint ventures, investors, clients, contractors, commercial customers, transport companies, consultants, financial, and legal and other advisers), and any other state or non-state entity directly linked to its business operations, products or services.

In doing so, operators should take a risk-based approach to due diligence, where the nature and extent of due diligence corresponds to the type and level of risk of adverse impacts. Higher risk areas should be subject to enhanced due diligence.

The following measures should be adequately and effectively included:

(a)   Mapping the entire value chain

Operators should determine whether the commodities and products in their entire value chains comply with the sustainability and human rights criteria of the proposal, by accessing and evaluating information on the precise land area(s) from where these goods originate. In addition to the environmental criteria, access to information must allow the operator to conclude that those using the land to produce FERCs are entitled to do so and have obtained Free, Prior and Informed Consent (FPIC) from those holding rights on those land areas and that they are not violating, or have violated, any human rights referred to in this proposal.

In particular, operators are required to have, and make available, information on:

| (i) | the precise area or areas of harvest or extraction or production of the commodities; in relation to cattle, beef and leather, operators must be able to obtain information about the various areas of pasture where cattle has been fed or, where cattle is raised using feed, about the origin of feed used; |
| --- | --- |

(i)

the precise area or areas of harvest or extraction or production of the commodities; in relation to cattle, beef and leather, operators must be able to obtain information about the various areas of pasture where cattle has been fed or, where cattle is raised using feed, about the origin of feed used;

| (ii) | the present ecological status of the area of harvest, extraction or production; |
| --- | --- |

(ii)

the present ecological status of the area of harvest, extraction or production;

| (iii) | the ecological status of the area at the indicated cut-off date of this proposal. |
| --- | --- |

(iii)

the ecological status of the area at the indicated cut-off date of this proposal.

| (iv) | the legal status of land (ownership/title including both formal and customary rights of indigenous peoples and local communities to lands, territories and resources) and evidence of Free, Prior and Informed Consent (FPIC). |
| --- | --- |

(iv)

the legal status of land (ownership/title including both formal and customary rights of indigenous peoples and local communities to lands, territories and resources) and evidence of Free, Prior and Informed Consent (FPIC).

| (v) | the elements of the supply chain of the commodity in question, with the aim of having information about the likelihood of contamination risks with products of unknown origin or originating from deforested areas, or from areas in which natural forest, forest and ecosystem conversion and degradation occurred, and information about where, by whom and under which conditions the commodities have been harvested, transformed or processed, with a view to determine compliance with the human rights obligations of this proposal. |
| --- | --- |

(v)

the elements of the supply chain of the commodity in question, with the aim of having information about the likelihood of contamination risks with products of unknown origin or originating from deforested areas, or from areas in which natural forest, forest and ecosystem conversion and degradation occurred, and information about where, by whom and under which conditions the commodities have been harvested, transformed or processed, with a view to determine compliance with the human rights obligations of this proposal.

Operators should have access to all the information related to the origin of the products entering the Union internal market through the systematic declaration of GPS coordinates for these commodities, after the entry into force of the proposal as laid down in Section 4.1 of this Annex.

(b)   Identify and assess real and potential forest and ecosystem risks in the value chains, on the basis of the criteria laid down in the proposal

Where an operator sets up new operations or engages new business partners, it should identify the actors involved in the new supply and investment chains, and assess their policies and practices, as well as their harvesting, production, extraction and processing sites. For existing operations, ongoing adverse impacts and harms as well as potential risks should be identified and assessed. Risk analysis should be done with regard to the risks occurring from the operator’s activities to, or impact on, natural forests and natural ecosystems, indigenous peoples, local communities and individuals affected, rather than material risk to corporate shareholders. When operators have large numbers of suppliers, they should identify general areas where the risk of adverse impacts is most significant and, based on this risk assessment, prioritise suppliers for due diligence.

When operators have large numbers of suppliers, they should identify general areas where the risk of adverse impacts is most significant and, based on the risk assessment, prioritise suppliers for due diligence.

(c)   Preventing risks and mitigating risks to a negligible level

Except where the risk identified in the course of the risk identification and assessment procedures referred to in point (b) is negligible, and therefore the operator has no residual reason to be concerned that the commodities and products may not meet the criteria set out in this framework, the operators should adopt risk mitigation procedures. Those procedures should consist of a set of adequate and proportional measures that effectively and demonstrably reduce to a negligible level all identified risks e.g. amending contracts with suppliers, providing support to suppliers to change their practices, changing its purchasing and investment practices, for the purpose and in view of the lawful placing of the covered commodities and products on the internal market.

(d)   Ceasing environmental and human rights abuses

Where, after thoroughly following the requirements referred to in points (a), (b) and (c), operators come to the conclusion that operations, or parts of operations, contribute to or potentially cause or contribute to adverse impacts on human rights, natural forests, or natural ecosystems, as set out in the proposal, that cannot be prevented or mitigated, they should cease all of these operations, or parts of operations.

(e)   Monitoring and continuously improving the effectiveness of their due diligence system and its implementation

Operators should periodically check to see if their due diligence system is fit for preventing harm and ensure the compliance of commodities and products with the framework and if not, adjust it or develop other actions. The evaluation of the due diligence system should be based on qualitative and quantitative indicators, internal and external feedback and clear accountability processes.

(f)   Integrating third-party certification schemes

Third-party certification schemes can complement and ensure the identification of origin of products, risk assessment and mitigation components of due diligence systems, provided that these schemes are adequate in terms of scope and strength of sustainability criteria for the protection of natural forests and natural ecosystems against their conversion and degradation, as set out in the proposal and in terms of their ability to monitor the supply chain, and provided that they meet adequate levels of transparency, impartiality and reliability. By means of delegated act, the Commission should establish minimum criteria and guidance for operators to assess the credibility and solidity of third-party certification schemes. Those minimum criteria should in particular ensure independence from the industry, inclusion of social and environmental interests in standard-setting, independent third-party auditing, public disclosure of auditing reports, transparency at all stages, and openness. Certification schemes should only award certification to products with 100 % certified content. Only certification schemes meeting those criteria can be used by operators for their due diligence systems. Third-party certification should not impair the principle of the operator’s liability.

(g)   Role of Voluntary Partnership Agreements

The Union may negotiate Voluntary FERC Partnership Agreements with FERC-producing countries (partner countries), which create a legally binding obligation for the parties to implement a licensing scheme and to regulate trade in FERCs in accordance with the national law of the FERC-producing country and the environmental and human rights criteria laid out in the proposal. FERCs under the scope of the proposal which originate in partner countries with Voluntary FERC Partnership Agreements should be considered to be of negligible risk, as far as the partnership agreement is implemented, for the purpose of the proposal. Such agreements should be based around national multi-stakeholder dialogues with effective and meaningful participation of all stakeholders, including civil society, indigenous peoples and local communities.

4.2.   
  Duty of consultation

Operators should:

| (a) | adequately, timely and directly consult impacted and potentially impacted stakeholders; |
| --- | --- |

(a)

adequately, timely and directly consult impacted and potentially impacted stakeholders;

| (b) | properly take into account stakeholders’ perspectives in the definition and implementation of the due diligence measures; |
| --- | --- |

(b)

properly take into account stakeholders’ perspectives in the definition and implementation of the due diligence measures;

| (c) | ensure that representative trade unions and workers’ representatives are involved in the definition and implementation of the due diligence measures; |
| --- | --- |

(c)

ensure that representative trade unions and workers’ representatives are involved in the definition and implementation of the due diligence measures;

| (d) | establish an early-warning mechanism that give an opportunity to workers and interested parties with substantiated concerns to inform the operator about any risk of harm to natural forests, natural ecosystems and human rights throughout the entire value chain; the operator should take this information into account in its due diligence processes; |
| --- | --- |

(d)

establish an early-warning mechanism that give an opportunity to workers and interested parties with substantiated concerns to inform the operator about any risk of harm to natural forests, natural ecosystems and human rights throughout the entire value chain; the operator should take this information into account in its due diligence processes;

| (e) | properly take into account indigenous and local knowledge and risks an concerns expressed by local communities, indigenous peoples, land and environmental defenders. |
| --- | --- |

(e)

properly take into account indigenous and local knowledge and risks an concerns expressed by local communities, indigenous peoples, land and environmental defenders.

4.3.   
  Duty of transparency and reporting

Operators should annually report on their due diligence and consultation processes, the risks identified, their procedures for risk analysis, risk mitigation and remediation, and their implementation and outcomes to the competent authority and in a public, accessible and appropriate manner, which will not disproportionately in particular burden small and medium-sized enterprises.

The Commission should adopt delegated acts to set out the format, and the elements of the reports. In particular, operators should, inter alia, report on the system they use and how they apply it to the commodities in question, identified risks and impacts; the actions taken to cease and remedy existing abuses and to prevent and mitigate risks of abuse, as well as their outcomes; the measures and results of monitoring the implementation and effectiveness of such actions, warnings received through the early-warning mechanism and how the operator took them into account in their due diligence processes, and a list of all subsidiaries, subcontractors and suppliers, products and their quantity and origin. A failure to publish complete and timely reports should be penalised and ultimately lead to the suspension of authorisation to place products on the Union internal market.

4.4.   
  Duty of documentation

Operators should maintain a written record of all due diligence actions and their results and make it available to the competent authorities upon request.

4.5.   
  Commission guidelines

The Commission should develop guidelines and guidance to facilitate compliance with the legal obligations contained in the proposal, in particular to clarify the due diligence expectations for specific contexts, sectors, or in relation to certain types of operators. When doing so, the Commission should build on and extend good practices present in existing environmental management systems.

To support economic operators in conducting their due diligence obligations, the Commission should publish regional hotspot analyses with regard to FERCs.

5.   
  Control, monitoring, enforcement, sanctions and access to justice

5.1.   
  Public enforcement

Member States should ensure, in accordance with their national law and practice, the enforcement of the duties referred to in Section 4 by:

| (a) | providing for proportionate, effective and dissuasive penalties and sanctions for non-compliance with any of the obligations set out therein or where non-compliance with any of those obligations causes, contributes to, is linked to, or aggravates damage to natural forests or natural ecosystems or human rights abuses or the risks thereof; these should include:






  i. | effective, proportionate and dissuasive penalties proportionate to the damage to natural forests, natural ecosystems or human rights, as set out in the proposal, the cost of natural forest and natural ecosystem and human rights restoration and the economic prejudice resulting from the infringement to the affected communities; |
| --- | --- | --- |

(a)

providing for proportionate, effective and dissuasive penalties and sanctions for non-compliance with any of the obligations set out therein or where non-compliance with any of those obligations causes, contributes to, is linked to, or aggravates damage to natural forests or natural ecosystems or human rights abuses or the risks thereof; these should include:

i.

effective, proportionate and dissuasive penalties proportionate to the damage to natural forests, natural ecosystems or human rights, as set out in the proposal, the cost of natural forest and natural ecosystem and human rights restoration and the economic prejudice resulting from the infringement to the affected communities;

| ii. | permanent seizure of covered commodities and derived products concerned; |
| --- | --- |

ii.

permanent seizure of covered commodities and derived products concerned;

| iii. | immediate suspension of authorisation to place products on the Union internal market; |
| --- | --- |

iii.

immediate suspension of authorisation to place products on the Union internal market;

| iv. | exclusion from public procurement processes; |
| --- | --- |

iv.

exclusion from public procurement processes;

| v. | criminal penalties to individuals and, where allowed, for legal entities in the case of the most serious offenses; |
| --- | --- |

v.

criminal penalties to individuals and, where allowed, for legal entities in the case of the most serious offenses;

| (b) | designating competent national investigating and enforcement authorities (‘competent authorities’); the competent authorities should monitor that operators effectively fulfil the obligations laid down in the proposal; for that purpose, the competent authorities should carry out official checks, in accordance with a plan as appropriate, which may include checks on the premises of operators and field audits, and should be able to adopt provisional orders and, in addition and without prejudice to the application of sanctions, should have the power to require operators to take remedial actions; the competent authorities should also carry out timely and thorough checks when in possession of relevant information, including substantiated concerns from third parties, and should treat information related to their activity in accordance with Directive 2003/4/EC on public access to environmental information; |
| --- | --- |

(b)

designating competent national investigating and enforcement authorities (‘competent authorities’); the competent authorities should monitor that operators effectively fulfil the obligations laid down in the proposal; for that purpose, the competent authorities should carry out official checks, in accordance with a plan as appropriate, which may include checks on the premises of operators and field audits, and should be able to adopt provisional orders and, in addition and without prejudice to the application of sanctions, should have the power to require operators to take remedial actions; the competent authorities should also carry out timely and thorough checks when in possession of relevant information, including substantiated concerns from third parties, and should treat information related to their activity in accordance with Directive 2003/4/EC on public access to environmental information;

| (c) | ensuring that members of the public have the right to challenge non-compliance before the judicial or administrative authorities, which should include any individuals or groups whose rights and obligations or interests are affected, directly or indirectly, by the undertaking’s total or partial failure to perform its duties, including employees, customers, consumers and end-users, trade unions, transnational trade union federations, local communities, national or local governments or institutions, journalists, NGOs and local civil society organisations. |
| --- | --- |

(c)

ensuring that members of the public have the right to challenge non-compliance before the judicial or administrative authorities, which should include any individuals or groups whose rights and obligations or interests are affected, directly or indirectly, by the undertaking’s total or partial failure to perform its duties, including employees, customers, consumers and end-users, trade unions, transnational trade union federations, local communities, national or local governments or institutions, journalists, NGOs and local civil society organisations.

The Commission should adopt delegated acts to lay down legally binding standards and guidelines applicable to national competent authorities to ensure effective and uniform implementation and enforcement of the proposal across the Union, in particular with regard to:

| — | listing and making public operators falling under the remit of the proposal in a public register; |
| --- | --- |

—

listing and making public operators falling under the remit of the proposal in a public register;

| — | setting standards for the quality and quantity of compliance checks conducted by national competent authorities; |
| --- | --- |

—

setting standards for the quality and quantity of compliance checks conducted by national competent authorities;

| — | further guidance on how to conduct compliance checks, such as guidance for national competent authorities that specifies criteria for checks to better analyse and evaluate the risk level of products and sufficient documentation of due diligence systems in use; |
| --- | --- |

—

further guidance on how to conduct compliance checks, such as guidance for national competent authorities that specifies criteria for checks to better analyse and evaluate the risk level of products and sufficient documentation of due diligence systems in use;

| — | guidance on third-party concerns to establish Union-wide criteria to assess whether a concern is substantial and reliable enough to be processed, and develop clear procedural standards for the timely, impartial, effective and transparent responses by the national competent authorities towards third-party concerns; |
| --- | --- |

—

guidance on third-party concerns to establish Union-wide criteria to assess whether a concern is substantial and reliable enough to be processed, and develop clear procedural standards for the timely, impartial, effective and transparent responses by the national competent authorities towards third-party concerns;

| — | Union-level criteria to help specify when an operator should be given a notice of remedial action, a penalty or when other penalties should apply; and |
| --- | --- |

—

Union-level criteria to help specify when an operator should be given a notice of remedial action, a penalty or when other penalties should apply; and

| — | obligations on competent authorities to report publicly about control and enforcement activities, infringements detected and responses to substantial concerns. |
| --- | --- |

—

obligations on competent authorities to report publicly about control and enforcement activities, infringements detected and responses to substantial concerns.

5.2.   
  Civil liability and access to remedies

(a)   Civil liability

Operators should be:

| i) | jointly and severally liable for harm arising out of human rights abuses or damage to natural forests and natural ecosystems, as set out in the proposal, that has been caused, aggravated, contributed by or linked to controlled or economically dependent entities; |
| --- | --- |

i)

jointly and severally liable for harm arising out of human rights abuses or damage to natural forests and natural ecosystems, as set out in the proposal, that has been caused, aggravated, contributed by or linked to controlled or economically dependent entities;

| ii) | liable for harm arising out of human rights abuses or damage to natural forests and natural ecosystems, as set out in the proposal, directly linked to their products, services or operations through a business relationship, unless they can prove they acted with due care and took all reasonable measures given the circumstances that could have prevented the harm; operators may therefore discharge their liability if they can prove that they took all due care to identify and avoid the damage. |
| --- | --- |

ii)

liable for harm arising out of human rights abuses or damage to natural forests and natural ecosystems, as set out in the proposal, directly linked to their products, services or operations through a business relationship, unless they can prove they acted with due care and took all reasonable measures given the circumstances that could have prevented the harm; operators may therefore discharge their liability if they can prove that they took all due care to identify and avoid the damage.

(b)   Disclosure of evidence

Where a plaintiff has presented reasonably available facts and evidence sufficient to support their action, the defendant should bear the burden of proving:

| i) | the nature of its relationship with the entities involved in the harm; |
| --- | --- |

i)

the nature of its relationship with the entities involved in the harm;

| ii) | whether it acted with due care and took all reasonable measures to prevent the harm from occurring. |
| --- | --- |

ii)

whether it acted with due care and took all reasonable measures to prevent the harm from occurring.

(c)   Access to remedies

Damaged parties should have the right to accessible and effective judicial remedies to seek redress against operators that cause, aggravate, or are linked to or contribute to an adverse impact on their rights. Non-State grievance mechanisms should complement judicial remediation mechanisms to improve accountability and access to remedy.

6.   
  Final provisions

6.1.   
  Non-regression

The implementation of the proposal should in no way constitute grounds for justifying a reduction in the general level of protection of human rights, both formal and customary rights of indigenous peoples and local communities to lands, territories and resources, or the environment. In particular, it should not affect other existing subcontracting or supply chain liability frameworks.

6.2.   
  More favourable provisions

Member States may introduce or maintain provisions that go beyond the provisions set out in the proposal as regards the protection of human rights and the environmental standards along the FERCs supply chain.

---

(1)  Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

(2)  Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance (OJ L 295, 12.11.2010, p. 23).

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Friday 23 October 2020

| 6.10.2021 | EN | Official Journal of the European Union | C 404/202 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/202

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P9_TA(2020)0286

Gender Equality in EU’s foreign and security policy

European Parliament resolution of 23 October 2020 on Gender Equality in EU’s foreign and security policy (2019/2167(INI))

(2021/C 404/12)

The European Parliament,

| — | having regard to the UN Sustainable Development Goals (SDGs), and, in particular, goals 5 and 16, |
| --- | --- |

—

having regard to the UN Sustainable Development Goals (SDGs), and, in particular, goals 5 and 16,

| — | having regard to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), |
| --- | --- |

—

having regard to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),

| — | having regard to the UN-EU Strategic Partnership on peace operations and crisis management priorities for 2019-2021, endorsed by the Council on 18 September 2018 with Women, Peace and Security as its overarching priority, |
| --- | --- |

—

having regard to the UN-EU Strategic Partnership on peace operations and crisis management priorities for 2019-2021, endorsed by the Council on 18 September 2018 with Women, Peace and Security as its overarching priority,

| — | having regard to the 1995 Beijing Declaration and Platform of Action from the Fourth World Conference on Women and the outcomes of the review conferences, |
| --- | --- |

—

having regard to the 1995 Beijing Declaration and Platform of Action from the Fourth World Conference on Women and the outcomes of the review conferences,

| — | having regard to UN Security Council Resolution 1325 on Women, Peace and Security of 31 October 2000 and its follow-up resolutions 1820 (19 June 2008); 1888 (30 September 2009); 1889 (5 October 2009); 1960 (16 December 2010); 2106 (24 June 2013); 2122 (18 October 2013); 2242 (13 October 2015); 2467 (23 April 2019) and 2493 (29 October 2019), |
| --- | --- |

—

having regard to UN Security Council Resolution 1325 on Women, Peace and Security of 31 October 2000 and its follow-up resolutions 1820 (19 June 2008); 1888 (30 September 2009); 1889 (5 October 2009); 1960 (16 December 2010); 2106 (24 June 2013); 2122 (18 October 2013); 2242 (13 October 2015); 2467 (23 April 2019) and 2493 (29 October 2019),

| — | having regard to the Agreement adopted at the 21st Conference of the Parties (COP21) to the UN Framework Convention on Climate Change (UNFCCC) in Paris on 12 December 2015 (the Paris Agreement), |
| --- | --- |

—

having regard to the Agreement adopted at the 21st Conference of the Parties (COP21) to the UN Framework Convention on Climate Change (UNFCCC) in Paris on 12 December 2015 (the Paris Agreement),

| — | having regard to the Joint Declaration on Trade and Women’s Economic Empowerment on the occasion of the World Trade Organization (WTO) Ministerial Conference held in Buenos Aires on December 2017, |
| --- | --- |

—

having regard to the Joint Declaration on Trade and Women’s Economic Empowerment on the occasion of the World Trade Organization (WTO) Ministerial Conference held in Buenos Aires on December 2017,

| — | having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (1), and to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (2), |
| --- | --- |

—

having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (1), and to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (2),

| — | having regard to the UN Convention against Transnational Organized Crime and the protocols thereto, and in particular the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, |
| --- | --- |

—

having regard to the UN Convention against Transnational Organized Crime and the protocols thereto, and in particular the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,

| — | having regard to the EU-UN Spotlight Initiative, |
| --- | --- |

—

having regard to the EU-UN Spotlight Initiative,

| — | having regard to the Council conclusions of 10 December 2018 on Women, Peace and Security, |
| --- | --- |

—

having regard to the Council conclusions of 10 December 2018 on Women, Peace and Security,

| — | having regard to the EU Strategic Approach to Women, Peace and Security and its Action Plan 2019-2024, |
| --- | --- |

—

having regard to the EU Strategic Approach to Women, Peace and Security and its Action Plan 2019-2024,

| — | having regard to the guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted by the Council of the European Union at its meeting of 24 June 2013, |
| --- | --- |

—

having regard to the guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted by the Council of the European Union at its meeting of 24 June 2013,

| — | having regard to the List of Actions to Advance LGBTI Equality published by the Commission in December 2015, |
| --- | --- |

—

having regard to the List of Actions to Advance LGBTI Equality published by the Commission in December 2015,

| — | having regard to the EU Gender Action Plan 2016-2020 (GAP II), adopted by the Council on 26 October 2015, and the annual implementation reports thereon, |
| --- | --- |

—

having regard to the EU Gender Action Plan 2016-2020 (GAP II), adopted by the Council on 26 October 2015, and the annual implementation reports thereon,

| — | having regard to its resolutions of 31 May 2018 on the implementation of the Joint Staff Working Document (SWD(2015)0182) — Gender Equality and Women’s Empowerment: Transforming the Lives of Girls and Women through EU External Relations 2016-2020 (3) and of 25 November 2010 on the 10th anniversary of UN Security Council Resolution 1325 (2000) on Women, Peace and Security (4), |
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—

having regard to its resolutions of 31 May 2018 on the implementation of the Joint Staff Working Document (SWD(2015)0182) — Gender Equality and Women’s Empowerment: Transforming the Lives of Girls and Women through EU External Relations 2016-2020 (3) and of 25 November 2010 on the 10th anniversary of UN Security Council Resolution 1325 (2000) on Women, Peace and Security (4),

| — | having regard to the European Consensus on Development of 19 May 2017, |
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—

having regard to the European Consensus on Development of 19 May 2017,

| — | having regard to the Commission’s EU Gender Equality Strategy of 5 March 2020 (COM(2020)0152), |
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—

having regard to the Commission’s EU Gender Equality Strategy of 5 March 2020 (COM(2020)0152),

| — | having regard to the European External Action Service (EEAS) Civilian Operations Commander Operational Guidelines for Mission Management and Staff on Gender Mainstreaming of 8 October 2018, |
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—

having regard to the European External Action Service (EEAS) Civilian Operations Commander Operational Guidelines for Mission Management and Staff on Gender Mainstreaming of 8 October 2018,

| — | having regard to the document entitled ‘Implementation of UNSCRs on Women, Peace and Security in the context of CSDP missions and operations’, adopted by the Council on 22 March 2012, |
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—

having regard to the document entitled ‘Implementation of UNSCRs on Women, Peace and Security in the context of CSDP missions and operations’, adopted by the Council on 22 March 2012,

| — | having regard to the Upgraded Generic Standards of Behaviour for CSDP Missions and Operations of 22 January 2018, |
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—

having regard to the Upgraded Generic Standards of Behaviour for CSDP Missions and Operations of 22 January 2018,

| — | having regard to the EEAS Gender and Equal Opportunities Strategy 2018-2023 of November 2017, |
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—

having regard to the EEAS Gender and Equal Opportunities Strategy 2018-2023 of November 2017,

| — | having regard to the EEAS Report of 10 November 2016 on the Baseline Study on Integrating Human Rights and Gender into the European Union’s Common Security and Defence Policy, |
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—

having regard to the EEAS Report of 10 November 2016 on the Baseline Study on Integrating Human Rights and Gender into the European Union’s Common Security and Defence Policy,

| — | having regard to the EEAS Global Strategy for the European Union’s Foreign and Security Policy of June 2016, |
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—

having regard to the EEAS Global Strategy for the European Union’s Foreign and Security Policy of June 2016,

| — | having regard to Articles 2, 3(5), 21(1) of the Treaty on European Union (TEU), |
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—

having regard to Articles 2, 3(5), 21(1) of the Treaty on European Union (TEU),

| — | having regard to Article 8 of the Treaty on the Functioning of the European Union (TFEU), |
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—

having regard to Article 8 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Rule 54 of its Rules of Procedure, |
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—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Foreign Affairs, |
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—

having regard to the opinion of the Committee on Foreign Affairs,

| — | having regard to the report of the Committee on Women’s Rights and Gender Equality (A9-0145/2020), |
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—

having regard to the report of the Committee on Women’s Rights and Gender Equality (A9-0145/2020),

| A. | whereas the principle of equality between women and men is a core value of the EU, enshrined in the Treaties and the Charter of Fundamental Rights of the European Union; whereas gender mainstreaming should therefore be implemented and integrated as a horizontal principle in all EU activities and policies; whereas the EU should contribute to the creation of a world in which all people, regardless of gender, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, sexual orientation or gender identity can live peacefully, enjoying equal rights and the same opportunities to realise their potential; |
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A.

whereas the principle of equality between women and men is a core value of the EU, enshrined in the Treaties and the Charter of Fundamental Rights of the European Union; whereas gender mainstreaming should therefore be implemented and integrated as a horizontal principle in all EU activities and policies; whereas the EU should contribute to the creation of a world in which all people, regardless of gender, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, sexual orientation or gender identity can live peacefully, enjoying equal rights and the same opportunities to realise their potential;

| B. | whereas the fifth Sustainable Development Goal (SDG 5) is to achieve gender equality and to empower all women and girls worldwide; whereas no development strategy can be effective unless women and girls play a central role, and whereas SDG 5 must be mainstreamed horizontally into the different policy fields in which the EU has competence to act; |
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B.

whereas the fifth Sustainable Development Goal (SDG 5) is to achieve gender equality and to empower all women and girls worldwide; whereas no development strategy can be effective unless women and girls play a central role, and whereas SDG 5 must be mainstreamed horizontally into the different policy fields in which the EU has competence to act;

| C. | whereas several countries, such as Sweden, Denmark, Switzerland and Norway, have adopted frameworks to advance towards a foreign policy with a strong focus on gender equality and whereas France, Spain, Luxembourg, Ireland, Cyprus and Germany, among others, have announced their intention to make gender equality a priority in their foreign policy; whereas a policy of this type should promote a gender transformative vision of foreign policy that gives priority to gender equality, protects and promotes the human rights of women and other traditionally marginalised groups, guarantees their fair access to social, economic and political resources and their participation at all levels, allocates adequate resources to achieving that vision, and takes into account the voices of women human rights defenders and civil society; whereas any future EU foreign and security policy should aim to achieve these goals; |
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C.

whereas several countries, such as Sweden, Denmark, Switzerland and Norway, have adopted frameworks to advance towards a foreign policy with a strong focus on gender equality and whereas France, Spain, Luxembourg, Ireland, Cyprus and Germany, among others, have announced their intention to make gender equality a priority in their foreign policy; whereas a policy of this type should promote a gender transformative vision of foreign policy that gives priority to gender equality, protects and promotes the human rights of women and other traditionally marginalised groups, guarantees their fair access to social, economic and political resources and their participation at all levels, allocates adequate resources to achieving that vision, and takes into account the voices of women human rights defenders and civil society; whereas any future EU foreign and security policy should aim to achieve these goals;

| D. | whereas women and girls are particularly affected by physical, psychological and sexual violence, poverty, armed conflicts, and the impact of climate and health emergencies and other emergency situations, and their empowerment is essential to tackling these issues; whereas there has been a backlash against women’s and LGBTIQ+ rights; whereas any understanding of security needs to have a clear human rights focus in order to promote actions that lead to peace; whereas the Council’s LGBTI Guidelines are an effective tool to promote the full enjoyment of human rights by LGBTI persons, as well as a good basis to be built upon for an ambitious forthcoming LGBTI Equality Strategy; |
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D.

whereas women and girls are particularly affected by physical, psychological and sexual violence, poverty, armed conflicts, and the impact of climate and health emergencies and other emergency situations, and their empowerment is essential to tackling these issues; whereas there has been a backlash against women’s and LGBTIQ+ rights; whereas any understanding of security needs to have a clear human rights focus in order to promote actions that lead to peace; whereas the Council’s LGBTI Guidelines are an effective tool to promote the full enjoyment of human rights by LGBTI persons, as well as a good basis to be built upon for an ambitious forthcoming LGBTI Equality Strategy;

| E. | whereas a foreign and security policy that does not represent women, girls and LGBTI+ rights and does not address current injustices further reinforces imbalances; whereas anyone who wants to put an end to these injustices must recognise the unequal balance of power between the genders; |
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E.

whereas a foreign and security policy that does not represent women, girls and LGBTI+ rights and does not address current injustices further reinforces imbalances; whereas anyone who wants to put an end to these injustices must recognise the unequal balance of power between the genders;

| F. | whereas the dominant narrative surrounding women and girls is one of victimisation that deprives them of their agency and erases their capacity as agents of positive change; whereas an increasingly large body of evidence illustrates that the meaningful participation of women and girls in conflict prevention and resolution, peacebuilding and post-conflict reconstruction increases the sustainability, quality and durability of peace and the resilience of local communities and helps to prevent all forms of gender-based violence; whereas even though women play such a decisive role in establishing lasting peace, they made up only 13 % of negotiators in the major peace processes from 1992 to 2018, only 4 % of signatories and only 3 % of mediators; |
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F.

whereas the dominant narrative surrounding women and girls is one of victimisation that deprives them of their agency and erases their capacity as agents of positive change; whereas an increasingly large body of evidence illustrates that the meaningful participation of women and girls in conflict prevention and resolution, peacebuilding and post-conflict reconstruction increases the sustainability, quality and durability of peace and the resilience of local communities and helps to prevent all forms of gender-based violence; whereas even though women play such a decisive role in establishing lasting peace, they made up only 13 % of negotiators in the major peace processes from 1992 to 2018, only 4 % of signatories and only 3 % of mediators;

| G. | whereas women and girls may experience multiple forms of discrimination; whereas gender-based violence, including early and forced marriage and FGM, inadequate access to health, education, clean water, sanitation and nutrition, restricted access to sexual and reproductive health and rights (SRHR) services, and unequal participation in political decision making, as well as in public and private institutions, contribute to discrimination and marginalisation; whereas protecting girls from violence and discrimination, in particular with regard to education, information and health services, including SRHR, is especially important in ensuring the full enjoyment of their human rights; whereas refugee and migrant girls are in a particularly vulnerable situation; |
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G.

whereas women and girls may experience multiple forms of discrimination; whereas gender-based violence, including early and forced marriage and FGM, inadequate access to health, education, clean water, sanitation and nutrition, restricted access to sexual and reproductive health and rights (SRHR) services, and unequal participation in political decision making, as well as in public and private institutions, contribute to discrimination and marginalisation; whereas protecting girls from violence and discrimination, in particular with regard to education, information and health services, including SRHR, is especially important in ensuring the full enjoyment of their human rights; whereas refugee and migrant girls are in a particularly vulnerable situation;

| H. | whereas girls today will be the ones to deal with the consequences of conflicts and emergencies in the future, and in the case of protracted conflicts, are those growing up in harmful conditions with long-lasting effects; whereas girls have specific needs and face specific challenges that are distinct from those of adult women, which the broader categories of ‘children’ and ‘women’ often fail to recognise; |
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H.

whereas girls today will be the ones to deal with the consequences of conflicts and emergencies in the future, and in the case of protracted conflicts, are those growing up in harmful conditions with long-lasting effects; whereas girls have specific needs and face specific challenges that are distinct from those of adult women, which the broader categories of ‘children’ and ‘women’ often fail to recognise;

| I. | whereas 2020 marks important anniversaries of women’s rights and gender equality frameworks, including the Beijing Declaration and Platform for Action of 1995 and UN Security Council Resolution 1325 on Women, Peace and Security (WPS) of 2000; |
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I.

whereas 2020 marks important anniversaries of women’s rights and gender equality frameworks, including the Beijing Declaration and Platform for Action of 1995 and UN Security Council Resolution 1325 on Women, Peace and Security (WPS) of 2000;

| J. | whereas the EU Strategic Approach to WPS represents significant progress in terms of the EU’s engagement with the WPS agenda; whereas it emphasises the need for concrete commitments and actions, as well as the need to involve, protect and support women and girls to achieve lasting peace and security; whereas the EU Action Plan on WPS was adopted in 2019 in order to implement such a Strategic Approach, but translating this policy commitment into action remains a challenge; whereas it is of the utmost importance that EU staff members step up their efforts to integrate WPS into their work, with the objective not only of improving the effectiveness of missions, but also of ensuring women’s rights and gender equality in themselves; |
| --- | --- |

J.

whereas the EU Strategic Approach to WPS represents significant progress in terms of the EU’s engagement with the WPS agenda; whereas it emphasises the need for concrete commitments and actions, as well as the need to involve, protect and support women and girls to achieve lasting peace and security; whereas the EU Action Plan on WPS was adopted in 2019 in order to implement such a Strategic Approach, but translating this policy commitment into action remains a challenge; whereas it is of the utmost importance that EU staff members step up their efforts to integrate WPS into their work, with the objective not only of improving the effectiveness of missions, but also of ensuring women’s rights and gender equality in themselves;

| K. | whereas the Gender Action Plan II (GAP II) emerged from Parliament’s recommendations with a focus on shifting EU institutional culture at headquarter and delegation level in order to create a systemic change in how the EU approaches the principle of gender equality, as well as on transforming women’s and girls’ lives in four pivotal areas; whereas mainstreaming and promoting gender equality in the EU’s foreign and security policy is highly dependent on the successful implementation and evaluation of GAP II in order to recommend actions for an improved future GAP framework (a new EU Gender Action Plan III in 2020); |
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K.

whereas the Gender Action Plan II (GAP II) emerged from Parliament’s recommendations with a focus on shifting EU institutional culture at headquarter and delegation level in order to create a systemic change in how the EU approaches the principle of gender equality, as well as on transforming women’s and girls’ lives in four pivotal areas; whereas mainstreaming and promoting gender equality in the EU’s foreign and security policy is highly dependent on the successful implementation and evaluation of GAP II in order to recommend actions for an improved future GAP framework (a new EU Gender Action Plan III in 2020);

| L. | whereas the original GAP I brought about some progress, but was also marked by a number of shortcomings: a narrow scope, the absence of gender-responsive budgeting, a weak understanding of the gender equality framework by the EU delegations, a lack of commitment on the part of the EU leadership, and a lack of institutional architecture and incentives to motivate and adequately support staff; whereas GAP II constituted an important step forward in fostering gender equality in the EU’s external relations, with a number of positive trends, but requires the full awareness of and unwavering commitment by the EU and its Member States to safeguard against any deterioration and accelerate its progress; whereas GAP II still displays a number of shortcomings as regards the implementation of key priorities and gender-related SDGs, challenges to the accurate reporting of progress on all objectives and of qualitative data, and gender mainstreaming in policy dialogues; whereas there is still a need to further enlarge its scope, adequately implement gender-responsible budgeting and align timeframes between programming and budget cycles; whereas greater commitment on the part of the EU’s leaders, and putting in place the institutional architecture and incentives to motivate and adequately support and train staff are of vital importance to achieving tangible results in terms of enhanced gender equality worldwide; |
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L.

whereas the original GAP I brought about some progress, but was also marked by a number of shortcomings: a narrow scope, the absence of gender-responsive budgeting, a weak understanding of the gender equality framework by the EU delegations, a lack of commitment on the part of the EU leadership, and a lack of institutional architecture and incentives to motivate and adequately support staff; whereas GAP II constituted an important step forward in fostering gender equality in the EU’s external relations, with a number of positive trends, but requires the full awareness of and unwavering commitment by the EU and its Member States to safeguard against any deterioration and accelerate its progress; whereas GAP II still displays a number of shortcomings as regards the implementation of key priorities and gender-related SDGs, challenges to the accurate reporting of progress on all objectives and of qualitative data, and gender mainstreaming in policy dialogues; whereas there is still a need to further enlarge its scope, adequately implement gender-responsible budgeting and align timeframes between programming and budget cycles; whereas greater commitment on the part of the EU’s leaders, and putting in place the institutional architecture and incentives to motivate and adequately support and train staff are of vital importance to achieving tangible results in terms of enhanced gender equality worldwide;

| M. | whereas GAP II has set the target of mainstreaming gender actions across 85 % of all new EU initiatives by 2020; whereas in spite of progress having been made, in 2018 only between 55 % and 68 % of the new programmes incorporated gender; |
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M.

whereas GAP II has set the target of mainstreaming gender actions across 85 % of all new EU initiatives by 2020; whereas in spite of progress having been made, in 2018 only between 55 % and 68 % of the new programmes incorporated gender;

| N. | whereas the EU delegations and missions are on the frontline of the implementation of GAP II in partner countries, and the leadership and knowledge of delegation and mission heads and staff play a significant role in ensuring the successful implementation of GAP II; whereas it is recommended that more women are given access to leadership and management posts in EU delegations; |
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N.

whereas the EU delegations and missions are on the frontline of the implementation of GAP II in partner countries, and the leadership and knowledge of delegation and mission heads and staff play a significant role in ensuring the successful implementation of GAP II; whereas it is recommended that more women are given access to leadership and management posts in EU delegations;

| O. | whereas women remain largely underrepresented and undervalued in politics and decision-making processes, including in the area of foreign policy and international security in the EU and worldwide; whereas within the EU, 6 women hold the post of defence minister and only 3 out of 27 of foreign ministers are women; whereas gender-balanced appointments bring a high level of added value to decision-making processes; |
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O.

whereas women remain largely underrepresented and undervalued in politics and decision-making processes, including in the area of foreign policy and international security in the EU and worldwide; whereas within the EU, 6 women hold the post of defence minister and only 3 out of 27 of foreign ministers are women; whereas gender-balanced appointments bring a high level of added value to decision-making processes;

| P. | whereas the Gender Equality Strategy 2020-2024 has set the objective of reaching a gender balance of 50 % at all levels of the Commission’s management by the end of 2024; |
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P.

whereas the Gender Equality Strategy 2020-2024 has set the objective of reaching a gender balance of 50 % at all levels of the Commission’s management by the end of 2024;

| Q. | whereas in the EEAS, men hold 75 % of middle management positions and 87 % of senior management posts; whereas the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) committed to reaching the target of 40 % of management positions being held by women by the end of his mandate; whereas the most recent appointments he made resulted in a structure with exclusively male Deputy Secretary-Generals; |
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Q.

whereas in the EEAS, men hold 75 % of middle management positions and 87 % of senior management posts; whereas the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) committed to reaching the target of 40 % of management positions being held by women by the end of his mandate; whereas the most recent appointments he made resulted in a structure with exclusively male Deputy Secretary-Generals;

| R. | whereas EU policies tend to present women as victims of sexual and gender-based violence (SGBV) and to address their protection primarily after SGBV has occurred; whereas a stronger policy and operational focus on prevention of human rights violations that addresses the power imbalances in gender relations would improve the EU’s policies in this area; |
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R.

whereas EU policies tend to present women as victims of sexual and gender-based violence (SGBV) and to address their protection primarily after SGBV has occurred; whereas a stronger policy and operational focus on prevention of human rights violations that addresses the power imbalances in gender relations would improve the EU’s policies in this area;

| S. | whereas progress has been made in the realisation of SRHR across the world, but serious shortcomings in the provision of and access to SRHR continue to exist; whereas a worrying backlash against women’s and LGBTIQ+ rights is being observed throughout the world and involves limiting SRHR and banning sexuality education and gender studies; whereas in 2018 the number of EU actions on SRHR decreased and the lowest number of global actions by Commission services on gender equality pertained to SRHR; whereas there is a strong need to reaffirm the EU’s commitment to the promotion, protection and fulfilment of the right of every individual to have full control over matters related to their SRHR, free from discrimination and violence; |
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S.

whereas progress has been made in the realisation of SRHR across the world, but serious shortcomings in the provision of and access to SRHR continue to exist; whereas a worrying backlash against women’s and LGBTIQ+ rights is being observed throughout the world and involves limiting SRHR and banning sexuality education and gender studies; whereas in 2018 the number of EU actions on SRHR decreased and the lowest number of global actions by Commission services on gender equality pertained to SRHR; whereas there is a strong need to reaffirm the EU’s commitment to the promotion, protection and fulfilment of the right of every individual to have full control over matters related to their SRHR, free from discrimination and violence;

| T. | whereas the work of gender advisors and focal points is important in translating EU policies on gender equality and WPS into analysis, planning, implementation and evaluation, as well as the integration of a gender perspective into daily tasks and operations; whereas gender advisers and focal points play an important role in integrating gender-related policies horizontally; whereas increased prioritisation of gender in EU delegations, sufficient time for gender mainstreaming and project managers committed to sufficiently taking gender into account in their work are necessary to ensure that focal points can adequately develop their duties; whereas further action is needed to ensure that the job description of gender focal persons reflects their tasks as being in charge of gender mainstreaming and promoting gender equality; |
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T.

whereas the work of gender advisors and focal points is important in translating EU policies on gender equality and WPS into analysis, planning, implementation and evaluation, as well as the integration of a gender perspective into daily tasks and operations; whereas gender advisers and focal points play an important role in integrating gender-related policies horizontally; whereas increased prioritisation of gender in EU delegations, sufficient time for gender mainstreaming and project managers committed to sufficiently taking gender into account in their work are necessary to ensure that focal points can adequately develop their duties; whereas further action is needed to ensure that the job description of gender focal persons reflects their tasks as being in charge of gender mainstreaming and promoting gender equality;

| U. | whereas only one third of all EU delegations work on the rights of LGBTIQ+ people; whereas the EU’s LGBTIQ+ Guidelines are not being applied uniformly and their implementation depends strongly on the knowledge and interest of the delegations’ leadership instead of respecting a structural approach; |
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U.

whereas only one third of all EU delegations work on the rights of LGBTIQ+ people; whereas the EU’s LGBTIQ+ Guidelines are not being applied uniformly and their implementation depends strongly on the knowledge and interest of the delegations’ leadership instead of respecting a structural approach;

| V. | whereas women civil society groups and activists play critical roles in advancing the peace and security agenda and their participation is essential in mainstreaming gender equality concerns; whereas civil society space is shrinking in various spheres, including with regard to women’s organisations and women human rights defenders, SRHR and LGBTIQ+ rights; whereas women human rights defenders often face additional and different risks and obstacles that are intersectional and shaped by entrenched gender stereotypes; whereas consistent engagement with women’s organisations and women human rights defenders needs to be ensured throughout the full cycle of planning, implementation, monitoring and evaluation of GAP III; whereas more ambitious internal and external actions are needed to actively address any form of backlash and continue advancing towards gender equal societies; |
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V.

whereas women civil society groups and activists play critical roles in advancing the peace and security agenda and their participation is essential in mainstreaming gender equality concerns; whereas civil society space is shrinking in various spheres, including with regard to women’s organisations and women human rights defenders, SRHR and LGBTIQ+ rights; whereas women human rights defenders often face additional and different risks and obstacles that are intersectional and shaped by entrenched gender stereotypes; whereas consistent engagement with women’s organisations and women human rights defenders needs to be ensured throughout the full cycle of planning, implementation, monitoring and evaluation of GAP III; whereas more ambitious internal and external actions are needed to actively address any form of backlash and continue advancing towards gender equal societies;

| W. | whereas limited funding and understaffing are fundamental obstacles to implementing EU objectives on gender equality; whereas policy coherence in the area of gender equality is also lacking, and a unified system facilitating an identical understanding and implementation of gender mainstreaming in EU institutions does not yet exist; |
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W.

whereas limited funding and understaffing are fundamental obstacles to implementing EU objectives on gender equality; whereas policy coherence in the area of gender equality is also lacking, and a unified system facilitating an identical understanding and implementation of gender mainstreaming in EU institutions does not yet exist;

| X. | whereas including a gender perspective in the EU’s foreign and security policy also means acknowledging and combating the specific gender dimensions and impact of global phenomena such as climate change, migration, trade and security, as well as putting the focus on the experiences and needs of women and groups facing multiple and intersecting forms of discrimination and marginalisation at the centre of policy making; |
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X.

whereas including a gender perspective in the EU’s foreign and security policy also means acknowledging and combating the specific gender dimensions and impact of global phenomena such as climate change, migration, trade and security, as well as putting the focus on the experiences and needs of women and groups facing multiple and intersecting forms of discrimination and marginalisation at the centre of policy making;

| 1. | Calls for the EU and its Member States to continue enhancing women’s and girls’ rights and to advance towards a foreign and security policy that mainstreams a gender-transformative vision; stresses the need for such a policy to be grounded in consistent gender mainstreaming, gender analysis with gender- and age-disaggregated data and gender-sensitive indicators, and systematic gender impact assessments for the identification, formulation and monitoring of actions in all sectors to enhance gender equality and for a meaningful and equitable role in decision making for women and people from diverse backgrounds; encourages the EU to explore possibilities for sharing, managing and updating gender analysis in a systematic manner; |
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1.

| 2. | Urges the Commission, the VP/HR and the Member States to further strengthen their support for gender equality, the full enjoyment of human rights by all women and girls and their empowerment across the globe, and to play a key and increasing role in streamlining and leveraging resources to that end; |
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2.

| 3. | Welcomes the three thematic pillars of GAP II, namely 1) ensuring girls’ and women’s physical and psychological integrity, 2) promoting the economic and social rights and the empowerment of girls and women, and 3) strengthening girls’ and women’s voice and participation; notes that progress has been uneven across the thematic priorities and among different EU actors; calls therefore for greater efforts by the Commission, the VP/HR and all Member States to fully implement the GAP and attain the performance standards set out therein; regrets that in 2018 the objective with the lowest number of reported actions under GAP II was combating the trafficking of women and girls for all forms of exploitation and that this was the only objective for which the number of reported actions decreased in comparison with 2017; |
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3.

| 4. | Welcomes the Commission’s proposal to carry out a review and present a new GAP for 2021-2025 (GAP III) in 2020; stresses that GAP III should build and expand on the path laid out in the current GAP II and take into consideration lessons learned from its current implementation; stresses that this document must take the form of an official communication in order to ensure its effective implementation; recalls that the common foreign and security policy is subject to specific rules and procedures and that the Union’s development cooperation policy and those of the Member States should complement and reinforce each other with full respect for the principles and treaties of the EU, including Articles 2, 3 and 5 TEU; welcomes the Commission’s recommendations for the Member States, regarding their approach to gender equality through external action, to pursue political aims in line with the GAP in their areas of competence; |
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4.

| 5. | Welcomes the EU Action Plan on WPS and calls for its robust implementation; welcomes the inclusion of ‘promoting the WPS agenda’ in the 2018 Joint Declaration on EU-NATO cooperation; welcomes the decision to renew the EU Action Plan on Human Rights and Democracy and calls for the inclusion of gender mainstreaming and targeted actions for gender equality and women’s rights, including SRHR; welcomes, in addition, the new EU Strategy towards the Eradication of Trafficking in Human Beings envisaged for 2021; |
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5.

| 6. | Calls for further policy coherence and coordination in the implementation of the range of commitments on gender equality included in the EU’s external action; stresses that the EU Strategic Approach should be linked to and synchronised with the new GAP III, and calls for the 2019 EU Action Plan on WPS to be included in GAP III as a separate chapter; stresses the importance of the existing normative framework pertaining to the WPS agenda; insists that this framework should be the baseline for all actions at EU and international level and that any attempts to resile from or roll back established commitments in this field must be firmly rejected; |
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6.

| 7. | Calls on all Member States to adopt a feminist foreign and security policy that addresses the barriers for women to enter and maintain not only high-level leadership roles and key positions such as ambassadorships and mediator positions in international peace talks and negotiations, but also entry-level positions; recalls that factors that might deter women’s participation, such as a lack of policies conducive to a good work-life balance, unequal sharing of family responsibilities and the expectation that women will be primary caregivers, which often leads to women taking career breaks or moving to part-time work, and the global public perception of women’s leadership should be taken into account; stresses, furthermore, that in advancing the women’s leadership targets in the WPS agenda, equal pay for equal work is one of the EU’s founding principles and should be mainstreamed through the advancement of women’s economic and social rights, both outside and within the EU; recalls that Member States have an obligation to eliminate discrimination on grounds of sex with regard to all aspects and conditions of remuneration for the same work or for work of equal value; |
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7.

Gender equality as a guiding principle of the EU’s external action

| 8. | Calls on the EEAS, the relevant Commission services, the European agencies working outside the European Union’s borders and the Member States to systematically integrate gender mainstreaming and an intersectional perspective into the EU’s foreign and security, enlargement, trade and development policy, including in multilateral forums and in all policy formulation, political and strategic dialogues, public statements, global human rights reporting and monitoring, evaluation and reporting processes; insists that gender equality should be a core value in all EU external action; |
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8.

| 9. | Stresses that further analysis needs to be carried out on the power dynamics inherent in EU policies and practice and in the current programming cycle in order to analyse and address their gender implications; |
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9.

| 10. | Recalls the importance of integrating an intersectional perspective into all EU external action and that EU actions should take account of the experiences of women from diverse backgrounds and especially those facing intersecting forms of discrimination and marginalisation based on their age, gender, race, religion, socioeconomic and legal status, ability, sexual orientation and gender identity; recalls that women are not a homogenous group, nor do they speak with one voice; |
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10.

| 11. | Stresses the need to ensure continued commitment to the implementation of GAP III at the highest political levels; asks that GAP III specify that 85 % of official development assistance (ODA) should go to programmes that have gender equality as a significant or principal objective and calls, within this broader commitment, for a substantial amount of ODA to be allocated to programmes with gender equality, including SRHR, as a principal objective; calls for further targeted actions to achieve gender equality; calls, furthermore, for the new GAP to strengthen the solid evidence-based approach taken by GAP II, using qualitative analyses to assess the real impact of such programmes in advancing gender equality; calls for improvements to reporting for EU funding for gender equality allocated and disbursed in partner countries through GAP III; |
| --- | --- |

11.

| 12. | Recommends that GAP III be accompanied by clear, measurable, time-bound indicators of success to monitor short-, medium- and long-term changes, the attribution of responsibility to different actors, and clear objectives in each partner country developed in close cooperation with the partner country in question and with the active inclusion of local civil society organisations, other relevant civil society actors and local small and medium-sized enterprises (SMEs); calls on the EEAS, the Commission and the EU Member States to recommit, through the new GAP, to gender mainstreaming in all sectors; calls on the EEAS, the relevant Commission services and the EU Member States to propose further gender-targeted actions; |
| --- | --- |

12.

| 13. | Calls for GAP III to challenge the backlash against women’s rights by strengthening access to education, information and SRHR for women and girls, and to secure their protection from coercion, violence, discrimination and abuse; stresses likewise that the new GAP should explicitly cover protection, participation and the advancement of women’s rights in all contexts, including fragile states and conflict-related contexts; |
| --- | --- |

13.

| 14. | Believes that education is key to realising gender equality and the empowerment of women and girls; calls for the EU, therefore, to increase its commitment to promoting gender equality and combating gender stereotypes in and through education systems in its upcoming GAP III; calls, in this regard, for consideration of a range of opportunities in the field of science, technology, engineering and maths; |
| --- | --- |

14.

| 15. | Welcomes the EU Strategic Approach to WPS and the EU Action Plan on WPS adopted in 2019, and calls for their robust implementation; regrets, however, that despite clear objectives and indicators, translating this policy commitment into action remains a challenge and requires continued efforts; stresses the importance of National Action Plans for the implementation of the WPS agenda; welcomes the fact that almost all EU Member States will adopt their National Action Plans on UN Security Council Resolution 1325 by the end of the year; regrets, however, that only one of them has allocated a budget for their implementation; calls on Member States to allocate such a budget and to develop national parliamentary supervisory mechanisms, as well as to introduce quotas for the participation of women in control, evaluation, and supervisory mechanisms; regrets that many EU staff members have not integrated the WPS agenda into their work, and that this agenda is seen as one that can be applied at their discretion and with the objective of improving the effectiveness of missions, but not as way to ensure women’s rights and gender equality in themselves; |
| --- | --- |

15.

| 16. | Calls on the Commission to step up its efforts to implement a structured gender-budgeting approach to accurately track all related spending, including in the area of external action, and to organise ex-ante and ex-post gender impact assessments of the different programmes financed by the EU and to report back to the European Parliament; stresses that this evaluation should be based on gender- and age-disaggregated data and that its result should be integrated into the programming cycle; stresses the need to improve the reliability of gender analysis by harmonising the data collected by EU delegations in such a way as to make it comparable; calls for gender analysis to play a role in defining country strategy objectives, programmes, projects and dialogue; |
| --- | --- |

16.

| 17. | Calls for support for the allocation of 85 % of the specific earmarked funding to programmes that have gender equality as a significant or principal objective within the framework of the proposed Neighbourhood, Development and International Cooperation Instrument (NDICI) Regulation and for reduced administrative constraints to allow access to funding for local and small civil society organisations; stresses the importance of making further gender mainstreaming and targeted actions clear objectives under the NDICI Regulation and ensuring that partners can count on sufficient political and financial support to implement it; calls for gender-specific indicators to be applied in the project selection, monitoring and evaluation phases of all EU foreign and security policy actions that receive funding from the EU budget; stresses the need to increase the efficient use of existing and future EU resources through gender-responsive budgeting, in particular in times of challenges such as the next multiannual financial framework (MFF), budgetary constraints and post-COVID-19 crisis implications; |
| --- | --- |

17.

| 18. | Calls on the Commission, the EEAS and the EU delegations to recognise girls and young women as drivers of change and to support their safe, meaningful and inclusive participation in civic and public life, including by taking into consideration the feedback of youth-led organisations and supporting them through capacity building; stresses the positive role that girls, young women and women have in achieving sustainable peace and social cohesion, including through local girl- and women-led initiatives in the field of conflict prevention and peacebuilding; calls for the EU and the Member States to ensure an adequate budget for education in emergencies to ensure that every girl can succeed, despite circumstances resulting from conflict and natural disaster; |
| --- | --- |

18.

| 19. | Recognises that humanitarian crises intensify SRHR-related challenges and recalls that in crisis zones, particularly among vulnerable groups such as refugees and migrants, women and girls are particularly exposed to sexual violence, sexually transmitted diseases, sexual exploitation, rape as a weapon of war and unwanted pregnancies; calls on the Commission and Member States to give high priority to gender equality and SRHR in their humanitarian aid response, as well as accountability and access to justice and redress for sexual and reproductive rights violations and gender-based violence, including in terms of training for humanitarian actors and existing and future funding; highlights the importance of the OECD Development Assistance Committee (DAC) Recommendation on Ending Sexual Exploitation, Abuse, and Harassment in Development Co-operation and Humanitarian Assistance; welcomes, in this context, the focus of stakeholders active in the field of development co-operation and humanitarian assistance on addressing abuse and harassment in conflict-related settings; calls on the Commission and Member States to advocate for the inclusion of women’s rights organisations, as well as women-led organisations and defenders of women’s human rights, in humanitarian coordination and decision-making structures; |
| --- | --- |

19.

| 20. | Calls for the examination of synergies between internal and external programmes of the Union to ensure a coherent and continuous approach to policies within and outside the Union, such as in the case of female genital mutilation (FGM); |
| --- | --- |

20.

| 21. | Calls on the Commission to put in place a values-based EU trade policy that ensures a high level of protection for labour and environmental rights and respect for fundamental freedoms and human rights, including gender equality; recalls that all EU trade and investment agreements must be gender mainstreamed and include an ambitious and enforceable chapter on trade and sustainable development (TSD); recalls that the negotiation of trade agreements could represent an important tool for advancing gender equality and empowering women in third countries and calls for gender-disaggregated data on the impact of trade to be collected; calls for the EU and its Member States to include the country-specific and sector-specific gender impact of EU trade policy and agreements in ex-ante and ex-post impact assessments; stresses that the results of the gender-focused analysis should be taken into account in trade negotiations — considering both the positive and the negative impact throughout the whole process, from negotiation to implementation — and should be accompanied by measures to prevent or compensate possible negative effects; welcomes the Commission’s commitment to ensuring, for the first time for the EU, the inclusion of a specific gender chapter in the modernised Association Agreement between Chile and the EU and calls for the promotion of and support for the inclusion of such chapters in all further EU trade and investment agreements, building on existing international examples and on the basis of their added value following the assessments carried out; |
| --- | --- |

21.

| 22. | Calls on Member States to be fully compliant with the Common Position on Arms Exports, and specifically calls on Member States to take into account the risk of exported materials being used for, or facilitating, gender-based violence or violence against women or children; emphasises that a gender-sensitive approach means a human-centred security approach, aiming at improving security for women, including economic, social and health security; |
| --- | --- |

22.

A gender and diversity focus in the EU institutional culture at headquarters and delegations

| 23. | Calls on the Member States to create a formal working group on gender equality; calls for the establishment of a new Council configuration bringing together EU ministers and secretaries of state responsible for gender equality in order to facilitate gender mainstreaming across all EU policies, including foreign and security policy; |
| --- | --- |

23.

| 24. | Welcomes the work done by the EEAS Principal Advisor on Gender and by the EU Informal Taskforce on WPS thus far, including in ensuring the participation of relevant civil society organisations in their discussions; regrets, however, the limited capacity in terms of staff and resources assigned to the position of Principal Advisor on Gender and calls for its holder to report directly to the VP/HR; stresses the need for the even more efficient use of resources assigned to this position; calls on the VP/HR to continue his efforts in the area of gender mainstreaming, to appoint a full-time gender adviser in each EEAS Directorate, reporting directly to the Principal Adviser, and to encourage their staff to work closely with the European Institute for Gender Equality; stresses that knowledge sharing among the EU institutions and agencies is a significant and highly efficient tool to avoid high administrative costs and an unnecessary increase in bureaucracy; |
| --- | --- |

24.

| 25. | Welcomes the EEAS Gender and Equal Opportunities Strategy 2018-2023 and calls for it to be updated to include concrete, measurable and binding political commitments on the presence of women in management positions; presses for the achievement of the target of 50 % women in management positions, including as Heads of Delegation and of common security and defence policy (CSDP) missions and operations; welcomes the progress made by the Commission in this regard, with women accounting for 41 % of managers at all levels; regrets that the EEAS is far from reaching that goal, with women accounting for only two of the eight EU Special Representatives, 31,3 % of middle-management positions and 26 % of senior-management positions; calls on the current VP/HR to take the necessary steps to remedy this situation, and calls on the Member States to put forward more women for senior positions; |
| --- | --- |

25.

| 26. | Stresses the importance of the principle of non-discrimination and diversity in the EU institutions, as enshrined in Article 21 of the Charter of Fundamental Rights of the European Union; highlights the need for the EEAS to adjust its recruitment and hiring processes in order to pay more attention to diversity and inclusion; stresses the need for gender-responsive recruitment procedures, including by the European Personnel Selection Office; calls for gender-responsive leadership to be part of middle and senior management job descriptions; |
| --- | --- |

26.

| 27. | Calls on the VP/HR to ensure that Heads of EU Delegations abroad have formal responsibility for ensuring that gender equality is mainstreamed throughout all aspects of the delegations’ work and for ensuring that they report on it; calls on the VP/HR to ensure that there are specific, dedicated gender focal points in the EU delegations in order to ensure smooth workflows and keep bureaucracy to a minimum; stresses the need for the gender focal points to have sufficient resources and time to perform their tasks, with job descriptions detailing their responsibilities; stresses that they should report directly to the Head of Delegation/Head of Section, have access to all relevant documents and training needed to perform their duties, and have management responsibilities where appropriate; calls for equality guidelines for all EU delegations and, in this regard, for the development of online reporting, clear templates and the issuing of a guidebook to facilitate the work of the delegations; |
| --- | --- |

27.

| 28. | Stresses that achieving gender equality is not possible without gender-responsive leadership; calls, in this regard, for mandatory and tailored training on gender equality and gender mainstreaming for all managers of the EEAS, staff of EU diplomatic services and Heads/Commanders of CSDP missions and operations; highlights that mission letters and job descriptions for the new Heads of EU Delegations need to include specific references to gender equality; stresses that their evaluations need to include specific criteria on work undertaken to ensure gender mainstreaming; stresses that advancing women’s rights and gender equality should be horizontal priorities for all EU Special Representatives and should be a guiding principle of their mandate, in particular for the EU Special Representative for Human Rights; |
| --- | --- |

28.

| 29. | Highlights that women’s participation in CSDP missions contributes to the effectiveness of the mission and is a driver of the EU’s credibility as a proponent of equal rights for men and women worldwide; welcomes the fact that all civilian CSDP missions have now appointed a gender adviser and calls on the military CSDP missions to do the same; encourages EU Member States to put forward women as candidates for existing vacancies; calls for all EU-deployed military and civilian personnel to be sufficiently trained on gender equality and WPS, and specifically on how to integrate a gender perspective into their tasks; regrets that the number of women working in CSDP missions and especially in military operations remains very low; urges the EEAS to promote the need for a concrete target for and political commitment to increasing the number of women in the EU’s crisis management missions and operations; urges the Member States to look at ways to strengthen recruitment and retention policies and promote women’s participation in peacebuilding and peacekeeping missions; |
| --- | --- |

29.

| 30. | Stresses that only a few EU CSDP missions provide training on sexual and gender-based harassment, and calls on the EEAS and the Member States to provide mandatory training to combat such harassment in all missions and operations and to ensure that victims and whistleblowers are effectively protected; calls for the Upgraded Generic Standards of Behaviour for CSDP missions and operations to be updated to include the principle of zero tolerance of inaction on the part of EU leadership and management with regard to sexual and gender-based violence; |
| --- | --- |

30.

| 31. | Urges the VP/HR and the Member States to include references to UN Security Council Resolution 1325 and follow-up resolutions in CSDP-related Council decisions and mission mandates, and to ensure that CSDP missions and operations have an annual action plan on how to implement the objectives of the future GAP III and the EU Action Plan on WPS; calls for gender analysis to be included in new CSDP instruments, including the European Defence Fund and the proposed European Peace Facility; |
| --- | --- |

31.

| 32. | Welcomes the growing network of Gender Focal Persons, with management support and access to training; notes in this regard that a regional meeting for gender focal points based in the Western Balkans and Turkey was organised with the aim of strengthening work on gender equality and gender mainstreaming; welcomes the improved cooperation with the Western Balkans in the framework of the G7 Partnership Initiative, where the EU agreed to partner with Bosnia and Herzegovina for the enhancement of the WPS Agenda; |
| --- | --- |

32.

| 33. | Underlines the importance of promoting gender equality in the EU’s foreign policy, including through Parliament’s relations with third countries; welcomes, in this respect, the decision of Parliament’s delegations to appoint a representative for gender issues in each delegation; underlines the need to promote equality and diversity in all activities of the delegations, including during official parliamentary meetings with third countries; |
| --- | --- |

33.

Prioritising the protection and advancement of women’s and girls’ rights and their participation

| 34. | Calls for the EU and the Member States to comply with all international commitments related to the global gender equality agenda; calls, furthermore, for them to encourage and support partner states to repeal the reservations they have entered with regard to CEDAW, and to implement the Declaration and the Action Plan from the UN’s Fourth World Conference on Women in Beijing in 1995, including through legislation; |
| --- | --- |

34.

| 35. | Recalls the pivotal role of women as peacebuilders and highlights the importance of women’s role in promoting dialogue, peacebuilding and bringing different perspectives on the meaning of peace and security; points out that ensuring the meaningful and equitable participation of women in EU foreign policy negotiations and peace and security processes is linked to greater economic prosperity, fewer human rights violations and the advancement of global security, democracy and sustainable peace; notes that the promotion of women’s rights in crisis- or conflict-ridden countries fosters stronger and more resilient communities; calls on the VP/HR, the EEAS and the Member States to safeguard the rights of girls and women and ensure their full and meaningful participation across the various stages of the conflict cycle, in the context of EU conflict prevention and mediation activities; |
| --- | --- |

35.

| 36. | Points out that the commitment to preventing, combating and prosecuting all forms of sexual and gender-based violence, including intimate partner violence, online violence, harmful practices such as female genital mutilation and child, early and forced marriage, violence committed in the name of ‘honour’, conflict-related sexual and gender-based violence, trafficking, and sexual exploitation, abuse and harassment are of vital importance; stresses the need for survivor assistance in this context; highlights that specific attention should be paid to women and girls who face multiple and intersecting forms of discrimination; calls for the EU and its Member States to ratify the Istanbul Convention, as the first legally binding international instrument seeking to prevent and combat violence against women, thereby setting an example worldwide and making the EU’s commitment to eradicating such violence credible in its external relations; calls for the EU guidelines on violence against women and girls and combating all forms of discrimination against them to be revised and updated; |
| --- | --- |

36.

| 37. | Stresses that achieving gender equality is not possible without the inclusion of men and boys; believes that in the process of advancing gender equality, men and boys must be invited to participate and contribute actively as actors of change, thereby addressing gender stereotypes; recalls in particular the role and responsibility of men and boys in combating sexual and gender-based violence; |
| --- | --- |

37.

| 38. | Calls on the VP/HR, the EEAS and the Member States to ensure full implementation of the EU Guidelines on Human Rights Defenders and to adopt an annex aiming to recognise and develop additional strategies and tools to better and more effectively respond to and prevent the specific situations, threats and risk factors faced by women human rights defenders, including girls and young women activists; calls for the immediate application of a gender perspective and specific measures to support women human rights defenders in all programmes and instruments aiming to protect human rights defenders; |
| --- | --- |

38.

| 39. | Stresses that in many parts of the world, women’s and girl’s human rights are not fully guaranteed, and civil society organisations, including women’s and girl’s rights organisations, are facing increasing challenges in the shrinking democratic space available worldwide; recalls the essential work done by civil society organisations on the ground to sustain peace and promote women’s engagement in peace processes, politics, governance, institution building, the rule of law and the security sector; calls on the EU delegations to monitor the backlash against gender equality and SRHR and the tendency towards shrinking space for civil society and to take specific steps to protect civil society from threats, harassment, violence and hate speech; urges the Commission, the EEAS, Member States and Heads of EU Delegations to ensure support, by promoting a proper level of capacity building, for local civil society, including women’s organisations and human rights defenders, and to make cooperation and consultation with them a standard element of their work; urges the Commission and Member States to support initiatives that aim to challenge and transform negative gender norms and stereotypes in all contexts; |
| --- | --- |

39.

| 40. | Calls on the Commission and the EEAS to systematically support SRHR, which will contribute to the achievement of all the health-related SDGs, such as prenatal care and measures to avoid high-risk births and reduce infant and child mortality; points out the need to support access to family planning and maternal health services, comprehensive age-appropriate sexuality education, contraception, safe and legal abortion services, and respect for women’s right to make decisions about their own bodies and to be protected against any form of discrimination, coercion or violence in this regard; calls on the Commission to counter the impact of the ‘global gag rule’ by significantly supporting SRHR funding through the financing instruments available in the EU’s external dimension; |
| --- | --- |

40.

| 41. | Recalls that women and girls are disproportionately affected by climate change as a result of cultural and structural gender inequalities; recognises that gender equality is essential to achieving peace, security and sustainable development and the efficient management of climate challenges and that in order to achieve a fair and just transition which leaves no one behind an intersectional perspective is crucial; points out that only 30 % of climate negotiators are women and recalls that the meaningful and equal participation of women in decision making bodies at EU, national and local level in the field of climate policy and action is vital for achieving long-term climate goals; strongly recommends that GAP III make clear its links to the Paris Agreement and asks the EU and its Member States to ensure access for women’s organisations to international climate funds; |
| --- | --- |

41.

| 42. | Regrets that women and girls around the world are still subjected to systematic discrimination in multiple forms; notes the need to combat women’s poverty by ensuring their equal access to economic resources; recalls that greater inclusion of women in the labour market, better support for female entrepreneurship, equal access to capital, including for female entrepreneurs, safeguarding equal opportunities and equal pay for men and women for equal work, and promoting work-life balance are key factors for achieving long-term sustainable and inclusive economic prosperity, combating inequalities and encouraging women’s financial independence; calls on the Member States and EU institutions in this regard to increase, where appropriate, the availability of financing, including by means of microcredits, and to work with partner countries to advance the status of women, including in areas such as inheritance rights to property and land, access to legal status and to financial and digital literacy, and protection from child labour and other forms of exploitation; |
| --- | --- |

42.

| 43. | Stresses the need to implement a gender perspective within EU migration policy that guarantees the rights of women and girl asylum seekers and refugees, to immediately introduce gender-sensitive asylum and migration procedures and to step up work in order to ensure proper identification of and protection against potential violence, harassment, rape and the trafficking of women at reception centres across Europe; |
| --- | --- |

43.

| 44. | Condemns all forms of violence against women and girls, including trafficking in human beings; calls on the Commission and Member States to enhance cooperation with third countries in order to combat all forms of trafficking in human beings, paying particular attention to the gender dimension of trafficking so as to specifically combat child marriage, the sexual exploitation of women and girls and sex tourism; calls for the establishment of a gender-sensitive approach to trafficking in human beings, by comprehensively addressing the impact it has on the realisation of a wide range of human rights; |
| --- | --- |

44.

| 45. | Insists that girls and women who are victims of war rape must have access to non-discriminatory care, and specifically to comprehensive medical care; insists in this context on the need to ensure the protection of the right to life and dignity of all women and girls by actively combating harmful practices; highlights that the use of rape as a weapon of war and oppression must be eliminated, and that the EU must bring pressure to bear on third-country governments and all stakeholders implicated in regions where such gender-based violence takes place, in order to bring the practice to an end, bring perpetrators to justice and work with survivors, the women affected and communities to help them heal and recover; |
| --- | --- |

45.

| 46. | Notes the continued progress on the implementation of the EU-UN Spotlight Initiative to eliminate violence against women and girls worldwide, which amounted to EUR 270 million committed for programmes in Africa and Latin America in 2018; calls for the EU’s strong leadership on the Call to Action on Protection from Gender-Based Violence in Emergencies and the support provided to the survivors of conflict-related sexual and gender-based violence; reminds the Commission and the EU Member States of the importance of the outcome of the Oslo Conference on Ending Sexual and Gender-Based Violence in Humanitarian Crises; |
| --- | --- |

46.

| 47. | Notes that in 2018 the EU and the UN agreed on a new set of forward-looking priorities for cooperation on peace operations and crisis management for 2019-2021; stresses the need to make the establishment of an EU-UN collaborative platform on WPS an important part of the foreign affairs and security agenda; |
| --- | --- |

47.

| 48. | Notes that the UN has warned that the COVID-19 pandemic is exposing and exacerbating all kinds of inequalities, including gender inequality; is deeply concerned by the unequal division of both domestic and public care work, with women making up around 70 % of the global health workforce, the worrisome spike in gender-based violence, partially due to extended periods of confinement, and limited access to reproductive and maternal health; calls therefore for the development of targeted and specific actions to address the socio-economic impact of COVID-19 in women and girls; stresses that adequate funding must be made urgently available to ensure that women’s organisations, human rights defenders and peacebuilders have full and unhindered access to quality technology in order to enable their meaningful participation in decision-making processes during the COVID-19 crisis; emphasises the need for the VP/HR and the Commission to acknowledge the necessity of human security, which includes all aspects of the EU Strategic Approach to WPS; stresses the need to ensure that the implementation of the EU’s global response to COVID-19 is not gender-blind, and that the specific needs of women and other marginalised groups should be addressed appropriately and their involvement throughout the whole programming cycle should be ensured; |
| --- | --- |

48.

o

o o

| 49. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

49.

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(1)  OJ L 101, 15.4.2011, p. 1.

(2)  OJ L 335, 17.12.2011, p. 1.

(3)  OJ C 76, 9.3.2020, p. 168.

(4)  OJ C 99 E, 3.4.2012, p. 56.

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RECOMMENDATIONS

European Parliament

Tuesday 20 October 2020

| 6.10.2021 | EN | Official Journal of the European Union | C 404/215 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/215

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P9_TA(2020)0278

Recommendation to the Council and the VPC/HR concerning the Implementation and governance of Permanent Structured Cooperation (PESCO)

European Parliament recommendation of 20 October 2020 to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the implementation and governance of Permanent Structured Cooperation (PESCO) (2020/2080(INI))

(2021/C 404/13)

The European Parliament,

| — | having regard to the Treaty on European Union (TEU) and in particular its Article 36, Article 42(6), Article 46, and its Protocol (No 10) on permanent structured cooperation, |
| --- | --- |

—

having regard to the Treaty on European Union (TEU) and in particular its Article 36, Article 42(6), Article 46, and its Protocol (No 10) on permanent structured cooperation,

| — | having regard to Council Decision (CFSP) 2017/2315 of 11 December 2017 establishing permanent structured cooperation (PESCO) and determining the list of participating Member States (1), |
| --- | --- |

—

having regard to Council Decision (CFSP) 2017/2315 of 11 December 2017 establishing permanent structured cooperation (PESCO) and determining the list of participating Member States (1),

| — | having regard to Council Decision (CFSP) 2018/340 of 6 March 2018 establishing the list of projects to be developed under PESCO (2), |
| --- | --- |

—

having regard to Council Decision (CFSP) 2018/340 of 6 March 2018 establishing the list of projects to be developed under PESCO (2),

| — | having regard to Council Decision (CFSP) 2018/909 of 25 June 2018 establishing a common set of governance rules for PESCO projects (3), |
| --- | --- |

—

having regard to Council Decision (CFSP) 2018/909 of 25 June 2018 establishing a common set of governance rules for PESCO projects (3),

| — | having regard to Council Decision (CFSP) 2018/1797 of 19 November 2018 amending and updating Decision (CFSP) 2018/340 establishing the list of projects to be developed under PESCO (4), |
| --- | --- |

—

having regard to Council Decision (CFSP) 2018/1797 of 19 November 2018 amending and updating Decision (CFSP) 2018/340 establishing the list of projects to be developed under PESCO (4),

| — | having regard to Council Decision (CFSP) 2019/1909 of 12 November 2019 amending and updating Decision (CFSP) 2018/340 establishing the list of projects to be developed under PESCO (5), |
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—

having regard to Council Decision (CFSP) 2019/1909 of 12 November 2019 amending and updating Decision (CFSP) 2018/340 establishing the list of projects to be developed under PESCO (5),

| — | having regard to the Council conclusions of 13 November 2017 on security and defence in the context of the EU Global Strategy, |
| --- | --- |

—

having regard to the Council conclusions of 13 November 2017 on security and defence in the context of the EU Global Strategy,

| — | having regard to the Council conclusions of 19 November 2018 on Security and Defence in the context of the EU Global Strategy, |
| --- | --- |

—

having regard to the Council conclusions of 19 November 2018 on Security and Defence in the context of the EU Global Strategy,

| — | having regard to the Council conclusions of 17 June 2019 on Security and Defence in the context of the EU Global Strategy, |
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—

having regard to the Council conclusions of 17 June 2019 on Security and Defence in the context of the EU Global Strategy,

| — | having regard to the Council Recommendation of 15 October 2018 concerning the sequencing of the fulfilment of the more binding commitments undertaken in the framework of permanent structured cooperation (PESCO) and specifying more precise objectives (2018/C374/01) (6), |
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—

having regard to the Council Recommendation of 15 October 2018 concerning the sequencing of the fulfilment of the more binding commitments undertaken in the framework of permanent structured cooperation (PESCO) and specifying more precise objectives (2018/C374/01) (6),

| — | having regard to its resolution of 16 March 2017 on constitutional, legal and institutional implications of a common security and defence policy: possibilities offered by the Lisbon Treaty (7), |
| --- | --- |

—

having regard to its resolution of 16 March 2017 on constitutional, legal and institutional implications of a common security and defence policy: possibilities offered by the Lisbon Treaty (7),

| — | having regard to the Arms Trade Treaty, which entered into force in December 2014, |
| --- | --- |

—

having regard to the Arms Trade Treaty, which entered into force in December 2014,

| — | having regard to European Court of Auditors Review No 09/2019 of September 2019 on European defence, |
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—

having regard to European Court of Auditors Review No 09/2019 of September 2019 on European defence,

| — | having regard to Rule 118 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 118 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A9-0165/2020), |
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—

having regard to the report of the Committee on Foreign Affairs (A9-0165/2020),

| A. | whereas in accordance with Article 42(2) TEU, the common security and defence policy (CSDP) includes the progressive framing of a common EU defence policy, which will lead to a common defence being put in place when the European Council, acting unanimously, so decides; whereas PESCO constitutes an important step towards achieving this objective; |
| --- | --- |

A.

whereas in accordance with Article 42(2) TEU, the common security and defence policy (CSDP) includes the progressive framing of a common EU defence policy, which will lead to a common defence being put in place when the European Council, acting unanimously, so decides; whereas PESCO constitutes an important step towards achieving this objective;

| B. | whereas PESCO should be used to further operationalise and develop the obligation laid out in Article 42(7) TEU to provide mutual aid and assistance, as recalled in the joint notification by Member States to the Council and to the High Representative of the Union for Foreign Affairs and Security Policy on PESCO, signed by 23 Member States on 13 November 2017, in order to improve the readiness of the Member States to provide solidarity to a fellow Member State if it becomes the victim of an armed aggression on its territory; |
| --- | --- |

B.

whereas PESCO should be used to further operationalise and develop the obligation laid out in Article 42(7) TEU to provide mutual aid and assistance, as recalled in the joint notification by Member States to the Council and to the High Representative of the Union for Foreign Affairs and Security Policy on PESCO, signed by 23 Member States on 13 November 2017, in order to improve the readiness of the Member States to provide solidarity to a fellow Member State if it becomes the victim of an armed aggression on its territory;

| C. | whereas according to Article 1(a) of the Protocol (No 10) on permanent structured cooperation established by Article 42 TEU, one of the objectives of PESCO is for the Member States to develop their defence capabilities more intensively by furthering their national contributions and participation, where appropriate, in multinational forces, the main European equipment programmes, and in the European Defence Agency’s activities; |
| --- | --- |

C.

whereas according to Article 1(a) of the Protocol (No 10) on permanent structured cooperation established by Article 42 TEU, one of the objectives of PESCO is for the Member States to develop their defence capabilities more intensively by furthering their national contributions and participation, where appropriate, in multinational forces, the main European equipment programmes, and in the European Defence Agency’s activities;

| D. | whereas Article 1(b) of Protocol No 10 states that the Member States are to ‘have the capacity to supply by 2010 at the latest either at national level or as a component of multinational force groups, targeted combat units for the missions planned, structured at a tactical level as a battle group, with support elements including transport and logistics, capable of carrying out the tasks referred to in Article 43 TEU, within a period of five to 30 days, in particular in response to requests from the United Nations Organisation, and which can be sustained for an initial period of 30 days and be extended up to at least 120 days’; whereas Article 1(b) needs to be revised in order to adequately respond to the challenging geopolitical environment; whereas the Member States are still far from achieving this goal; |
| --- | --- |

D.

whereas Article 1(b) of Protocol No 10 states that the Member States are to ‘have the capacity to supply by 2010 at the latest either at national level or as a component of multinational force groups, targeted combat units for the missions planned, structured at a tactical level as a battle group, with support elements including transport and logistics, capable of carrying out the tasks referred to in Article 43 TEU, within a period of five to 30 days, in particular in response to requests from the United Nations Organisation, and which can be sustained for an initial period of 30 days and be extended up to at least 120 days’; whereas Article 1(b) needs to be revised in order to adequately respond to the challenging geopolitical environment; whereas the Member States are still far from achieving this goal;

| E. | whereas the establishment of an EU common defence strategy is needed now more than ever in the context of multiple and growing threats; |
| --- | --- |

E.

whereas the establishment of an EU common defence strategy is needed now more than ever in the context of multiple and growing threats;

| F. | whereas the level of ambition under the EU Global Strategy in the field of security and defence covers crisis management and capacity building in partner countries with the aim of protecting Europe and its citizens; whereas no Member State can protect itself alone, given that the security and defence threats the EU faces, and which are targeted against its citizens, territories and infrastructures, are common multi-faceted threats that cannot be addressed by a single Member State on its own; whereas an effective EU system for efficient, coherent, strategic and joint use of resources would be advantageous for the EU’s overall level of security and defence and is more than ever necessary in a fast-deteriorating security environment; whereas increased efforts at cooperation on cyber defence, such as information sharing, training and operational support, are needed in order to better counter hybrid threats; |
| --- | --- |

F.

whereas the level of ambition under the EU Global Strategy in the field of security and defence covers crisis management and capacity building in partner countries with the aim of protecting Europe and its citizens; whereas no Member State can protect itself alone, given that the security and defence threats the EU faces, and which are targeted against its citizens, territories and infrastructures, are common multi-faceted threats that cannot be addressed by a single Member State on its own; whereas an effective EU system for efficient, coherent, strategic and joint use of resources would be advantageous for the EU’s overall level of security and defence and is more than ever necessary in a fast-deteriorating security environment; whereas increased efforts at cooperation on cyber defence, such as information sharing, training and operational support, are needed in order to better counter hybrid threats;

| G. | whereas the main actors of PESCO are the participating Member States (pMS), which provide the capabilities for implementing CSDP (Article 42(1) and Article 42(3) TEU), and which deploy them in EU operations and missions where the Council entrusts them with the execution of a task, within the Union framework (Article 42(1), (4) and (5), Article 43 and Article 44 TEU), and which develop their defence capabilities, inter alia, when appropriate within the framework of the European Defence Agency (Article 42(3) and Article 45 TEU); |
| --- | --- |

G.

whereas the main actors of PESCO are the participating Member States (pMS), which provide the capabilities for implementing CSDP (Article 42(1) and Article 42(3) TEU), and which deploy them in EU operations and missions where the Council entrusts them with the execution of a task, within the Union framework (Article 42(1), (4) and (5), Article 43 and Article 44 TEU), and which develop their defence capabilities, inter alia, when appropriate within the framework of the European Defence Agency (Article 42(3) and Article 45 TEU);

| H. | whereas PESCO’s long-term vision is to provide the Union with operational capacity drawing on military assets which are complemented by civilian means, to achieve a coherent full-spectrum force package available to the Member States for military CSDP; whereas PESCO should enhance the EU’s capacity to act as an international security provider in order to contribute effectively and credibly to international, regional and European security, including by preventing the importation of insecurity, and to enhance interoperability in order to protect EU citizens and maximise the effectiveness of defence spending by reducing duplication, overcapacity and uncoordinated procurement; |
| --- | --- |

H.

whereas PESCO’s long-term vision is to provide the Union with operational capacity drawing on military assets which are complemented by civilian means, to achieve a coherent full-spectrum force package available to the Member States for military CSDP; whereas PESCO should enhance the EU’s capacity to act as an international security provider in order to contribute effectively and credibly to international, regional and European security, including by preventing the importation of insecurity, and to enhance interoperability in order to protect EU citizens and maximise the effectiveness of defence spending by reducing duplication, overcapacity and uncoordinated procurement;

| I. | whereas according to Council decision (CFSP) 2017/2315 establishing PESCO, enhanced defence capabilities of the Member States will also benefit NATO, following the single set of forces principle, provided that duplication is avoided and interoperability is prioritised, while strengthening the European pillar within the alliance and responding to repeated calls for more balanced transatlantic burden-sharing; whereas NATO remains the cornerstone of the security architecture of many Member States; |
| --- | --- |

I.

whereas according to Council decision (CFSP) 2017/2315 establishing PESCO, enhanced defence capabilities of the Member States will also benefit NATO, following the single set of forces principle, provided that duplication is avoided and interoperability is prioritised, while strengthening the European pillar within the alliance and responding to repeated calls for more balanced transatlantic burden-sharing; whereas NATO remains the cornerstone of the security architecture of many Member States;

| J. | whereas PESCO creates a binding framework between the pMS, which committed themselves to jointly investing, planning, developing and operating defence capabilities within the Union framework in a permanent and structured manner by subscribing to 20 binding commitments in five areas set by the TEU; whereas these commitments should constitute a move from mere defence cooperation towards full interoperability as well as the enhancement of Member States’ defence forces through bilateral mutual beneficial partnerships; whereas these binding commitments are evaluated annually in the national implementation plans by the PESCO secretariat, which can be consulted by the participating Member States; whereas despite these binding commitments, no effective compliance mechanism for PESCO is in place; whereas PESCO projects should be implemented in a manner that reflects the industrial capacity, duplication concerns or budgetary constraints of pMS; whereas the compliance mechanism for PESCO should be improved; |
| --- | --- |

J.

whereas PESCO creates a binding framework between the pMS, which committed themselves to jointly investing, planning, developing and operating defence capabilities within the Union framework in a permanent and structured manner by subscribing to 20 binding commitments in five areas set by the TEU; whereas these commitments should constitute a move from mere defence cooperation towards full interoperability as well as the enhancement of Member States’ defence forces through bilateral mutual beneficial partnerships; whereas these binding commitments are evaluated annually in the national implementation plans by the PESCO secretariat, which can be consulted by the participating Member States; whereas despite these binding commitments, no effective compliance mechanism for PESCO is in place; whereas PESCO projects should be implemented in a manner that reflects the industrial capacity, duplication concerns or budgetary constraints of pMS; whereas the compliance mechanism for PESCO should be improved;

| K. | whereas the pMS must show full political engagement with the 20 binding commitments to which they have subscribed; whereas military capacity planning cycles usually take longer than three years; whereas the current national military capacity planning cycles are mostly driven by the previously established NATO Defence Planning Process; whereas more progress should be achieved with regard to significantly embedding PESCO into national defence planning processes in order to ensure the capacity of pMS to finalise PESCO projects; |
| --- | --- |

K.

whereas the pMS must show full political engagement with the 20 binding commitments to which they have subscribed; whereas military capacity planning cycles usually take longer than three years; whereas the current national military capacity planning cycles are mostly driven by the previously established NATO Defence Planning Process; whereas more progress should be achieved with regard to significantly embedding PESCO into national defence planning processes in order to ensure the capacity of pMS to finalise PESCO projects;

| L. | whereas PESCO was originally conceived as an avant-garde, comprising the Member States willing and able to upgrade their cooperation in defence to a new level of ambition; whereas the fact that there are 25 pMS must not lead PESCO to be constrained by the ‘lowest common denominator’ approach; whereas the number of pMS indicates a willingness for closer cooperation in security and defence; |
| --- | --- |

L.

whereas PESCO was originally conceived as an avant-garde, comprising the Member States willing and able to upgrade their cooperation in defence to a new level of ambition; whereas the fact that there are 25 pMS must not lead PESCO to be constrained by the ‘lowest common denominator’ approach; whereas the number of pMS indicates a willingness for closer cooperation in security and defence;

| M. | whereas work on the first three waves of PESCO projects has led to the establishment and adoption of 47 projects; whereas to date, none has come to fruition; whereas the projects in the first wave are mainly capability-building projects involving as many Member States as possible; whereas the inclusive nature of PESCO projects should not lead the pMS to water down their ambitions; whereas it is essential that PESCO focus on projects that deliver genuine added value; |
| --- | --- |

M.

whereas work on the first three waves of PESCO projects has led to the establishment and adoption of 47 projects; whereas to date, none has come to fruition; whereas the projects in the first wave are mainly capability-building projects involving as many Member States as possible; whereas the inclusive nature of PESCO projects should not lead the pMS to water down their ambitions; whereas it is essential that PESCO focus on projects that deliver genuine added value;

| N. | whereas there seems to be no overarching common logic between the 47 PESCO projects; whereas the current list of projects lacks coherence, scope and strategic ambition so that the most obvious capability gaps will not be filled, and does not adequately or fully address critical shortfalls as identified by the Headline Goal Process through the Capability Development Plan (CDP) and the Coordinated Annual Review on Defence (CARD); whereas one of these projects has been stopped in order to avoid unnecessary duplication; whereas other projects did not make sufficient progress or are at risk of being stopped, and around 30 projects are still in the conceptual development and preparatory phase; whereas the development of ambitious military capacity projects can take up to 10 years; whereas the vast majority of PESCO projects coincide with European Defence Fund (EDF) and NATO shortfalls; |
| --- | --- |

N.

whereas there seems to be no overarching common logic between the 47 PESCO projects; whereas the current list of projects lacks coherence, scope and strategic ambition so that the most obvious capability gaps will not be filled, and does not adequately or fully address critical shortfalls as identified by the Headline Goal Process through the Capability Development Plan (CDP) and the Coordinated Annual Review on Defence (CARD); whereas one of these projects has been stopped in order to avoid unnecessary duplication; whereas other projects did not make sufficient progress or are at risk of being stopped, and around 30 projects are still in the conceptual development and preparatory phase; whereas the development of ambitious military capacity projects can take up to 10 years; whereas the vast majority of PESCO projects coincide with European Defence Fund (EDF) and NATO shortfalls;

| O. | whereas the second phase of PESCO is to start in 2021; whereas this second phase will deliver concrete and significant results, which means that a prioritisation of projects is necessary; |
| --- | --- |

O.

whereas the second phase of PESCO is to start in 2021; whereas this second phase will deliver concrete and significant results, which means that a prioritisation of projects is necessary;

| P. | whereas certain PESCO projects are focussed on operational deployment, such as EUFOR Crisis Response Operation Core (EUFOR CROC), Military Mobility and Network of Logistic Hubs, while others are more focussed on the development of military capacities, such as Cyber Rapid Response Teams and Mutual Assistance in Cyber Security (CRRTs); whereas both approaches are needed to decisively contribute to the evolution towards an EU common integrated security and defence strategy; |
| --- | --- |

P.

whereas certain PESCO projects are focussed on operational deployment, such as EUFOR Crisis Response Operation Core (EUFOR CROC), Military Mobility and Network of Logistic Hubs, while others are more focussed on the development of military capacities, such as Cyber Rapid Response Teams and Mutual Assistance in Cyber Security (CRRTs); whereas both approaches are needed to decisively contribute to the evolution towards an EU common integrated security and defence strategy;

| Q. | whereas some of the most strategic PESCO projects have the potential to decisively contribute to the Union’s strategic autonomy and to decisively contribute to the creation of a coherent full-spectrum force package; |
| --- | --- |

Q.

whereas some of the most strategic PESCO projects have the potential to decisively contribute to the Union’s strategic autonomy and to decisively contribute to the creation of a coherent full-spectrum force package;

| R. | whereas major European defence projects such as the Future Air Combat System (FCAS) and the Main Ground Combat System (MGCS) currently remain outside the scope of PESCO; |
| --- | --- |

R.

whereas major European defence projects such as the Future Air Combat System (FCAS) and the Main Ground Combat System (MGCS) currently remain outside the scope of PESCO;

| S. | whereas it is crucial to prioritise and address the capability gaps identified in the CDP, and to build on the CARD with the aim of increasing Europe’s strategic autonomy; |
| --- | --- |

S.

whereas it is crucial to prioritise and address the capability gaps identified in the CDP, and to build on the CARD with the aim of increasing Europe’s strategic autonomy;

| T. | whereas only some of the current PESCO projects do sufficiently address the capability shortcomings identified under the CDP and CARD or already sufficiently take into account the High Impact Capacity Goals deriving from the CDP, and should be considered as a priority; |
| --- | --- |

T.

whereas only some of the current PESCO projects do sufficiently address the capability shortcomings identified under the CDP and CARD or already sufficiently take into account the High Impact Capacity Goals deriving from the CDP, and should be considered as a priority;

| U. | whereas the consistency, coherence and mutual reinforcement between PESCO, CARD, national implementation plans (NIPs) and the CDP has to be further improved; |
| --- | --- |

U.

whereas the consistency, coherence and mutual reinforcement between PESCO, CARD, national implementation plans (NIPs) and the CDP has to be further improved;

| V. | whereas the NATO Defence Planning Process (NDPP) contributes to national defence planning processes in 21 pMS which are members of NATO; |
| --- | --- |

V.

whereas the NATO Defence Planning Process (NDPP) contributes to national defence planning processes in 21 pMS which are members of NATO;

| W. | whereas interactions between Member States’ national priorities, EU priorities and NATO priorities should take place at the earliest possible convenience where appropriate and relevant; whereas EU and NATO priorities should be better harmonised in order to achieve EU capability targets; |
| --- | --- |

W.

whereas interactions between Member States’ national priorities, EU priorities and NATO priorities should take place at the earliest possible convenience where appropriate and relevant; whereas EU and NATO priorities should be better harmonised in order to achieve EU capability targets;

| X. | whereas while taking into account the different nature of the two organisations and their respective responsibilities, PESCO should be an effective and complementary tool to address the capability development priorities and provide the military capabilities identified in the EU and may make a contribution to the NATO objectives; |
| --- | --- |

X.

whereas while taking into account the different nature of the two organisations and their respective responsibilities, PESCO should be an effective and complementary tool to address the capability development priorities and provide the military capabilities identified in the EU and may make a contribution to the NATO objectives;

| Y. | whereas in conjunction with the EU Global Strategy, a specific defence and security strategy such as the EU Security and Defence White Book suggested in numerous Parliament reports could facilitate a shared understanding of current and future challenges and provide important guidance to PESCO and the CDP deriving from an understanding of strategic ambitions and actions to be taken in the long run; |
| --- | --- |

Y.

whereas in conjunction with the EU Global Strategy, a specific defence and security strategy such as the EU Security and Defence White Book suggested in numerous Parliament reports could facilitate a shared understanding of current and future challenges and provide important guidance to PESCO and the CDP deriving from an understanding of strategic ambitions and actions to be taken in the long run;

| Z. | whereas currently, PESCO projects are dependent on the 25 participating Member States’ financial contributions; whereas it is expected that, as a result of the COVID-19 pandemic, national defence budgets will suffer reductions; whereas paradoxically, several of the current 47 PESCO projects, if funded accordingly, could strengthen Member States’ preparedness, should another massive public health crisis occur: Military Mobility, the European Medical Command and many other projects in areas related to logistics and transportation, healthcare, disaster relief, preparedness against chemical, biological, radiological and nuclear (CBRN) weapons and the fight against malicious cyber activities and hostile disinformation campaigns; whereas cutting funding for the strategic capabilities that the EU and its Member States currently lack would also weaken their ability to jointly act against future pandemics, CBRN threats and other unpredictable risks with major international impacts; |
| --- | --- |

Z.

whereas currently, PESCO projects are dependent on the 25 participating Member States’ financial contributions; whereas it is expected that, as a result of the COVID-19 pandemic, national defence budgets will suffer reductions; whereas paradoxically, several of the current 47 PESCO projects, if funded accordingly, could strengthen Member States’ preparedness, should another massive public health crisis occur: Military Mobility, the European Medical Command and many other projects in areas related to logistics and transportation, healthcare, disaster relief, preparedness against chemical, biological, radiological and nuclear (CBRN) weapons and the fight against malicious cyber activities and hostile disinformation campaigns; whereas cutting funding for the strategic capabilities that the EU and its Member States currently lack would also weaken their ability to jointly act against future pandemics, CBRN threats and other unpredictable risks with major international impacts;

| AA. | whereas funding dual-use transport infrastructure will benefit both civilian and military mobility, and whereas implementing harmonised administrative procedures could lead to resources being moved through proper supply routes across the EU and help in building a common security and defence environment; |
| --- | --- |

AA.

whereas funding dual-use transport infrastructure will benefit both civilian and military mobility, and whereas implementing harmonised administrative procedures could lead to resources being moved through proper supply routes across the EU and help in building a common security and defence environment;

| AB. | whereas PESCO and the future EDF must be mutually reinforcing and whereas interlinkages between them must be further developed in order to deliver critical capabilities identified under the CDP; |
| --- | --- |

AB.

whereas PESCO and the future EDF must be mutually reinforcing and whereas interlinkages between them must be further developed in order to deliver critical capabilities identified under the CDP;

| AC. | whereas the prospect of receiving co-financing for the research and development capacities deriving from certain PESCO projects via the future EDF has led pMS to multiply their proposals and has encouraged exchanges and cooperation; whereas all proposals must have the EU’s best common strategic interest in mind; |
| --- | --- |

AC.

whereas the prospect of receiving co-financing for the research and development capacities deriving from certain PESCO projects via the future EDF has led pMS to multiply their proposals and has encouraged exchanges and cooperation; whereas all proposals must have the EU’s best common strategic interest in mind;

| AD. | whereas in some specific cases, the participation of third countries, provided they meet an agreed set of political, substantive and legal conditions, in individual PESCO projects might be in the strategic interest of the Union, particularly when it comes to the provision of technical expertise or additional capabilities, and in case of strategic partners; whereas any third country participation in PESCO projects should not undermine the objective of fostering the EU CSDP; |
| --- | --- |

AD.

whereas in some specific cases, the participation of third countries, provided they meet an agreed set of political, substantive and legal conditions, in individual PESCO projects might be in the strategic interest of the Union, particularly when it comes to the provision of technical expertise or additional capabilities, and in case of strategic partners; whereas any third country participation in PESCO projects should not undermine the objective of fostering the EU CSDP;

| AE. | whereas third country participation can only be exceptional, decided on a case-by-case basis and at the invitation of the EU Member States; whereas any such participation should provide added value to certain projects, and contribute to strengthening PESCO and the CSDP and to meeting more demanding commitments, subject to very strict conditions and on the basis of established and effective reciprocity; |
| --- | --- |

AE.

whereas third country participation can only be exceptional, decided on a case-by-case basis and at the invitation of the EU Member States; whereas any such participation should provide added value to certain projects, and contribute to strengthening PESCO and the CSDP and to meeting more demanding commitments, subject to very strict conditions and on the basis of established and effective reciprocity;

| AF. | whereas an agreement on third country participation in PESCO projects is long overdue; |
| --- | --- |

AF.

whereas an agreement on third country participation in PESCO projects is long overdue;

| AG. | whereas, with regard to the current role of the Political and Security Committee (PSC) in the context of PESCO and capability development, Parliament has already requested that ‘the mandate of the PSC referred to in Article 38 TEU needs to be interpreted narrowly’; |
| --- | --- |

AG.

whereas, with regard to the current role of the Political and Security Committee (PSC) in the context of PESCO and capability development, Parliament has already requested that ‘the mandate of the PSC referred to in Article 38 TEU needs to be interpreted narrowly’;

| AH. | whereas the governance of PESCO is led by pMS; whereas the PESCO secretariat should continue to facilitate liaison with other EU actors as regards possible synergies with other EU instruments and initiatives to ensure transparency and inclusiveness and avoid unnecessary duplications; |
| --- | --- |

AH.

whereas the governance of PESCO is led by pMS; whereas the PESCO secretariat should continue to facilitate liaison with other EU actors as regards possible synergies with other EU instruments and initiatives to ensure transparency and inclusiveness and avoid unnecessary duplications;

| AI. | whereas the deepening of defence cooperation among Member States at EU level should go hand in hand with the strengthening of the powers of scrutiny of Member States’ parliaments and the European Parliament; |
| --- | --- |

AI.

whereas the deepening of defence cooperation among Member States at EU level should go hand in hand with the strengthening of the powers of scrutiny of Member States’ parliaments and the European Parliament;

| AJ. | whereas the Connecting Europe Facility should focus on projects related to military mobility and interoperability, which are crucial when it comes to unexpected conflict and crisis; whereas PESCO should contribute to the creation of an effective Schengen area for military mobility, with the aim of reducing procedures at borders and keeping infrastructure burdens to a minimum; whereas the Rail Baltica project, which is vital for the integration of the Baltic countries into the European rail network, should be welcomed in this regard, and its full effectiveness should be assured; |
| --- | --- |

AJ.

whereas the Connecting Europe Facility should focus on projects related to military mobility and interoperability, which are crucial when it comes to unexpected conflict and crisis; whereas PESCO should contribute to the creation of an effective Schengen area for military mobility, with the aim of reducing procedures at borders and keeping infrastructure burdens to a minimum; whereas the Rail Baltica project, which is vital for the integration of the Baltic countries into the European rail network, should be welcomed in this regard, and its full effectiveness should be assured;

| AK. | whereas PESCO can in this respect contribute to greater coherence, coordination and interoperability in security and defence, and to consolidating solidarity, cohesion and the resilience of the Union; |
| --- | --- |

AK.

whereas PESCO can in this respect contribute to greater coherence, coordination and interoperability in security and defence, and to consolidating solidarity, cohesion and the resilience of the Union;

| AL. | whereas Parliament should, jointly with the Council, exercise legislative and budgetary functions, as well as functions of political control and consultation as laid down in the Treaties; |
| --- | --- |

AL.

whereas Parliament should, jointly with the Council, exercise legislative and budgetary functions, as well as functions of political control and consultation as laid down in the Treaties;

| AM. | whereas Parliament calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy to forward his annual report on the implementation of PESCO; |
| --- | --- |

AM.

whereas Parliament calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy to forward his annual report on the implementation of PESCO;

| AN. | whereas the combined research and development efforts of pMS under PESCO will give way to significant technological breakthroughs, in turn providing the Union with a competitive edge in the areas of modern defence capabilities; |
| --- | --- |

AN.

whereas the combined research and development efforts of pMS under PESCO will give way to significant technological breakthroughs, in turn providing the Union with a competitive edge in the areas of modern defence capabilities;

| 1. | Recommends that the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy:






  (a) | inform and consult Parliament on the review of PESCO, and ensure that Parliament’s views are duly taken into consideration, in line with Article 36 TEU, especially in the context of the current strategic review of the first PESCO phase, which ends in 2020, in order to ensure reinforced accountability, transparency and scrutiny; |
| --- | --- | --- |

1.

(a)

inform and consult Parliament on the review of PESCO, and ensure that Parliament’s views are duly taken into consideration, in line with Article 36 TEU, especially in the context of the current strategic review of the first PESCO phase, which ends in 2020, in order to ensure reinforced accountability, transparency and scrutiny;

| (b) | Stress the importance of pursuing conflict resolution as a priority; |
| --- | --- |

(b)

Stress the importance of pursuing conflict resolution as a priority;

| (c) | implement the Union’s strategic vision and define common threats by, inter alia, implementing the level of ambition defined by the 2016 EU Global Strategy, including through the ongoing work of the Strategic Compass, which needs to be carried out in cooperation with all relevant stakeholders and institutions, and strengthen PESCO’s operational dimension; |
| --- | --- |

(c)

implement the Union’s strategic vision and define common threats by, inter alia, implementing the level of ambition defined by the 2016 EU Global Strategy, including through the ongoing work of the Strategic Compass, which needs to be carried out in cooperation with all relevant stakeholders and institutions, and strengthen PESCO’s operational dimension;

| (d) | prepare, as soon as possible, on the basis of the results of the discussion on the Strategic Compass, a fully-fledged EU Security and Defence White Book; take note of the fact that the first results of the Strategic Compass are expected in the first half of 2022; |
| --- | --- |

(d)

prepare, as soon as possible, on the basis of the results of the discussion on the Strategic Compass, a fully-fledged EU Security and Defence White Book; take note of the fact that the first results of the Strategic Compass are expected in the first half of 2022;

| (e) | ensure synergy effects and coherence between different EU defence initiatives and operations; |
| --- | --- |

(e)

ensure synergy effects and coherence between different EU defence initiatives and operations;

| (f) | encourage the pMS through focused proposals and adequate communication to evolve from a strictly national focus on defence to a stronger European one and to undertake structured efforts to increase the use of a European collaborative approach as a priority, as no individual pMS has the potential to address identified capacity shortfalls alone; encourage pMS and the Member States more generally not to reduce their defence spending in the coming years, and especially not their financial involvement in European cooperative projects; |
| --- | --- |

(f)

encourage the pMS through focused proposals and adequate communication to evolve from a strictly national focus on defence to a stronger European one and to undertake structured efforts to increase the use of a European collaborative approach as a priority, as no individual pMS has the potential to address identified capacity shortfalls alone; encourage pMS and the Member States more generally not to reduce their defence spending in the coming years, and especially not their financial involvement in European cooperative projects;

| (g) | increase the EU’s budgetary ambition for the strengthening of defence capabilities, notably through the sufficient financing of the future EDF and Military Mobility in the upcoming multiannual financial framework (MFF); |
| --- | --- |

(g)

increase the EU’s budgetary ambition for the strengthening of defence capabilities, notably through the sufficient financing of the future EDF and Military Mobility in the upcoming multiannual financial framework (MFF);

| (h) | ensure that PESCO is effectively used as an instrument towards sustainable and efficient EU defence cooperation, improving the defence capabilities of pMS and interoperability as a common goal, especially in terms of availability, interoperability, flexibility and deployability of forces in line with the ambition for greater EU strategic autonomy, while maintaining close cooperation between willing pMS, increasing EU-NATO cooperation as regards EU-NATO members and maintaining close cooperation with other international partners; |
| --- | --- |

(h)

ensure that PESCO is effectively used as an instrument towards sustainable and efficient EU defence cooperation, improving the defence capabilities of pMS and interoperability as a common goal, especially in terms of availability, interoperability, flexibility and deployability of forces in line with the ambition for greater EU strategic autonomy, while maintaining close cooperation between willing pMS, increasing EU-NATO cooperation as regards EU-NATO members and maintaining close cooperation with other international partners;

| (i) | ensure that the funding of capacities derived from PESCO projects by the EDF is focused on a set of strategic key projects, in line with the priorities of the CDP, in order to maximise its impact; ensure that the selection of PESCO projects is in line with the High Impact Capacity Goals of the CDP; |
| --- | --- |

(i)

ensure that the funding of capacities derived from PESCO projects by the EDF is focused on a set of strategic key projects, in line with the priorities of the CDP, in order to maximise its impact; ensure that the selection of PESCO projects is in line with the High Impact Capacity Goals of the CDP;

| (j) | recognise that Parliament, jointly with the Council, exercises legislative and budgetary functions, as well as functions of political control and consultation as laid down in the Treaties; |
| --- | --- |

(j)

recognise that Parliament, jointly with the Council, exercises legislative and budgetary functions, as well as functions of political control and consultation as laid down in the Treaties;

| (k) | incorporate directly into the PESCO project cycle the link between PESCO and the European Defence Industrial Procurement Programme (EDIDP) and EDF with the aim of contributing more effectively to the achievement of the Union’s ambitions in the area of security and defence; impose the documentation of each project, before selection on the budgetary side; |
| --- | --- |

(k)

incorporate directly into the PESCO project cycle the link between PESCO and the European Defence Industrial Procurement Programme (EDIDP) and EDF with the aim of contributing more effectively to the achievement of the Union’s ambitions in the area of security and defence; impose the documentation of each project, before selection on the budgetary side;

| (l) | focus PESCO efforts on projects aimed at systematically strengthening military CSDP,






  (i) | which contribute to remedying significant capability shortfalls with a more operational focus, in direct response to the needs of European armed forces engaged in operations, |
| --- | --- | --- |

(l)

focus PESCO efforts on projects aimed at systematically strengthening military CSDP,

(i)

which contribute to remedying significant capability shortfalls with a more operational focus, in direct response to the needs of European armed forces engaged in operations,

| (ii) | with a strategic and integrative dimension, such as EUFOR CROC, Military Mobility, Network of Logistic Hubs or CRRT, or |
| --- | --- |

(ii)

with a strategic and integrative dimension, such as EUFOR CROC, Military Mobility, Network of Logistic Hubs or CRRT, or

| (iii) | that create additional synergies and effects of scale, where appropriate; |
| --- | --- |

(iii)

that create additional synergies and effects of scale, where appropriate;

| (m) | focus PESCO on constructive projects with a genuine European strategic dimension, thereby strengthening Europe’s defence industrial and technological base; |
| --- | --- |

(m)

focus PESCO on constructive projects with a genuine European strategic dimension, thereby strengthening Europe’s defence industrial and technological base;

| (n) | underline the importance of a small number of strategic projects, in particular strategic enablers (command and control, transport, intelligence), which should be prioritised as they lay down the foundations of a more integrated European defence; |
| --- | --- |

(n)

underline the importance of a small number of strategic projects, in particular strategic enablers (command and control, transport, intelligence), which should be prioritised as they lay down the foundations of a more integrated European defence;

| (o) | take note of the fact that the creation of PESCO in the framework of the Lisbon Treaty was seen as the establishment of an avant-garde of Member States willing to pool resources and capabilities to achieve ambitious common objectives in the field of security and defence; consider the need for the Union to progressively develop a common framework under the responsibility of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, within which the Member States would conduct their own national defence policy reviews, share results and pool intelligence as a means of establishing the foundation of a genuine European defence; |
| --- | --- |

(o)

take note of the fact that the creation of PESCO in the framework of the Lisbon Treaty was seen as the establishment of an avant-garde of Member States willing to pool resources and capabilities to achieve ambitious common objectives in the field of security and defence; consider the need for the Union to progressively develop a common framework under the responsibility of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, within which the Member States would conduct their own national defence policy reviews, share results and pool intelligence as a means of establishing the foundation of a genuine European defence;

| (p) | recognise the value, in this regard, of the political guidelines of the Commission regarding defence policy, and in particular regarding the need for bold steps towards a genuine European Defence Union, and for an integrated and comprehensive approach to the EU’s security; take the view that the creation of a new Commission Directorate-General for Defence Industry and Space should serve as a catalyst for enhanced coherence, fair cooperation and integrated coordination in the creation of defence capabilities across the Member States, as well as for strengthening EU military infrastructure and improving the efficiency of EU industry and the internal market; |
| --- | --- |

(p)

recognise the value, in this regard, of the political guidelines of the Commission regarding defence policy, and in particular regarding the need for bold steps towards a genuine European Defence Union, and for an integrated and comprehensive approach to the EU’s security; take the view that the creation of a new Commission Directorate-General for Defence Industry and Space should serve as a catalyst for enhanced coherence, fair cooperation and integrated coordination in the creation of defence capabilities across the Member States, as well as for strengthening EU military infrastructure and improving the efficiency of EU industry and the internal market;

| (q) | recognise that Parliament should play a prominent role in the scrutiny and supervision of the implementation and evaluation of the CSDP; keep Parliament fully informed and consulted in the context of the current strategic review of the first PESCO phase, which ends in 2020; take the view that increasing defence cooperation among Member States at EU level should go hand in hand with the strengthening of Parliament’s power of scrutiny; |
| --- | --- |

(q)

recognise that Parliament should play a prominent role in the scrutiny and supervision of the implementation and evaluation of the CSDP; keep Parliament fully informed and consulted in the context of the current strategic review of the first PESCO phase, which ends in 2020; take the view that increasing defence cooperation among Member States at EU level should go hand in hand with the strengthening of Parliament’s power of scrutiny;

| (r) | strive to ensure that key capabilities such as future key land, sea, air, cyber and other platforms for the armed forces of the Member States be brought under PESCO or at least be closely connected to it, as appropriate, in order






  (i) | to increase the operational readiness of military CSDP, and |
| --- | --- | --- |

(r)

strive to ensure that key capabilities such as future key land, sea, air, cyber and other platforms for the armed forces of the Member States be brought under PESCO or at least be closely connected to it, as appropriate, in order

(i)

to increase the operational readiness of military CSDP, and

| (ii) | to ensure that PESCO efforts are complementary to existing capabilities and are used in a manner that resolves existing shortfalls and offsets overhead expenses; |
| --- | --- |

(ii)

to ensure that PESCO efforts are complementary to existing capabilities and are used in a manner that resolves existing shortfalls and offsets overhead expenses;

| (s) | formulate innovative incentives to improve the interoperability and deployment of CSDP missions and operations; |
| --- | --- |

(s)

formulate innovative incentives to improve the interoperability and deployment of CSDP missions and operations;

| (t) | increase investment in interconnecting civilian transport infrastructure that is compatible with planning for military mobility; |
| --- | --- |

(t)

increase investment in interconnecting civilian transport infrastructure that is compatible with planning for military mobility;

| (u) | study, as part of the reform of the EU Battlegroup (EU BG) system, whether to bring it under PESCO in order to increase its operational capacity, modularity and agility, by establishing standing multinational units dedicated to fulfilling military tasks as specified in Article 43 TEU and to enhancing the EU’s ability to conduct crisis management operations, including the most demanding ones such as peace-making, and to use it as a strategic over-the-horizon force; |
| --- | --- |

(u)

study, as part of the reform of the EU Battlegroup (EU BG) system, whether to bring it under PESCO in order to increase its operational capacity, modularity and agility, by establishing standing multinational units dedicated to fulfilling military tasks as specified in Article 43 TEU and to enhancing the EU’s ability to conduct crisis management operations, including the most demanding ones such as peace-making, and to use it as a strategic over-the-horizon force;

| (v) | support and promote, where relevant, the grouping of PESCO projects into capability clusters and assess their strategic relevance, keeping in mind the objective of achieving a full-spectrum force package, and concentrate efforts on those that have the highest potential to deliver European strategic autonomy; review the current list of 47 projects and either cluster or cancel projects, at the discretion of pMS, which are making insufficient progress or present insufficient mutually beneficial gain to the EU; |
| --- | --- |

(v)

support and promote, where relevant, the grouping of PESCO projects into capability clusters and assess their strategic relevance, keeping in mind the objective of achieving a full-spectrum force package, and concentrate efforts on those that have the highest potential to deliver European strategic autonomy; review the current list of 47 projects and either cluster or cancel projects, at the discretion of pMS, which are making insufficient progress or present insufficient mutually beneficial gain to the EU;

| (w) | promote compliance with the 20 PESCO commitments by establishing a clear and simple definition of compliance benchmarks, and by ensuring that future project proposals address a specific EU Capability Development Priority; ensure that any reviews of project progress are based on clear and transparent criteria including when co-financed in the framework of EDIDP/future EDF; ensure that such criteria serve as indicators for all Member States participating in PESCO projects; ensure that the pMS further increase the quality and the granularity of the information provided in their National Implementation Plans, in which they outline how they intend to meet the 20 PESCO commitments; |
| --- | --- |

(w)

promote compliance with the 20 PESCO commitments by establishing a clear and simple definition of compliance benchmarks, and by ensuring that future project proposals address a specific EU Capability Development Priority; ensure that any reviews of project progress are based on clear and transparent criteria including when co-financed in the framework of EDIDP/future EDF; ensure that such criteria serve as indicators for all Member States participating in PESCO projects; ensure that the pMS further increase the quality and the granularity of the information provided in their National Implementation Plans, in which they outline how they intend to meet the 20 PESCO commitments;

| (x) | enhance the coherence of EU defence planning and development tools and initiatives; use the synergies between the PESCO project cycle and other defence capability processes such as the EU headline Goal Process, the CDP and CARD in order to enable more focused, mature, better developed and structured projects to be submitted; make sure the submission cycle enables the synchronised implementation of several European initiatives, including the EDF; |
| --- | --- |

(x)

enhance the coherence of EU defence planning and development tools and initiatives; use the synergies between the PESCO project cycle and other defence capability processes such as the EU headline Goal Process, the CDP and CARD in order to enable more focused, mature, better developed and structured projects to be submitted; make sure the submission cycle enables the synchronised implementation of several European initiatives, including the EDF;

| (y) | encourage pMS to embed CDP into their national defence planning processes with a view to helping them to overcome capability shortcomings; |
| --- | --- |

(y)

encourage pMS to embed CDP into their national defence planning processes with a view to helping them to overcome capability shortcomings;

| (z) | reaffirm the central role of the PESCO secretariat as a single point of contact for all projects and invite the secretariat to carry out regular situation updates on the progress of projects to Parliament as well as for the benefit of all stakeholders, using information collected from the Member State(s) in charge of project coordination; encourage pMS to continue to engage in a more effective dialogue with the PESCO secretariat regarding the review and update of their National Implementation Plans; |
| --- | --- |

(z)

reaffirm the central role of the PESCO secretariat as a single point of contact for all projects and invite the secretariat to carry out regular situation updates on the progress of projects to Parliament as well as for the benefit of all stakeholders, using information collected from the Member State(s) in charge of project coordination; encourage pMS to continue to engage in a more effective dialogue with the PESCO secretariat regarding the review and update of their National Implementation Plans;

| (aa) | call on the pMS to ensure tangible progress in the achievement of the current PESCO projects; |
| --- | --- |

(aa)

call on the pMS to ensure tangible progress in the achievement of the current PESCO projects;

| (ab) | clarify the role of the Political and Security Committee in the PESCO process, which is not provided for by the TEU, and ensure, in this context, the important role played by the European Union Military Committee (EUMC) in the provision of ad hoc military advice to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy; |
| --- | --- |

(ab)

clarify the role of the Political and Security Committee in the PESCO process, which is not provided for by the TEU, and ensure, in this context, the important role played by the European Union Military Committee (EUMC) in the provision of ad hoc military advice to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy;

| (ac) | involve the EUMC in the work of defining a full-spectrum force package; |
| --- | --- |

(ac)

involve the EUMC in the work of defining a full-spectrum force package;

| (ad) | examine the establishment of an EU Council on Defence based on the existing Foreign Affairs Council in defence ministers format, which is also the EDA ministerial Steering Board and the PESCO format of EU Defence Ministers, in order to guarantee the prioritisation of resources and effective cooperation and integration among the Member States, as appropriate; |
| --- | --- |

(ad)

examine the establishment of an EU Council on Defence based on the existing Foreign Affairs Council in defence ministers format, which is also the EDA ministerial Steering Board and the PESCO format of EU Defence Ministers, in order to guarantee the prioritisation of resources and effective cooperation and integration among the Member States, as appropriate;

| (ae) | clarify or define the link between the governance of PESCO and that of the EDF and inform Parliament in the ex-post control process when it comes to EDF funding of PESCO projects; |
| --- | --- |

(ae)

clarify or define the link between the governance of PESCO and that of the EDF and inform Parliament in the ex-post control process when it comes to EDF funding of PESCO projects;

| (af) | consider, as requested by some pMS, changing the cycle of submission of PESCO projects with the aim of increasing the focus and maturity and improving the structure of these projects; |
| --- | --- |

(af)

consider, as requested by some pMS, changing the cycle of submission of PESCO projects with the aim of increasing the focus and maturity and improving the structure of these projects;

| (ag) | clarify the rules governing third-party participation in PESCO, taking into consideration the importance of EU decision-making autonomy and full reciprocity and understanding that a case-by-case approach is most beneficial for the EU, taking into account






  (i) | the need to prepare and adopt a comprehensive and fundamental document to regulate future cooperation with third-party participation in PESCO projects, and |
| --- | --- | --- |

(ag)

clarify the rules governing third-party participation in PESCO, taking into consideration the importance of EU decision-making autonomy and full reciprocity and understanding that a case-by-case approach is most beneficial for the EU, taking into account

(i)

the need to prepare and adopt a comprehensive and fundamental document to regulate future cooperation with third-party participation in PESCO projects, and

| (ii) | the fact that the decision-making process regarding the involvement of a third party should be taken at the level of each PESCO project; |
| --- | --- |

(ii)

the fact that the decision-making process regarding the involvement of a third party should be taken at the level of each PESCO project;

| (ah) | encourage ‘future threats’ to be used as the basis of future PESCO project proposals; strengthen partnerships with NATO, the UN, the African Union and beyond; ensure that the involvement and inclusion of SME’s is considered in all relevant aspects of PESCO projects; |
| --- | --- |

(ah)

encourage ‘future threats’ to be used as the basis of future PESCO project proposals; strengthen partnerships with NATO, the UN, the African Union and beyond; ensure that the involvement and inclusion of SME’s is considered in all relevant aspects of PESCO projects;

| (ai) | ensure that PESCO projects further develop and increase the industrial capacity of pMS in the fields of nanotechnologies, super-computers, artificial intelligence, drone technology, robotics and others, in turn securing European self-reliance and independence from foreign importers in these areas, as well as facilitating the creation of new jobs; |
| --- | --- |

(ai)

ensure that PESCO projects further develop and increase the industrial capacity of pMS in the fields of nanotechnologies, super-computers, artificial intelligence, drone technology, robotics and others, in turn securing European self-reliance and independence from foreign importers in these areas, as well as facilitating the creation of new jobs;

| (aj) | take note of the fact that the COVID-19 pandemic has shown that the Union does not have enough competence when it comes to healthcare; recognise that in parallel, an EU common defence strategy needs to be established to respond in the event of an attack on the EU’s borders and territories, and that PESCO is a positive step towards this objective; |
| --- | --- |

(aj)

take note of the fact that the COVID-19 pandemic has shown that the Union does not have enough competence when it comes to healthcare; recognise that in parallel, an EU common defence strategy needs to be established to respond in the event of an attack on the EU’s borders and territories, and that PESCO is a positive step towards this objective;

| (ak) | acknowledge the crucial role played by the European armed forces in addressing the challenges posed by the COVID-19 pandemic, both in terms of the management of the health emergency and support to civilian missions and operations, and the fact that they also have a cross-border dimension and solidarity function; see the potential benefits of new ambitious PESCO projects for the development of common European capabilities in this field, expanding on the work of previous projects, notably the Deployable Military Disaster Relief Capability Package and the European Medical Command; |
| --- | --- |

(ak)

acknowledge the crucial role played by the European armed forces in addressing the challenges posed by the COVID-19 pandemic, both in terms of the management of the health emergency and support to civilian missions and operations, and the fact that they also have a cross-border dimension and solidarity function; see the potential benefits of new ambitious PESCO projects for the development of common European capabilities in this field, expanding on the work of previous projects, notably the Deployable Military Disaster Relief Capability Package and the European Medical Command;

| (al) | call for the Council and the participating Member States to focus on cyber resilience and prepare a collective strategy and procedures to respond to cyber incidents through PESCO projects in order to create a more resilient environment within the Member States; |
| --- | --- |

(al)

call for the Council and the participating Member States to focus on cyber resilience and prepare a collective strategy and procedures to respond to cyber incidents through PESCO projects in order to create a more resilient environment within the Member States;

| (am) | take note of Parliament’s position on the Conference on the Future of Europe as expressed in its resolution of 15 January 2020 (8), namely that security and the role of the EU in the world should be identified among pre-defined but non-exhaustive policy priorities, and recognise that this would be an opportunity to involve citizens in the debate on strengthening PESCO as a way of making progress toward an autonomous common security and defence policy for our Union; |
| --- | --- |

(am)

take note of Parliament’s position on the Conference on the Future of Europe as expressed in its resolution of 15 January 2020 (8), namely that security and the role of the EU in the world should be identified among pre-defined but non-exhaustive policy priorities, and recognise that this would be an opportunity to involve citizens in the debate on strengthening PESCO as a way of making progress toward an autonomous common security and defence policy for our Union;

| 2. | Instructs its President to forward this recommendation to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy. |
| --- | --- |

2.

---

(1)  OJ L 331, 14.12.2017, p. 57.

(2)  OJ L 65, 8.3.2018, p. 24.

(3)  OJ L 161, 26.6.2018, p. 37.

(4)  OJ L 294, 21.11.2018, p. 18.

(5)  OJ L 293, 14.11.2019, p. 113.

(6)  OJ C 374, 16.10.2018, p. 1.

(7)  OJ C 263, 25.7.2018, p. 125.

(8)  Texts adopted, P9_TA(2020)0010.

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Wednesday 21 October 2020

| 6.10.2021 | EN | Official Journal of the European Union | C 404/224 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/224

---

P9_TA(2020)0280

Recommendation to the Council, the Commission and the VPC/HR on relations with Belarus

European Parliament recommendation of 21 October 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on relations with Belarus (2020/2081(INI))

(2021/C 404/14)

The European Parliament,

| — | having regard to Articles 2, 3 and 8 and Title V, notably Articles 21, 22, 36 and 37, of the Treaty on European Union (TEU), and to Part Five of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 2, 3 and 8 and Title V, notably Articles 21, 22, 36 and 37, of the Treaty on European Union (TEU), and to Part Five of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Council conclusions on Belarus of 15 February 2016, |
| --- | --- |

—

having regard to the Council conclusions on Belarus of 15 February 2016,

| — | having regard to the launch of the Eastern Partnership in Prague on 7 May 2009 as a common endeavour of the EU and its six Eastern European Partners, Armenia, Azerbaijan, Belarus, Georgia, the Republic of Moldova and Ukraine, |
| --- | --- |

—

having regard to the launch of the Eastern Partnership in Prague on 7 May 2009 as a common endeavour of the EU and its six Eastern European Partners, Armenia, Azerbaijan, Belarus, Georgia, the Republic of Moldova and Ukraine,

| — | having regard to the Joint Declarations of the Eastern Partnership Summits of 2009 in Prague, 2011 in Warsaw, 2013 in Vilnius, 2015 in Riga and 2017 in Brussels, and to the Eastern Partnership leaders' videoconference held in 2020, |
| --- | --- |

—

having regard to the Joint Declarations of the Eastern Partnership Summits of 2009 in Prague, 2011 in Warsaw, 2013 in Vilnius, 2015 in Riga and 2017 in Brussels, and to the Eastern Partnership leaders' videoconference held in 2020,

| — | having regard to the agreement between the European Union and the Republic of Belarus on the readmission of persons residing without authorisation, which entered into force on 1 July 2020 (1), |
| --- | --- |

—

having regard to the agreement between the European Union and the Republic of Belarus on the readmission of persons residing without authorisation, which entered into force on 1 July 2020 (1),

| — | having regard to the agreement between the European Union and the Republic of Belarus on the facilitation of the issuance of visas (2) , which entered into force on 1 July 2020, |
| --- | --- |

—

having regard to the agreement between the European Union and the Republic of Belarus on the facilitation of the issuance of visas (2) , which entered into force on 1 July 2020,

| — | having regard to the 6th round of the bilateral Human Rights Dialogue between the EU and Belarus held on 18 June 2019 in Brussels, |
| --- | --- |

—

having regard to the 6th round of the bilateral Human Rights Dialogue between the EU and Belarus held on 18 June 2019 in Brussels,

| — | having regard to the Joint Statement by High Representative/Vice-President Josep Borrell and Neighbourhood and Enlargement Commissioner Olivér Várhelyi of 10 August 2020, as well as the declaration by the High Representative on behalf of the European Union on the presidential elections in Belarus of 11 August 2020, |
| --- | --- |

—

having regard to the Joint Statement by High Representative/Vice-President Josep Borrell and Neighbourhood and Enlargement Commissioner Olivér Várhelyi of 10 August 2020, as well as the declaration by the High Representative on behalf of the European Union on the presidential elections in Belarus of 11 August 2020,

| — | having regard to the statement by the EEAS Spokesperson on recent developments in Belarus of 19 June 2020 and to the statements by High Representative/Vice-President Josep Borrell related to the elections in Belarus of 14 July 2020, 7 August 2020, and 17 August 2020, |
| --- | --- |

—

having regard to the statement by the EEAS Spokesperson on recent developments in Belarus of 19 June 2020 and to the statements by High Representative/Vice-President Josep Borrell related to the elections in Belarus of 14 July 2020, 7 August 2020, and 17 August 2020,

| — | having regard to the statements by the EEAS Spokesperson on the application of the death penalty in Belarus, notably of 30 July 2019, 28 October 2019, 20 December 2019, 11 January 2020, and 7 March 2020, |
| --- | --- |

—

having regard to the statements by the EEAS Spokesperson on the application of the death penalty in Belarus, notably of 30 July 2019, 28 October 2019, 20 December 2019, 11 January 2020, and 7 March 2020,

| — | having regard to its recommendation to the Council, the Commission and the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the Eastern Partnership, in the run-up to the June 2020 Summit, |
| --- | --- |

—

having regard to its recommendation to the Council, the Commission and the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the Eastern Partnership, in the run-up to the June 2020 Summit,

| — | having regard to the UN Human Rights Council’s Report of the Special Rapporteur on the situation of human rights in Belarus of 10 July 2020, |
| --- | --- |

—

having regard to the UN Human Rights Council’s Report of the Special Rapporteur on the situation of human rights in Belarus of 10 July 2020,

| — | having regard to the UN statements on the situation in Belarus, in particular those of the UN High Commissioner for Human Rights of 12 August 2020, the UN Special Rapporteurs on human rights of 13 August 2020, and the Spokesperson for the UN High Commissioner for Human Rights of 21 August 2020, |
| --- | --- |

—

having regard to the UN statements on the situation in Belarus, in particular those of the UN High Commissioner for Human Rights of 12 August 2020, the UN Special Rapporteurs on human rights of 13 August 2020, and the Spokesperson for the UN High Commissioner for Human Rights of 21 August 2020,

| — | having regard to the statement of the President of the European Parliament calling for a stop to the violence in Belarus of 13 August 2020, |
| --- | --- |

—

having regard to the statement of the President of the European Parliament calling for a stop to the violence in Belarus of 13 August 2020,

| — | having regard to the joint statement on Belarus of political leaders from the EPP, S&D, Renew Europe, Greens/EFA and ECR groups in the European Parliament of 17 August 2020, |
| --- | --- |

—

having regard to the joint statement on Belarus of political leaders from the EPP, S&D, Renew Europe, Greens/EFA and ECR groups in the European Parliament of 17 August 2020,

| — | having regard to the main outcomes of the extraordinary meeting of the Foreign Affairs Council on 14 August 2020, to the conclusions of the European Council of 19 August 2020 on the situation in Belarus following the presidential elections of 9 August 2020, and to the conclusions of the European Council of 1 October 2020 and the Foreign Affairs Council of 12 October 2020 on imposing restrictive measures against individuals identified as responsible for repression and intimidation against peaceful demonstrators, opposition members and journalists in the wake of the 2020 presidential election in Belarus, as well as for electoral misconduct, |
| --- | --- |

—

having regard to the main outcomes of the extraordinary meeting of the Foreign Affairs Council on 14 August 2020, to the conclusions of the European Council of 19 August 2020 on the situation in Belarus following the presidential elections of 9 August 2020, and to the conclusions of the European Council of 1 October 2020 and the Foreign Affairs Council of 12 October 2020 on imposing restrictive measures against individuals identified as responsible for repression and intimidation against peaceful demonstrators, opposition members and journalists in the wake of the 2020 presidential election in Belarus, as well as for electoral misconduct,

| — | having regard to the open letter on Diplomatic Watch activities during the 2020 presidential elections in Belarus (Minsk, 13 August 2020), |
| --- | --- |

—

having regard to the open letter on Diplomatic Watch activities during the 2020 presidential elections in Belarus (Minsk, 13 August 2020),

| — | having regard to the International Covenant on Civil and Political Rights, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights,

| — | having regard to the EU Global Strategy and the revised European Neighbourhood Policy, |
| --- | --- |

—

having regard to the EU Global Strategy and the revised European Neighbourhood Policy,

| — | having regard to its resolutions on Belarus, in particular those of 24 November 2016 on the situation in Belarus (3), of 6 April 2017 on the situation in Belarus (4), of 19 April 2018 on Belarus (5), of 4 October 2018 on the deterioration of media freedom in Belarus, notably the case of Charter 97 (6), and of 17 September 2020 on the situation in Belarus (7), |
| --- | --- |

—

having regard to its resolutions on Belarus, in particular those of 24 November 2016 on the situation in Belarus (3), of 6 April 2017 on the situation in Belarus (4), of 19 April 2018 on Belarus (5), of 4 October 2018 on the deterioration of media freedom in Belarus, notably the case of Charter 97 (6), and of 17 September 2020 on the situation in Belarus (7),

| — | having regard to Rule 118 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 118 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A9-0167/2020), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A9-0167/2020),

| A. | whereas the actions of the Lukashenka regime are criminal and are against European values, the principles of democracy, and the will of the Belarusian people; whereas despite the fundamental restrictions on basic freedoms and human rights that remain in Belarus, the EU’s policy of critical engagement with Belarus has produced some results in the form of signed agreements and increased cooperation in areas such as environment and connectivity, cross-border cooperation and border management, but insufficient results in the regime’s adherence to the fundamental values of the Eastern Partnership; whereas the unlawful actions of the Belarusian regime jeopardise these results and EU-Belarus relations must be subject to a thorough review in view of the regime's lack of adherence to its own commitments under international law and its agreements with the EU; whereas future relations between the EU and Belarus will be defined in the Partnership Priorities to be agreed by the EU and new legitimate, democratically elected authorities in Belarus, and should be based on the common values on which the EU is built, namely democracy, the rule of law and respect for human rights and fundamental freedoms; |
| --- | --- |

A.

whereas the actions of the Lukashenka regime are criminal and are against European values, the principles of democracy, and the will of the Belarusian people; whereas despite the fundamental restrictions on basic freedoms and human rights that remain in Belarus, the EU’s policy of critical engagement with Belarus has produced some results in the form of signed agreements and increased cooperation in areas such as environment and connectivity, cross-border cooperation and border management, but insufficient results in the regime’s adherence to the fundamental values of the Eastern Partnership; whereas the unlawful actions of the Belarusian regime jeopardise these results and EU-Belarus relations must be subject to a thorough review in view of the regime's lack of adherence to its own commitments under international law and its agreements with the EU; whereas future relations between the EU and Belarus will be defined in the Partnership Priorities to be agreed by the EU and new legitimate, democratically elected authorities in Belarus, and should be based on the common values on which the EU is built, namely democracy, the rule of law and respect for human rights and fundamental freedoms;

| B. | whereas the people of Belarus share a common European heritage and culture in a country directly neighbouring on three EU Member States; whereas the situation in Belarus may have a direct impact on the EU; |
| --- | --- |

B.

whereas the people of Belarus share a common European heritage and culture in a country directly neighbouring on three EU Member States; whereas the situation in Belarus may have a direct impact on the EU;

| C. | whereas none of the parliamentary or presidential elections held in Belarus from 1994 to date have been free and fair, but despite these harsh undemocratic conditions the people of Belarus clearly voted for a change, after more than two decades of oppression; whereas the recent presidential elections were neither free nor fair and even more than the previous ones were marred by disregard for the fundamental freedoms of assembly, association and expression, and took place after a limited space for election campaigning and within an extremely restrictive environment characterised by repression that did not provide for a meaningful or competitive political contest overall; |
| --- | --- |

C.

whereas none of the parliamentary or presidential elections held in Belarus from 1994 to date have been free and fair, but despite these harsh undemocratic conditions the people of Belarus clearly voted for a change, after more than two decades of oppression; whereas the recent presidential elections were neither free nor fair and even more than the previous ones were marred by disregard for the fundamental freedoms of assembly, association and expression, and took place after a limited space for election campaigning and within an extremely restrictive environment characterised by repression that did not provide for a meaningful or competitive political contest overall;

| D. | whereas the Belarusian authorities did not comply with minimum international standards for a credible, transparent, free and fair presidential election process; |
| --- | --- |

D.

whereas the Belarusian authorities did not comply with minimum international standards for a credible, transparent, free and fair presidential election process;

| E. | whereas the presidential election campaign was marred by widespread bureaucratic interference favouring the incumbent, intimidation and repression towards other candidates and their families and supporters, denial of registration of candidates who had collected a sufficient number of signatures, multiple arrests, and attempts to silence independent journalists and bloggers and to close down dissident websites; |
| --- | --- |

E.

whereas the presidential election campaign was marred by widespread bureaucratic interference favouring the incumbent, intimidation and repression towards other candidates and their families and supporters, denial of registration of candidates who had collected a sufficient number of signatures, multiple arrests, and attempts to silence independent journalists and bloggers and to close down dissident websites;

| F. | whereas a restrictive and arbitrary registration process prevented most of the candidates from participating, the arrests of the main presidential contender Viktar Babaryka and of Siarhei Tsikhanouski, the husband of another key candidate, Sviatlana Tsikhanouskaya, and denial of registration by the Central Election Commission (CEC) to a key opposition candidate, Valery Tsapkala, over an insufficient number of valid ballot access signatures with no possibility to appeal for reassessment of the rejection; whereas this underlines the disproportionate and unreasonable nature of the barriers to candidacy, contrary to OSCE commitments and other international standards; whereas such exclusions of candidates limited the possibility for the Belarusian people to choose their candidates; |
| --- | --- |

F.

whereas a restrictive and arbitrary registration process prevented most of the candidates from participating, the arrests of the main presidential contender Viktar Babaryka and of Siarhei Tsikhanouski, the husband of another key candidate, Sviatlana Tsikhanouskaya, and denial of registration by the Central Election Commission (CEC) to a key opposition candidate, Valery Tsapkala, over an insufficient number of valid ballot access signatures with no possibility to appeal for reassessment of the rejection; whereas this underlines the disproportionate and unreasonable nature of the barriers to candidacy, contrary to OSCE commitments and other international standards; whereas such exclusions of candidates limited the possibility for the Belarusian people to choose their candidates;

| G. | whereas according to ‘Human Rights Defenders for Free Elections’, further measures disadvantaged opposition candidates, such as restricting locations where election activities can lawfully take place, detaining members of candidates’ campaign teams, and blocking nearly all opposition nominees to the Precinct Election Commissions (PECs), resulting in 1,1 % of the total number of nominees elected being from opposition parties and 96,7 % from pro-government parties; |
| --- | --- |

G.

whereas according to ‘Human Rights Defenders for Free Elections’, further measures disadvantaged opposition candidates, such as restricting locations where election activities can lawfully take place, detaining members of candidates’ campaign teams, and blocking nearly all opposition nominees to the Precinct Election Commissions (PECs), resulting in 1,1 % of the total number of nominees elected being from opposition parties and 96,7 % from pro-government parties;

| H. | whereas the government of Belarus failed to issue a timely invitation to OSCE/ODIHR for the observation of the 9 August 2020 presidential elections, leading to the absence of independent international observers during those elections; |
| --- | --- |

H.

whereas the government of Belarus failed to issue a timely invitation to OSCE/ODIHR for the observation of the 9 August 2020 presidential elections, leading to the absence of independent international observers during those elections;

| I. | whereas due to restrictions imposed by the CEC amid the coronavirus pandemic, the local election observers were prevented from fully executing their duties during all phases of voting, namely early voting, voting on election day, and home voting; whereas early voting was used by the Belarusian regime to inflate the voter turnout several times over, while numerous cases of forced voting of certain categories of voters were documented, for example, of military personnel, public servants, employees of state-owned enterprises and citizens living in public housing; whereas on election day the local election observers were prevented from monitoring the count, and the numbers of voters and the election results announced by the PECs and the CEC significantly differed from their observations; |
| --- | --- |

I.

whereas due to restrictions imposed by the CEC amid the coronavirus pandemic, the local election observers were prevented from fully executing their duties during all phases of voting, namely early voting, voting on election day, and home voting; whereas early voting was used by the Belarusian regime to inflate the voter turnout several times over, while numerous cases of forced voting of certain categories of voters were documented, for example, of military personnel, public servants, employees of state-owned enterprises and citizens living in public housing; whereas on election day the local election observers were prevented from monitoring the count, and the numbers of voters and the election results announced by the PECs and the CEC significantly differed from their observations;

| J. | whereas independent platforms established by civil society organisations of Belarus (such as Golos-Belarus2020.org) conducted independent exit polls and analysed protocols of more than 200 PECs which released genuine results that clearly point to the fact that Sviatlana Tsikhanouskaya received an absolute majority of votes (between 71,1 % and 97,6 %); |
| --- | --- |

J.

whereas independent platforms established by civil society organisations of Belarus (such as Golos-Belarus2020.org) conducted independent exit polls and analysed protocols of more than 200 PECs which released genuine results that clearly point to the fact that Sviatlana Tsikhanouskaya received an absolute majority of votes (between 71,1 % and 97,6 %);

| K. | whereas the CEC announced Aliaksandr Lukashenka as the winner of the election, allegedly receiving 80,10 % of the vote while his main opponent Sviatlana Tsikhanouskaya received 10,12 %; whereas irregularities during the polling days were reported constantly, people were often denied their right to vote, and protocols from PECs were falsified; |
| --- | --- |

K.

whereas the CEC announced Aliaksandr Lukashenka as the winner of the election, allegedly receiving 80,10 % of the vote while his main opponent Sviatlana Tsikhanouskaya received 10,12 %; whereas irregularities during the polling days were reported constantly, people were often denied their right to vote, and protocols from PECs were falsified;

| L. | whereas the European Union and its Member States did not recognise the results of the presidential elections due to substantial doubt about their fairness, condemned the disproportionate and unacceptable use of force against peaceful protestors, and supported the right of the people of Belarus to determine their future; |
| --- | --- |

L.

whereas the European Union and its Member States did not recognise the results of the presidential elections due to substantial doubt about their fairness, condemned the disproportionate and unacceptable use of force against peaceful protestors, and supported the right of the people of Belarus to determine their future;

| M. | whereas Sviatlana Tsikhanouskaya, the President-elect according to the Belarusian people, was intimidated and forced into leaving Belarus two days after the presidential elections; whereas other civic and political activists and workers’ leaders also left Belarus due to threats to their or their family members’ safety; |
| --- | --- |

M.

whereas Sviatlana Tsikhanouskaya, the President-elect according to the Belarusian people, was intimidated and forced into leaving Belarus two days after the presidential elections; whereas other civic and political activists and workers’ leaders also left Belarus due to threats to their or their family members’ safety;

| N. | whereas the Belarusian regime refuses to enter into a national dialogue with the people and does not recognise the Coordination Council (CC), which was initiated by Sviatlana Tsikhanouskaya with the sole purpose of facilitating a peaceful and orderly transition of power through dialogue, and seeks to intimidate and disperse it by targeting its members and launching a criminal case against them; whereas only one Presidium member of the Coordination Council, Svetlana Alexievich, remains not detained or forcibly expelled from the country by the Belarusian authorities; |
| --- | --- |

N.

whereas the Belarusian regime refuses to enter into a national dialogue with the people and does not recognise the Coordination Council (CC), which was initiated by Sviatlana Tsikhanouskaya with the sole purpose of facilitating a peaceful and orderly transition of power through dialogue, and seeks to intimidate and disperse it by targeting its members and launching a criminal case against them; whereas only one Presidium member of the Coordination Council, Svetlana Alexievich, remains not detained or forcibly expelled from the country by the Belarusian authorities;

| O. | whereas Belarus has seen unprecedented nationwide peaceful protests calling for free and fair new elections, following the presidential elections of 9 August 2020 and the announcement of a falsified result claiming victory for the incumbent president; whereas the protests led to a violent crackdown with thousands of Belarusians detained, hundreds hospitalised, at least six confirmed dead and dozens still missing; |
| --- | --- |

O.

whereas Belarus has seen unprecedented nationwide peaceful protests calling for free and fair new elections, following the presidential elections of 9 August 2020 and the announcement of a falsified result claiming victory for the incumbent president; whereas the protests led to a violent crackdown with thousands of Belarusians detained, hundreds hospitalised, at least six confirmed dead and dozens still missing;

| P. | whereas the European Parliament expresses its support for the Belarusian people’s demands for free and fair elections and the ability to freely make decisions about their country’s future; |
| --- | --- |

P.

whereas the European Parliament expresses its support for the Belarusian people’s demands for free and fair elections and the ability to freely make decisions about their country’s future;

| Q. | whereas the European Parliament welcomes and encourages the sustained peaceful organisation of nationwide protests, and commends the role and strong leadership of Belarusian women; |
| --- | --- |

Q.

whereas the European Parliament welcomes and encourages the sustained peaceful organisation of nationwide protests, and commends the role and strong leadership of Belarusian women;

| R. | having regard to the testimonies of Belarusian protesters concerning the inhumane conditions and treatment they were subjected to during their unlawful detention, including reports of endless beatings, acts of rape, degrading treatment, and inhumane detention conditions in overcrowded cells with no access to drinking water, food, sanitary facilities or medical assistance; whereas Belarusian opposition leader and political prisoner Paval Sieviaryniec cut his wrists in a protest against torture and inhumane detention conditions; whereas after their release many people were hospitalised and some taken into intensive care, with injuries such as broken limbs, cracked skulls, and damaged eyesight and hearing, some of which, together with the psychological traumas incurred, will have lifelong effects, including infertility; |
| --- | --- |

R.

having regard to the testimonies of Belarusian protesters concerning the inhumane conditions and treatment they were subjected to during their unlawful detention, including reports of endless beatings, acts of rape, degrading treatment, and inhumane detention conditions in overcrowded cells with no access to drinking water, food, sanitary facilities or medical assistance; whereas Belarusian opposition leader and political prisoner Paval Sieviaryniec cut his wrists in a protest against torture and inhumane detention conditions; whereas after their release many people were hospitalised and some taken into intensive care, with injuries such as broken limbs, cracked skulls, and damaged eyesight and hearing, some of which, together with the psychological traumas incurred, will have lifelong effects, including infertility;

| S. | whereas reprisals against regime opponents, election observers, journalists, bloggers, civil society activists, and human rights defenders, including through physical violence, abductions by unknown people without identification markers, administrative fines, threats of losing custody of a child, criminal proceedings, as well as physical and psychological torture, have become common practice in Belarus in the last months; |
| --- | --- |

S.

whereas reprisals against regime opponents, election observers, journalists, bloggers, civil society activists, and human rights defenders, including through physical violence, abductions by unknown people without identification markers, administrative fines, threats of losing custody of a child, criminal proceedings, as well as physical and psychological torture, have become common practice in Belarus in the last months;

| T. | whereas the Belarusian people are in urgent need of assistance and support from the international community; |
| --- | --- |

T.

whereas the Belarusian people are in urgent need of assistance and support from the international community;

| U. | whereas the situation in Belarus requires an urgent international investigation into the human rights violations against peaceful protesters and the excessive use of force by the Belarusian regime; |
| --- | --- |

U.

whereas the situation in Belarus requires an urgent international investigation into the human rights violations against peaceful protesters and the excessive use of force by the Belarusian regime;

| V. | whereas the environment for the work of human rights defenders, representatives of the opposition, civil society and media has continuously deteriorated, with systematic subjection to intimidation and harassment and restrictions of fundamental freedoms; whereas human rights organisations along with other civil society organisations are systematically denied registration, and membership of non-registered groups and receiving foreign funds are criminalised; whereas human rights lawyers are debarred from defending detained civil and political activists, who cannot rely on receiving a fair trial; |
| --- | --- |

V.

whereas the environment for the work of human rights defenders, representatives of the opposition, civil society and media has continuously deteriorated, with systematic subjection to intimidation and harassment and restrictions of fundamental freedoms; whereas human rights organisations along with other civil society organisations are systematically denied registration, and membership of non-registered groups and receiving foreign funds are criminalised; whereas human rights lawyers are debarred from defending detained civil and political activists, who cannot rely on receiving a fair trial;

| W. | whereas the widespread impunity of law enforcement officers contributes to even more human rights violations and retaliations against human rights defenders and innocent people; |
| --- | --- |

W.

whereas the widespread impunity of law enforcement officers contributes to even more human rights violations and retaliations against human rights defenders and innocent people;

| X. | whereas the Report of the Special Rapporteur on the situation of human rights in Belarus of July 2020 notes no major improvements in the legal and regulatory protection of human rights in Belarus and, in addition to the problems highlighted above, draws attention to the continuing application of the death penalty, the prevalent discrimination against vulnerable groups, including women, persons with disabilities, ethnic and religious minorities and LGBTQI persons, the continuing practice of forced labour, torture and other forms of cruel, inhumane or degrading treatment or punishment of detained persons, and discrimination against speakers of the Belarusian language; |
| --- | --- |

X.

whereas the Report of the Special Rapporteur on the situation of human rights in Belarus of July 2020 notes no major improvements in the legal and regulatory protection of human rights in Belarus and, in addition to the problems highlighted above, draws attention to the continuing application of the death penalty, the prevalent discrimination against vulnerable groups, including women, persons with disabilities, ethnic and religious minorities and LGBTQI persons, the continuing practice of forced labour, torture and other forms of cruel, inhumane or degrading treatment or punishment of detained persons, and discrimination against speakers of the Belarusian language;

| Y. | whereas according to Belarusian human rights organisations there are around 100 persons detained for political reasons in Belarus; whereas among the imprisoned Belarusian opposition members are Mikola Statkevich, a democratic contender in the 2010 presidential elections, who was a prisoner of conscience from 2011 until 2017, another former prisoner of conscience Anatol Liabedzka, Presidium Members of the Coordination Council of Belarus Maria Kalesnikava, Liliya Ulasava and Maksim Znak, presidential contender Viktar Babaryka, and video blogger Siarhei Tsikhanouski; |
| --- | --- |

Y.

whereas according to Belarusian human rights organisations there are around 100 persons detained for political reasons in Belarus; whereas among the imprisoned Belarusian opposition members are Mikola Statkevich, a democratic contender in the 2010 presidential elections, who was a prisoner of conscience from 2011 until 2017, another former prisoner of conscience Anatol Liabedzka, Presidium Members of the Coordination Council of Belarus Maria Kalesnikava, Liliya Ulasava and Maksim Znak, presidential contender Viktar Babaryka, and video blogger Siarhei Tsikhanouski;

| Z. | whereas the European Parliament expresses its deepest condolences over the deaths of Alyaksandr Taraykouski, Alyaksandr Vikhor, Artsyom Parukou, Henadz Shutau and Kanstantsin Shyshmakou, to their families and to the whole Belarusian nation; |
| --- | --- |

Z.

whereas the European Parliament expresses its deepest condolences over the deaths of Alyaksandr Taraykouski, Alyaksandr Vikhor, Artsyom Parukou, Henadz Shutau and Kanstantsin Shyshmakou, to their families and to the whole Belarusian nation;

| AA. | whereas on 14 August 2020 the Belarusian regime denied entry into the country to two Members of the European Parliament, Robert Biedroń, chair of the Delegation for relations with Belarus, and Petras Auštrevičius, Parliament’s standing rapporteur on Belarus, who were to visit the country on the invitation of Belarusian civil society; |
| --- | --- |

AA.

whereas on 14 August 2020 the Belarusian regime denied entry into the country to two Members of the European Parliament, Robert Biedroń, chair of the Delegation for relations with Belarus, and Petras Auštrevičius, Parliament’s standing rapporteur on Belarus, who were to visit the country on the invitation of Belarusian civil society;

| AB. | whereas since 2014 18 000 Belarusian minors have been sentenced to disproportionately long terms of imprisonment of between 8 and 15 years, for non-violent drug-related offences under Article 328 of the Criminal Code; whereas during detention and imprisonment Belarusian minors face numerous violations of their rights, including physical violence and torture, and are exposed to working conditions that are dangerous for health; |
| --- | --- |

AB.

whereas since 2014 18 000 Belarusian minors have been sentenced to disproportionately long terms of imprisonment of between 8 and 15 years, for non-violent drug-related offences under Article 328 of the Criminal Code; whereas during detention and imprisonment Belarusian minors face numerous violations of their rights, including physical violence and torture, and are exposed to working conditions that are dangerous for health;

| AC. | whereas in 2016 the EU lifted most sanctions against Belarus, with the exception of an arms embargo and sanctions against four individuals, but this was done not because Belarus fulfilled all conditions, but rather in the hope that it would continue in the direction of improving the environment for political and civic participation and respecting human rights and fundamental freedoms; whereas no progress has been achieved in the areas of democratic governance and human rights, with increasing administrative, financial and physical repression against the democratic opposition, civil society organisations, journalists and bloggers, and even ordinary people; |
| --- | --- |

AC.

whereas in 2016 the EU lifted most sanctions against Belarus, with the exception of an arms embargo and sanctions against four individuals, but this was done not because Belarus fulfilled all conditions, but rather in the hope that it would continue in the direction of improving the environment for political and civic participation and respecting human rights and fundamental freedoms; whereas no progress has been achieved in the areas of democratic governance and human rights, with increasing administrative, financial and physical repression against the democratic opposition, civil society organisations, journalists and bloggers, and even ordinary people;

| AD. | whereas the European Council agreed in 2020 to impose sanctions against a substantial number of individuals responsible for violence, repression and the falsification of election results in Belarus, prohibiting them from entering the EU and freezing their financial assets in the EU; |
| --- | --- |

AD.

whereas the European Council agreed in 2020 to impose sanctions against a substantial number of individuals responsible for violence, repression and the falsification of election results in Belarus, prohibiting them from entering the EU and freezing their financial assets in the EU;

| AE. | whereas it is unacceptable if a Member State does not condemn unambiguously the election falsification, violence and repression and counts Lukashenka’s Belarus as a partner state, since the situation in Belarus requires adopting a firm and principled position and agreeing on common EU action; |
| --- | --- |

AE.

whereas it is unacceptable if a Member State does not condemn unambiguously the election falsification, violence and repression and counts Lukashenka’s Belarus as a partner state, since the situation in Belarus requires adopting a firm and principled position and agreeing on common EU action;

| AF. | whereas the Belarusian authorities denied that COVID-19 had spread in the country, thereby wasting precious time that could have been used to prepare and protect the country’s population and in particular medical staff, did not cancel mass events — notably the military parade on 9 May 2020 with thousands of participants and the annual community work day attended by a quarter of the Belarusian population — and instead engaged in the intimidation of journalists, bloggers, the democratic opposition, civil society organisations and ordinary people who shared crucial information about the pandemic and necessary precautionary measures, resulting in one of Europe's highest per capita COVID-19 infection rates and Belarus being a health threat to the region; whereas the government and president of Belarus failed to provide facts about and react in a timely way to the pandemic, instead actively spreading false information that jeopardised the health of their citizens; |
| --- | --- |

AF.

whereas the Belarusian authorities denied that COVID-19 had spread in the country, thereby wasting precious time that could have been used to prepare and protect the country’s population and in particular medical staff, did not cancel mass events — notably the military parade on 9 May 2020 with thousands of participants and the annual community work day attended by a quarter of the Belarusian population — and instead engaged in the intimidation of journalists, bloggers, the democratic opposition, civil society organisations and ordinary people who shared crucial information about the pandemic and necessary precautionary measures, resulting in one of Europe's highest per capita COVID-19 infection rates and Belarus being a health threat to the region; whereas the government and president of Belarus failed to provide facts about and react in a timely way to the pandemic, instead actively spreading false information that jeopardised the health of their citizens;

| AG. | whereas the EU stood in solidarity with the people of Belarus from the onset of the COVID-19 pandemic, and allocated EUR 60 million to the country for mitigation of the immediate and direct effects of the outbreak, followed by, in reaction to the post-election situation in Belarus, an additional EUR 53 million to support the Belarusian people; whereas Belarus is exploring the possibility of seeking macrofinancial assistance from the EU; |
| --- | --- |

AG.

whereas the EU stood in solidarity with the people of Belarus from the onset of the COVID-19 pandemic, and allocated EUR 60 million to the country for mitigation of the immediate and direct effects of the outbreak, followed by, in reaction to the post-election situation in Belarus, an additional EUR 53 million to support the Belarusian people; whereas Belarus is exploring the possibility of seeking macrofinancial assistance from the EU;

| AH. | whereas the COVID-19 pandemic has displayed the resilience, strong resolve and unprecedented self-organisation of Belarusian society, particularly in light of the authorities' lethargic response to and even denials of the pandemic and its impact; |
| --- | --- |

AH.

whereas the COVID-19 pandemic has displayed the resilience, strong resolve and unprecedented self-organisation of Belarusian society, particularly in light of the authorities' lethargic response to and even denials of the pandemic and its impact;

| AI. | whereas there are no independent Belarusian news agencies registered in the country, and press freedom in Belarus has significantly deteriorated since 2015, as confirmed annually by the World Press Freedom Index, and the situation has become even worse since the presidential elections in August 2020; whereas the few independent journalists, bloggers, photographers or media outlets that are able to operate in the country and denounce human rights violations are subject to systematic harassment and punitive measures, such as arrests or initiation of criminal investigations, including on charges of illegal production and distribution of information, extremism, discrediting and insulting the president or hooliganism, and the number of prosecutions for statements on the internet has increased; whereas in 2000 and in 2016, two human rights journalists were killed following their active reporting on human rights violations and criticism of the repressive policies of the authoritarian government of Belarus; |
| --- | --- |

AI.

whereas there are no independent Belarusian news agencies registered in the country, and press freedom in Belarus has significantly deteriorated since 2015, as confirmed annually by the World Press Freedom Index, and the situation has become even worse since the presidential elections in August 2020; whereas the few independent journalists, bloggers, photographers or media outlets that are able to operate in the country and denounce human rights violations are subject to systematic harassment and punitive measures, such as arrests or initiation of criminal investigations, including on charges of illegal production and distribution of information, extremism, discrediting and insulting the president or hooliganism, and the number of prosecutions for statements on the internet has increased; whereas in 2000 and in 2016, two human rights journalists were killed following their active reporting on human rights violations and criticism of the repressive policies of the authoritarian government of Belarus;

| AJ. | whereas after the presidential elections the Belarusian regime further tightened its grip on media freedom and people’s right to access and share information, by blocking internet access, disrupting the printing of newspapers, as well as arresting local journalists and foreign correspondents who observed or covered demonstrations, as well as those who have criticised the state’s environmental policy or commented on the COVID-19 pandemic in Belarus and exposing them to torture and inhumane treatment; whereas journalists were specifically targeted and several were injured while covering the Belarusian regime’s authorised crackdown on peaceful protesters; whereas the state-owned TV stations do not cover ongoing protests or the atrocities committed by the Lukashenka regime and are being used for spreading disinformation, attacking and discrediting Sviatlana Tsikhanouskaya, political activists and peaceful protesters; whereas after the resignation of journalists at the state-owned TV stations, they were replaced by propaganda experts from Russia; |
| --- | --- |

AJ.

whereas after the presidential elections the Belarusian regime further tightened its grip on media freedom and people’s right to access and share information, by blocking internet access, disrupting the printing of newspapers, as well as arresting local journalists and foreign correspondents who observed or covered demonstrations, as well as those who have criticised the state’s environmental policy or commented on the COVID-19 pandemic in Belarus and exposing them to torture and inhumane treatment; whereas journalists were specifically targeted and several were injured while covering the Belarusian regime’s authorised crackdown on peaceful protesters; whereas the state-owned TV stations do not cover ongoing protests or the atrocities committed by the Lukashenka regime and are being used for spreading disinformation, attacking and discrediting Sviatlana Tsikhanouskaya, political activists and peaceful protesters; whereas after the resignation of journalists at the state-owned TV stations, they were replaced by propaganda experts from Russia;

| AK. | whereas independent journalists cooperating with and working for foreign media are prosecuted under Article 22.9 of the Code of Administrative Offenses, which makes it illegal to receive financial rewards from media that are not duly registered and accredited in Belarus; whereas the Belsat TV channel, which is officially registered in Poland, is not registered in Belarus and its activities are under constant pressure and attack, including brutal detentions of its journalists and fines imposed on its contributors, totalling USD 101 791 as of 18 June 2020; |
| --- | --- |

AK.

whereas independent journalists cooperating with and working for foreign media are prosecuted under Article 22.9 of the Code of Administrative Offenses, which makes it illegal to receive financial rewards from media that are not duly registered and accredited in Belarus; whereas the Belsat TV channel, which is officially registered in Poland, is not registered in Belarus and its activities are under constant pressure and attack, including brutal detentions of its journalists and fines imposed on its contributors, totalling USD 101 791 as of 18 June 2020;

| AL. | whereas Belarus has been subject to unprecedented pressure from Russia to deepen their integration in the context of the Union State, to the detriment of the sovereignty of Belarus, resulting inter alia in an ongoing standoff over oil and gas imports from Russia; |
| --- | --- |

AL.

whereas Belarus has been subject to unprecedented pressure from Russia to deepen their integration in the context of the Union State, to the detriment of the sovereignty of Belarus, resulting inter alia in an ongoing standoff over oil and gas imports from Russia;

| AM. | whereas Lukashenka’s 26 years in power have been marked by policies of undermining the sovereignty and independence of the country and the weakening of Belarusian identity, heritage and culture; |
| --- | --- |

AM.

whereas Lukashenka’s 26 years in power have been marked by policies of undermining the sovereignty and independence of the country and the weakening of Belarusian identity, heritage and culture;

| AN. | whereas from a security point of view, Belarus is closely linked to and dependent on Russia and is engaging in actions posing a threat to the EU Member States such as the non-transparent Zapad 2017 joint military exercises, the planned Zapad 2021 joint military exercise, and the construction of unsafe nuclear installations; |
| --- | --- |

AN.

whereas from a security point of view, Belarus is closely linked to and dependent on Russia and is engaging in actions posing a threat to the EU Member States such as the non-transparent Zapad 2017 joint military exercises, the planned Zapad 2021 joint military exercise, and the construction of unsafe nuclear installations;

| AO. | whereas after the eruption of massive protests Aliaksandr Lukashenka reached out to Russia for assistance to ensure the survival of the Belarusian regime, and seeks to salvage his image and public support by creating false narratives about external threats to Belarus from foreign Western actors and using them to justify the intensification of activities and movement of Belarusian military forces in the Grodno region on the border with Poland and Lithuania, which poses a direct threat to the EU and its Member States; |
| --- | --- |

AO.

whereas after the eruption of massive protests Aliaksandr Lukashenka reached out to Russia for assistance to ensure the survival of the Belarusian regime, and seeks to salvage his image and public support by creating false narratives about external threats to Belarus from foreign Western actors and using them to justify the intensification of activities and movement of Belarusian military forces in the Grodno region on the border with Poland and Lithuania, which poses a direct threat to the EU and its Member States;

| AP. | whereas Belarus, in partnership with the Russian corporation ROSATOM, is building the Astravyets Nuclear Power Plant (NPP) at an unjustified location just 20 kilometres away from the EU’s external border and 45 kilometres away from the Lithuanian capital; whereas the construction of the Astravyets NPP has been followed by lack of respect for international standards for nuclear safety, serious safety violations and major incidents, including continuous construction work at the site despite the COVID-19 outbreak; whereas the first reactor of the Astravyets NPP was planned to launch before the presidential elections in August 2020 and before full implementation of the recommendations of the stress tests carried out by the EU nuclear safety authorities; |
| --- | --- |

AP.

whereas Belarus, in partnership with the Russian corporation ROSATOM, is building the Astravyets Nuclear Power Plant (NPP) at an unjustified location just 20 kilometres away from the EU’s external border and 45 kilometres away from the Lithuanian capital; whereas the construction of the Astravyets NPP has been followed by lack of respect for international standards for nuclear safety, serious safety violations and major incidents, including continuous construction work at the site despite the COVID-19 outbreak; whereas the first reactor of the Astravyets NPP was planned to launch before the presidential elections in August 2020 and before full implementation of the recommendations of the stress tests carried out by the EU nuclear safety authorities;

| AQ. | whereas the difficult economic situation, which is to worsen due to nationwide strikes and the refusal of the Belarusian regime to enter into a national dialogue with the Belarusian people, indicates that the economic model of Belarus has reached its limits and the country could be entering a period of transition in which the EU can play a key balancing role; |
| --- | --- |

AQ.

whereas the difficult economic situation, which is to worsen due to nationwide strikes and the refusal of the Belarusian regime to enter into a national dialogue with the Belarusian people, indicates that the economic model of Belarus has reached its limits and the country could be entering a period of transition in which the EU can play a key balancing role;

| AR. | whereas there has been a notable increase in engagement with Belarusian civil society, including through EU-supported activities and intensifying people-to-people contact; |
| --- | --- |

AR.

whereas there has been a notable increase in engagement with Belarusian civil society, including through EU-supported activities and intensifying people-to-people contact;

| 1. | Recommends that the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy: |
| --- | --- |

1.

Post-election situation in Belarus

| (a) | strongly support the decision of the EU and its Member States not to recognise the fraudulent election results as announced by the Belarusian Central Election Commission (CEC), due to substantial doubt over the fairness of the elections, not to recognise Aliaksandr Lukashenka as legitimate president of the country once his current term of office expires no later than 5 November 2020; denounce the act of Aliaksandr Lukashenka to proclaim himself the President of Belarus via an illegitimate inauguration ceremony held in secrecy on 23 September 2020; call on him to respect the will of the people of Belarus and peacefully step down; call on all Member States to condemn the election fraud, suppression of opposition and civil society, restrictions on human rights, freedom of expression and media freedom, and breaching of core democratic values and the rule of law; |
| --- | --- |

(a)

strongly support the decision of the EU and its Member States not to recognise the fraudulent election results as announced by the Belarusian Central Election Commission (CEC), due to substantial doubt over the fairness of the elections, not to recognise Aliaksandr Lukashenka as legitimate president of the country once his current term of office expires no later than 5 November 2020; denounce the act of Aliaksandr Lukashenka to proclaim himself the President of Belarus via an illegitimate inauguration ceremony held in secrecy on 23 September 2020; call on him to respect the will of the people of Belarus and peacefully step down; call on all Member States to condemn the election fraud, suppression of opposition and civil society, restrictions on human rights, freedom of expression and media freedom, and breaching of core democratic values and the rule of law;

| (b) | insist that these developments will have an adverse impact on EU-Belarus relations; |
| --- | --- |

(b)

insist that these developments will have an adverse impact on EU-Belarus relations;

| (c) | unequivocally support the people of Belarus in their legitimate demands for new free and fair elections, which must be held as soon as possible under the supervision of the OSCE and independent international observers; emphasise the need for a peaceful and democratic solution to the current crisis, underpinned by independent and free media and a strong civil society; |
| --- | --- |

(c)

unequivocally support the people of Belarus in their legitimate demands for new free and fair elections, which must be held as soon as possible under the supervision of the OSCE and independent international observers; emphasise the need for a peaceful and democratic solution to the current crisis, underpinned by independent and free media and a strong civil society;

| (d) | insist on full compliance of election processes in Belarus with international standards, the recommendations of the OSCE and the opinions of the Venice Commission, and call for the electoral legislation of the Republic of Belarus to be amended to include substantial procedural and legal safeguards that enhance inclusiveness, integrity and transparency during all stages of the electoral process, and in particular to introduce clear and reasonable criteria and mechanisms for candidate registration and signature verification, ensure inclusion of representatives of all actors of the electoral process in electoral commissions, and grant equal access to media for all participants; |
| --- | --- |

(d)

insist on full compliance of election processes in Belarus with international standards, the recommendations of the OSCE and the opinions of the Venice Commission, and call for the electoral legislation of the Republic of Belarus to be amended to include substantial procedural and legal safeguards that enhance inclusiveness, integrity and transparency during all stages of the electoral process, and in particular to introduce clear and reasonable criteria and mechanisms for candidate registration and signature verification, ensure inclusion of representatives of all actors of the electoral process in electoral commissions, and grant equal access to media for all participants;

| (e) | call for free and fair elections to take place before a transparent and inclusive constitutional reform process, subject to a public consultation of all relevant stakeholders of Belarusian society, as a crucial opportunity to introduce genuine changes, including with regard to basic civil rights and freedoms, which would address the weaknesses of the current political system, ensure a transparent and pluralistic electoral process, and enable the Belarusian people to be represented in a democratically elected parliament and to participate actively in political life and processes; |
| --- | --- |

(e)

call for free and fair elections to take place before a transparent and inclusive constitutional reform process, subject to a public consultation of all relevant stakeholders of Belarusian society, as a crucial opportunity to introduce genuine changes, including with regard to basic civil rights and freedoms, which would address the weaknesses of the current political system, ensure a transparent and pluralistic electoral process, and enable the Belarusian people to be represented in a democratically elected parliament and to participate actively in political life and processes;

| (f) | call on the authorities to increase transparency, remove the arbitrary barriers under which no new political party has been registered in Belarus since 2000, and enable the registration of political parties, religious and civil society organisations and independent trade unions, and to put an end to the restrictions applied to established organisations and the persecution of the regime’s political opponents; |
| --- | --- |

(f)

call on the authorities to increase transparency, remove the arbitrary barriers under which no new political party has been registered in Belarus since 2000, and enable the registration of political parties, religious and civil society organisations and independent trade unions, and to put an end to the restrictions applied to established organisations and the persecution of the regime’s political opponents;

| (g) | note that Sviatlana Tsikhanouskaya, who according to the independent sociological surveys received more than half of the votes in the 2020 presidential election, is in the eyes of the Belarusian people their President-elect; |
| --- | --- |

(g)

note that Sviatlana Tsikhanouskaya, who according to the independent sociological surveys received more than half of the votes in the 2020 presidential election, is in the eyes of the Belarusian people their President-elect;

| (h) | recognise the Coordination Council (CC) initiated by Sviatlana Tsikhanouskaya as the legitimate representative of the people demanding democratic change and freedom in Belarus and insist that the Belarusian regime enters into a dialogue with it; deplore the persecution of the members of the CC and demand that all legal actions undertaken by the authorities against them are dropped and all those detained and arrested are freed; |
| --- | --- |

(h)

recognise the Coordination Council (CC) initiated by Sviatlana Tsikhanouskaya as the legitimate representative of the people demanding democratic change and freedom in Belarus and insist that the Belarusian regime enters into a dialogue with it; deplore the persecution of the members of the CC and demand that all legal actions undertaken by the authorities against them are dropped and all those detained and arrested are freed;

| (i) | support the efforts of the CC for a peaceful and democratic transition of power as a result of an inclusive national dialogue between the Belarusian government and the opposition/civil society/CC, including representatives of churches as respected and neutral mediators; provide any assistance necessary to reinforce the organisation and functioning of the CC; |
| --- | --- |

(i)

support the efforts of the CC for a peaceful and democratic transition of power as a result of an inclusive national dialogue between the Belarusian government and the opposition/civil society/CC, including representatives of churches as respected and neutral mediators; provide any assistance necessary to reinforce the organisation and functioning of the CC;

| (j) | encourage and support the establishment of an independent centre for a democratic Belarus, in Brussels, among other capitals, for the purpose of disseminating information and activities relating to democratic processes in Belarus; |
| --- | --- |

(j)

encourage and support the establishment of an independent centre for a democratic Belarus, in Brussels, among other capitals, for the purpose of disseminating information and activities relating to democratic processes in Belarus;

| (k) | insist that Aliaksandr Lukashenka accepts the offer of the OSCE’s current and incoming chairpersons-in-office to facilitate national dialogue in order to resolve the political crisis and the tense situation in the country, and ensure that the EU provides concrete assistance to the OSCE for its proposal to take on a mediation role; |
| --- | --- |

(k)

insist that Aliaksandr Lukashenka accepts the offer of the OSCE’s current and incoming chairpersons-in-office to facilitate national dialogue in order to resolve the political crisis and the tense situation in the country, and ensure that the EU provides concrete assistance to the OSCE for its proposal to take on a mediation role;

| (l) | demand an immediate halt to the violence, cruel repression, torture and crackdown against peaceful protesters; denounce statements such as that issued on 12 October 2020 by the Ministry of Internal Affairs of Belarus threatening to use special equipment and lethal weapons against peaceful protesters; call for a full EU/international investigation of the crimes against the people of Belarus committed by the law enforcement authorities of the Lukashenka regime and for the authorities to provide all victims of human rights violations and abuses with access to justice and ensure their right to an effective remedy; |
| --- | --- |

(l)

demand an immediate halt to the violence, cruel repression, torture and crackdown against peaceful protesters; denounce statements such as that issued on 12 October 2020 by the Ministry of Internal Affairs of Belarus threatening to use special equipment and lethal weapons against peaceful protesters; call for a full EU/international investigation of the crimes against the people of Belarus committed by the law enforcement authorities of the Lukashenka regime and for the authorities to provide all victims of human rights violations and abuses with access to justice and ensure their right to an effective remedy;

| (m) | review and update Annex III to Council Regulation (EC) No 765/2006 of 18 May 2006 (8) concerning restrictive measures in respect of Belarus, which contains the list of equipment that might be used for internal repression in Belarus, including adding surveillance drones to that list; |
| --- | --- |

(m)

review and update Annex III to Council Regulation (EC) No 765/2006 of 18 May 2006 (8) concerning restrictive measures in respect of Belarus, which contains the list of equipment that might be used for internal repression in Belarus, including adding surveillance drones to that list;

| (n) | condemn the tactic of the Belarusian regime to disperse the CC by intimidating its members and expelling them, as well as opposition politicians and activists, from Belarus so as to distance them from the internal political processes; |
| --- | --- |

(n)

condemn the tactic of the Belarusian regime to disperse the CC by intimidating its members and expelling them, as well as opposition politicians and activists, from Belarus so as to distance them from the internal political processes;

| (o) | call on Belarus to immediately and unconditionally release and drop all charges against all political prisoners and all members of civil society, journalists and anyone else arbitrarily detained before, during and after the electoral campaign; demand the full restoration of and respect for human rights and freedoms, including freedom of the press, freedom of assembly and other political and civil freedoms in Belarus; |
| --- | --- |

(o)

call on Belarus to immediately and unconditionally release and drop all charges against all political prisoners and all members of civil society, journalists and anyone else arbitrarily detained before, during and after the electoral campaign; demand the full restoration of and respect for human rights and freedoms, including freedom of the press, freedom of assembly and other political and civil freedoms in Belarus;

| (p) | commend the actions taken by workers in numerous factories and institutions throughout the country who joined the protests in various ways, including going on strike, and provide the necessary support for those of them who were punished by the regime for exercising their democratic rights; |
| --- | --- |

(p)

commend the actions taken by workers in numerous factories and institutions throughout the country who joined the protests in various ways, including going on strike, and provide the necessary support for those of them who were punished by the regime for exercising their democratic rights;

| (q) | address the problems faced by the independent trade unions, including denied registration, politically motivated prosecution of their leaders, and forced membership of newly contracted employees in the state-controlled trade unions; |
| --- | --- |

(q)

address the problems faced by the independent trade unions, including denied registration, politically motivated prosecution of their leaders, and forced membership of newly contracted employees in the state-controlled trade unions;

| (r) | remain vigilant regarding arrests, disappearances and harassment of candidates, protesters, activists and independent journalists, and follow up such cases with the Belarusian authorities; |
| --- | --- |

(r)

remain vigilant regarding arrests, disappearances and harassment of candidates, protesters, activists and independent journalists, and follow up such cases with the Belarusian authorities;

| (s) | continue to closely follow the cases of arrests and disappearances in Belarus, bring the attention of the Belarusian authorities to these cases and request their proper and immediate action; launch a targeted EU assistance programme to help the victims of political repression and police violence, in particular with access to legal counsel, material and medical help, and rehabilitation; |
| --- | --- |

(s)

continue to closely follow the cases of arrests and disappearances in Belarus, bring the attention of the Belarusian authorities to these cases and request their proper and immediate action; launch a targeted EU assistance programme to help the victims of political repression and police violence, in particular with access to legal counsel, material and medical help, and rehabilitation;

| (t) | insist on an independent and effective investigation into the protests-related deaths of Alyaksandr Taraykouski, Alyaksandr Vikhor, Artsyom Parukou, Henadz Shutau and Kanstantsin Shyshmakou and the murders of political opposition figures Yuriy Zakharenko, Anatoliy Krasovskiy and Victor Honchar that took place in 1999, as well as into the fate and whereabouts of journalist Dmitriy Zavadski in 2000; |
| --- | --- |

(t)

insist on an independent and effective investigation into the protests-related deaths of Alyaksandr Taraykouski, Alyaksandr Vikhor, Artsyom Parukou, Henadz Shutau and Kanstantsin Shyshmakou and the murders of political opposition figures Yuriy Zakharenko, Anatoliy Krasovskiy and Victor Honchar that took place in 1999, as well as into the fate and whereabouts of journalist Dmitriy Zavadski in 2000;

| (u) | call on Belarus to introduce into its Criminal Code a specific definition of torture in line with international human rights standards and ensure that it is punished with sanctions, as well as legislative changes to criminalise enforced disappearance; |
| --- | --- |

(u)

call on Belarus to introduce into its Criminal Code a specific definition of torture in line with international human rights standards and ensure that it is punished with sanctions, as well as legislative changes to criminalise enforced disappearance;

| (v) | call on the authorities to improve access, availability and quality as regards healthcare in places of detention, in particular given the COVID-19 pandemic, as well as the working conditions of medical staff, given reports of police preventing help for injured protesters and arresting medical workers; |
| --- | --- |

(v)

call on the authorities to improve access, availability and quality as regards healthcare in places of detention, in particular given the COVID-19 pandemic, as well as the working conditions of medical staff, given reports of police preventing help for injured protesters and arresting medical workers;

| (w) | implement the sanctions agreed by the EU foreign affairs ministers and the European Council, as soon as possible and in meaningful coordination with international partners; |
| --- | --- |

(w)

implement the sanctions agreed by the EU foreign affairs ministers and the European Council, as soon as possible and in meaningful coordination with international partners;

| (x) | widen the sanctions by enlarging the group of persons to include Aliaksandr Lukashenka and a substantial number of high and middle ranking officials, as well as members of the CEC who are liable for or have contributed to the falsification of the results of the presidential elections in Belarus and are responsible for or have contributed to violations of civil and human rights; this list should be applied by the EU as a whole and constantly updated and extended according to the level of crimes committed by the Lukashenka regime; |
| --- | --- |

(x)

widen the sanctions by enlarging the group of persons to include Aliaksandr Lukashenka and a substantial number of high and middle ranking officials, as well as members of the CEC who are liable for or have contributed to the falsification of the results of the presidential elections in Belarus and are responsible for or have contributed to violations of civil and human rights; this list should be applied by the EU as a whole and constantly updated and extended according to the level of crimes committed by the Lukashenka regime;

| (y) | impose visa bans and financial sanctions, including freezing of assets, against regime representatives, sanctioned individuals and their family members; |
| --- | --- |

(y)

impose visa bans and financial sanctions, including freezing of assets, against regime representatives, sanctioned individuals and their family members;

| (z) | swiftly operationalise and implement an EU human rights sanctions mechanism allowing sanctions to be applied that are similar to those of the US Magnitsky Act, against individuals and companies involved in grave human rights violations and responsible for other crimes, and apply them against Belarusian officials, including investigators and judges conducting criminal cases against political prisoners, and other individuals and companies involved in the violent suppression of peaceful signature collection rallies and protests in Belarus by means including torture and ill-treatment of detainees and political prisoners; |
| --- | --- |

(z)

swiftly operationalise and implement an EU human rights sanctions mechanism allowing sanctions to be applied that are similar to those of the US Magnitsky Act, against individuals and companies involved in grave human rights violations and responsible for other crimes, and apply them against Belarusian officials, including investigators and judges conducting criminal cases against political prisoners, and other individuals and companies involved in the violent suppression of peaceful signature collection rallies and protests in Belarus by means including torture and ill-treatment of detainees and political prisoners;

| (aa) | consider sectoral sanctions for Belarus which could increase pressure on the regime but should not entail a long-term negative impact on the population; |
| --- | --- |

(aa)

consider sectoral sanctions for Belarus which could increase pressure on the regime but should not entail a long-term negative impact on the population;

| (ab) | commit to the independence, sovereignty and territorial integrity of Belarus; strongly reject any covert or overt external interference from any third state, including the Russian Federation, in particular in Belarusian state media and the security forces; emphasise that the Belarusian protests are pro-democratic and not geopolitical in nature; reiterate that the European Union would be open to further development of relations with the country both bilaterally and within the Eastern Partnership framework only if Belarus meets all previously agreed conditions related to democracy, the rule of law, free and fair elections, international law and human rights and fundamental freedoms; |
| --- | --- |

(ab)

commit to the independence, sovereignty and territorial integrity of Belarus; strongly reject any covert or overt external interference from any third state, including the Russian Federation, in particular in Belarusian state media and the security forces; emphasise that the Belarusian protests are pro-democratic and not geopolitical in nature; reiterate that the European Union would be open to further development of relations with the country both bilaterally and within the Eastern Partnership framework only if Belarus meets all previously agreed conditions related to democracy, the rule of law, free and fair elections, international law and human rights and fundamental freedoms;

| (ac) | urge the Russian Federation not to engage in any actions that would threaten the sovereignty and territorial integrity of Belarus; express concern over its use of negotiations for continuous supply of oil and gas to Belarus as a political pressure method; publicly name and condemn the hybrid interference executed by the Russian Federation in ways such as delegating so-called media experts to the Belarusian state media and advisors to the military and law enforcement agencies, and deter the continuation of such actions; warn against any attempts to militarise the situation and provoke tensions with the neighbouring countries; |
| --- | --- |

(ac)

urge the Russian Federation not to engage in any actions that would threaten the sovereignty and territorial integrity of Belarus; express concern over its use of negotiations for continuous supply of oil and gas to Belarus as a political pressure method; publicly name and condemn the hybrid interference executed by the Russian Federation in ways such as delegating so-called media experts to the Belarusian state media and advisors to the military and law enforcement agencies, and deter the continuation of such actions; warn against any attempts to militarise the situation and provoke tensions with the neighbouring countries;

| (ad) | denounce the fact that Belarus charged Sviatlana Tsikhanouskaya for allegedly making public calls to harm the country’s security and to seize power, and denounce the Russian Federation’s decision to put her on the interstate list of wanted persons; |
| --- | --- |

(ad)

denounce the fact that Belarus charged Sviatlana Tsikhanouskaya for allegedly making public calls to harm the country’s security and to seize power, and denounce the Russian Federation’s decision to put her on the interstate list of wanted persons;

| (ae) | highlight that the military exercise of Belarusian armed forces held at the end of August 2020 on the border with Lithuania and Poland, which was followed by a hostile and misleading information campaign, has unnecessarily increased tension and mistrust; |
| --- | --- |

(ae)

highlight that the military exercise of Belarusian armed forces held at the end of August 2020 on the border with Lithuania and Poland, which was followed by a hostile and misleading information campaign, has unnecessarily increased tension and mistrust;

| (af) | acknowledge that while the critical engagement policy followed before the fraudulent presidential elections of 9 August 2020 has brought about some developments in bilateral relations, progress in the key areas of democracy, the rule of law, and respect for human rights and fundamental freedoms — including freedom of speech and expression and media freedom, as well as labour rights — and civil society, was reversed during and after those elections, the socio-economic situation is characterised by low household incomes and high unemployment rates, and the economy is stagnant and is heavily affected by state-owned enterprises and corruption; as the EU engages in a more tailored approach to the Eastern Partnership and a full review of EU-Belarus relations, consider applying the ‘less for less’ principle in the case of further deterioration of the human rights situation, which should not affect engagement and support for civil society, human rights defenders, independent media and the people of Belarus, since on the contrary political, financial, technological and information support needs to be further boosted pursuing the ‘more for more’ principle and greater involvement of civil society in initiatives and projects in Belarus supported by the EU, other international organisations and individual countries needs to be encouraged; |
| --- | --- |

(af)

acknowledge that while the critical engagement policy followed before the fraudulent presidential elections of 9 August 2020 has brought about some developments in bilateral relations, progress in the key areas of democracy, the rule of law, and respect for human rights and fundamental freedoms — including freedom of speech and expression and media freedom, as well as labour rights — and civil society, was reversed during and after those elections, the socio-economic situation is characterised by low household incomes and high unemployment rates, and the economy is stagnant and is heavily affected by state-owned enterprises and corruption; as the EU engages in a more tailored approach to the Eastern Partnership and a full review of EU-Belarus relations, consider applying the ‘less for less’ principle in the case of further deterioration of the human rights situation, which should not affect engagement and support for civil society, human rights defenders, independent media and the people of Belarus, since on the contrary political, financial, technological and information support needs to be further boosted pursuing the ‘more for more’ principle and greater involvement of civil society in initiatives and projects in Belarus supported by the EU, other international organisations and individual countries needs to be encouraged;

| (ag) | prepare a comprehensive review of its policy towards Belarus, with a particular focus on the EU’s support to civil society and the people of Belarus, taking into account different scenarios of developments in the country, and suspend negotiations on the EU-Belarus Partnership Priorities until free and fair presidential elections take place in Belarus; insist that the EU needs to be united and persistent in its response to the situation in Belarus following the presidential elections; |
| --- | --- |

(ag)

prepare a comprehensive review of its policy towards Belarus, with a particular focus on the EU’s support to civil society and the people of Belarus, taking into account different scenarios of developments in the country, and suspend negotiations on the EU-Belarus Partnership Priorities until free and fair presidential elections take place in Belarus; insist that the EU needs to be united and persistent in its response to the situation in Belarus following the presidential elections;

| (ah) | welcome the statement of the Foreign Affairs Council of 12 October 2020 expressing the EU’s readiness to support a peaceful democratic transition and to use a variety of instruments in line with the Eastern Partnership, including launching a comprehensive economic support plan; |
| --- | --- |

(ah)

welcome the statement of the Foreign Affairs Council of 12 October 2020 expressing the EU’s readiness to support a peaceful democratic transition and to use a variety of instruments in line with the Eastern Partnership, including launching a comprehensive economic support plan;

| (ai) | support the initiative to set up a high-level mission for Belarus composed of former heads of state or government, whose task should be to help put a stop to the violence, assist in freeing political prisoners and detainees, and explore all avenues at a domestic and international level to create a conducive environment for an inclusive political dialogue in Belarus; |
| --- | --- |

(ai)

support the initiative to set up a high-level mission for Belarus composed of former heads of state or government, whose task should be to help put a stop to the violence, assist in freeing political prisoners and detainees, and explore all avenues at a domestic and international level to create a conducive environment for an inclusive political dialogue in Belarus;

| (aj) | denounce the actions taken by the Belarusian authorities against the Lithuanian and Polish embassies in Minsk, namely their demands that the Lithuanian and Polish ambassadors be recalled and their embassies’ diplomatic staff reduced; ensure a coordinated and united response from the EU Member States; welcome, in this context, the gestures of solidarity expressed by those Member States that decided to recall their ambassadors for consultations; |
| --- | --- |

(aj)

denounce the actions taken by the Belarusian authorities against the Lithuanian and Polish embassies in Minsk, namely their demands that the Lithuanian and Polish ambassadors be recalled and their embassies’ diplomatic staff reduced; ensure a coordinated and united response from the EU Member States; welcome, in this context, the gestures of solidarity expressed by those Member States that decided to recall their ambassadors for consultations;

| (ak) | offer the alternative of strengthened and much closer cooperation with Belarus that also includes a substantially increased financial and technical commitment from the EU should democratic changes, including new elections, become reality; |
| --- | --- |

(ak)

offer the alternative of strengthened and much closer cooperation with Belarus that also includes a substantially increased financial and technical commitment from the EU should democratic changes, including new elections, become reality;

| (al) | develop a comprehensive programme for Belarus after the new presidential elections are held and organise a donors’ conference for democratic Belarus, which would bring together international financial institutions, G7 countries, EU Member States and institutions, and others willing to pledge a multi-billion euro financial package to support the future reform efforts and restructuring of the economy; |
| --- | --- |

(al)

develop a comprehensive programme for Belarus after the new presidential elections are held and organise a donors’ conference for democratic Belarus, which would bring together international financial institutions, G7 countries, EU Member States and institutions, and others willing to pledge a multi-billion euro financial package to support the future reform efforts and restructuring of the economy;

| (am) | immediately cease any disbursements of EU financial assistance to the illegitimate Belarusian authorities and avoid providing any funding to the government and state-controlled projects, including the twinning and cross-border cooperation projects, and channelling assistance or funding earmarked for civil society through these entities; set up clear conditions to guarantee that EU financial support to Belarus will not end up in the hands of the regime’s representatives or serve to legitimise its actions, unless the regime ceases all repression, opens up to dialogue with citizens and allows new free and fair elections; |
| --- | --- |

(am)

immediately cease any disbursements of EU financial assistance to the illegitimate Belarusian authorities and avoid providing any funding to the government and state-controlled projects, including the twinning and cross-border cooperation projects, and channelling assistance or funding earmarked for civil society through these entities; set up clear conditions to guarantee that EU financial support to Belarus will not end up in the hands of the regime’s representatives or serve to legitimise its actions, unless the regime ceases all repression, opens up to dialogue with citizens and allows new free and fair elections;

| (an) | ensure that the additional support of EUR 53 million meets the needs of the Belarusian people, thus, in addition to the COVID-19-related relief, covering medical treatment of Belarusian people who have been injured and traumatised as a result of the brutal crackdown on protesters, and for the most serious cases facilitating and supporting treatment and recovery in EU Member States; express their support for the civil society organisations and activists, including those operating in exile, for enabling organisations and lawyers providing legal services to the victims of the Belarusian regime, for documentation and investigation of the human rights violations, and for the Belarusian workers on strike and the independent trade unions, the independent media and investigative journalism; |
| --- | --- |

(an)

ensure that the additional support of EUR 53 million meets the needs of the Belarusian people, thus, in addition to the COVID-19-related relief, covering medical treatment of Belarusian people who have been injured and traumatised as a result of the brutal crackdown on protesters, and for the most serious cases facilitating and supporting treatment and recovery in EU Member States; express their support for the civil society organisations and activists, including those operating in exile, for enabling organisations and lawyers providing legal services to the victims of the Belarusian regime, for documentation and investigation of the human rights violations, and for the Belarusian workers on strike and the independent trade unions, the independent media and investigative journalism;

| (ao) | develop a strategy for distribution of the EU funds in cooperation with civil society and democratic representatives of the Belarusian people, the EU and international civil society organisations and institutions with experience of working with Belarus; |
| --- | --- |

(ao)

develop a strategy for distribution of the EU funds in cooperation with civil society and democratic representatives of the Belarusian people, the EU and international civil society organisations and institutions with experience of working with Belarus;

| (ap) | insist that support programmes implemented through the EIB, EBRD, World Bank, UN and other international organisations must also be conditioned on improving the situation of human rights and democracy, and on meeting the international standards for nuclear safety; note and address the situation that, currently, the programmes implemented in cooperation between these international organisations and state structures in Belarus usually do not include independent stakeholders in their governing bodies, which leads not only to such programmes having only dubious achievements, but also contributes to the displacement of civil society organisations from the structure of cooperation with the EU by the state-owned public organisations (government-organised non-governmental organisations or GONGOs); |
| --- | --- |

(ap)

insist that support programmes implemented through the EIB, EBRD, World Bank, UN and other international organisations must also be conditioned on improving the situation of human rights and democracy, and on meeting the international standards for nuclear safety; note and address the situation that, currently, the programmes implemented in cooperation between these international organisations and state structures in Belarus usually do not include independent stakeholders in their governing bodies, which leads not only to such programmes having only dubious achievements, but also contributes to the displacement of civil society organisations from the structure of cooperation with the EU by the state-owned public organisations (government-organised non-governmental organisations or GONGOs);

| (aq) | welcome the numerous acts of solidarity with the people of Belarus, including fundraising and charitable and humanitarian assistance; in this regard, condemn the stopping of the humanitarian aid transport organised by ‘NSZZ Solidarnosc’; |
| --- | --- |

(aq)

welcome the numerous acts of solidarity with the people of Belarus, including fundraising and charitable and humanitarian assistance; in this regard, condemn the stopping of the humanitarian aid transport organised by ‘NSZZ Solidarnosc’;

| (ar) | support the work of European political foundations in strengthening the development and role of the citizenry in shaping public affairs and empowering future political leaders in Belarus; |
| --- | --- |

(ar)

support the work of European political foundations in strengthening the development and role of the citizenry in shaping public affairs and empowering future political leaders in Belarus;

| (as) | remind the Belarusian authorities that the EU has reacted fast and responded to the urgent needs of the country during the COVID-19 pandemic, mobilising over EUR 60 million to help tackle immediate needs, such as support to the health sector and vulnerable communities, as well as short-term needs, in support of social and economic recovery; |
| --- | --- |

(as)

remind the Belarusian authorities that the EU has reacted fast and responded to the urgent needs of the country during the COVID-19 pandemic, mobilising over EUR 60 million to help tackle immediate needs, such as support to the health sector and vulnerable communities, as well as short-term needs, in support of social and economic recovery;

| (at) | insist that any future EU macrofinancial support for mitigating the economic consequences of the COVID-19 pandemic is conditional on strict political and economic criteria, notably those linked to democracy and human rights, particularly ending political repression and releasing all political prisoners; note the nuclear safety concerns voiced by some EU Member States and the threats posed by Belarus-Russia military cooperation, and insist that adequate measures are taken to combat the virus and protect the population; |
| --- | --- |

(at)

insist that any future EU macrofinancial support for mitigating the economic consequences of the COVID-19 pandemic is conditional on strict political and economic criteria, notably those linked to democracy and human rights, particularly ending political repression and releasing all political prisoners; note the nuclear safety concerns voiced by some EU Member States and the threats posed by Belarus-Russia military cooperation, and insist that adequate measures are taken to combat the virus and protect the population;

| (au) | insist that such support must be closely monitored in order to prevent any misuse of EU funds such as the financing of experimental medicines or vaccines; |
| --- | --- |

(au)

insist that such support must be closely monitored in order to prevent any misuse of EU funds such as the financing of experimental medicines or vaccines;

| (av) | highlight the need to address the Belarusian regime's endeavours to spread disinformation, portraying EU support as support for the regime; express concern at the spread of fake news and disinformation in Belarus during the COVID-19 pandemic, and encourage both the Belarusian authorities and the EU to develop specific programmes that combat disinformation and propaganda; |
| --- | --- |

(av)

highlight the need to address the Belarusian regime's endeavours to spread disinformation, portraying EU support as support for the regime; express concern at the spread of fake news and disinformation in Belarus during the COVID-19 pandemic, and encourage both the Belarusian authorities and the EU to develop specific programmes that combat disinformation and propaganda;

| (aw) | call on the Belarusian authorities to publicly recognise the threat posed by the COVID-19 pandemic, strengthening the healthcare system, providing citizens with relevant life-saving information and statistics about the pandemic in a transparent and inclusive manner, implement the recommendations of the WHO expert mission to Belarus of April 2020, improve the working conditions of medical staff, and improve access to and the, availability and quality of healthcare, including in places of detention; |
| --- | --- |

(aw)

call on the Belarusian authorities to publicly recognise the threat posed by the COVID-19 pandemic, strengthening the healthcare system, providing citizens with relevant life-saving information and statistics about the pandemic in a transparent and inclusive manner, implement the recommendations of the WHO expert mission to Belarus of April 2020, improve the working conditions of medical staff, and improve access to and the, availability and quality of healthcare, including in places of detention;

| (ax) | maintain the issue of nuclear safety as a major concern for the EU owing to the potentially disastrous consequences of an accident for the whole region; treat the issue of the Astravyets Nuclear Power Plant (NPP) with urgency as it is approaching the start of its operations, the first delivery of nuclear fuel having been received from Russia and already loaded to the first reactor, while further technical preparations are under way to start electricity generation in November 2020; |
| --- | --- |

(ax)

maintain the issue of nuclear safety as a major concern for the EU owing to the potentially disastrous consequences of an accident for the whole region; treat the issue of the Astravyets Nuclear Power Plant (NPP) with urgency as it is approaching the start of its operations, the first delivery of nuclear fuel having been received from Russia and already loaded to the first reactor, while further technical preparations are under way to start electricity generation in November 2020;

| (ay) | demand the deferral of the planned commissioning of the Astravets NPP until international nuclear safety standards have been met, obligatory public hearings are held, and the political situation in Belarus has stabilised, given a number of unresolved nuclear safety problems identified during stress tests, the absence of a final conclusion on the plant’s safety, insufficient storage capacity for spent nuclear fuel and for energy reserves, and the currently unstable situation in Belarus complicating response measures in the event of an accident, of which there is an increased risk during the start-up of the reactor; |
| --- | --- |

(ay)

demand the deferral of the planned commissioning of the Astravets NPP until international nuclear safety standards have been met, obligatory public hearings are held, and the political situation in Belarus has stabilised, given a number of unresolved nuclear safety problems identified during stress tests, the absence of a final conclusion on the plant’s safety, insufficient storage capacity for spent nuclear fuel and for energy reserves, and the currently unstable situation in Belarus complicating response measures in the event of an accident, of which there is an increased risk during the start-up of the reactor;

| (az) | express their concern that Belarus will not fully implement the recommendations of the stress tests carried out by the EU nuclear safety authorities before the launch of the first reactor of the Astravyets NPP, noting moreover that the NPP is being built without ensuring a secondary control reserve that is necessary for its safe functioning; |
| --- | --- |

(az)

express their concern that Belarus will not fully implement the recommendations of the stress tests carried out by the EU nuclear safety authorities before the launch of the first reactor of the Astravyets NPP, noting moreover that the NPP is being built without ensuring a secondary control reserve that is necessary for its safe functioning;

| (ba) | insist on full respect for international nuclear and environmental safety standards, transparent, inclusive and constructive cooperation with international authorities, and the provision of access and monitoring capabilities for independent environmental organisations in Belarus as regards the Astravyets NPP, and link their implementation to the disbursement of EU financial support; support efforts to ensure European solidarity on the issue of banning imports of energy from the Astravyets NPP into the EU market; |
| --- | --- |

(ba)

insist on full respect for international nuclear and environmental safety standards, transparent, inclusive and constructive cooperation with international authorities, and the provision of access and monitoring capabilities for independent environmental organisations in Belarus as regards the Astravyets NPP, and link their implementation to the disbursement of EU financial support; support efforts to ensure European solidarity on the issue of banning imports of energy from the Astravyets NPP into the EU market;

Human rights and media freedom

| (bb) | applaud the Belarusian people for their courage and determination and strongly support their desire for democratic change, social justice and freedom, basing their country’s future on the principles of democracy, the rule of law and human rights, so as to ensure the freedom, independence, sovereignty and prosperity of the Republic of Belarus; |
| --- | --- |

(bb)

applaud the Belarusian people for their courage and determination and strongly support their desire for democratic change, social justice and freedom, basing their country’s future on the principles of democracy, the rule of law and human rights, so as to ensure the freedom, independence, sovereignty and prosperity of the Republic of Belarus;

| (bc) | insist on the need to amend the national legislation of the Republic of Belarus in order to ensure basic civil rights and freedoms, such as freedom of assembly, association, expression and opinion, as well as media freedom, and compliance with international agreements and the OSCE guidelines on the freedom of peaceful assembly; call on Belarus to cooperate fully with the UN Special Rapporteur on the situation of human rights in the country, including visits to Belarus, as well as with the UN Committee against Torture and the UN Human Rights Committee, in order to carry out long-overdue reforms to protect human rights, strengthen democracy and address the issue of torture and other cruel, inhumane or degrading treatment or punishment of detained persons in Belarus; |
| --- | --- |

(bc)

insist on the need to amend the national legislation of the Republic of Belarus in order to ensure basic civil rights and freedoms, such as freedom of assembly, association, expression and opinion, as well as media freedom, and compliance with international agreements and the OSCE guidelines on the freedom of peaceful assembly; call on Belarus to cooperate fully with the UN Special Rapporteur on the situation of human rights in the country, including visits to Belarus, as well as with the UN Committee against Torture and the UN Human Rights Committee, in order to carry out long-overdue reforms to protect human rights, strengthen democracy and address the issue of torture and other cruel, inhumane or degrading treatment or punishment of detained persons in Belarus;

| (bd) | condemn the ongoing application of the death penalty in Belarus and continue to work with the Belarusian authorities towards a moratorium as a first step towards its permanent abolition and, pending abolition, work towards an effective right of appeal against death sentences; encourage the intensification of public debate regarding the abolition of capital punishment, paving the way for a possible future referendum on the issue; |
| --- | --- |

(bd)

condemn the ongoing application of the death penalty in Belarus and continue to work with the Belarusian authorities towards a moratorium as a first step towards its permanent abolition and, pending abolition, work towards an effective right of appeal against death sentences; encourage the intensification of public debate regarding the abolition of capital punishment, paving the way for a possible future referendum on the issue;

| (be) | condemn the ongoing intimidation and persecution of human rights defenders, opposition figures, including presidential hopefuls, their supporters and family members, peaceful protesters, civil society activists, election observers, environmental rights defenders, religious leaders, athletes, students and researchers, and independent journalists and bloggers, in particular the tactics of disappearance and heavy fines applied by the authorities; call on Belarus to cease this repression and to guarantee these people’s ability to carry out their activities without fear of reprisals and free of all restrictions; deplore the silencing and intimidation of doctors, medical personnel and others who openly spoke and warned about the spread of COVID-19 in Belarus; |
| --- | --- |

(be)

condemn the ongoing intimidation and persecution of human rights defenders, opposition figures, including presidential hopefuls, their supporters and family members, peaceful protesters, civil society activists, election observers, environmental rights defenders, religious leaders, athletes, students and researchers, and independent journalists and bloggers, in particular the tactics of disappearance and heavy fines applied by the authorities; call on Belarus to cease this repression and to guarantee these people’s ability to carry out their activities without fear of reprisals and free of all restrictions; deplore the silencing and intimidation of doctors, medical personnel and others who openly spoke and warned about the spread of COVID-19 in Belarus;

| (bf) | note the attempts to interrupt and limit the work activities and silence the reporting of the Human Rights Centre ‘Viasna’ members, notably Aliaksandr Burakou, Ales Burakou, Raman Kisliak, Uladzimir Vialichkin, Alena Masliukova, Andrei Miadzvedzeu and Siarhej Lacinski, and call for an end to the detention, prosecution and intimidation of these people and their family members; |
| --- | --- |

(bf)

note the attempts to interrupt and limit the work activities and silence the reporting of the Human Rights Centre ‘Viasna’ members, notably Aliaksandr Burakou, Ales Burakou, Raman Kisliak, Uladzimir Vialichkin, Alena Masliukova, Andrei Miadzvedzeu and Siarhej Lacinski, and call for an end to the detention, prosecution and intimidation of these people and their family members;

| (bg) | acknowledge the chilling effect of repression on civil society and the important role of human rights defenders in ensuring independent monitoring, particularly during elections; |
| --- | --- |

(bg)

acknowledge the chilling effect of repression on civil society and the important role of human rights defenders in ensuring independent monitoring, particularly during elections;

| (bh) | condemn the efforts of the Belarusian regime to deny entry to the country for Belarusians critical towards it, such as the head of the Catholic Church of Belarus, Archbishop Tadeusz Kondrusiewicz, as well as independent journalists, human rights workers and representatives of the international community, including Members of the European Parliament; |
| --- | --- |

(bh)

condemn the efforts of the Belarusian regime to deny entry to the country for Belarusians critical towards it, such as the head of the Catholic Church of Belarus, Archbishop Tadeusz Kondrusiewicz, as well as independent journalists, human rights workers and representatives of the international community, including Members of the European Parliament;

| (bi) | develop a clear procedure and capacities among the EU Member States to fast-track consideration and issuance of Schengen visas and create a humanitarian corridor for Belarusian citizens in cases where they are in urgent need of medical assistance or seek refuge for political reasons; |
| --- | --- |

(bi)

develop a clear procedure and capacities among the EU Member States to fast-track consideration and issuance of Schengen visas and create a humanitarian corridor for Belarusian citizens in cases where they are in urgent need of medical assistance or seek refuge for political reasons;

| (bj) | condemn the continued discrimination and stigmatisation directed against people with disabilities, people with HIV, minorities, LGBTQI people, and families of detainees across Belarus, and call for the establishment of an independent national human rights body and a new Human Rights Action Plan, and the adoption of comprehensive anti-discrimination legislation; |
| --- | --- |

(bj)

condemn the continued discrimination and stigmatisation directed against people with disabilities, people with HIV, minorities, LGBTQI people, and families of detainees across Belarus, and call for the establishment of an independent national human rights body and a new Human Rights Action Plan, and the adoption of comprehensive anti-discrimination legislation;

| (bk) | recall that Belarus has ratified the International Covenant on Civil and Political Rights, in accordance with which national legislation must guarantee all persons equal and effective protection against discrimination on any grounds: race, colour, sex, language, religion, political or other beliefs, national or social origin, property status, and birth or other circumstances; express concern that awareness and knowledge about the Covenant among government officials, judges, prosecutors, and lawyers remain limited; call on the Belarusian authorities to improve the education system and spread information in the media in order to foster a tolerant attitude towards vulnerable groups; |
| --- | --- |

(bk)

recall that Belarus has ratified the International Covenant on Civil and Political Rights, in accordance with which national legislation must guarantee all persons equal and effective protection against discrimination on any grounds: race, colour, sex, language, religion, political or other beliefs, national or social origin, property status, and birth or other circumstances; express concern that awareness and knowledge about the Covenant among government officials, judges, prosecutors, and lawyers remain limited; call on the Belarusian authorities to improve the education system and spread information in the media in order to foster a tolerant attitude towards vulnerable groups;

| (bl) | call for action to effectively counter the continued stereotyping and discrimination affecting women by improving their working environment, allowing women access to all sectors of employment, reducing the gender pay gap, and promoting the political engagement of women, among other measures; mainstream gender equality in the EU’s relations with Belarus; |
| --- | --- |

(bl)

call for action to effectively counter the continued stereotyping and discrimination affecting women by improving their working environment, allowing women access to all sectors of employment, reducing the gender pay gap, and promoting the political engagement of women, among other measures; mainstream gender equality in the EU’s relations with Belarus;

| (bm) | raise the issue of discrimination against Belarusian language speakers in Belarus and support initiatives aimed at promoting a wider use of the Belarusian language in education, public and cultural life and the media; |
| --- | --- |

(bm)

raise the issue of discrimination against Belarusian language speakers in Belarus and support initiatives aimed at promoting a wider use of the Belarusian language in education, public and cultural life and the media;

| (bn) | deplore the prevalence of forced labour, which disproportionately targets vulnerable categories of people, including employees of state-owned enterprises and administrations, students, people held in so-called labour treatment centres, prisoners and army conscripts; call on Belarus to revoke all legislation that allows forced labour and not to force Belarusian people to take part in the annual community work day; |
| --- | --- |

(bn)

deplore the prevalence of forced labour, which disproportionately targets vulnerable categories of people, including employees of state-owned enterprises and administrations, students, people held in so-called labour treatment centres, prisoners and army conscripts; call on Belarus to revoke all legislation that allows forced labour and not to force Belarusian people to take part in the annual community work day;

| (bo) | address the issue of disproportionate punishment within the legal system of Belarus, notably Article 328 of the Criminal Code, under which minors are punished for non-violent drug-related offences with disproportionately long terms of imprisonment; |
| --- | --- |

(bo)

address the issue of disproportionate punishment within the legal system of Belarus, notably Article 328 of the Criminal Code, under which minors are punished for non-violent drug-related offences with disproportionately long terms of imprisonment;

| (bp) | encourage the continuation of the EU-Belarus Human Rights Dialogue, but insist that its true usefulness comes not just from institutional contacts but from measurable progress, which is not taking place according to the participating Belarusian civil society organisations; |
| --- | --- |

(bp)

encourage the continuation of the EU-Belarus Human Rights Dialogue, but insist that its true usefulness comes not just from institutional contacts but from measurable progress, which is not taking place according to the participating Belarusian civil society organisations;

| (bq) | monitor the situation of media freedom in Belarus and support and create a safe working environment for independent media outlets, bloggers and journalists, including those who work on a freelance basis with unregistered foreign media, as well as media based in Poland, such as Belsat TV, European Radio for Belarus and Radio Racja, as these are an important source of information both for and about Belarus, and provide a much-needed channel for alternative views; |
| --- | --- |

(bq)

monitor the situation of media freedom in Belarus and support and create a safe working environment for independent media outlets, bloggers and journalists, including those who work on a freelance basis with unregistered foreign media, as well as media based in Poland, such as Belsat TV, European Radio for Belarus and Radio Racja, as these are an important source of information both for and about Belarus, and provide a much-needed channel for alternative views;

| (br) | strongly condemn the suppression of the internet and media, road blockades, and intimidation of and massive withdrawals of accreditations for journalists in order to stop the flow of information about the situation in the country, as well as the denial of access to Belarus for international media and members of parliament or government of the democratic community; |
| --- | --- |

(br)

strongly condemn the suppression of the internet and media, road blockades, and intimidation of and massive withdrawals of accreditations for journalists in order to stop the flow of information about the situation in the country, as well as the denial of access to Belarus for international media and members of parliament or government of the democratic community;

| (bs) | denounce the decision of the Belarusian Ministry of Foreign Affairs to cancel all accreditations of journalists who work for foreign media organisations and have been covering the ongoing protests in the country, citing an update of accreditation procedures; |
| --- | --- |

(bs)

denounce the decision of the Belarusian Ministry of Foreign Affairs to cancel all accreditations of journalists who work for foreign media organisations and have been covering the ongoing protests in the country, citing an update of accreditation procedures;

| (bt) | commend the actions of the journalists and employees of public media outlets who despite repression and threats against them remained true to the journalist’s ethos and continued to support the democratic opposition and were subsequently fired; recognise the work of independent media, including Charter 97, Belsat TV, Radio Svoboda and others; use the European Endowment for Democracy and other instruments to support these outlets and journalists that are subject to repression by the regime; |
| --- | --- |

(bt)

commend the actions of the journalists and employees of public media outlets who despite repression and threats against them remained true to the journalist’s ethos and continued to support the democratic opposition and were subsequently fired; recognise the work of independent media, including Charter 97, Belsat TV, Radio Svoboda and others; use the European Endowment for Democracy and other instruments to support these outlets and journalists that are subject to repression by the regime;

| (bu) | vigilantly counter propagandist narratives and disinformation spread by the Belarusian state media accusing the EU and its Member States of interference in the ongoing processes in Belarus and posing supposed security threats for the territorial integrity of the country, as well as any hybrid threats made by third-party actors; call for the removal of the alleged ‘journalists’ sent from Russia to replace the employees who resigned from the Belarusian state-owned TV stations; |
| --- | --- |

(bu)

vigilantly counter propagandist narratives and disinformation spread by the Belarusian state media accusing the EU and its Member States of interference in the ongoing processes in Belarus and posing supposed security threats for the territorial integrity of the country, as well as any hybrid threats made by third-party actors; call for the removal of the alleged ‘journalists’ sent from Russia to replace the employees who resigned from the Belarusian state-owned TV stations;

Economic and sectoral cooperation

| (bv) | remind Belarus that the EU is its second-biggest trade partner and that intensification of economic relations could bring a much-needed balance to Belarusian external trade, which remains very dependent on Russia and the Eurasian Economic Union; |
| --- | --- |

(bv)

remind Belarus that the EU is its second-biggest trade partner and that intensification of economic relations could bring a much-needed balance to Belarusian external trade, which remains very dependent on Russia and the Eurasian Economic Union;

| (bw) | emphasise the importance of continuing the process of Belarus’s accession to the World Trade Organisation (WTO), as it will encourage the modernisation and diversification of the economy, contribute to the creation of a more stable business environment in the country, and ease rules-based trade with the EU; |
| --- | --- |

(bw)

emphasise the importance of continuing the process of Belarus’s accession to the World Trade Organisation (WTO), as it will encourage the modernisation and diversification of the economy, contribute to the creation of a more stable business environment in the country, and ease rules-based trade with the EU;

| (bx) | note that China's president was the first to congratulate Lukashenka after the elections; express concern over increasing Chinese investments in strategic infrastructure, and warn about the dependency effect this might create for Belarus; |
| --- | --- |

(bx)

note that China's president was the first to congratulate Lukashenka after the elections; express concern over increasing Chinese investments in strategic infrastructure, and warn about the dependency effect this might create for Belarus;

| (by) | note that the Belarusian economy is stagnating and that more than one fifth of the population live in absolute poverty, with the numbers tending to increase due to the COVID-19 crisis; note that the minimum wage in Belarus is 375 Belarusian rubles per month or EUR 137, and that the country is facing a demographic crisis, with the working age population shrinking and massive labour migration from Belarus; |
| --- | --- |

(by)

note that the Belarusian economy is stagnating and that more than one fifth of the population live in absolute poverty, with the numbers tending to increase due to the COVID-19 crisis; note that the minimum wage in Belarus is 375 Belarusian rubles per month or EUR 137, and that the country is facing a demographic crisis, with the working age population shrinking and massive labour migration from Belarus;

| (bz) | note the damaging effects for the Belarusian economy of the refusal of the regime to enter into a dialogue with the people, and notably the ongoing nationwide strikes at state-owned enterprises and the strikes by teachers and social and cultural workers; also notes the damaging effects on the IT sector, which might not recover to its previous level; |
| --- | --- |

(bz)

note the damaging effects for the Belarusian economy of the refusal of the regime to enter into a dialogue with the people, and notably the ongoing nationwide strikes at state-owned enterprises and the strikes by teachers and social and cultural workers; also notes the damaging effects on the IT sector, which might not recover to its previous level;

| (ca) | express their regret at the unwillingness of the Belarusian authorities to follow the recommendations of international financial institutions such as the World Bank and IMF, or to implement reforms reducing the vast number of state-owned enterprises, reforming the business sector, encouraging entrepreneurship, supporting SMEs, reducing the public debt, outsourcing the realistic costs of living to the population and improving conditions on the labour market; |
| --- | --- |

(ca)

express their regret at the unwillingness of the Belarusian authorities to follow the recommendations of international financial institutions such as the World Bank and IMF, or to implement reforms reducing the vast number of state-owned enterprises, reforming the business sector, encouraging entrepreneurship, supporting SMEs, reducing the public debt, outsourcing the realistic costs of living to the population and improving conditions on the labour market;

| (cb) | express their concern over state regulations that are damaging for the private sector, particularly the requirement to pay a minimum wage not lower than the average wage of the ten most successful state-owned enterprises; |
| --- | --- |

(cb)

express their concern over state regulations that are damaging for the private sector, particularly the requirement to pay a minimum wage not lower than the average wage of the ten most successful state-owned enterprises;

| (cc) | express their concern over the prevalent large-scale systemic corruption in Belarusian public institutions and state-owned companies, encourage and support anti-corruption investigations and information campaigns, voice concerns over harassment and persecution of journalists reporting on corruption cases, and insist on a safe environment for investigative journalists and whistleblowers; |
| --- | --- |

(cc)

express their concern over the prevalent large-scale systemic corruption in Belarusian public institutions and state-owned companies, encourage and support anti-corruption investigations and information campaigns, voice concerns over harassment and persecution of journalists reporting on corruption cases, and insist on a safe environment for investigative journalists and whistleblowers;

| (cd) | insist that a comprehensive investigation is conducted into the financial flows of the family of Aliaksandr Lukashenka and his associates, including the activities of Belarusian state enterprises in offshore zones, as well as corruption schemes of Belarusian enterprises; |
| --- | --- |

(cd)

insist that a comprehensive investigation is conducted into the financial flows of the family of Aliaksandr Lukashenka and his associates, including the activities of Belarusian state enterprises in offshore zones, as well as corruption schemes of Belarusian enterprises;

| (ce) | welcome and encourage the energy diversification of Belarus and the reduction of its dependence on Russia through imports of oil and gas from new suppliers, including via the territory of the EU; also encourage improving environmental sustainability and the development of alternative energy sources; |
| --- | --- |

(ce)

welcome and encourage the energy diversification of Belarus and the reduction of its dependence on Russia through imports of oil and gas from new suppliers, including via the territory of the EU; also encourage improving environmental sustainability and the development of alternative energy sources;

| (cf) | emphasise the importance that the EU attaches to the fight against climate change, notably through the implementation of the European Green Deal and the 2015 Paris Agreement, and encourage Belarus to enhance its cooperation with the EU on environmental matters with a view to green transformation, energy efficiency, sustainability and climate neutrality, and to use the opportunities offered by the Eastern Europe Energy Efficiency and Environment Partnership, while insisting that the harassment of environmental activists must be stopped; invite Belarus to increase efforts to fight climate change and implement climate change mainstreaming in all areas of policymaking; |
| --- | --- |

(cf)

emphasise the importance that the EU attaches to the fight against climate change, notably through the implementation of the European Green Deal and the 2015 Paris Agreement, and encourage Belarus to enhance its cooperation with the EU on environmental matters with a view to green transformation, energy efficiency, sustainability and climate neutrality, and to use the opportunities offered by the Eastern Europe Energy Efficiency and Environment Partnership, while insisting that the harassment of environmental activists must be stopped; invite Belarus to increase efforts to fight climate change and implement climate change mainstreaming in all areas of policymaking;

| (cg) | highlight initiatives in the framework of the Northern Dimension Environmental Partnership (NDEP), which are aimed at tackling the most pressing environmental problems in the area; |
| --- | --- |

(cg)

highlight initiatives in the framework of the Northern Dimension Environmental Partnership (NDEP), which are aimed at tackling the most pressing environmental problems in the area;

People-to-people contacts

| (ch) | maintain that the EU is interested in the broadest possible people-to-people contacts as the best way of bringing the EU and Belarus closer together, as well as promoting mutual understanding and exchange of best practice; promote exchange programmes with a proven track record, such as the Mobility Scheme for Targeted People-to-People Contacts (MOST), and reiterate that the visa facilitation agreement is a tangible expression of this policy; |
| --- | --- |

(ch)

maintain that the EU is interested in the broadest possible people-to-people contacts as the best way of bringing the EU and Belarus closer together, as well as promoting mutual understanding and exchange of best practice; promote exchange programmes with a proven track record, such as the Mobility Scheme for Targeted People-to-People Contacts (MOST), and reiterate that the visa facilitation agreement is a tangible expression of this policy;

| (ci) | welcome the progress in implementing the Mobility Partnership and visa facilitation and readmission agreements as part of a safe and well-managed mobility environment between the EU and Belarus; |
| --- | --- |

(ci)

welcome the progress in implementing the Mobility Partnership and visa facilitation and readmission agreements as part of a safe and well-managed mobility environment between the EU and Belarus;

| (cj) | acknowledge and make use of the fact that growing mobility between the EU and Belarus increases citizens’ exposure to European values and support for democratic transformation; |
| --- | --- |

(cj)

acknowledge and make use of the fact that growing mobility between the EU and Belarus increases citizens’ exposure to European values and support for democratic transformation;

| (ck) | explore possibilities for visa-free travel to Belarusian citizens so that people-to-people contact is not held hostage to undemocratic principles of the Belarusian authorities; |
| --- | --- |

(ck)

explore possibilities for visa-free travel to Belarusian citizens so that people-to-people contact is not held hostage to undemocratic principles of the Belarusian authorities;

| (cl) | support cross-border cooperation and movement between Belarus and the neighbouring EU Member States, particularly encouraging the Belarusian authorities to implement the local border traffic regime with Lithuania, which would benefit those living within a 50-kilometre radius on both sides of the border; |
| --- | --- |

(cl)

support cross-border cooperation and movement between Belarus and the neighbouring EU Member States, particularly encouraging the Belarusian authorities to implement the local border traffic regime with Lithuania, which would benefit those living within a 50-kilometre radius on both sides of the border;

| (cm) | acknowledge the role of the Belarusian diaspora in democratic awakening in Belarus and engage its members in the EU Member States as important actors in a national dialogue in Belarus; |
| --- | --- |

(cm)

acknowledge the role of the Belarusian diaspora in democratic awakening in Belarus and engage its members in the EU Member States as important actors in a national dialogue in Belarus;

| (cn) | support cooperation in the sphere of culture through programmes such as Creative Europe, and in particular projects aimed at fostering creativity, involving civil society organisations and initiatives at local level; promote and mobilise European solidarity with Belarusian society through cultural expressions; |
| --- | --- |

(cn)

support cooperation in the sphere of culture through programmes such as Creative Europe, and in particular projects aimed at fostering creativity, involving civil society organisations and initiatives at local level; promote and mobilise European solidarity with Belarusian society through cultural expressions;

| (co) | intensify efforts to ensure that young people in Belarus can benefit from better-quality education through progress in the implementation of the Bologna Process and increased academic mobility and opportunities to study in the EU via the Erasmus+ programme, which can contribute, in a real and long-term way, to a change of mentality in Belarus and to the natural transfer of European values to the country and its democratisation; |
| --- | --- |

(co)

intensify efforts to ensure that young people in Belarus can benefit from better-quality education through progress in the implementation of the Bologna Process and increased academic mobility and opportunities to study in the EU via the Erasmus+ programme, which can contribute, in a real and long-term way, to a change of mentality in Belarus and to the natural transfer of European values to the country and its democratisation;

| (cp) | support Belarusian youth who due to their participation in the nationwide protests will be deprived of education in Belarus, and provide them with scholarships to study at the EU Member States’ educational institutions; |
| --- | --- |

(cp)

support Belarusian youth who due to their participation in the nationwide protests will be deprived of education in Belarus, and provide them with scholarships to study at the EU Member States’ educational institutions;

| (cq) | maintain the financial support of the EU for the European Humanities University (EHU), a Belarusian university in exile in Vilnius; |
| --- | --- |

(cq)

maintain the financial support of the EU for the European Humanities University (EHU), a Belarusian university in exile in Vilnius;

| (cr) | provide scholarships for academics who lost their teaching and research positions over participation in the protests; |
| --- | --- |

(cr)

provide scholarships for academics who lost their teaching and research positions over participation in the protests;

| (cs) | provide urgent humanitarian assistance, including Schengen visas and scholarships, to athletes and their family members who have been deprived of income for their political position and have had to endure acts of physical and psychological repression by the Lukashenka regime; |
| --- | --- |

(cs)

provide urgent humanitarian assistance, including Schengen visas and scholarships, to athletes and their family members who have been deprived of income for their political position and have had to endure acts of physical and psychological repression by the Lukashenka regime;

| (ct) | support educational programmes for the professional reorientation of the Belarusian civil servants who were fired or voluntarily left the civil service; |
| --- | --- |

(ct)

support educational programmes for the professional reorientation of the Belarusian civil servants who were fired or voluntarily left the civil service;

| (cu) | support digitalisation of education in the wake of the COVID-19 outbreak in Belarus; |
| --- | --- |

(cu)

support digitalisation of education in the wake of the COVID-19 outbreak in Belarus;

| (cv) | acknowledge that many voices of ongoing democratic revolution in Belarus are graduates of the EU Member States’ universities or participants in different EU- supported programmes aimed at raising their professional qualifications and enabling professional activities; |
| --- | --- |

(cv)

acknowledge that many voices of ongoing democratic revolution in Belarus are graduates of the EU Member States’ universities or participants in different EU- supported programmes aimed at raising their professional qualifications and enabling professional activities;

| (cw) | encourage the science community of Belarus to increase cooperation with its European counterparts and make full use of Horizon Europe; |
| --- | --- |

(cw)

encourage the science community of Belarus to increase cooperation with its European counterparts and make full use of Horizon Europe;

| (cx) | strengthen democracy support programmes and strategic communication, and support greater outreach to local communities beyond the traditional ‘pro-European’ cohorts; |
| --- | --- |

(cx)

strengthen democracy support programmes and strategic communication, and support greater outreach to local communities beyond the traditional ‘pro-European’ cohorts;

| 2. | Instructs its President to forward this recommendation to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy. |
| --- | --- |

2.

---

(1)  OJ L 181, 9.6.2020, p. 3.

(2)  OJ L 180, 9.6.2020, p. 3.

(3)  OJ C 224, 27.6.2018, p. 135.

(4)  OJ C 298, 23.8.2018, p. 60.

(5)  OJ C 390, 18.11.2019, p. 100.

(6)  OJ C 11, 13.1.2020, p. 18.

(7)  Texts adopted, P9_TA(2020)0231.

(8)  OJ L 134, 20.5.2006, p. 1.

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| 6.10.2021 | EN | Official Journal of the European Union | C 404/240 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/240

---

P9_TA(2020)0281

Recommendation to the VPC/HR and to the Council in preparation of the 10th Non-Proliferation of Nuclear Weapons Treaty (NPT) review process, nuclear arms control and nuclear disarmament options

European Parliament recommendation of 21 October 2020 to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the preparation of the 10th Non-Proliferation of Nuclear Weapons Treaty (NPT) review process, nuclear arms control and nuclear disarmament options (2020/2004(INI))

(2021/C 404/15)

The European Parliament,

| — | having regard to its resolution of 14 February 2019 on the future of the INF Treaty and the impact on the European Union (1), |
| --- | --- |

—

having regard to its resolution of 14 February 2019 on the future of the INF Treaty and the impact on the European Union (1),

| — | having regard to the Council Common Positions of 13 April 2000 relating to the 2000 Review Conference of the Parties to the Treaty on the Non-proliferation of Nuclear Weapons (NPT) (2) and of 25 April 2005 relating to the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (3), |
| --- | --- |

—

having regard to the Council Common Positions of 13 April 2000 relating to the 2000 Review Conference of the Parties to the Treaty on the Non-proliferation of Nuclear Weapons (NPT) (2) and of 25 April 2005 relating to the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (3),

| — | having regard to Council Decision 2010/212/CFSP of 29 March 2010 relating to the position of the European Union for the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (4), |
| --- | --- |

—

having regard to Council Decision 2010/212/CFSP of 29 March 2010 relating to the position of the European Union for the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (4),

| — | having regard to the Council conclusions of 20 April 2015 on the Ninth Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, |
| --- | --- |

—

having regard to the Council conclusions of 20 April 2015 on the Ninth Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,

| — | having regard to the EU Strategy against Proliferation of Weapons of Mass Destruction of 12 December 2003, |
| --- | --- |

—

having regard to the EU Strategy against Proliferation of Weapons of Mass Destruction of 12 December 2003,

| — | having regard to the Council conclusions of 4 February 2019 on Iran, |
| --- | --- |

—

having regard to the Council conclusions of 4 February 2019 on Iran,

| — | having regard to Council Decision (CFSP) 2019/615 of 15 April 2019 on Union support for activities leading up to the 2020 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (5), |
| --- | --- |

—

having regard to Council Decision (CFSP) 2019/615 of 15 April 2019 on Union support for activities leading up to the 2020 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (5),

| — | having regard to Council Decision (CFSP) 2019/938 of 6 June 2019 in support of a process of confidence-building leading to the establishment of a zone free of nuclear weapons and all other weapons of mass destruction in the Middle East (6), |
| --- | --- |

—

having regard to Council Decision (CFSP) 2019/938 of 6 June 2019 in support of a process of confidence-building leading to the establishment of a zone free of nuclear weapons and all other weapons of mass destruction in the Middle East (6),

| — | having regard to the Annual Progress Report on the implementation of the European Union Strategy against the proliferation of weapons of mass destruction (2018), of 14 June 2019, |
| --- | --- |

—

having regard to the Annual Progress Report on the implementation of the European Union Strategy against the proliferation of weapons of mass destruction (2018), of 14 June 2019,

| — | having regard to the obligations under the Nuclear Non-Proliferation Treaty whereby all states parties undertake to pursue nuclear disarmament in good faith and to cease the nuclear arms race, |
| --- | --- |

—

having regard to the obligations under the Nuclear Non-Proliferation Treaty whereby all states parties undertake to pursue nuclear disarmament in good faith and to cease the nuclear arms race,

| — | having regard to the Treaty on the Prohibition of Nuclear Weapons (TPNW), adopted at the United Nations on 7 July 2017 and opened to signature on 20 September 2017, |
| --- | --- |

—

having regard to the Treaty on the Prohibition of Nuclear Weapons (TPNW), adopted at the United Nations on 7 July 2017 and opened to signature on 20 September 2017,

| — | having regard to the communiqué adopted at the 2016 NATO Warsaw summit, |
| --- | --- |

—

having regard to the communiqué adopted at the 2016 NATO Warsaw summit,

| — | having regard to the North Atlantic Council statement of 20 September 2017 on the Treaty on the Prohibition of Nuclear Weapons, |
| --- | --- |

—

having regard to the North Atlantic Council statement of 20 September 2017 on the Treaty on the Prohibition of Nuclear Weapons,

| — | having regard to the NATO Secretary-General’s statement of 2 August 2019 on the Intermediate-Range Nuclear Forces Treaty, |
| --- | --- |

—

having regard to the NATO Secretary-General’s statement of 2 August 2019 on the Intermediate-Range Nuclear Forces Treaty,

| — | having regard to the new START Treaty, signed by the United States and the Russian Federation and in effect since 5 February 2011, |
| --- | --- |

—

having regard to the new START Treaty, signed by the United States and the Russian Federation and in effect since 5 February 2011,

| — | having regard to the final document adopted at the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, |
| --- | --- |

—

having regard to the final document adopted at the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,

| — | having regard to the final document adopted at the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, |
| --- | --- |

—

having regard to the final document adopted at the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,

| — | having regard to the UN Secretary-General’s non-paper of 2018 ‘Securing Our Common Future: An Agenda for Disarmament’, |
| --- | --- |

—

having regard to the UN Secretary-General’s non-paper of 2018 ‘Securing Our Common Future: An Agenda for Disarmament’,

| — | having regard to the working paper ‘Unlocking disarmament diplomacy through a “stepping stone” approach’, submitted by Sweden to the Preparatory Committee for the 10th NPT Review Conference, |
| --- | --- |

—

having regard to the working paper ‘Unlocking disarmament diplomacy through a “stepping stone” approach’, submitted by Sweden to the Preparatory Committee for the 10th NPT Review Conference,

| — | having regard to the working paper ‘Operationalising the Creating an Environment for Nuclear Disarmament (CEND) Initiative’, submitted by the US to the Preparatory Committee for the 10th NPT Review Conference, |
| --- | --- |

—

having regard to the working paper ‘Operationalising the Creating an Environment for Nuclear Disarmament (CEND) Initiative’, submitted by the US to the Preparatory Committee for the 10th NPT Review Conference,

| — | having regard to the working paper ‘The Treaty on the Non-Proliferation of Nuclear Weapons at 50: a brief assessment by the European Union’, submitted by the European Union to the Preparatory Committee for the 10th NPT Review Conference, |
| --- | --- |

—

having regard to the working paper ‘The Treaty on the Non-Proliferation of Nuclear Weapons at 50: a brief assessment by the European Union’, submitted by the European Union to the Preparatory Committee for the 10th NPT Review Conference,

| — | having regard to the working paper ‘Proposals by the Non-Proliferation and Disarmament Initiative to enhance transparency for strengthening the review process for the Treaty on the Non-Proliferation of Nuclear Weapons’, submitted by the members of the Non-Proliferation and Disarmament Initiative (Australia, Canada, Chile, Germany, Japan, Mexico, the Netherlands, Nigeria, the Philippines, Poland, Turkey and the United Arab Emirates) to the Preparatory Committee for the 10th NPT Review Conference, |
| --- | --- |

—

having regard to the working paper ‘Proposals by the Non-Proliferation and Disarmament Initiative to enhance transparency for strengthening the review process for the Treaty on the Non-Proliferation of Nuclear Weapons’, submitted by the members of the Non-Proliferation and Disarmament Initiative (Australia, Canada, Chile, Germany, Japan, Mexico, the Netherlands, Nigeria, the Philippines, Poland, Turkey and the United Arab Emirates) to the Preparatory Committee for the 10th NPT Review Conference,

| — | having regard to the Joint Statement by the Director-General of the International Atomic Energy Agency (IAEA) and the Vice-President of the Islamic Republic of Iran and Head of the Atomic Energy Organization of Iran (AEOI) of 26 August 2020, |
| --- | --- |

—

having regard to the Joint Statement by the Director-General of the International Atomic Energy Agency (IAEA) and the Vice-President of the Islamic Republic of Iran and Head of the Atomic Energy Organization of Iran (AEOI) of 26 August 2020,

| — | having regard to the IAEA reports on the application of safeguards in the Democratic People’s Republic of Korea of 20 August 2018, 19 August 2019 and 3 September 2020, |
| --- | --- |

—

having regard to the IAEA reports on the application of safeguards in the Democratic People’s Republic of Korea of 20 August 2018, 19 August 2019 and 3 September 2020,

| — | having regard to the notice of its decision to withdraw from the Treaty on Open Skies given by the US on 22 May 2020, |
| --- | --- |

—

having regard to the notice of its decision to withdraw from the Treaty on Open Skies given by the US on 22 May 2020,

| — | having regard to Rule 118 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 118 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A9-0020/2020), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A9-0020/2020),

| A. | whereas the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) has undoubtedly been the most important international instrument for regulating the nuclear regime for the last 50 years; whereas it is the cornerstone of global strategic stability and is an irreplaceable bulwark against the risk of proliferation of nuclear weapons; whereas it has contributed significantly to reducing the nuclear arsenal and facilitating the peaceful use of nuclear energy; whereas it is a mature and pragmatic treaty, almost universal and very widely complied with; whereas in 1995 the NPT states parties agreed to extend the treaty indefinitely; whereas, given the failure in 2015 to agree on a substantive outcome document, it is of utmost importance to make the 10th Review Conference a success; |
| --- | --- |

A.

whereas the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) has undoubtedly been the most important international instrument for regulating the nuclear regime for the last 50 years; whereas it is the cornerstone of global strategic stability and is an irreplaceable bulwark against the risk of proliferation of nuclear weapons; whereas it has contributed significantly to reducing the nuclear arsenal and facilitating the peaceful use of nuclear energy; whereas it is a mature and pragmatic treaty, almost universal and very widely complied with; whereas in 1995 the NPT states parties agreed to extend the treaty indefinitely; whereas, given the failure in 2015 to agree on a substantive outcome document, it is of utmost importance to make the 10th Review Conference a success;

| B. | whereas since 1968 the NPT has prompted the abandonment of nuclear weapons by a number of countries, in Europe, Latin America, Africa, Asia and the Pacific; whereas it has enabled the peaceful development of nuclear energy; whereas it has led to drastic reductions in nuclear weapons arsenals over the time since the Cold War; whereas only a few states have developed arsenals outside the NPT; |
| --- | --- |

B.

whereas since 1968 the NPT has prompted the abandonment of nuclear weapons by a number of countries, in Europe, Latin America, Africa, Asia and the Pacific; whereas it has enabled the peaceful development of nuclear energy; whereas it has led to drastic reductions in nuclear weapons arsenals over the time since the Cold War; whereas only a few states have developed arsenals outside the NPT;

| C. | whereas the three pillars of the NPT — non-proliferation, disarmament and peaceful use of nuclear energy — are complementary, mutually reinforcing and inextricably linked; whereas any future progress towards disarmament and the total elimination of nuclear weapons therefore requires the preservation of existing norms against the proliferation of such weapons; whereas the NPT has enabled the setting-up of an international safeguard system; |
| --- | --- |

C.

whereas the three pillars of the NPT — non-proliferation, disarmament and peaceful use of nuclear energy — are complementary, mutually reinforcing and inextricably linked; whereas any future progress towards disarmament and the total elimination of nuclear weapons therefore requires the preservation of existing norms against the proliferation of such weapons; whereas the NPT has enabled the setting-up of an international safeguard system;

| D. | whereas the objective of the NPT’s periodic review conferences is to evaluate the implementation of the NPT and to draw up a roadmap for achieving progress based on a step-by-step approach; whereas the review process represents an opportunity for the states parties to uphold and strengthen the nuclear non-proliferation regime once every five years; |
| --- | --- |

D.

whereas the objective of the NPT’s periodic review conferences is to evaluate the implementation of the NPT and to draw up a roadmap for achieving progress based on a step-by-step approach; whereas the review process represents an opportunity for the states parties to uphold and strengthen the nuclear non-proliferation regime once every five years;

| E. | whereas the 2010 Review Conference reiterated the ultimate goal of strengthening the global non-proliferation regime, with the NPT states recommitting to the basic provisions of the NPT and adopting a 64-point action plan that includes, among other features, specific action plans on non-proliferation, disarmament and peaceful use of nuclear energy, underpinned by concrete and measurable actions to be taken by the states parties to support the three pillars; |
| --- | --- |

E.

whereas the 2010 Review Conference reiterated the ultimate goal of strengthening the global non-proliferation regime, with the NPT states recommitting to the basic provisions of the NPT and adopting a 64-point action plan that includes, among other features, specific action plans on non-proliferation, disarmament and peaceful use of nuclear energy, underpinned by concrete and measurable actions to be taken by the states parties to support the three pillars;

| F. | whereas in the section on nuclear disarmament, the states parties, including recognised nuclear-armed states, for the first time undertook to accelerate real progress on disarmament and ultimately accomplish the total elimination of their nuclear arsenals, deployed or non-deployed; whereas the actions agreed under the non-proliferation pillar cover a wide range of issues, such as reinforcement of safeguards, support to the International Atomic Energy Agency (IAEA), physical protection of nuclear material, conclusion and entry into force of additional protocols, safeguards for nuclear-related exports, transfers of nuclear technology, and nuclear terrorism; |
| --- | --- |

F.

whereas in the section on nuclear disarmament, the states parties, including recognised nuclear-armed states, for the first time undertook to accelerate real progress on disarmament and ultimately accomplish the total elimination of their nuclear arsenals, deployed or non-deployed; whereas the actions agreed under the non-proliferation pillar cover a wide range of issues, such as reinforcement of safeguards, support to the International Atomic Energy Agency (IAEA), physical protection of nuclear material, conclusion and entry into force of additional protocols, safeguards for nuclear-related exports, transfers of nuclear technology, and nuclear terrorism;

| G. | whereas the principle of transparency is an indispensable element of nuclear disarmament as it helps to provide clarity on existing arsenals and underpins the verification process; whereas transparency helps to build trust and confidence and establish a common basis for dialogue as a precondition for reducing and ultimately eliminating nuclear weapons; whereas reports to the IAEA Board of Governors are an important tool in providing transparency as regards the fulfilment of the non-proliferation obligations by non-nuclear weapon states; |
| --- | --- |

G.

whereas the principle of transparency is an indispensable element of nuclear disarmament as it helps to provide clarity on existing arsenals and underpins the verification process; whereas transparency helps to build trust and confidence and establish a common basis for dialogue as a precondition for reducing and ultimately eliminating nuclear weapons; whereas reports to the IAEA Board of Governors are an important tool in providing transparency as regards the fulfilment of the non-proliferation obligations by non-nuclear weapon states;

| H. | whereas the NPT’s provisions uphold the right of states to use nuclear energy for peaceful purposes, and to participate in the exchange of equipment, materials and scientific and technological information on the peaceful use of nuclear energy, while giving preferential treatment to non-nuclear weapon states and taking due account of the needs of developing countries; |
| --- | --- |

H.

whereas the NPT’s provisions uphold the right of states to use nuclear energy for peaceful purposes, and to participate in the exchange of equipment, materials and scientific and technological information on the peaceful use of nuclear energy, while giving preferential treatment to non-nuclear weapon states and taking due account of the needs of developing countries;

| I. | whereas the norm against testing supports both the non-proliferation pillar and the disarmament pillar, thereby also helping to prevent potential nuclear-armed states from seeking to develop and acquire nuclear weapons; whereas the states parties are committed to refraining from any kind of nuclear explosion and from using new nuclear weapons technologies, pending the entry into force of the Comprehensive Nuclear Test Ban Treaty (CTBT); whereas all nuclear-armed states undertook to ratify the CTBT without delay; whereas all also agreed that negotiations for a treaty banning the production of fissile material for use in nuclear weapons should be launched without further delay; |
| --- | --- |

I.

whereas the norm against testing supports both the non-proliferation pillar and the disarmament pillar, thereby also helping to prevent potential nuclear-armed states from seeking to develop and acquire nuclear weapons; whereas the states parties are committed to refraining from any kind of nuclear explosion and from using new nuclear weapons technologies, pending the entry into force of the Comprehensive Nuclear Test Ban Treaty (CTBT); whereas all nuclear-armed states undertook to ratify the CTBT without delay; whereas all also agreed that negotiations for a treaty banning the production of fissile material for use in nuclear weapons should be launched without further delay;

| J. | whereas the NPT has laid the foundation for establishing nuclear-free zones around the world; whereas the establishment of a Middle East Nuclear-Weapon-Free Zone (MENWFZ) is one of the EU’s long-standing goals; whereas the EU has recently earmarked a budget for activities aimed at fostering inclusive dialogue among experts and policymakers with the purpose of advancing the commitment to establish a Weapons of Mass Destruction-Free Zone (WMDFZ) in the Middle East; |
| --- | --- |

J.

whereas the NPT has laid the foundation for establishing nuclear-free zones around the world; whereas the establishment of a Middle East Nuclear-Weapon-Free Zone (MENWFZ) is one of the EU’s long-standing goals; whereas the EU has recently earmarked a budget for activities aimed at fostering inclusive dialogue among experts and policymakers with the purpose of advancing the commitment to establish a Weapons of Mass Destruction-Free Zone (WMDFZ) in the Middle East;

| K. | whereas in the political declaration adopted, with the abstention of the 28 Member States of the EU, at the first session of the Conference on the Establishment of a Middle East Zone Free of Nuclear Weapons and all other Weapons of Mass Destruction (WMD) held in New York in November 2019, the remaining participants undertook to pursue the drafting of a legally binding treaty to establish a Middle East zone free of nuclear weapons and other WMD; |
| --- | --- |

K.

whereas in the political declaration adopted, with the abstention of the 28 Member States of the EU, at the first session of the Conference on the Establishment of a Middle East Zone Free of Nuclear Weapons and all other Weapons of Mass Destruction (WMD) held in New York in November 2019, the remaining participants undertook to pursue the drafting of a legally binding treaty to establish a Middle East zone free of nuclear weapons and other WMD;

| L. | whereas since the NPT entered into force in 1970, half of the review conferences have failed to achieve consensus on a substantive final declaration, the last final declaration having been adopted at the 2010 Review Conference; |
| --- | --- |

L.

whereas since the NPT entered into force in 1970, half of the review conferences have failed to achieve consensus on a substantive final declaration, the last final declaration having been adopted at the 2010 Review Conference;

| M. | whereas the 10th Review Conference will take place in a particularly challenging international security context, owing to the lack of progress in the denuclearisation of the Korean peninsula, the withdrawal of the US from the Joint Comprehensive Plan of Action (JCPOA) with Iran, Iran’s alleged violations and the formal complaints in response by France, the UK and Germany triggering the JCPOA dispute settlement mechanism, the collapse of the INF Treaty, and the stalemate in negotiations for the extension of the new START Treaty between Russia and the US; whereas the current degree of disagreement and division among the 191 nuclear-armed and non-armed NPT states parties over the best approach to reducing and eliminating nuclear weapons will add a further challenge to the debate; |
| --- | --- |

M.

whereas the 10th Review Conference will take place in a particularly challenging international security context, owing to the lack of progress in the denuclearisation of the Korean peninsula, the withdrawal of the US from the Joint Comprehensive Plan of Action (JCPOA) with Iran, Iran’s alleged violations and the formal complaints in response by France, the UK and Germany triggering the JCPOA dispute settlement mechanism, the collapse of the INF Treaty, and the stalemate in negotiations for the extension of the new START Treaty between Russia and the US; whereas the current degree of disagreement and division among the 191 nuclear-armed and non-armed NPT states parties over the best approach to reducing and eliminating nuclear weapons will add a further challenge to the debate;

| N. | whereas several nuclear-armed states are planning to modernise or are currently modernising their nuclear weapons or their means of delivery, and whereas some of them are lowering the thresholds for their use in their national military doctrines; |
| --- | --- |

N.

whereas several nuclear-armed states are planning to modernise or are currently modernising their nuclear weapons or their means of delivery, and whereas some of them are lowering the thresholds for their use in their national military doctrines;

| O. | whereas the 1994 Budapest Memorandum, signed by Ukraine, Russia, the United States and the United Kingdom, provided security guarantees against threats or use of force against the territorial integrity or political independence of Ukraine, in exchange for the relinquishment of its nuclear arsenal and its accession to the NPT; whereas Russia’s total failure to honour the security guarantees provided for Ukraine by the Budapest Memorandum and its disregard for international law have had a corrosive effect on the climate as regards nuclear disarmament and non-proliferation talks; |
| --- | --- |

O.

whereas the 1994 Budapest Memorandum, signed by Ukraine, Russia, the United States and the United Kingdom, provided security guarantees against threats or use of force against the territorial integrity or political independence of Ukraine, in exchange for the relinquishment of its nuclear arsenal and its accession to the NPT; whereas Russia’s total failure to honour the security guarantees provided for Ukraine by the Budapest Memorandum and its disregard for international law have had a corrosive effect on the climate as regards nuclear disarmament and non-proliferation talks;

| P. | whereas the worsening of the global security environment is further exacerbated by growing mistrust between nations, and the modernisation of arsenals has been advanced by new technologies that increase global security risks, in particular in relation to possible cyberattacks against nuclear weapons, their command, control and early warning systems, as well as by an increasing role for nuclear weapons in national policies, strategies and doctrines, leading to the risk of a new global nuclear arms race; whereas a growing number of countries are pursuing nuclear weapons that allow for battlefield use; |
| --- | --- |

P.

whereas the worsening of the global security environment is further exacerbated by growing mistrust between nations, and the modernisation of arsenals has been advanced by new technologies that increase global security risks, in particular in relation to possible cyberattacks against nuclear weapons, their command, control and early warning systems, as well as by an increasing role for nuclear weapons in national policies, strategies and doctrines, leading to the risk of a new global nuclear arms race; whereas a growing number of countries are pursuing nuclear weapons that allow for battlefield use;

| Q. | whereas there is a significant risk that major military powers will no longer tend to resort to arms control and disarmament to ease international tensions and improve the global security environment, ultimately once again assigning nuclear weapons pride of place on strategic balance sheets and thus leading to an increase in nuclear risks worldwide; |
| --- | --- |

Q.

whereas there is a significant risk that major military powers will no longer tend to resort to arms control and disarmament to ease international tensions and improve the global security environment, ultimately once again assigning nuclear weapons pride of place on strategic balance sheets and thus leading to an increase in nuclear risks worldwide;

| R. | whereas the global nuclear arsenal accounts for nearly 14 000 nuclear warheads and the US and Russia possess over 90 % of that arsenal; whereas even a limited use of nuclear weapons would have disastrous humanitarian consequences, with no state or international organisation having the capacity to address the immediate consequences of such an attack and provide adequate assistance to the victims; |
| --- | --- |

R.

whereas the global nuclear arsenal accounts for nearly 14 000 nuclear warheads and the US and Russia possess over 90 % of that arsenal; whereas even a limited use of nuclear weapons would have disastrous humanitarian consequences, with no state or international organisation having the capacity to address the immediate consequences of such an attack and provide adequate assistance to the victims;

| S. | whereas the extension of the bilateral US-Russian Federation new START Treaty, whose prime objective must be to continue to reduce in a verifiable manner the nuclear weapons stockpiles established as a result of the arms race during the Cold War, and which limits the number of strategic nuclear warheads deployed on either side to 1 550 until its expiration in February 2021, would be a key element in preserving strategic stability and containing a new arms race; |
| --- | --- |

S.

whereas the extension of the bilateral US-Russian Federation new START Treaty, whose prime objective must be to continue to reduce in a verifiable manner the nuclear weapons stockpiles established as a result of the arms race during the Cold War, and which limits the number of strategic nuclear warheads deployed on either side to 1 550 until its expiration in February 2021, would be a key element in preserving strategic stability and containing a new arms race;

| T. | whereas the US has announced its withdrawal from the Treaty on Open Skies, which is to take effect on 22 November 2020; whereas the Treaty on Open Skies has been a major arms control instrument which has contributed to trust-building; |
| --- | --- |

T.

whereas the US has announced its withdrawal from the Treaty on Open Skies, which is to take effect on 22 November 2020; whereas the Treaty on Open Skies has been a major arms control instrument which has contributed to trust-building;

| U. | whereas NATO has expressed its strong support for the full implementation of the NPT, and has committed itself to creating conditions for a world without nuclear weapons in full accordance with the NPT provisions, on the basis of a step-by-step approach; |
| --- | --- |

U.

whereas NATO has expressed its strong support for the full implementation of the NPT, and has committed itself to creating conditions for a world without nuclear weapons in full accordance with the NPT provisions, on the basis of a step-by-step approach;

| V. | whereas the US-led initiative ‘Creating an Environment for Nuclear Disarmament’ (CEND), laying down tasks that need to be accomplished to create conditions for disarmament, aims at moving beyond the traditional step-by-step approach in order to address the current deterioration of the security environment; |
| --- | --- |

V.

whereas the US-led initiative ‘Creating an Environment for Nuclear Disarmament’ (CEND), laying down tasks that need to be accomplished to create conditions for disarmament, aims at moving beyond the traditional step-by-step approach in order to address the current deterioration of the security environment;

| W. | whereas the ‘stepping-stone’ approach, presented by Sweden, introduces incremental, more easily achievable steps in four main areas aimed at building habits of cooperation, reducing the salience of nuclear weapons, enhancing transparency and reducing nuclear risks, which would allow the existing disarmament objectives to be fulfilled; |
| --- | --- |

W.

whereas the ‘stepping-stone’ approach, presented by Sweden, introduces incremental, more easily achievable steps in four main areas aimed at building habits of cooperation, reducing the salience of nuclear weapons, enhancing transparency and reducing nuclear risks, which would allow the existing disarmament objectives to be fulfilled;

| X. | whereas cyberattack methods such as data manipulation, digital jamming and cyberspoofing could jeopardise the integrity of communications, leading to increased uncertainty in decision-making; whereas in times of crisis such cyberattacks on nuclear weapons systems could lead to escalation, including inadvertent nuclear launches; |
| --- | --- |

X.

whereas cyberattack methods such as data manipulation, digital jamming and cyberspoofing could jeopardise the integrity of communications, leading to increased uncertainty in decision-making; whereas in times of crisis such cyberattacks on nuclear weapons systems could lead to escalation, including inadvertent nuclear launches;

| Y. | whereas multilateral dialogue and diplomacy have proven to be effective tools in preventing a proliferation crisis and an escalation of conflicts, as demonstrated by the JCPOA, which is considered a historic accomplishment and a key contribution to the global non-proliferation regime; |
| --- | --- |

Y.

whereas multilateral dialogue and diplomacy have proven to be effective tools in preventing a proliferation crisis and an escalation of conflicts, as demonstrated by the JCPOA, which is considered a historic accomplishment and a key contribution to the global non-proliferation regime;

| Z. | whereas, as regards weapons of mass destruction, the status of the Democratic People’s Republic of Korea (DPRK), which withdrew in 2003 from the Treaty and acquired the ability to manufacture nuclear weapons despite strong international sanctions, remains unchanged; whereas, according to the IAEA Annual Reports for 2018 and 2019, Pyongyang has continued its nuclear activities; whereas signs of activity from the DPRK’s nuclear sites were reported throughout 2020; whereas the DPRK allegedly conducted a ground test of a large liquid-propellant rocket engine on 7 December 2019; whereas on 1 January 2020 the DPRK announced its intent to rescind the moratorium on intercontinental ballistic missile (ICBM) launches and nuclear testing; whereas the prospects for concrete steps towards denuclearisation of the region in the short term are slim; whereas North Korea still represents a nuclear and ballistic threat to the region and the world; |
| --- | --- |

Z.

whereas, as regards weapons of mass destruction, the status of the Democratic People’s Republic of Korea (DPRK), which withdrew in 2003 from the Treaty and acquired the ability to manufacture nuclear weapons despite strong international sanctions, remains unchanged; whereas, according to the IAEA Annual Reports for 2018 and 2019, Pyongyang has continued its nuclear activities; whereas signs of activity from the DPRK’s nuclear sites were reported throughout 2020; whereas the DPRK allegedly conducted a ground test of a large liquid-propellant rocket engine on 7 December 2019; whereas on 1 January 2020 the DPRK announced its intent to rescind the moratorium on intercontinental ballistic missile (ICBM) launches and nuclear testing; whereas the prospects for concrete steps towards denuclearisation of the region in the short term are slim; whereas North Korea still represents a nuclear and ballistic threat to the region and the world;

| AA. | whereas inside the Arctic Circle, the number of nuclear-powered vessels has increased sharply over the last decade; whereas the presence of radiological and nuclear material in the Arctic poses a risk of serious incidents or accidents; |
| --- | --- |

AA.

whereas inside the Arctic Circle, the number of nuclear-powered vessels has increased sharply over the last decade; whereas the presence of radiological and nuclear material in the Arctic poses a risk of serious incidents or accidents;

| AB. | whereas the 2020 NPT Review Conference, initially scheduled to take place from 27 April to 22 May 2020, had to be postponed due to the coronavirus pandemic; |
| --- | --- |

AB.

whereas the 2020 NPT Review Conference, initially scheduled to take place from 27 April to 22 May 2020, had to be postponed due to the coronavirus pandemic;

| 1. | Recommends that the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy:






  (a) | reiterate that effective multilateralism and a rules-based international order are a precondition for countering the proliferation of nuclear weapons and for advancing nuclear disarmament; reaffirm that the NPT is a cornerstone of the nuclear non-proliferation and disarmament regime, a vital bulwark against the risk of nuclear proliferation, and an irreplaceable framework for maintaining and strengthening peace and security worldwide; |
| --- | --- | --- |

1.

(a)

reiterate that effective multilateralism and a rules-based international order are a precondition for countering the proliferation of nuclear weapons and for advancing nuclear disarmament; reaffirm that the NPT is a cornerstone of the nuclear non-proliferation and disarmament regime, a vital bulwark against the risk of nuclear proliferation, and an irreplaceable framework for maintaining and strengthening peace and security worldwide;

| (b) | reaffirm the full support of the EU and its Member States for the NPT and its three mutually reinforcing pillars of non-proliferation, disarmament and peaceful use of nuclear energy, and confirm the validity of the previous step-by-step approach based on commitments made during past review processes, in particular in 1995, 2000 and 2010; stress that a balanced approach between the three pillars is essential for a positive outcome of the 10th Review Conference, and for the adoption of concrete, effective and consensual measures that would allow previous commitments to be built on; stress the important role of the EU in facilitating peace-oriented policies and promoting international stability; |
| --- | --- |

(b)

reaffirm the full support of the EU and its Member States for the NPT and its three mutually reinforcing pillars of non-proliferation, disarmament and peaceful use of nuclear energy, and confirm the validity of the previous step-by-step approach based on commitments made during past review processes, in particular in 1995, 2000 and 2010; stress that a balanced approach between the three pillars is essential for a positive outcome of the 10th Review Conference, and for the adoption of concrete, effective and consensual measures that would allow previous commitments to be built on; stress the important role of the EU in facilitating peace-oriented policies and promoting international stability;

| (c) | ensure without delay the adoption of a Council decision formalising the common position of the EU as regards the NPT Review Conference; |
| --- | --- |

(c)

ensure without delay the adoption of a Council decision formalising the common position of the EU as regards the NPT Review Conference;

| (d) | emphasise that the NPT has been indispensable for peace and security in the world for five decades; |
| --- | --- |

(d)

emphasise that the NPT has been indispensable for peace and security in the world for five decades;

| (e) | continue providing support to the activities leading up to the 10th NPT Review Conference, through a financial contribution of EUR 1,3 million to outreach activities comprising three thematic seminars covering disarmament, non-proliferation and peaceful use of nuclear energy pillars, four regional meetings, and two side events; continue to uphold the main goals of the EU activities, in particular as regards trust and confidence-building, raising awareness of the obstacles and potential areas of convergence, and developing input for a roadmap for a successful outcome of the 10th review process; |
| --- | --- |

(e)

continue providing support to the activities leading up to the 10th NPT Review Conference, through a financial contribution of EUR 1,3 million to outreach activities comprising three thematic seminars covering disarmament, non-proliferation and peaceful use of nuclear energy pillars, four regional meetings, and two side events; continue to uphold the main goals of the EU activities, in particular as regards trust and confidence-building, raising awareness of the obstacles and potential areas of convergence, and developing input for a roadmap for a successful outcome of the 10th review process;

| (f) | continue emphasising that any further deepening of divergences among states would lead to a progressive discrediting of the NPT as a reliable global legal instrument and to an erosion of the global disarmament regime, thereby raising the risk of further global nuclear arms proliferation; warn states parties that, owing to the lack of consensus both at the 2015 Review Conference and in the preparatory committees, the future of the NPT can no longer be taken for granted without clear commitment by the states parties; |
| --- | --- |

(f)

continue emphasising that any further deepening of divergences among states would lead to a progressive discrediting of the NPT as a reliable global legal instrument and to an erosion of the global disarmament regime, thereby raising the risk of further global nuclear arms proliferation; warn states parties that, owing to the lack of consensus both at the 2015 Review Conference and in the preparatory committees, the future of the NPT can no longer be taken for granted without clear commitment by the states parties;

| (g) | remind the states parties that the 50th anniversary of the NPT, coinciding with the 10th Review Conference, could provide the momentum for engaging in a sincere and results-oriented dialogue in order to restore mutual trust and confidence, the aim being to enlarge areas of overlap and identify common ground in order to make headway with discussions and the ultimate goal being the adoption of an agreed document recognising nuclear disarmament and the total elimination of nuclear weapons, as a common objective in line with Article VI of the NPT; |
| --- | --- |

(g)

remind the states parties that the 50th anniversary of the NPT, coinciding with the 10th Review Conference, could provide the momentum for engaging in a sincere and results-oriented dialogue in order to restore mutual trust and confidence, the aim being to enlarge areas of overlap and identify common ground in order to make headway with discussions and the ultimate goal being the adoption of an agreed document recognising nuclear disarmament and the total elimination of nuclear weapons, as a common objective in line with Article VI of the NPT;

| (h) | call for strong political leadership to support the NPT review conference; convey a message to the NPT states parties that the participation of the heads of state and government at the conference would show the importance the states attach to the NPT and to the review process; call on the representatives of the states parties to use the opportunity of the 10th Review Conference to reaffirm that ‘nuclear war cannot be won and must never be fought’; |
| --- | --- |

(h)

call for strong political leadership to support the NPT review conference; convey a message to the NPT states parties that the participation of the heads of state and government at the conference would show the importance the states attach to the NPT and to the review process; call on the representatives of the states parties to use the opportunity of the 10th Review Conference to reaffirm that ‘nuclear war cannot be won and must never be fought’;

| (i) | Stresses that the selective application of the Treaty or non-compliance with NPT memoranda by some of the states parties undermine trust in the whole NPT system; calls on all signatories to the NPT to ensure compliance with the commitments that they signed up to; |
| --- | --- |

(i)

Stresses that the selective application of the Treaty or non-compliance with NPT memoranda by some of the states parties undermine trust in the whole NPT system; calls on all signatories to the NPT to ensure compliance with the commitments that they signed up to;

| (j) | welcome the fact that for 72 years nuclear weapons have not been used; warn the NPT states parties that any expansion of the situations in which nuclear weapons could be used could seriously jeopardise global strategic stability and the practice of non-use; |
| --- | --- |

(j)

welcome the fact that for 72 years nuclear weapons have not been used; warn the NPT states parties that any expansion of the situations in which nuclear weapons could be used could seriously jeopardise global strategic stability and the practice of non-use;

| (k) | call on all states, as regards nuclear arms and related delivery technologies, to recognise control, disarmament and non-proliferation regimes as crucial tools in confidence-building and in substantially contributing to reversing the deterioration of the international security environment, thereby preventing major inter-state war and preserving peace and security; |
| --- | --- |

(k)

call on all states, as regards nuclear arms and related delivery technologies, to recognise control, disarmament and non-proliferation regimes as crucial tools in confidence-building and in substantially contributing to reversing the deterioration of the international security environment, thereby preventing major inter-state war and preserving peace and security;

| (l) | stress that effective nuclear disarmament verification is essential for achieving a world without nuclear weapons; pursue and intensify efforts, including in cooperation with international and regional organisations and civil society, to address verification challenges with respect to safety, security and non-proliferation requirements; reaffirm that only a realistic arms limitation and confidence-building process will contribute to strategic stability and shared security; |
| --- | --- |

(l)

stress that effective nuclear disarmament verification is essential for achieving a world without nuclear weapons; pursue and intensify efforts, including in cooperation with international and regional organisations and civil society, to address verification challenges with respect to safety, security and non-proliferation requirements; reaffirm that only a realistic arms limitation and confidence-building process will contribute to strategic stability and shared security;

| (m) | urge the states parties to do their utmost to achieve further progress in arms control and nuclear disarmament processes, in particular through an overall reduction in the global stockpile of nuclear weapons, and to ensure that the trend of nuclear arsenal reduction since the peak of nuclear weapons in 1986 is not reversed; convey a message that the NPT should be used as a platform for all diplomatic efforts in this regard; |
| --- | --- |

(m)

urge the states parties to do their utmost to achieve further progress in arms control and nuclear disarmament processes, in particular through an overall reduction in the global stockpile of nuclear weapons, and to ensure that the trend of nuclear arsenal reduction since the peak of nuclear weapons in 1986 is not reversed; convey a message that the NPT should be used as a platform for all diplomatic efforts in this regard;

| (n) | urge the US and Russia to enhance mutual trust and confidence with a view to resuming a dialogue on possible ways to build a new arms control relationship; stress that a clear commitment by Russia and the US, ahead of the 10th NPT Review Conference, to extend the new START Treaty before February 2021 would be an important contribution to the review conference; strongly encourages both parties to negotiate a new instrument that would encompass both deployed and non-deployed, as well as strategic and non-strategic weapons, and would include China, in light of its massive missile build-up; express concern regarding Russia's recent deployment of Avangard hypersonic glide vehicles in the Orenburg region; remind Russia that all deployed Avangard hypersonic glide vehicles will be subject to the new START Treaty’s overall 1 550 warhead limit and associated verification provisions; |
| --- | --- |

(n)

urge the US and Russia to enhance mutual trust and confidence with a view to resuming a dialogue on possible ways to build a new arms control relationship; stress that a clear commitment by Russia and the US, ahead of the 10th NPT Review Conference, to extend the new START Treaty before February 2021 would be an important contribution to the review conference; strongly encourages both parties to negotiate a new instrument that would encompass both deployed and non-deployed, as well as strategic and non-strategic weapons, and would include China, in light of its massive missile build-up; express concern regarding Russia's recent deployment of Avangard hypersonic glide vehicles in the Orenburg region; remind Russia that all deployed Avangard hypersonic glide vehicles will be subject to the new START Treaty’s overall 1 550 warhead limit and associated verification provisions;

| (o) | reiterate the EU’s deep regret in connection with the recent collapse of the INF Treaty due to Russia's deployment of the SSC-8 missile system, which is nuclear-capable, mobile and hard to detect, and lowers the threshold for the use of nuclear weapons in armed conflict, while stressing the significant negative impact of this on European security and on the strategic nuclear arms control architecture; call on both signatories to the INF Treaty to resume dialogue on possible ways to put in place a new legally binding instrument for short- and medium-range missiles; support efforts to multilateralise such an instrument to all other countries owning weapons of this kind, including China; |
| --- | --- |

(o)

reiterate the EU’s deep regret in connection with the recent collapse of the INF Treaty due to Russia's deployment of the SSC-8 missile system, which is nuclear-capable, mobile and hard to detect, and lowers the threshold for the use of nuclear weapons in armed conflict, while stressing the significant negative impact of this on European security and on the strategic nuclear arms control architecture; call on both signatories to the INF Treaty to resume dialogue on possible ways to put in place a new legally binding instrument for short- and medium-range missiles; support efforts to multilateralise such an instrument to all other countries owning weapons of this kind, including China;

| (p) | express alarm at the demise of the INF Treaty, also in view of the fact that medium-range missiles are particularly liable to increase the risks of nuclear escalation on the European continent; |
| --- | --- |

(p)

express alarm at the demise of the INF Treaty, also in view of the fact that medium-range missiles are particularly liable to increase the risks of nuclear escalation on the European continent;

| (q) | encourage talks about the possibility of a multilateral ballistic missile treaty that goes beyond the INF Treaty between the US and Russia to include other parties; |
| --- | --- |

(q)

encourage talks about the possibility of a multilateral ballistic missile treaty that goes beyond the INF Treaty between the US and Russia to include other parties;

| (r) | call on the US and Russia to each make available, to all other parties to the NPT and to the UN Security Council, a declaration in which they set out the steps they are taking after their withdrawal from the INF Treaty to ensure compliance with their obligations under Article VI of the NPT; take the necessary steps to that end on behalf of the Union; |
| --- | --- |

(r)

call on the US and Russia to each make available, to all other parties to the NPT and to the UN Security Council, a declaration in which they set out the steps they are taking after their withdrawal from the INF Treaty to ensure compliance with their obligations under Article VI of the NPT; take the necessary steps to that end on behalf of the Union;

| (s) | call on Russia to abide by its commitment enshrined in the Budapest Memorandum and to respect the security guarantees offered to Ukraine; |
| --- | --- |

(s)

call on Russia to abide by its commitment enshrined in the Budapest Memorandum and to respect the security guarantees offered to Ukraine;

| (t) | consider the withdrawal from or the collapse of nuclear arms control regimes a dangerous precedent for the NPT; bear in mind that parties to the NPT could consider such events as a threat to their national security, and that the consequences thereof could destabilise the NPT as a whole; |
| --- | --- |

(t)

consider the withdrawal from or the collapse of nuclear arms control regimes a dangerous precedent for the NPT; bear in mind that parties to the NPT could consider such events as a threat to their national security, and that the consequences thereof could destabilise the NPT as a whole;

| (u) | make these concerns heard at the 10th NPT Review Conference; take the necessary diplomatic and political steps to remove the direct threat posed by intermediate-range nuclear weapons to the European Union and its Member States; |
| --- | --- |

(u)

make these concerns heard at the 10th NPT Review Conference; take the necessary diplomatic and political steps to remove the direct threat posed by intermediate-range nuclear weapons to the European Union and its Member States;

| (v) | highlight the contribution made by the NATO states in fulfilling their commitments under the NPT as regards reducing the stock of nuclear weapons by 95 % since the end of the Cold War, detargeting them, reducing their alert status and downgrading their role in defence; call on NATO and the other NPT signatory states to pursue their efforts in further reducing nuclear weapons in full compliance with the NPT, on the basis of the step-by-step approach that promotes international stability and security; |
| --- | --- |

(v)

highlight the contribution made by the NATO states in fulfilling their commitments under the NPT as regards reducing the stock of nuclear weapons by 95 % since the end of the Cold War, detargeting them, reducing their alert status and downgrading their role in defence; call on NATO and the other NPT signatory states to pursue their efforts in further reducing nuclear weapons in full compliance with the NPT, on the basis of the step-by-step approach that promotes international stability and security;

| (w) | note that the adoption of the TPNW by 122 countries, with it now having being signed by 84 states and ratified by 47, is evidence of the desire to achieve the objective of a nuclear weapons-free world; stress that nuclear disarmament cannot be separated from collective security and can only be achieved by taking the strategic context into account, and that it must be part of a gradual process guaranteeing the undiminished security of all while preventing any new arms race; recall that, as a means of preventing the quantitative development of nuclear weapons arsenals, the Fissile Material Cutoff Treaty is a vital and irreplaceable step towards a world free of nuclear weapons; |
| --- | --- |

(w)

note that the adoption of the TPNW by 122 countries, with it now having being signed by 84 states and ratified by 47, is evidence of the desire to achieve the objective of a nuclear weapons-free world; stress that nuclear disarmament cannot be separated from collective security and can only be achieved by taking the strategic context into account, and that it must be part of a gradual process guaranteeing the undiminished security of all while preventing any new arms race; recall that, as a means of preventing the quantitative development of nuclear weapons arsenals, the Fissile Material Cutoff Treaty is a vital and irreplaceable step towards a world free of nuclear weapons;

| (x) | confirm the right of the NPT parties to the peaceful use of nuclear energy to meet their long-term energy requirements, in conformity with the NPT provisions; work with countries wishing to develop capacities in this area towards a responsible use of nuclear energy solely for peaceful purposes, provided all safety, security and non-proliferation conditions are met; consider appropriate measures in cases where such countries fail to cooperate and comply with all safety, security and non-proliferation conditions; provide help while making it obligatory for countries wishing to develop capacities in the peaceful use of nuclear energy to develop a strong nuclear safety culture, and recognise the role and value of the IAEA and its safeguards system in implementing the NPT and in strengthening the nuclear security framework; |
| --- | --- |

(x)

confirm the right of the NPT parties to the peaceful use of nuclear energy to meet their long-term energy requirements, in conformity with the NPT provisions; work with countries wishing to develop capacities in this area towards a responsible use of nuclear energy solely for peaceful purposes, provided all safety, security and non-proliferation conditions are met; consider appropriate measures in cases where such countries fail to cooperate and comply with all safety, security and non-proliferation conditions; provide help while making it obligatory for countries wishing to develop capacities in the peaceful use of nuclear energy to develop a strong nuclear safety culture, and recognise the role and value of the IAEA and its safeguards system in implementing the NPT and in strengthening the nuclear security framework;

| (y) | limit the transfer of proliferation-relevant nuclear technology to NPT states parties which have concluded and are implementing IAEA full scope safeguards, thus supporting the decision by the 1995 NPT Review Conference that new supply arrangements for the transfer of sensitive nuclear technology should require, as a necessary precondition, acceptance of the IAEA full-scope safeguards and internationally legally binding commitments not to acquire nuclear weapons or other nuclear explosive devices; |
| --- | --- |

(y)

limit the transfer of proliferation-relevant nuclear technology to NPT states parties which have concluded and are implementing IAEA full scope safeguards, thus supporting the decision by the 1995 NPT Review Conference that new supply arrangements for the transfer of sensitive nuclear technology should require, as a necessary precondition, acceptance of the IAEA full-scope safeguards and internationally legally binding commitments not to acquire nuclear weapons or other nuclear explosive devices;

| (z) | continue its efforts to establish a zone free of nuclear weapons and all other weapons of mass destruction in the Middle East in line with the 1995 resolution; pursue the initiatives to promote confidence-building through actions aimed at fostering inclusive dialogue among experts and policymakers, supported by a financial envelope of EUR 2,86 million for the implementation of the projects; |
| --- | --- |

(z)

continue its efforts to establish a zone free of nuclear weapons and all other weapons of mass destruction in the Middle East in line with the 1995 resolution; pursue the initiatives to promote confidence-building through actions aimed at fostering inclusive dialogue among experts and policymakers, supported by a financial envelope of EUR 2,86 million for the implementation of the projects;

| (aa) | support the regional approach as one of the important avenues for the promotion of disarmament and non-proliferation; take into account the outcome of the first session of the Conference on the Establishment of a Middle East Nuclear-Weapon-Free Zone; encourage all participating states to do their utmost to advance in this endeavour at the second session of the Conference; |
| --- | --- |

(aa)

support the regional approach as one of the important avenues for the promotion of disarmament and non-proliferation; take into account the outcome of the first session of the Conference on the Establishment of a Middle East Nuclear-Weapon-Free Zone; encourage all participating states to do their utmost to advance in this endeavour at the second session of the Conference;

| (ab) | uphold the ‘stepping-stone approach’ proposal put forward by Sweden with the aim of building political support for pragmatic, short-term and achievable commitments to the global disarmament regime, the overall goals of which are to rebuild trust and confidence, support measures focused on reducing the salience of nuclear weapons, enhance habits of cooperation among states, reduce nuclear risks and enhance transparency, as intermediate steps towards facilitating the fulfilment of existing obligations by states parties; |
| --- | --- |

(ab)

uphold the ‘stepping-stone approach’ proposal put forward by Sweden with the aim of building political support for pragmatic, short-term and achievable commitments to the global disarmament regime, the overall goals of which are to rebuild trust and confidence, support measures focused on reducing the salience of nuclear weapons, enhance habits of cooperation among states, reduce nuclear risks and enhance transparency, as intermediate steps towards facilitating the fulfilment of existing obligations by states parties;

| (ac) | call on the states parties to develop and put in place measures aimed at mitigating the risks of using nuclear weapons, be it intentionally or accidentally; measures could include improving communication channels and protocols, cybersecurity, and creating a clear distinction between conventional and nuclear assets, as well as improving resilience to hybrid threats and cyberattacks and extending decision time in a crisis; |
| --- | --- |

(ac)

call on the states parties to develop and put in place measures aimed at mitigating the risks of using nuclear weapons, be it intentionally or accidentally; measures could include improving communication channels and protocols, cybersecurity, and creating a clear distinction between conventional and nuclear assets, as well as improving resilience to hybrid threats and cyberattacks and extending decision time in a crisis;

| (ad) | support the commitment to enhance transparency by the nuclear weapon states in line with the 13 steps on disarmament adopted at the 2000 NPT Review Conference; recall that further improving the reporting mechanism by systematising the nuclear weapon states’ reporting frameworks would contribute to achieving the same level of transparency among those states; pay, in this context, special attention to the proposals of the Non-Proliferation and Disarmament Initiative proposals for enhancing transparency so as to strengthen the review process of the NPT; |
| --- | --- |

(ad)

support the commitment to enhance transparency by the nuclear weapon states in line with the 13 steps on disarmament adopted at the 2000 NPT Review Conference; recall that further improving the reporting mechanism by systematising the nuclear weapon states’ reporting frameworks would contribute to achieving the same level of transparency among those states; pay, in this context, special attention to the proposals of the Non-Proliferation and Disarmament Initiative proposals for enhancing transparency so as to strengthen the review process of the NPT;

| (ae) | take note of the ‘Operationalising and creating an environment for nuclear disarmament (CEND)’ proposal put forward by the US to the Preparatory Committee for the 10th Review Conference, aimed at identifying and addressing the factors in the international security environment that hinder further progress in disarmament, and at establishing a more pragmatic approach to disarmament and positively contributing to a successful outcome of the 10th Review Conference; engage in further discussions on the proposal, in the framework of the 2020 Review Conference and beyond; |
| --- | --- |

(ae)

take note of the ‘Operationalising and creating an environment for nuclear disarmament (CEND)’ proposal put forward by the US to the Preparatory Committee for the 10th Review Conference, aimed at identifying and addressing the factors in the international security environment that hinder further progress in disarmament, and at establishing a more pragmatic approach to disarmament and positively contributing to a successful outcome of the 10th Review Conference; engage in further discussions on the proposal, in the framework of the 2020 Review Conference and beyond;

| (af) | call on all states to engage without further delay in discussions on the path towards the launch and completion of one of the outstanding priorities — the treaty banning the production of fissile material for nuclear weapons — as an indispensable means of ruling out the risk of a resumption of the nuclear arms race and a vital step towards the elimination of nuclear weapons; |
| --- | --- |

(af)

call on all states to engage without further delay in discussions on the path towards the launch and completion of one of the outstanding priorities — the treaty banning the production of fissile material for nuclear weapons — as an indispensable means of ruling out the risk of a resumption of the nuclear arms race and a vital step towards the elimination of nuclear weapons;

| (ag) | ensure that the EU continues to be a strong supporter of the Comprehensive Nuclear Test Ban Treaty (CTBT) and the Comprehensive Nuclear Test Ban Treaty Organisation (CTBTO); recall also the importance and urgency of achieving the entry into force of the CTBT in order to prevent new weapons from being developed; |
| --- | --- |

(ag)

ensure that the EU continues to be a strong supporter of the Comprehensive Nuclear Test Ban Treaty (CTBT) and the Comprehensive Nuclear Test Ban Treaty Organisation (CTBTO); recall also the importance and urgency of achieving the entry into force of the CTBT in order to prevent new weapons from being developed;

| (ah) | reaffirm the EU’s continuing commitment to the JCPOA as the best possible means for obtaining assurances of an exclusively peaceful use of nuclear energy by Iran, and as a vital tool for enhancing stability and security in the Middle East; continue emphasising the EU’s important role in finding a way forward when it comes to securing the nuclear agreement; reiterate the EU’s regret over the withdrawal by the US from the JCPOA and the reimposition of sanctions; welcome the opposition expressed by France, Germany and the UK (E3) at the United Nations to the US motion to reimpose sanctions on Iran under UNSC resolution 2231, as the US is no longer party to the JCPOA; welcome the Joint Statement of the AEOI and the IAEA of 26 August 2020 on the resolution in good faith of the safeguard implementation issues specified by the IAEA, under which Iran is providing the IAEA with access to the two locations specified by the agency and facilitating the IAEA’s verification activities; recall the crucial role of the IAEA as the sole independent international organisation responsible for the monitoring and verification of nuclear non-proliferation commitments; call on Iran to ensure full compliance with its nuclear-related commitments under the JCPOA and the NPT; |
| --- | --- |

(ah)

reaffirm the EU’s continuing commitment to the JCPOA as the best possible means for obtaining assurances of an exclusively peaceful use of nuclear energy by Iran, and as a vital tool for enhancing stability and security in the Middle East; continue emphasising the EU’s important role in finding a way forward when it comes to securing the nuclear agreement; reiterate the EU’s regret over the withdrawal by the US from the JCPOA and the reimposition of sanctions; welcome the opposition expressed by France, Germany and the UK (E3) at the United Nations to the US motion to reimpose sanctions on Iran under UNSC resolution 2231, as the US is no longer party to the JCPOA; welcome the Joint Statement of the AEOI and the IAEA of 26 August 2020 on the resolution in good faith of the safeguard implementation issues specified by the IAEA, under which Iran is providing the IAEA with access to the two locations specified by the agency and facilitating the IAEA’s verification activities; recall the crucial role of the IAEA as the sole independent international organisation responsible for the monitoring and verification of nuclear non-proliferation commitments; call on Iran to ensure full compliance with its nuclear-related commitments under the JCPOA and the NPT;

| (ai) | regret Iran’s support of violent non-state actors and the development and use of ballistic missile capabilities that destabilise the broader Middle East; |
| --- | --- |

(ai)

regret Iran’s support of violent non-state actors and the development and use of ballistic missile capabilities that destabilise the broader Middle East;

| (aj) | reiterate the EU’s full support for the objective of the denuclearisation of the DPRK in a complete, verifiable and irreversible manner in accordance with all relevant UN Security Council resolutions; urge the DPRK to abandon its nuclear weapons programme and return to the NPT and IAEA safeguards; continue to support the ongoing dialogue process while seeking a more active part in the negotiations, capitalising on the EU’s diplomatic expertise; recall that the DPRK continues to represent a regional and international nuclear and ballistic threat; |
| --- | --- |

(aj)

reiterate the EU’s full support for the objective of the denuclearisation of the DPRK in a complete, verifiable and irreversible manner in accordance with all relevant UN Security Council resolutions; urge the DPRK to abandon its nuclear weapons programme and return to the NPT and IAEA safeguards; continue to support the ongoing dialogue process while seeking a more active part in the negotiations, capitalising on the EU’s diplomatic expertise; recall that the DPRK continues to represent a regional and international nuclear and ballistic threat;

| (ak) | continue to uphold and preserve the NPT as a key multilateral instrument for the benefit of international peace and security, to promote its universalisation, and to strengthen its implementation across its three equally important and mutually reinforcing pillars; encourage all states parties to the NPT to renew their efforts to engage with each other and press on with a renewed commitment to the comprehensive, full and balanced implementation of the NPT; |
| --- | --- |

(ak)

continue to uphold and preserve the NPT as a key multilateral instrument for the benefit of international peace and security, to promote its universalisation, and to strengthen its implementation across its three equally important and mutually reinforcing pillars; encourage all states parties to the NPT to renew their efforts to engage with each other and press on with a renewed commitment to the comprehensive, full and balanced implementation of the NPT;

| (al) | call on all states that have not yet done so to sign and ratify the NPT as non-nuclear weapon states and, pending accession, to adhere to its terms and commit to its non-proliferation and disarmament objectives, including by providing evidence that they are not engaging in nuclear technology transfers and by strengthening the Convention on the Physical Protection of Nuclear Materials; |
| --- | --- |

(al)

call on all states that have not yet done so to sign and ratify the NPT as non-nuclear weapon states and, pending accession, to adhere to its terms and commit to its non-proliferation and disarmament objectives, including by providing evidence that they are not engaging in nuclear technology transfers and by strengthening the Convention on the Physical Protection of Nuclear Materials;

| (am) | recall that nuclear disarmament must be carried out in a realistic and progressive manner, with due regard for the security interests of all, and that the reduction of strategic risks related to nuclear weapons is based on the transparency of nuclear doctrines, dialogue between political and military decision-makers, crisis communication tools and reinsurance measures; |
| --- | --- |

(am)

recall that nuclear disarmament must be carried out in a realistic and progressive manner, with due regard for the security interests of all, and that the reduction of strategic risks related to nuclear weapons is based on the transparency of nuclear doctrines, dialogue between political and military decision-makers, crisis communication tools and reinsurance measures;

| 2. | Instructs its President to forward this recommendation to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy. |
| --- | --- |

2.

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(1)  Texts adopted, P8_TA(2019)0130.

(2)  OJ L 97, 19.4.2000, p. 1.

(3)  OJ L 106, 27.4.2005, p. 32.

(4)  OJ L 90, 10.4.2010, p. 8.

(5)  OJ L 105, 16.4.2019, p. 25.

(6)  OJ L 149, 7.6.2019, p. 63.

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III Preparatory acts

European Parliament

Tuesday 20 October 2020

| 6.10.2021 | EN | Official Journal of the European Union | C 404/249 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/249

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P9_TA(2020)0268

Amending Regulation (EU) No 168/2013 as regards specific measures on L-category end-of-series vehicles in response to the COVID-19 pandemic ***I

European Parliament legislative resolution of 20 October 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 168/2013 as regards specific measures on L-category end-of-series vehicles in response to the COVID-19 outbreak (COM(2020)0491 — C9-0285/2020 — 2020/0251(COD))

(Ordinary legislative procedure: first reading)

(2021/C 404/16)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0491), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0491),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0285/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0285/2020),

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

—

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

| — | after consulting the European Economic and Social Committee, |
| --- | --- |

—

after consulting the European Economic and Social Committee,

| — | having regard to the undertaking given by the Council representative by letter of 14 October 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 14 October 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 59 and 52(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 52(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0190/2020), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0190/2020),

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

1.

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

2.

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

3.

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P9_TC1-COD(2020)0251

Position of the European Parliament adopted at first reading on 20 October 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council amending Regulation (EU) No 168/2013 as regards specific measures on L-category end-of-series vehicles in response to the COVID-19 pandemic

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2020/1694.)

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| 6.10.2021 | EN | Official Journal of the European Union | C 404/250 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/250

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P9_TA(2020)0269

Mobilisation of the European Globalisation Adjustment Fund: application EGF/2020/001 ES/Galicia shipbuilding ancillary sectors

European Parliament resolution of 20 October 2020 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund following an application from Spain — EGF/2020/001 ES/Galicia shipbuilding ancillary sectors (COM(2020)0485 — C9-0294/2020 — 2020/1996(BUD))

(2021/C 404/17)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2020)0485 — C9-0294/2020), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2020)0485 — C9-0294/2020),

| — | having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1) (EGF Regulation), |
| --- | --- |

—

having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1) (EGF Regulation),

| — | having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 12 thereof, |
| --- | --- |

—

having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 12 thereof,

| — | having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3) (IIA of 2 December 2013), and in particular point 13 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3) (IIA of 2 December 2013), and in particular point 13 thereof,

| — | having regard to the trilogue procedure provided for in point 13 of the IIA of 2 December 2013, |
| --- | --- |

—

having regard to the trilogue procedure provided for in point 13 of the IIA of 2 December 2013,

| — | having regard to the letters from the Committee on Employment and Social Affairs and from the Committee on Regional Development, |
| --- | --- |

—

having regard to the letters from the Committee on Employment and Social Affairs and from the Committee on Regional Development,

| — | having regard to the report of the Committee on Budgets (A9-0192/2020), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A9-0192/2020),

| A. | whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns or of the global financial and economic crisis, and to assist their reintegration into the labour market; whereas this assistance is made through a financial support given to workers and the companies for which they worked; |
| --- | --- |

A.

whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns or of the global financial and economic crisis, and to assist their reintegration into the labour market; whereas this assistance is made through a financial support given to workers and the companies for which they worked;

| B. | whereas Spain submitted application EGF/2020/001 ES/Galicia shipbuilding ancillary sectors for a financial contribution from the EGF, following 960 redundancies (4) in the economic sectors classified under the NACE Revision 2 Division 24 (Manufacture of basic metals), 25 (Manufacture of fabricated metal products, except machinery and equipment), 30 (Manufacture of other transport equipment), 32 (Other manufacturing), 33 (Repair and installation of machinery and equipment) and 43 (Specialised construction activities) in the NUTS level 2 region of Galicia (ES11) in Spain; |
| --- | --- |

B.

whereas Spain submitted application EGF/2020/001 ES/Galicia shipbuilding ancillary sectors for a financial contribution from the EGF, following 960 redundancies (4) in the economic sectors classified under the NACE Revision 2 Division 24 (Manufacture of basic metals), 25 (Manufacture of fabricated metal products, except machinery and equipment), 30 (Manufacture of other transport equipment), 32 (Other manufacturing), 33 (Repair and installation of machinery and equipment) and 43 (Specialised construction activities) in the NUTS level 2 region of Galicia (ES11) in Spain;

| C. | whereas the application is based on the intervention criteria of point (a) of Article 4(2) of the EGF Regulation, which allows that a collective application involving SMEs located in one region may cover SMEs operating in different economic sectors as defined at NACE Revision 2 division level, provided that SMEs are the main or the only type of business in that region; |
| --- | --- |

C.

whereas the application is based on the intervention criteria of point (a) of Article 4(2) of the EGF Regulation, which allows that a collective application involving SMEs located in one region may cover SMEs operating in different economic sectors as defined at NACE Revision 2 division level, provided that SMEs are the main or the only type of business in that region;

| D. | whereas SMEs are the backbone of the region’s economy which has more than 95 % of its enterprises with less than 250 workers and whereas the 38 enterprises concerned by this application are SMEs; whereas Galicia is part of the Atlantic Axis association and its economy considerably relies on cross-border companies and workers; |
| --- | --- |

D.

whereas SMEs are the backbone of the region’s economy which has more than 95 % of its enterprises with less than 250 workers and whereas the 38 enterprises concerned by this application are SMEs; whereas Galicia is part of the Atlantic Axis association and its economy considerably relies on cross-border companies and workers;

| E. | whereas the Galician shipbuilding follows the subcontracting pattern of the European shipbuilding sector which is mostly made up of small and medium shipyards, with a very high percentage of subcontracting in value and employment; |
| --- | --- |

E.

whereas the Galician shipbuilding follows the subcontracting pattern of the European shipbuilding sector which is mostly made up of small and medium shipyards, with a very high percentage of subcontracting in value and employment;

| F. | whereas Spain argues that, since 2004, Europe has been losing its merchant shipbuilding industry (5) to East-Asia and that the economic and financial crisis that started in 2008 resulted in a significant decline in orders, the expansion of shipbuilding in Asia and intensive global competition (6); |
| --- | --- |

F.

whereas Spain argues that, since 2004, Europe has been losing its merchant shipbuilding industry (5) to East-Asia and that the economic and financial crisis that started in 2008 resulted in a significant decline in orders, the expansion of shipbuilding in Asia and intensive global competition (6);

| G. | whereas subsidy policies and preferential fiscal treatment such as state aids and lower labour costs in East-Asian countries have resulted in market losses for Union shipbuilders; |
| --- | --- |

G.

whereas subsidy policies and preferential fiscal treatment such as state aids and lower labour costs in East-Asian countries have resulted in market losses for Union shipbuilders;

| H. | whereas shipyards in Galicia build technologically advanced military ships, oil and chemical tankers, offshore vessels, oceanographic and seismic research vessels, tugboats, and passenger ships, fishing vessels; |
| --- | --- |

H.

whereas shipyards in Galicia build technologically advanced military ships, oil and chemical tankers, offshore vessels, oceanographic and seismic research vessels, tugboats, and passenger ships, fishing vessels;

| I. | whereas the closure of Factorias Vulcano shipyard in July 2019, and the request for creditors pre-bankruptcy by HJ Barreras shipyard in October 2019 have led to the redundancies, since half of the dismissals that are subject to this application occurred in companies that are creditors of HJ Barreras; |
| --- | --- |

I.

whereas the closure of Factorias Vulcano shipyard in July 2019, and the request for creditors pre-bankruptcy by HJ Barreras shipyard in October 2019 have led to the redundancies, since half of the dismissals that are subject to this application occurred in companies that are creditors of HJ Barreras;

| J. | whereas the subcontractors of Factorias Vulcano have a high level of specialisation and therefore a high degree of dependence on the main shipyard with interdependencies and the same consequences on employment in the ancillary shipbuilding industry as if the companies were within a single NACE economic sector. |
| --- | --- |

J.

whereas the subcontractors of Factorias Vulcano have a high level of specialisation and therefore a high degree of dependence on the main shipyard with interdependencies and the same consequences on employment in the ancillary shipbuilding industry as if the companies were within a single NACE economic sector.

| 1. | Agrees with the Commission that the conditions set out in Article 4(2) of the EGF Regulation are met and that Spain is entitled to a financial contribution of EUR 2 054 400 under that Regulation, which represents 60 % of the total cost of EUR 3 424 000, comprising expenditure for personalised services of EUR 3 274 000 and expenditure for preparatory, management, information and publicity, control and reporting activities of EUR 150 000; |
| --- | --- |

1.

| 2. | Notes that the Spanish authorities submitted the application on 13 May 2020, and that, following the provision of additional information by Spain, the Commission finalised its assessment on 11 September 2020 and notified it to Parliament on the same day; |
| --- | --- |

2.

| 3. | Notes that Spain started providing personalised services to the targeted beneficiaries on 13 August 2020 and that the period of eligibility for a financial contribution from the EGF will therefore be from 13 August 2020 to 13 August 2022; |
| --- | --- |

3.

| 4. | Notes that Spain started incurring administrative expenditure for the implementation of the EGF on 8 June 2020 and that expenditure on preparatory, management, information and publicity, control and reporting activities from 8 June 2020 to 13 February 2023 will therefore be eligible for a financial contribution from the EGF; |
| --- | --- |

4.

| 5. | Welcomes the fact that the coordinated package of personalised services was drawn up by Spain in consultation with the social partners and that through a collaboration agreement, the social partners will also be involved in the implementation of the services; |
| --- | --- |

5.

| 6. | Welcomes the involvement of ASIME and the trade unions CCOO (7) and UGT (8), the social partners that participate in the Social Dialogue in Galicia, in the drawing of the co-ordinated package of personalised services and in the implementation of the services; stresses that the social partners should also be involved in the monitoring of the measures; |
| --- | --- |

6.

| 7. | Takes into consideration that the shipyards sector and ancillary industries in Galicia had an annual turnover of around EUR 2 000 million in 2018, and that 10 000 direct jobs and 25,000 indirect jobs depended on shipbuilding, whereas last year the sector’s turnover dropped by 11 % and the number of jobs by 20,8 % (about 2 000); |
| --- | --- |

7.

| 8. | Underlines that those redundancies took place in a context of high level of unemployment (11,7 % in 2019) in the region of Galicia; welcomes, therefore, the re-skilling and up-skilling measures provided by this EGF support to make the regional shipbuilding sector, the cross-border economy and the overall labour market, more resilient and competitive in the future; |
| --- | --- |

8.

| 9. | Emphasises that effective research, specialisation and technological innovation are key to strengthen the European shipbuilding industry and make it able to compete on a global scale with countries relying on lower labour costs, subsidy policies and preferential fiscal treatment; |
| --- | --- |

9.

| 10. | Stresses that the personalised services to be provided to workers made redundant have to be tailor-made for each profile; |
| --- | --- |

10.

| 11. | Notes that 94 % of targeted beneficiaries are men and 78,2 % of them are between 30 and 54 years old; notes that the personalised services to be provided to redundant workers include: information sessions and preparatory workshops, occupational guidance towards employment or self-employment, training (including training towards entrepreneurship will be provided for those aiming at self-employment), tutoring after reintegration into work, intensive job-search assistance and a variety of incentives; |
| --- | --- |

11.

| 12. | Welcomes the inclusion of participation incentives of up to EUR 400, of contributions to commuting expenses of EUR 0,19/kilometre plus additional costs such as tolls and parking costs, of contributions to expenses for carers of dependent persons of to EUR 20 per day of participation, and of outplacement incentives where(dependent workers or self-employed will receive EUR 200 per month, for a maximum period of six months, in order to support the targeted beneficiaries in job search or training activities, conditional on active participation in the measures; |
| --- | --- |

12.

| 13. | Recalls that the proposed actions constitute active labour market measures within the eligible actions set out in Article 7 of the EGF Regulation and do not substitute passive social protection measures; |
| --- | --- |

13.

| 14. | Notes that the financial contribution will be managed and controlled by the same bodies that manage and control the European Social Fund and that the Xunta de Galicia (9) will be the intermediate body for the managing authority; |
| --- | --- |

14.

| 15. | Stresses that the Spanish authorities have confirmed that the eligible actions do not receive assistance from other Union funds or financial instruments; |
| --- | --- |

15.

| 16. | Reiterates that assistance from the EGF must not replace actions which are the responsibility of companies, by virtue of national law or collective agreements; |
| --- | --- |

16.

| 17. | Recalls that according to the current rules, the EGF could be mobilised to support permanently dismissed workers and the self-employed in the context of the global crisis caused by COVID-19 without amending the EGF Regulation, as Spain is one of the Member States with a severe negative impact following the pandemic; |
| --- | --- |

17.

| 18. | Approves the decision annexed to this resolution; |
| --- | --- |

18.

| 19. | Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

19.

| 20. | Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
| --- | --- |

20.

---

(1)  OJ L 347, 20.12.2013, p. 855.

(2)  OJ L 347, 20.12.2013, p. 884.

(3)  OJ C 373, 20.12.2013, p. 1.

(4)  Within the meaning of Article 3 of the EGF Regulation.

(5)  Merchant shipbuilding encompasses the building of tankers, bulkers and containerships.

(6)  By 2018, China, (35,5 %) had become the leader, followed by Japan (23,4 %) and South Korea (22,7 %), whilst Europe's market share had fallen to only 6,8 %. In terms of the order book in 2019, China as market leader had a share of 34 %, South Korea 26 % and Japan 15 %.

(7)  Federation of Industry of CCOO Galicia.

(8)  Federation of Metal, Construction and Related Industries of UGT (MCA-UGT).

(9)  Xunta de Galicia and in particular the Consellería de Facenda –Dirección General de política financiera, tesoro y fondos europeos / Servicio de inspección y control de fondos comunitarios in cooperation with the Consellería de Economía, Emprego e Industria –Secretaría Xeral de Emprego/Subdirección Xeral de Relacións Laborais will be the intermediate body for the managing authority.

---

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund following an application from Spain — EGF/2020/001 ES/Galicia shipbuilding ancillary sectors

(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2020/1598.)

---

Friday 23 October 2020

| 6.10.2021 | EN | Official Journal of the European Union | C 404/254 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/254

---

P9_TA(2020)0287

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

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

(Ordinary legislative procedure: first reading)

(2021/C 404/18)

Amendments 776 and 847

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 sets out the challenges, objectives and orientations for the future Common Agricultural Policy (CAP) after 2020. These objectives include, inter alia, the need for the CAP to be more result-driven, to boost modernisation and sustainability, including the economic, social, environmental and climate sustainability of the agricultural, forestry and rural areas, and to help reducing the Union legislation-related administrative burden for beneficiaries. |

Text proposed by the Commission

Amendment

(1)

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

| (1) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 sets out the challenges, objectives and orientations for the future Common Agricultural Policy (CAP) after 2020. These objectives include, inter alia, the need for the CAP to be more result-driven,
  market-oriented,
  to boost modernisation and sustainability, including the economic, social,
  demographic,
  environmental and climate sustainability of the agricultural, forestry and rural areas, and to help reducing the Union legislation-related administrative burden for beneficiaries.
  The new policy should also represent a simplification for beneficiaries who should receive a fair income. In order for the CAP to achieve those objectives, it is of utmost importance to keep the same level of financing in the 2021-2027 Multiannual Financial Framework as during the 2014-2020 period. |
| --- | --- |

(1)

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

Amendment 1

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | The CAP continues to play a key role in the development of the Union’s rural areas. It is therefore necessary to attempt to slow down the gradual abandonment of agricultural activity by keeping a CAP that is strong, with adequate resources, to mitigate the depopulation of rural areas and to continue meeting consumer expectations in terms of the environment, food safety and animal welfare. In view of the challenges faced by Union producers in responding to new regulatory requirements and a higher level of environmental ambition, against a background of price volatility and Union borders that are more open to imports from third countries, the CAP budget should be kept at least at the same level as during the 2014-2020 period. |

Text proposed by the Commission

Amendment

(1a)

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

Amendment 2

Proposal for a regulation

Recital 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1b) | In order to address the global dimension and implications of the CAP, the Commission should ensure coherence and continuity with the other Union external policies and instruments, in particular in development cooperation and trade. The Union’s commitment to policy coherence for development requires the taking into account of development objectives and principles when designing policies. |

Text proposed by the Commission

Amendment

(1b)

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

Amendment 3

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | Since the CAP needs to sharpen its responses to the challenges and opportunities as they manifest themselves at Union, international, national, regional, local and farm levels, it is necessary to streamline the governance of the CAP and improve its delivery on the Union objectives and to significantly decrease the administrative burden. In the CAP based on delivery of performance (‘delivery model’), the Union should set the basic policy parameters, such as objectives of the CAP and basic requirements, while Member States should bear greater responsibility as to how they meet the objectives and achieve targets. Enhanced subsidiarity makes it possible to better take into account local conditions and needs, tailoring the support to maximise the contribution to Union objectives. |

Text proposed by the Commission

Amendment

(2)

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

| (2) | Since the CAP needs to sharpen its responses to the challenges and opportunities as they manifest themselves at Union, international, national, regional, local and farm levels, it is necessary to streamline the governance of the CAP and improve its delivery on the Union objectives and to significantly decrease the administrative burden
  , in particular to the final beneficiaries
  . In the CAP based on delivery of performance (‘delivery model’), the Union should set the basic policy parameters, such as objectives of the CAP and 
  basic
  requirements, while Member States should bear greater responsibility as to how they meet the objectives and achieve targets
  , whilst ensuring policy certainty and financial security for the sector
  . Enhanced subsidiarity makes it possible to better take into account local conditions and needs, tailoring the support to maximise the contribution to Union objectives.
  Nevertheless, in order to ensure that such subsidiarity does not represent a ‘renationalisation’ of the CAP, this Regulation should include a strong body of Union provisions designed to prevent the distortion of competition and to ensure non-discriminatory treatment for all Union farmers throughout the territory of the Union. |
| --- | --- |

(2)

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

Amendment 4

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | The use of common definitions entirely set at Union level has caused certain difficulties for Member States to cater their own specificities at national, regional, and local level.
  Member States should
  therefore
  be given the flexibility to specify certain definitions in their CAP Strategic Plan. In order to ensure a common level playing field, a certain framework has, however, to be set at Union level constituting the necessary
  essential
  elements to be included in those definitions (‘framework definitions’). |

Text proposed by the Commission

Amendment

(3)

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

| (3) | Member States should be given the flexibility to specify certain definitions in their CAP Strategic Plan. In order to ensure a common level playing field, a certain framework has, however, to be set at Union level constituting the necessary
  common
  elements to be included in those definitions (‘framework definitions’). |
| --- | --- |

(3)

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

Amendment 5

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | In order to ensure that the Union can respect its international obligations on domestic support as set out in the WTO Agreement on Agriculture, and in particular that the basic income support for sustainability and related types of interventions continue to be notified as ‘Green Box’ support which has no, or at most minimal, trade-distorting effects or effects on production, the framework definition for ‘agricultural activity’ should provide for both the production of agricultural products or the maintenance of the agricultural area. In light of adjusting to local conditions, Member States should lay down the
  actual
  definition of agricultural activity in their CAP Strategic Plans. |

Text proposed by the Commission

Amendment

(4)

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

| (4) | In order to ensure that the Union can respect its international obligations on domestic support as set out in the WTO Agreement on Agriculture, and in particular that the basic income support for sustainability and related types of interventions continue to be notified as ‘Green Box’ support which has no, or at most minimal, trade-distorting effects or effects on production, the framework definition for ‘agricultural activity’ should provide for both the production of agricultural products or the maintenance of the agricultural area. In light of adjusting to local conditions, Member States should lay down the definition of agricultural activity in their CAP Strategic Plans
  , complying with the common elements of the Union framework definition
  . |
| --- | --- |

(4)

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

Amendment 6

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | In order to retain the essential Union-wide elements to ensure comparability between Member State decisions, without however limiting Member States in reaching Union objectives, a framework definition for ‘agricultural area’ should be set out. The related framework definitions for ‘arable land’, ‘permanent crops’ and ‘permanent grassland’ should be set out in a broad way to allow Member States to further specify definitions according to their local conditions. The framework definition for ‘arable land’ should be laid down in a way that allows Member States to cover different production forms, including system such as agroforestry and arable areas with shrubs and trees and that requires the inclusion of fallow land areas in order to ensure the decoupled nature of the interventions. The framework definition of ‘permanent crops’ should include both areas actually used for production and not, as well as nurseries and short rotation coppice to be defined by Member States. The framework definition of ‘permanent grassland’ should be set in a way that allows Member States to specify further criteria and allows them to include species other than grasses or other herbaceous forage that can be grazed or that may produce animal feed, whether used for actual production or not. |

Text proposed by the Commission

Amendment

(5)

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

| (5) | In order to retain
  common
  essential Union-wide elements to ensure comparability between Member State decisions
  and equal treatment between Union farmers
  , without however limiting Member States in reaching Union objectives, a framework definition for ‘agricultural area’ should be set out. The related framework definitions for ‘arable land’, ‘permanent crops’ and ‘permanent grassland’ should be set out in a broad way to allow Member States to further specify definitions according to their local conditions
  and traditional practices
  . The framework definition for ‘arable land’ should be laid down in a way that allows Member States to cover different production forms, including system such as agroforestry and arable areas with shrubs and trees and that requires the inclusion of fallow land areas in order to ensure the decoupled nature of the interventions. The framework definition of ‘permanent crops’ should include both areas actually used for production and not, as well as nurseries and short rotation coppice to be defined by Member States. The framework definition of ‘permanent grassland’ should be set in a way that allows Member States to specify further criteria and allows them to include species other than grasses or other herbaceous forage that can be grazed
  , whether exclusively or not,
  or that may produce animal feed, whether used for actual production or not. |
| --- | --- |

(5)

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

Amendment 7

Proposal for a regulation

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | The focus in the future of farming should be on producing high-quality food, as that is where the Union’s competitive advantage lies. Union standards should be maintained and strengthened where feasible, and measures should be provided for to further increase the long-term productivity and competitiveness of the food production sector, and to introduce new technologies and a more efficient use of resources, thereby strengthening the Union’s role as a world leader. |

Text proposed by the Commission

Amendment

(5a)

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

Amendment 8

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | As regards the areas used for the production of hemp, in order to preserve public health and to ensure the coherence with other bodies of legislation, the use of hemp seeds varieties with tetrahydrocannabinol content below
  0,2  %
  should be part of the definition of eligible hectare. |

Text proposed by the Commission

Amendment

(8)

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

| (8) | As regards the areas used for the production of hemp, in order to preserve public health and to ensure the coherence with other bodies of legislation, the use of hemp seeds varieties with tetrahydrocannabinol content below
  0,3  %
  should be part of the definition of eligible hectare. |
| --- | --- |

(8)

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

Amendment 9

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | In view of further improving the performance of the CAP, income support should be targeted to
  genuine
  farmers. In order to ensure a common approach at Union level for such a targeting of support, a framework definition for ‘
  genuine
  farmer’ displaying the
  essential
  elements should be set out.
  On the basis of this framework, Member States should define in their CAP Strategic Plans which farmers are not considered genuine farmers based on conditions such as income tests, labour inputs on the farm, company object and inclusion in registers. It should also not result in precluding
  support to pluri-active farmers, who are actively farming but who are also engaged in non-agricultural activities outside their farm, as their multiple activities often strengthen the socio-economic fabric of rural areas. |

Text proposed by the Commission

Amendment

(9)

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

| (9) | In view of further improving the performance of the CAP, income support should be targeted to
  active
  farmers. In order to ensure a common approach at Union level for such a targeting of support, a framework definition for ‘
  active
  farmer’ displaying the
  common
  elements should be set out. Support to pluri-active farmers, who are actively farming but who are also engaged in non-agricultural activities outside their farm,
  should not be precluded,
  as their multiple activities often strengthen the socio-economic fabric of rural areas.
  That framework definition should, in any event, help to preserve the model of family farming that exists in the Union. |
| --- | --- |

(9)

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

Amendment 10

Proposal for a regulation

Recital 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | Equality between women and men is a core principle of the Union and gender mainstreaming is an important tool in the integration of that principle into to the CAP. There should therefore be a particular focus on promoting the participation of women in the socio-economic development of rural areas. The size of female-operated farms tends to be smaller and the work performed by women, as farmers’ spouses, is not always recognised and visible, which has an impact on their economic independence. This Regulation should help to ensure that the work that women do is more visible, better appreciated and taken into account within the specific objectives to be proposed by the Member States in their strategic plans. Gender equality as well as non-discrimination principles should be an integral part of the preparation, implementation and evaluation of CAP interventions. Member States shall also strengthen their capacity in gender mainstreaming and in the collection of sex-disaggregated data. |

Text proposed by the Commission

Amendment

(9a)

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

Amendment 11

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | In order to ensure consistency between the direct payments types of interventions and rural development types of interventions when addressing the objective of generational renewal, a framework definition for ‘young farmer’ with
  the essential
  elements should be set out at Union level. |

Text proposed by the Commission

Amendment

(10)

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

| (10) | In order to ensure consistency between the direct payments types of interventions and rural development types of interventions when addressing the objective of generational renewal, a framework definition for ‘young farmer’ with
  common
  elements should be set out at Union level. |
| --- | --- |

(10)

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

Amendment 12

Proposal for a regulation

Recital 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10a) | In order to ensure consistency between the direct payments types of interventions and rural development types of interventions when addressing the objective of facilitating business development in rural areas, a framework definition for ‘new farmer’ with common elements should be set out at Union level. |

Text proposed by the Commission

Amendment

(10a)

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

Amendment 13

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | In order to
  give substance to
  the objectives of the CAP as established by Article 39 of the Treaty on the Functioning of the European Union (TFEU), as well as to ensure that the Union adequately addresses its most recent challenges, it is appropriate to provide for a set of general objectives reflecting the orientations given in the Communication on ‘The Future of Food and Farming’. A set of specific objectives should be further defined at Union level and
  applied
  by the Member States in their CAP Strategic Plans. While striking a balance across the dimensions of sustainable development, in line with the impact assessment, these specific objectives should translate the general objectives of the CAP into more concrete priorities
  and take into account relevant Union legislation, particularly with regard to climate, energy and environment
  . |

Text proposed by the Commission

Amendment

(11)

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

| (11) | In order to
  pursue
  the objectives of the CAP as established by Article 39 of the Treaty on the Functioning of the European Union (TFEU), as well as to ensure that the Union adequately addresses its most recent challenges, it is appropriate to provide for a set of general objectives reflecting the orientations given in the Communication on ‘The Future of Food and Farming’. A set of specific objectives should be further defined at Union level and
  pursued
  by the Member States in their CAP Strategic Plans. While striking a balance across the dimensions of sustainable development, in line with the impact assessment, these specific objectives should translate the general objectives of the CAP into more concrete priorities
  in the economic, environmental and social spheres
  . |
| --- | --- |

(11)

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

Amendment 14

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | While under the CAP delivery model the Union should set the Union objectives and define the types of interventions as well as the
  basic
  Union requirements applicable to Member States, the latter should be in charge of translating that Union framework into support arrangements applicable to beneficiaries. In that context, Member States should act in line with the Charter of Fundamental Rights, general principles of Union law and ensure that the legal framework for the granting of Union support to beneficiaries be based on their CAP Strategic plans and be in line with the principles and requirements set out under this Regulation and the [Horizontal Regulation]. |

Text proposed by the Commission

Amendment

(13)

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

| (13) | While under the CAP delivery model the Union should set the Union objectives and define the types of interventions as well as the
  common
  Union requirements applicable to Member States, the latter should be in charge of translating that Union framework into support arrangements applicable to beneficiaries. In that context, Member States should act in line with the Charter of Fundamental Rights, general principles of Union law and ensure that the legal framework for the granting of Union support to beneficiaries be based on their CAP Strategic plans and be in line with the principles and requirements set out under this Regulation and the [Horizontal Regulation]. |
| --- | --- |

(13)

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

Amendment 15

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | The cross-cutting principles set out in Article 3 of the Treaty on European Union (TEU) and in Article 10 TFEU, including the principles of subsidiarity and proportionality as set out in Article 5 TEU, should be observed when implementing the CAP Strategic Plans. Member States and the Commission should also comply with the obligations of the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in line with Article 9 thereof and in accordance with Union law harmonising accessibility requirements for products and services. Member States and the Commission should seek to eliminate inequalities and promote equality between men and women and gender mainstreaming, as well as to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) should not support actions that contribute to any form of segregation, discrimination, or exclusion. The objectives of those funds should be pursued from the perspective of sustainable development and in line with the aim, promoted under the Aarhus Convention and by the Union, of preserving, protecting, and improving the quality of the environment and combating climate change, as set out in Article 11 and Article 191(1) TFEU, while applying the ‘polluter pays’ principle. |

Text proposed by the Commission

Amendment

(13a)

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

Amendment 16

Proposal for a regulation

Recital 13 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13b) | The delivery model should not lead to a situation in which there are 27 different national agricultural policies, thus endangering the common spirit of the CAP and creating distortions. It should leave to Member States a certain degree of flexibility within a strong common regulatory framework. |

Text proposed by the Commission

Amendment

(13b)

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

Amendments 17 and 779

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | In the context of greater market-orientation of the CAP, as outlined by the Communication on ‘The Future of Food and Farming’, market exposure, climate change and associated frequency and severity of extreme weather events, as well as sanitary and phytosanitary crises, may lead to risks of price volatility and increasing pressures on incomes. Thus, although farmers are ultimately responsible for designing their on-farm strategies, a robust framework should be set up to ensure appropriate risk management. To this aim, Member States and farmers may be able to draw on a Union-level platform on risk management for capacity-building in order to provide farmers with adequate financial instruments for investments and access to working capital, training, knowledge transfer and advice. |

Text proposed by the Commission

Amendment

(15)

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

| (15) | In the context of greater market-orientation of the CAP, as outlined by the Communication on ‘The Future of Food and Farming’, market exposure,
  absence of reciprocity clauses in trade agreements with third countries,
  climate change and associated frequency and severity of extreme weather events, as well as sanitary and phytosanitary crises, may lead to risks of price volatility and increasing pressures on incomes
  . Inequalities in the food chain, mainly at the expense of the primary sector, which is the ‘weakest link’, also have an adverse effect on producers’ incomes
  . Thus, although farmers are ultimately responsible for designing their on-farm strategies
  and for improving the resilience of their farms
  , a robust framework should be set up to ensure appropriate risk management. To this aim, Member States and farmers may be able to draw on a Union-level platform on risk management for capacity-building in order to provide farmers with adequate financial instruments for investments and access to working capital, training, knowledge transfer and advice. |
| --- | --- |

(15)

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

Amendment 18

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | Bolstering
  environmental
  care and
  climate action and contributing to the achievement of Union environmental- and climate-related objectives is a very high priority in the future of Union agriculture and forestry. The architecture of the CAP should therefore reflect greater ambition with respect to these objectives. By virtue of the delivery model, action taken to tackle environmental degradation and climate change should be result-driven and Article 11 TFEU should, for this purpose, be considered as an obligation of result. |

Text proposed by the Commission

Amendment

(16)

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

| (16) | Supporting and improving
  environmental
  protection, biodiversity and genetic diversity in the agricultural system, as well as
  climate action and contributing to the achievement of Union environmental- and climate-related objectives is a very high priority in the future of Union agriculture
  , horticulture
  and forestry. The architecture of the CAP should therefore reflect greater ambition with respect to these objectives
  , while at the same time reflecting adequately the greater burden and requirements before the producers
  . By virtue of the delivery model, action taken to tackle environmental degradation and climate change should be result-driven and Article 11 TFEU should, for this purpose, be considered as an obligation of result. |
| --- | --- |

(16)

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

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

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

Amendment 19

Proposal for a regulation

Recital 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16a) | For the socio-economic sustainability of rural areas, the Commission should check that the Member States ensure in their CAP Strategic Plans that there is coherence between the application of Directive 2010/41/EU of the European Parliament and of the Council

   (1a)

  and the long
  -
  term approach on the use of Rural Development funds. |

Text proposed by the Commission

Amendment

(16a)

For the socio-economic sustainability of rural areas, the Commission should check that the Member States ensure in their CAP Strategic Plans that there is coherence between the application of Directive 2010/41/EU of the European Parliament and of the Council

   (1a)

  and the long
  -
  term approach on the use of Rural Development funds.

Amendment 853

Proposal for a regulation

Recital 16 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16b) | Agriculture can be an important engine of growth and poverty reduction, but the sector is underperforming in many countries in part because women, who greatly contribute to the rural economy, face constrains. Effective action should be taken by Member States to support women’s key role in the development and preservation of rural areas. |

Text proposed by the Commission

Amendment

(16b)

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

Amendments 20 and 781

Proposal for a regulation

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | The CAP should keep ensuring food security, which should be understood as meaning access to sufficient, safe and nutritious food at all times. Moreover, it should help improving the response of Union agriculture to new societal demands on food and health, including sustainable agricultural production, healthier nutrition, food waste and animal welfare. The CAP should continue to promote production with specific and valuable characteristics, while at the same time helping farmers to proactively adjust their production according to market signals and consumers’ demands. |

Text proposed by the Commission

Amendment

(17)

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

| (17) | The CAP should keep ensuring food security, which should be understood as meaning access to sufficient, safe
  , healthy
  and nutritious food at all times. Moreover, it should help improving the response of Union agriculture to new societal demands on food and health, including sustainable agricultural production, healthier nutrition,
  high-quality production and quality differentiation,
  food waste and animal welfare. The CAP should continue to promote
  sustainable
  production with specific and valuable characteristics,
  such as High Nature Value farming systems,
  while at the same time helping farmers to proactively adjust their production according to market signalsand consumers’ demands. |
| --- | --- |

(17)

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

Amendment 782

Proposal for a regulation

Recital 17 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17a) | In line with their commitment to the 2030 Agenda and the Paris Agreement, and with the conclusions of the International Assessment of Agricultural Knowledge, Science and Technology for Development, as well as the recommendations of the United Nations Special Rapporteur on the right to food, the Union and its Member States should transition to a sustainable European food and agriculture system. The pathway for that transition should focus on promoting diversified, sustainable and resilient agricultural practices that contribute to protecting and enhancing natural resources, reinforcing ecosystems and to climate change adaptation and mitigation, through adjusting livestock production to ecological carrying capacities, minimising dependence on unsustainable inputs including fossil energies and progressively improving biodiversity and soil quality. |

Text proposed by the Commission

Amendment

(17a)

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

Amendments 21 and 783

Proposal for a regulation

Recital 17 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17b) | While the One Health Action Plan against antimicrobial resistance (AMR) considers vaccination to be a cost-effective public health intervention to combat AMR, the relatively higher cost of diagnosis, antimicrobial alternatives and vaccination compared with conventional antibiotics are an obstacle to increasing the vaccination rate of animals. |

Text proposed by the Commission

Amendment

(17b)

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

Amendment 784

Proposal for a regulation

Recital 17 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17c) | In order to meet the environmental objectives of the CAP but also societal requirements in terms of increased food safety, the use of fertilising products with very low levels of heavy metals should be promoted. |

Text proposed by the Commission

Amendment

(17c)

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

Amendment 1100

Proposal for a regulation

Recital 19 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19a) | In order to ensure the well-being of farmers and their families, and bearing in mind that stress is a major cause of farm accidents, Member States shall ensure the social sustainability of the policy by keeping the regulatory and administrative burden at the minimum, allowing for a healthy work-life balance for farmers, and ensuring viability of farming in the Union. |

Text proposed by the Commission

Amendment

(19a)

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

Amendments 728 and 785

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | Building on the previous system of cross-compliance implemented until 2020, the system of new conditionality links full receipt of CAP support to the compliance by beneficiaries of basic standards concerning the environment, climate change, public health, animal health, plant health and animal welfare. The basic standards encompass in a streamlined form a list of statutory management requirements (SMRs) and standards of good agricultural and environmental conditions of land (GAECs). These basic standards should better take into account the environmental and climate challenges and the new environmental architecture of the CAP, thus delivering a higher level of environmental and climate ambition as the Commission announced in its Communications on the ‘Future of Food and Farming’ and the Multiannual Financial Framework (MFF). Conditionality aims to contribute to the development of sustainable agriculture through better awareness on the part of beneficiaries of the need to respect those basic standards. It also aims to make the CAP more compatible with the expectations of society through improving consistency of the policy with the environment, public health, animal health, plant health and animal welfare objectives. Conditionality should form an integral part of the environmental architecture of the CAP, as part of the baseline for more ambitious environmental and climate commitments, and should be comprehensively applied across the Union. For those farmers who do not comply with those requirements, Member States should ensure that proportionate, effective and dissuasive penalties are applied in accordance with [the HZR Regulation]. |

Text proposed by the Commission

Amendment

(21)

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

| (21) | Building on the previous system of cross-compliance implemented until 2020, the system of new conditionality links full receipt of CAP support to the compliance by beneficiaries of basic standards concerning the environment, climate change, public health
  , applicable working and employment conditions
  , animal health, plant health and animal welfare. The basic standards encompass in a streamlined form a list of statutory management requirements (SMRs) and standards of good agricultural and environmental conditions of land (GAECs). These basic standards should better take into account the environmental and climate challenges and the new environmental architecture of the CAP, thus delivering a higher level of environmental and climate ambition as the Commission announced in its Communications on the ‘Future of Food and Farming’ and the Multiannual Financial Framework (MFF).
  Moreover it is of particular importance that Member States take relevant measures to ensure employers’ access to direct payments is conditional on the compliance with the applicable working and employment conditions and/or employer obligations resulting from all relevant collective agreements and social and labour law at national and Union levels, inter alia in the field of awareness of conditions of employment, remuneration, working time, health and safety, housing, gender equality, free movement of workers, equal treatment, posting of workers, conditions of stay of third-country nationals, temporary agency work, social protection and social security coordination among Member States. |
| --- | --- |

(21)

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

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

Amendment 22

Proposal for a regulation

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | The framework of standards of GAECs aims to contribute to the mitigation and adaptation to climate change, the tackling of water challenges, the protection and quality of soil and the protection and quality of biodiversity. The framework needs to be enhanced to take into account in particular the practices set until 2020 under the greening of direct payments, the mitigation of climate change and the need to improve farms sustainability
  , and in particular the nutrients management
  . It is acknowledged that each GAEC contributes to multiple objectives. In order to implement the framework, Member States should define a national standard for each of the standards set at Union level taking into account the specific characteristics of the area concerned, including soil and climatic conditions, existing farming conditions, land use, crop rotation, farming practices and farm structures. Member States may also define
  in addition other national standards related to the main objectives laid down in Annex III in order to improve the environmental and climate delivery of the GAEC framework. As part of GAEC framework, in order to support both the agronomic and the environmental performance of farms, nutrient management plans will be established with the help of a dedicated electronic Farm Sustainability Tool made available by the Member States to individual farmers. The tool should provide on-farm decision support starting from minimum nutrient management functionalities. A wide interoperability and modularity should also ensure the possibility to add other electronic on-farm and e-governance applications. In order to ensure a level playing field between farmers and across the Union, the Commission may provide support to the Member States in the design of the Tool as well as with the data storage and processing services required. |

Text proposed by the Commission

Amendment

(22)

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

| (22) | The framework of standards of GAECs aims to contribute to the mitigation and adaptation to climate change, the tackling of water challenges, the protection and quality of soil and the protection and quality of biodiversity. The framework needs to be enhanced to take into account in particular the practices set until 2020 under the greening of direct payments, the mitigation of climate change and the need to improve farms sustainability. It is acknowledged that each GAEC contributes to multiple objectives. In order to implement the framework, Member States should define a national standard for each of the standards set at Union level taking into account the specific characteristics of the area concerned, including soil and climatic conditions, existing farming conditions,
  the agronomic characteristics of different productions, differences between annual crops, permanent crops and other specialised production,
  land use, crop rotation,
  local and traditional
  farming practices and farm structures.
  Member States may also define equivalent practices or certification systems having a beneficial impact on the climate and the environment which is similar to or better than the impact of one or more GAEC practices. |
| --- | --- |

(22)

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

Amendment 1127

Proposal for a regulation

Recital 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22a) | In order to tackle the Union-wide biodiversity decline, it is essential to ensure a minimum level of non-productive areas and features under conditionality and eco-schemes in all Member States. In that context, Member States should aim, in their Strategic Plans, to provide an area of at least 10 % of landscape elements beneficial for biodiversity. Those should include, inter alia, buffer strips, rotational or non-rotational fallow land, hedges, non-productive trees, terrace walls, and ponds, all of which contribute to enhancing carbon sequestration, preventing soil erosion and depletion, filtering air and water, and supporting climate adaptation. |

Text proposed by the Commission

Amendment

(22a)

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

Amendment 23

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | SMRs need to be fully implemented by Member States in order to become operational at farm level and ensure equal treatment of farmers. To ensure the consistency of the rules on conditionality in enhancing the sustainability of the policy, SMRs should encompass main Union legislation on environment, public health, animal health, plant health and animal welfare which implementation at national level imply precise obligations on individual farmers, including obligations under Council Directive 92/43/EEC (11) and Directive 2009/147/EC of the European Parliament and of the Council (12) or Council Directive 91/676/EEC (13). In order to follow up on the joint statement made by the European Parliament and the Council as annexed to Regulation (EU) No 1306/2013 of the European Parliament and of the Council (14), the relevant provisions of Directive 2000/60/EC of the European Parliament and of the Council (15) and Directive 2009/128/EC of the European Parliament and of the Council (16) are included as SMRs into the scope of conditionality and the list of GAEC standards is adapted accordingly. |

Text proposed by the Commission

Amendment

(23)

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

| (23) | SMRs need to be fully implemented by Member States in order to become operational at farm level and ensure equal treatment of farmers. To ensure the consistency of the rules on conditionality in enhancing the sustainability of the policy, SMRs should encompass main Union legislation on environment, public health, animal health, plant health and animal welfare which implementation at national level imply precise obligations on individual farmers, including obligations under Council Directive 92/43/EEC (11) and Directive 2009/147/EC of the European Parliament and of the Council (12) or Council Directive 91/676/EEC (13). In order to follow up on the joint statement made by the European Parliament and the Council as annexed to Regulation (EU) No 1306/2013 of the European Parliament and of the Council (14), the relevant provisions of Directive 2000/60/EC of the European Parliament and of the Council (15)

  (the Water Framework Directive)
  and Directive 2009/128/EC of the European Parliament and of the Council (16) are included as SMRs into the scope of conditionality and the list of GAEC standards is adapted accordingly. |
| --- | --- |

(23)

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

  (the Water Framework Directive)
  and Directive 2009/128/EC of the European Parliament and of the Council (16) are included as SMRs into the scope of conditionality and the list of GAEC standards is adapted accordingly.

Amendment 24

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | Member States should
  set
  farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses, covering economic, environmental and social dimensions, and to identify the necessary improvements as regards all measures at farm level provided for in the CAP Strategic Plans. These farm advisory services should help farmers and other beneficiaries of CAP support to become more aware of the relationship between farm management and land management on the one hand, and certain standards, requirements and information, including environmental and climate ones, on the other hand. The list of the latter includes standards applying to or necessary for farmers and other CAP beneficiaries and set in the CAP Strategic Plan, as well as those stemming from the legislation on water, on the sustainable use of pesticides, as well as the initiatives to combat antimicrobial resistance and the management of risks. In order to enhance the quality and effectiveness of the advice, Member States should integrate advisors within the Agricultural Knowledge and Innovation Systems (AKIS), in order to be able to deliver up-to-date technological and scientific information developed by research and innovation. |

Text proposed by the Commission

Amendment

(24)

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

| (24) | Member States should
  provide high-quality
  farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses, covering economic, environmental and social dimensions, and to identify the necessary improvements as regards all measures at farm level provided for in the CAP Strategic Plans. These farm advisory services should help farmers and other beneficiaries of CAP support to become more aware of the relationship between farm management and land management on the one hand, and certain standards, requirements and information, including environmental and climate ones, on the other hand. The list of the latter includes standards applying to or necessary for farmers and other CAP beneficiaries and set in the CAP Strategic Plan, as well as those stemming from the legislation on water, on the sustainable use of pesticides, as well as the initiatives to combat antimicrobial resistance and the management of risks. In order to enhance the quality and effectiveness of the advice, Member States should integrate advisors within the Agricultural Knowledge and Innovation Systems (AKIS), in order to be able to deliver up-to-date technological and scientific information developed by research and innovation.
  Any Union initiatives regarding advisory services and innovation systems should be built, whenever possible, upon existing ones at Member State level. |
| --- | --- |

(24)

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

Amendment 25

Proposal for a regulation

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (26) | Union legislation should provide that Member States should set requirements in terms of minimum area for receiving decoupled payments in their CAP Strategic Plan. Such requirements should relate to the need to avoid the excessive administrative burden caused by managing numerous payments of small amounts and to that of ensuring an effective contribution of the support to the objectives of the CAP to which the decoupled direct payments contribute. In order to guarantee a minimum level of agricultural income support for all
  genuine
  farmers, as well as to comply with the Treaty objective in ensuring a fair standard of living for the agricultural community, an annual area-based decoupled payment should be established as the type of intervention ‘basic income support for sustainability’. In order to enhance better targeting of this support, the payment amounts can be differentiated, by groups of territories, based on socio-economic and/or agronomic conditions. In view of avoiding disruptive effects for farmers' income, Member States may choose to implement the basic income support for sustainability based on payment entitlements. In this case, the value of payment entitlements before any further convergence should be proportional to their value as established under the basic payment schemes pursuant to Regulation (EU) No 1307/2013, taking also into account the payments for agricultural practices beneficial for the climate and the environment. Member States should also achieve further convergence in order to
  continue to
  move progressively
  away from historical values. |

Text proposed by the Commission

Amendment

(26)

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

| (26) | Union legislation should provide that Member States should set requirements in terms of minimum area for receiving decoupled payments in their CAP Strategic Plan. Such requirements should relate to the need to avoid the excessive administrative burden caused by managing numerous payments of small amounts and to that of ensuring an effective contribution of the support to the objectives of the CAP to which the decoupled direct payments contribute. In order to guarantee a minimum level of agricultural income support for all
  active
  farmers, as well as to comply with the Treaty objective in ensuring a fair standard of living for the agricultural community, an annual area-based decoupled payment should be established as the type of intervention ‘basic income support for sustainability’. In order to enhance better targeting of this support, the payment amounts can be differentiated, by groups of territories, based on socio-economic
  , environmental
  and/or agronomic conditions. In view of avoiding disruptive effects for farmers' income, Member States may choose to implement the basic income support for sustainability based on payment entitlements. In this case, the value of payment entitlements before any further convergence should be proportional to their value as established under the basic payment schemes pursuant to Regulation (EU) No 1307/2013, taking also into account the payments for agricultural practices beneficial for the climate and the environment. Member States should also achieve further convergence in order to move progressively
  to full convergence by 2026 |
| --- | --- |

(26)

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

Amendment 26

Proposal for a regulation

Recital 26 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26a) | Income support through the CAP is a major contributor to the stability and sustainability of many small and family farms across Europe, and although expectations on farmers have increased, monetary benefits have not. The CAP's overall share of the Union’s budget is decreasing, while market crises in the sector and a falling number of active famers continue to threaten the survival of the sector. The family farm model should be protected as a general objective of the CAP and through the Member State Strategic Plans, giving proper place to the vital role this model has in contributing to the social fabric of rural life, and the provision of a way of life for many rural dwellers. Family farms contribute to sustainable food production, the preservation of natural resources, diversification needs and ad ensuring food security. The first farmers to suffer under the immense pressures of globalisation will be those that pursue the small family farm model. Such a situation would be an obvious failure to meet the objectives of the CAP and would undermine the argument for support of the CAP in future. Therefore the CAP Strategic Plans should pursue through their specific objectives keeping the protection of that farming model. |

Text proposed by the Commission

Amendment

(26a)

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

Amendment 27

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | Small farms remain a cornerstone of Union agriculture as they play a vital role in supporting rural employment and contribute to territorial development. In order to promote a more balanced distribution of support and to reduce administrative burden for beneficiaries of small amounts, Member States should have the option of offering to small farmers the possibility of replacing
  the other
  direct payments by providing a round some payment for small farmers. |

Text proposed by the Commission

Amendment

(28)

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

| (28) | Small farms remain a cornerstone of Union agriculture as they play a vital role in supporting rural employment and contribute to territorial development. In order to promote a more balanced distribution of support and to reduce administrative burden for beneficiaries of small amounts, Member States should have the option of offering to small farmers the possibility of replacing direct payments by providing a round some payment
  for small farmers. However, with a view to further reducing the administrative burden, Member States should be authorised to automatically include certain farmers, initially, within the simplified scheme, offering them the possibility of withdrawing from it by a specific deadline. In line with the principle of proportionality, the Member States should be given the possibility of establishing a reduced system of conditionality checks
  for small farmers
  that participate in the simplified scheme
  . |
| --- | --- |

(28)

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

Amendments 28 and 791

Proposal for a regulation

Recital 30 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (30a) | Organic farming is developing in many Member States and has a proven track record of delivering public goods, preserving ecosystems services and natural resources, reducing inputs, attracting young farmers and women in particular, creating jobs, experimenting with new business models, meeting societal demands, and revitalising rural areas. Yet the growth in demand for organic products continues to outpace the growth in production. Member States should ensure that their CAP Strategic Plans include objectives to increase the share of agricultural land under organic management in order to meet the increasing demand for organic products, and to develop the whole organic supply chain. Member States should be able to fund organic conversion and maintenance either through rural development measures or through eco-schemes, or through a combination of both, and should ensure that allocated budgets match the expected growth in organic production. |

Text proposed by the Commission

Amendment

(30a)

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

Amendments 29 and 792

Proposal for a regulation

Recital 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| (31) | The CAP should ensure that Member States increase the environmental delivery by respecting local needs and farmers' actual circumstances. Member States should under direct payments in the CAP Strategic Plan set up Eco-schemes voluntary for farmers, which should be fully coordinated with the other relevant interventions. They should be defined by the Member States as a payment granted either for incentivising and remunerating the provision of public goods by agricultural practices beneficial to the environment and climate
  or as a compensation for the introduction of these practices. In both cases
  they should aim at enhancing the environmental and climate performance of the CAP and should consequently be conceived to go beyond the mandatory requirements already prescribed by the system of conditionality. Member States may decide to set up eco-schemes for agricultural practices such as the enhanced management of permanent pastures and landscape features, and organic farming. These schemes may also include ‘entry-level schemes’ which may be a condition for taking up more ambitious rural development commitments. |

Text proposed by the Commission

Amendment

(31)

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

| (31) | The CAP should ensure that Member States increase the environmental delivery by respecting local needs and farmers' actual circumstances. Member States should under direct payments in the CAP Strategic Plan set up
  , on the basis of a list of agricultural practices beneficial for the climate and the environment established by the Commission,
  eco-schemes voluntary for farmers, which should be fully coordinated with the other relevant interventions. They should be defined by the Member States as a payment granted either for incentivising and remunerating the provision of public goods by agricultural practices beneficial to the environment and climate, they should aim at enhancing the environmental and climate performance of the CAP and should consequently be conceived to go beyond the mandatory requirements already prescribed by the system of conditionality. Member States
  should set aside a certain percentage of their direct payments allocation for the eco-schemes. Member States
  may decide to set up eco-schemes
  to promote production models that are beneficial for the environment, particularly extensive livestock rearing, and to promote all kinds of
  agricultural practices such as the enhanced management of permanent pastures and
  permanent
  landscape features, and
  to set up environmental certification schemes
  ,
  such as
  organic farming
  , integrated production, or conservation agriculture
  . These schemes may also include
  measures of a type other than rural development environmental and climate commitments, or measures of the same nature that may be classified as
  ‘entry-level schemes’ which may be a condition for taking up more ambitious rural development commitments. |
| --- | --- |

(31)

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

Amendment 30

Proposal for a regulation

Recital 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| (33) | Compliance of coupled income support with the Union's international commitments should be ensured. This includes in particular the requirements of the Memorandum of Understanding between the European Economic Community and the United States of America on oilseeds within the framework of the GATT

   (17)

  , as applicable subsequent to changes to the EU separate base area for oilseeds following changes to the composition of the EU. The Commission should have the power to adopt implementing acts for this purpose of laying down detailed rules in this respect. |

Text proposed by the Commission

Amendment

(33)

Compliance of coupled income support with the Union's international commitments should be ensured. This includes in particular the requirements of the Memorandum of Understanding between the European Economic Community and the United States of America on oilseeds within the framework of the GATT

   (17)

  , as applicable subsequent to changes to the EU separate base area for oilseeds following changes to the composition of the EU. The Commission should have the power to adopt implementing acts for this purpose of laying down detailed rules in this respect.

deleted

Amendment 31

Proposal for a regulation

Recital 35

| Text proposed by the Commission | Amendment |
| --- | --- |
| (35) | Sectoral types of interventions are needed to contribute to the CAP objectives and reinforce synergies with other CAP instruments. In line with the delivery model, minimum requirements concerning the contents and objectives for such sectoral types of interventions should be elaborated at Union level in order to ensure a level playing field in the internal market and avoid conditions of unequal and unfair competition. Member States should justify their inclusion in their CAP Strategic Plans and ensure consistency with other interventions at sectoral level. The broad types of interventions to be established at Union level should cover the sectors of fruit and vegetables, wine, apiculture products, olive oil and table olives, hops and other products
  to be
  defined, for which the establishment of sectoral programs is deemed to have beneficial effects on the achievement of some or all of the general and specific objectives of the CAP pursued by this Regulation. |

Text proposed by the Commission

Amendment

(35)

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

| (35) | Sectoral types of interventions are needed to contribute to the CAP objectives and reinforce synergies with other CAP instruments. In line with the delivery model, minimum requirements concerning the contents and objectives for such sectoral types of interventions should be elaborated at Union level in order to ensure a level playing field in the internal market and avoid conditions of unequal and unfair competition. Member States should justify their inclusion in their CAP Strategic Plans and ensure consistency with other interventions at sectoral level. The broad types of interventions to be established at Union level should cover the sectors of fruit and vegetables, wine, apiculture products, olive oil and table olives, hops and other products defined
  in Article 39
  , for which the establishment of sectoral programs is deemed to have beneficial effects on the achievement of some or all of the general and specific objectives of the CAP pursued by this Regulation. |
| --- | --- |

(35)

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

Amendment 32

Proposal for a regulation

Recital 35 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (35a) | In view of the increase in the allocation provided for the apiculture sector and in recognition of the important role it plays in preserving biodiversity and food production, it is appropriate to also increase the Union co-financing ceiling and to add new eligible measures designed to promote the sector’s development. |

Text proposed by the Commission

Amendment

(35a)

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

Amendment 33

Proposal for a regulation

Recital 37

| Text proposed by the Commission | Amendment |
| --- | --- |
| (37) | For interventions for rural development, principles are defined at Union level, particularly with regard to the basic requirements for the Member States to apply selection criteria. However, Member States should have ample discretion to define specific conditions according to their needs. Types of interventions for rural development include payments for environmental, climate and other management commitments that Member States should support throughout their territories, in accordance with their national, regional or local specific needs. Member States should grant payments to farmers and other land managers who undertake, on a voluntary basis, management commitments that contribute to climate change mitigation and adaptation and to the protection and improvement of the environment including water quality and quantity, air quality, soil, biodiversity and ecosystem services including voluntary commitments in Natura 2000 and support for genetic diversity. Support under payments for management commitments may also be granted in the form of locally-led, integrated or cooperative approaches and result-based interventions. |

Text proposed by the Commission

Amendment

(37)

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

| (37) | For interventions for rural development, principles are defined at Union level, particularly with regard to the basic requirements for the Member States to apply selection criteria. However, Member States should have ample discretion to define specific conditions according to their needs. Types of interventions for rural development include payments for environmental, climate and other management commitments that Member States should support throughout their territories, in accordance with their national, regional or local specific needs. Member States should grant payments to farmers,
  groups of farmers
  and other land managers who undertake, on a voluntary basis, management commitments that contribute to climate change mitigation and adaptation and to the protection and improvement of the environment including water quality and quantity, air quality, soil, biodiversity and ecosystem services including voluntary commitments in Natura 2000
  , and in High Nature Value Areas
  and support for genetic diversity. Support under payments for management commitments may also be granted in the form of locally-led, integrated
  , collective
  or cooperative approaches and result-based interventions. |
| --- | --- |

(37)

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

Amendment 729

Proposal for a regulation

Recital 37 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (37a) | In view of ensuring the resilience of the Union's ecosystems and promoting biodiversity, Member States should be allowed to grant payments to agri-environmental sustainable practices, for climate mitigation and adaptation and for the protection and improvement of genetic resources, in particular through traditional breeding methods. |

Text proposed by the Commission

Amendment

(37a)

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

Amendments 34, 794 and 856

Proposal for a regulation

Recital 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| (38) | Support for management commitments
  may
  include organic farming premia for the maintenance of
  and the conversion to
  organic land; payments for other types of interventions supporting environmentally friendly production systems such as agro-ecology,
  conservation agriculture
  and integrated production; forest environmental and climate services and forest conservation; premia for forests and establishment of agroforestry systems; animal welfare; conservation, sustainable use and development of genetic resources. Member States may develop other schemes under this type of interventions on the basis of their needs. This type of payments should cover additional costs and income foregone only resulting from commitments going beyond the baseline of mandatory standards and requirements established in Union and national law, as well as conditionality, as laid down in the CAP Strategic Plan. Commitments related to this type of interventions may be undertaken for a pre-established annual or pluri-annual period and might go beyond seven years where duly justified. |

Text proposed by the Commission

Amendment

(38)

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

| (38) | Support for management commitments
  shall
  include organic farming premia for the
  conversion to organic land and may include those for the
  maintenance of organic land; payments for other types of interventions supporting environmentally friendly production systems such as
  High Nature Value farming
  , agro-ecology, and integrated production; forest environmental and climate services and forest conservation; premia for forests and establishment of agroforestry systems;
  the protection of traditional agricultural landscapes,
  animal welfare
  and animal health
  ; conservation, sustainable use and development of genetic resources
  and biodiversity
  . Member States may develop other schemes under this type of interventions on the basis of their needs
  and they may strengthen the agri-environmental measures specific to the beekeeping sector which already exist in certain regions of the Union, and develop further measures.
  This type of payments should cover additional costs
  , financial incentives
  and income foregone only resulting from commitments going beyond the baseline of mandatory standards and requirements established in Union and national law, as well as conditionality, as laid down in the CAP Strategic Plan
  . Member States should also provide financial incentives to beneficiaries. Commitments related to this type of interventions may be undertaken for a pre-established annual or pluri-annual period and might go beyond seven years where duly justified. |
| --- | --- |

(38)

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

Amendments 35 and 795

Proposal for a regulation

Recital 39

| Text proposed by the Commission | Amendment |
| --- | --- |
| (39) | Forestry measures should contribute to the implementation of the Union Forest Strategy, and be based on Member States' national or sub-national forest programs or equivalent instruments, which should build on the commitments stemming from the Regulation on the inclusion of greenhouse gas emission and removals from land use, land use energy and forestry [LULUCF Regulation] and those made
  in
  the Ministerial Conferences on the Protection of Forests in Europe. Interventions should be based on forest management plans or equivalent instruments and may comprise forest area development and sustainable management of forests, including the afforestation of land and the creation and regeneration of agroforestry systems; the protection, restoration and improvement of forest resources, taking into account adaptation needs; investments to guarantee and enhance forest conservation and resilience, and the provision of forest ecosystem and climate services; and measures and investments in support of the renewable energy and bio-economy. |

Text proposed by the Commission

Amendment

(39)

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

| (39) | Forestry measures should contribute
  to widening the use of agroforestry systems and
  to the implementation of the Union Forest Strategy, and be based on Member States' national or sub-national forest programs or equivalent instruments, which should build on the commitments stemming from Regulation
  (EU) 2018/841 of the European Parliament and of the Council

   (1a) and those made
  by
  the Ministerial Conferences on the Protection of Forests in Europe. Interventions should be based on
  sustainable
  forest management plans or equivalent instruments
  delivering effective carbon sequestration from the atmosphere while enhancing biodiversity
  and may comprise forest area development and sustainable management of forests, including the afforestation of land
  , fire prevention
  and the creation and regeneration of agroforestry systems; the protection, restoration and improvement of forest resources, taking into account adaptation needs; investments to guarantee and enhance forest conservation and resilience, and the provision of forest ecosystem and climate services; and measures and investments in support of the renewable energy and bio-economy. |
| --- | --- |

(39)

Forestry measures should contribute
  to widening the use of agroforestry systems and
  to the implementation of the Union Forest Strategy, and be based on Member States' national or sub-national forest programs or equivalent instruments, which should build on the commitments stemming from Regulation
  (EU) 2018/841 of the European Parliament and of the Council

   (1a) and those made
  by
  the Ministerial Conferences on the Protection of Forests in Europe. Interventions should be based on
  sustainable
  forest management plans or equivalent instruments
  delivering effective carbon sequestration from the atmosphere while enhancing biodiversity
  and may comprise forest area development and sustainable management of forests, including the afforestation of land
  , fire prevention
  and the creation and regeneration of agroforestry systems; the protection, restoration and improvement of forest resources, taking into account adaptation needs; investments to guarantee and enhance forest conservation and resilience, and the provision of forest ecosystem and climate services; and measures and investments in support of the renewable energy and bio-economy.

Amendment 36

Proposal for a regulation

Recital 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| (40) | In order to ensure a fair income and a resilient agricultural sector across the Union territory, Member States may grant support to farmers in areas facing natural and other area-specific constraints. As regards payments for ANC, the designation of the 2014-2020 Rural Development policy should continue to apply. For the CAP to deliver enhanced Union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity, it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of Natura 2000 and Water Framework
  Directives
  . Support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of Directive 2009/147/EC and Directive 92/43/EEC and in order to contribute to the effective management of Natura 2000 sites. Support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the Water Framework Directive. Support should be linked to specific requirements described in the CAP Strategic Plans that go beyond relevant mandatory standards and requirements. Member States should also ensure that payments to farmers do not lead to double funding with eco schemes. Furthermore, the specific needs of Natura 2000 areas should be taken into account by Member States in the overall design of their CAP Strategic Plans. |

Text proposed by the Commission

Amendment

(40)

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

| (40) | In order to ensure a fair income and a resilient agricultural sector across the Union territory, Member States may grant support to farmers in areas facing natural and other area-specific constraints,
  including mountain areas and island regions.
  As regards payments for ANC, the designation of the 2014-2020 Rural Development policy should continue to apply. For the CAP to deliver enhanced Union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity, it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of Natura 2000
  established by Council Directive 92/43/EEC

   (1a) and
  of the
  Water Framework
  Directive
  . Support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of Directive 2009/147/EC and Directive 92/43/EEC and in order to contribute to the effective management of Natura 2000 sites. Support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the Water Framework Directive. Support should be linked to specific requirements described in the CAP Strategic Plans that go beyond relevant mandatory standards and requirements. Member States should also ensure that payments to farmers do not lead to double funding with eco schemes
  , while at the same time allowing enough flexibility in Strategic Plans to facilitate complementarity between different interventions
  . Furthermore, the specific needs of Natura 2000 areas should be taken into account by Member States in the overall design of their CAP Strategic Plans. |
| --- | --- |

(40)

In order to ensure a fair income and a resilient agricultural sector across the Union territory, Member States may grant support to farmers in areas facing natural and other area-specific constraints,
  including mountain areas and island regions.
  As regards payments for ANC, the designation of the 2014-2020 Rural Development policy should continue to apply. For the CAP to deliver enhanced Union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity, it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of Natura 2000
  established by Council Directive 92/43/EEC

   (1a) and
  of the
  Water Framework
  Directive
  . Support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of Directive 2009/147/EC and Directive 92/43/EEC and in order to contribute to the effective management of Natura 2000 sites. Support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the Water Framework Directive. Support should be linked to specific requirements described in the CAP Strategic Plans that go beyond relevant mandatory standards and requirements. Member States should also ensure that payments to farmers do not lead to double funding with eco schemes
  , while at the same time allowing enough flexibility in Strategic Plans to facilitate complementarity between different interventions
  . Furthermore, the specific needs of Natura 2000 areas should be taken into account by Member States in the overall design of their CAP Strategic Plans.

Amendment 37

Proposal for a regulation

Recital 41

| Text proposed by the Commission | Amendment |
| --- | --- |
| (41) | The objectives of the CAP should also be pursued through support for investments, productive as well as non-productive,
  on farm as well as off-farm
  . Such investments may concern, inter alia, infrastructures related to the development, modernisation or adaptation to climate change of agriculture and forestry, including access to farm and forest land, land consolidation and improvement, agro-forestry practices and the supply and saving of energy and water. In order to better ensure the consistency of the CAP Strategic Plans with Union objectives, as well as a level playing field between Member States, a negative list of investment topics is included in this Regulation. |

Text proposed by the Commission

Amendment

(41)

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

| (41) | The objectives of the CAP should also be pursued through support for investments, productive as well as non-productive,
  which aim to strengthen farms’ resilience
  . Such investments may concern, inter alia infrastructures related to the development, modernisation or adaptation to climate change of agriculture and forestry, including access to farm and forest land, land consolidation and improvement, agro-forestry practices, and the supply and saving of energy and water. In order to better ensure the consistency of the CAP Strategic Plans with Union objectives, as well as a level playing field between Member States, a negative list of investment topics is included in this Regulation. |
| --- | --- |

(41)

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

Amendment 38

Proposal for a regulation

Recital 42

| Text proposed by the Commission | Amendment |
| --- | --- |
| (42) | In the light of the need to fill the investment gap in the Union agricultural sector and improve access to financial instruments for priority groups, notably young farmers and new entrants with higher risk profiles,
  use of the InvestEU guarantee and
  combination of grants and financial instruments should be encouraged. Since the use of financial instruments across Member States varies considerably as a result of differences in terms of access to finance, banking sector development, presence of risk capital, familiarity of public administrations and potential range of beneficiaries, Member States should establish in the CAP Strategic Plan appropriate targets, beneficiaries and preferential conditions, and other possible eligibility rules. |

Text proposed by the Commission

Amendment

(42)

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

| (42) | In the light of the need to fill the investment gap in the Union agricultural sector and improve access to financial instruments for priority groups, notably young farmers and new entrants with higher risk profiles,
  a
  combination of grants and financial instruments should be encouraged. Since the use of financial instruments across Member States varies considerably as a result of differences in terms of access to finance, banking sector development, presence of risk capital, familiarity of public administrations and potential range of beneficiaries, Member States should establish in the CAP Strategic Plan appropriate targets, beneficiaries and preferential conditions, and other possible eligibility rules. |
| --- | --- |

(42)

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

Amendment 39

Proposal for a regulation

Recital 43

| Text proposed by the Commission | Amendment |
| --- | --- |
| (43) | Young farmers and new
  entrants
  still face significant barriers regarding access to land, high prices and access to credit. Their businesses are more threatened by price volatility (for both inputs and produce) and their needs in terms of training in entrepreneurial
  and risk
  management skills are high. It is therefore essential to continue the support for the setting up of new businesses and new farms. Member States should provide for a strategic approach and identify a clear and coherent set of interventions for generational renewal under the specific objective dedicated to this issue. To this aim, Member States may set in their CAP Strategic Plans preferential conditions for financial instruments for young farmers and new entrants, and should include in their CAP Strategic Plan the ring-fencing of at least an amount corresponding to 2 % of the annual direct payments' envelope. An increase of the maximum amount of aid for the installation of young farmers and rural business start-ups, up to EUR 100 000 , which can be accessed also through or in combination with financial instrument form of support, should be established. |

Text proposed by the Commission

Amendment

(43)

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

| (43) | Young farmers and new
  farmers
  still face significant barriers regarding access to land, high prices and access to credit. Their businesses are more threatened by price volatility (for both inputs and produce) and their needs in terms of training in entrepreneurial
  , risk prevention and
  management skills are high. It is therefore essential to continue the support for the setting up of new businesses and new farms. Member States should provide for a strategic approach and identify a clear and coherent set of interventions for generational renewal under the specific objective dedicated to this issue. To this aim, Member States may set in their CAP Strategic Plans preferential conditions for financial instruments for young farmers and new entrants, and should include in their CAP Strategic Plan the ring-fencing of at least an amount corresponding to 2 % of the annual direct payments’ envelope
  in the first pillar
  . An increase of the maximum amount of aid for the installation of young farmers and rural business start-ups, up to EUR 100 000 , which can be accessed also through or in combination with financial instrument form of support, should be established. |
| --- | --- |

(43)

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

Amendment 40

Proposal for a regulation

Recital 44

| Text proposed by the Commission | Amendment |
| --- | --- |
| (44) | In the light of the need to ensure appropriate risk management tools, insurance premia and mutual funds should be maintained, financed by the EAFRD. The category of mutual funds encompasses both those linked to production losses, and the general and sector-specific income stabilisation tools, linked to income losses. |

Text proposed by the Commission

Amendment

(44)

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

| (44) | In the light of the need to ensure appropriate risk management tools, insurance premia and mutual funds should be maintained, financed by the EAFRD. The category of mutual funds encompasses both those linked to production losses, and the general and sector-specific income stabilisation tools, linked to income losses.
  In order to adapt the risk management tools to the challenges faced by farmers, including climate change, the CAP toolbox should include compensation for the costs and losses incurred by farmers in connection with measures taken to combat animal diseases and plant pests, or for the losses incurred by organic farmers as a result of an external contamination for which they are not responsible. However, the compatibility of EARDF-financed interventions with national risk management systems should be ensured. |
| --- | --- |

(44)

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

Amendments 41 and 796

Proposal for a regulation

Recital 45

| Text proposed by the Commission | Amendment |
| --- | --- |
| (45) | Support should enable the establishment and implementation of cooperation between at least two entities in view of achieving CAP objectives. Support can entail all aspects of such cooperation, such as the setting up of quality schemes; collective environmental and climate action; the promotion of short supply chain and local markets; pilot projects; Operational Group projects within the EIP for agricultural productivity and sustainability local development projects, Smart Villages, buyers' clubs and machinery rings; farm partnerships; forest management plans; networks and clusters; social farming; community supported agriculture; actions within the scope of LEADER; and the setting up of producer groups and producer organisations, as well as other forms of cooperation deemed necessary to achieve the specific objectives of the CAP. |

Text proposed by the Commission

Amendment

(45)

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

| (45) | Support should enable the establishment and implementation of cooperation between at least two entities in view of achieving CAP objectives. Support can entail all aspects of such cooperation, such as the setting up,
  certification costs, promotion and maintenance
  of quality schemes; collective environmental and climate action; the promotion of short supply chain and local markets; pilot projects; Operational Group projects within the EIP for agricultural productivity and sustainability local development projects, Smart Villages, buyers' clubs and machinery rings; farm partnerships; forest management plans
  , including agroforestry
  ; networks and clusters; social farming; community supported agriculture; actions within the scope of LEADER; and the setting up of producer groups and producer organisations,
  including producer groups recognised under Regulation (EU) No 1151/2012 of the European Parliament and of the Council

   (1a), as well as other forms of cooperation deemed necessary to achieve the specific objectives of the CAP.
  As a way of promoting intergenerational renewal, consideration should be given to granting specific support to farmers who wish to stop farming before reaching the statutory retirement age and intend to hand over their farm to a cooperating younger farmer. |
| --- | --- |

(45)

Support should enable the establishment and implementation of cooperation between at least two entities in view of achieving CAP objectives. Support can entail all aspects of such cooperation, such as the setting up,
  certification costs, promotion and maintenance
  of quality schemes; collective environmental and climate action; the promotion of short supply chain and local markets; pilot projects; Operational Group projects within the EIP for agricultural productivity and sustainability local development projects, Smart Villages, buyers' clubs and machinery rings; farm partnerships; forest management plans
  , including agroforestry
  ; networks and clusters; social farming; community supported agriculture; actions within the scope of LEADER; and the setting up of producer groups and producer organisations,
  including producer groups recognised under Regulation (EU) No 1151/2012 of the European Parliament and of the Council

   (1a), as well as other forms of cooperation deemed necessary to achieve the specific objectives of the CAP.
  As a way of promoting intergenerational renewal, consideration should be given to granting specific support to farmers who wish to stop farming before reaching the statutory retirement age and intend to hand over their farm to a cooperating younger farmer.

Amendment 42

Proposal for a regulation

Recital 47

| Text proposed by the Commission | Amendment |
| --- | --- |
| (47) | The EAGF should continue financing types of interventions in the form of direct payments and sectoral types of interventions, whereas the EAFRD should continue financing types of interventions for rural development as described in this Regulation. The rules for the financial management of the CAP should be laid down separately for the two funds and for the activities supported by each of them, taking into account that the new delivery model gives more flexibility and subsidiarity for Member States to reach their objectives. Types of interventions under this Regulation should cover the period from 1 January
  2021
  to 31 December 2027. |

Text proposed by the Commission

Amendment

(47)

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

| (47) | The EAGF should continue financing types of interventions in the form of direct payments and sectoral types of interventions, whereas the EAFRD should continue financing types of interventions for rural development as described in this Regulation. The rules for the financial management of the CAP should be laid down separately for the two funds and for the activities supported by each of them, taking into account that the new delivery model gives more flexibility and subsidiarity for Member States to reach their objectives. Types of interventions under this Regulation should cover the period from 1 January
  2022
  to 31 December 2027. |
| --- | --- |

(47)

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

Amendment 43

Proposal for a regulation

Recital 48

| Text proposed by the Commission | Amendment |
| --- | --- |
| (48) | Support for direct payments under the CAP Strategic Plans should be granted within national allocations to be fixed by this Regulation. These national allocations should reflect a continuation of the changes whereby the allocations to Member States with the lowest support level per hectare are gradually increased to close 50 % of the gap towards 90 % of the Union average. In order to take into account the reduction of payments' mechanism and the use of its product in the Member State, the total indicative financial allocations per year in the CAP Strategic Plan of a Member State should be allowed to exceed the national allocation. |

Text proposed by the Commission

Amendment

(48)

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

| (48) | The EAGF should not provide support to activities that would harm the environment, or which are not consistent with climate and environmental objectives in line with sustainable agricultural management principles.
  Support for direct payments under the CAP Strategic Plans should be granted within national allocations to be fixed by this Regulation. These national allocations should reflect a continuation of the changes whereby the allocations to Member States with the lowest support level per hectare are gradually increased to close 50 % of the gap towards 90 % of the Union average. In order to take into account the reduction of payments' mechanism and the use of its product in the Member State, the total indicative financial allocations per year in the CAP Strategic Plan of a Member State should be allowed to exceed the national allocation. |
| --- | --- |

(48)

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

Amendment 44

Proposal for a regulation

Recital 49

| Text proposed by the Commission | Amendment |
| --- | --- |
| (49) | In order to facilitate the management of EAFRD funds, a 
  single
  contribution rate for support from the EAFRD should be set in relation to public expenditure in the Member States. In order to take account of their particular importance or nature, specific contribution rates should be set in relation to certain types of operations. In order to mitigate the specific constraints resulting from the level of development, the remoteness and insularity
  , an appropriate EAFRD contribution rate should be set for less developed regions, the outermost regions referred to
  in Article
  349 TFEU and the smaller Aegean islands
  . |

Text proposed by the Commission

Amendment

(49)

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

| (49) | In order to facilitate the management of EAFRD funds, a 
  general
  contribution rate for support from the EAFRD should be set in relation to public expenditure in the Member States. In order to take account of their particular importance or nature, specific contribution rates should be set in relation to certain types of operations. In order to mitigate the specific constraints resulting from the level of development, the remoteness and insularity
  of the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands as defined
  in Article 
  1(2) of Regulation (EU) No 229/2013 of the European Parliament and of the Council

   (1a)

  , a higher EAFRD contribution rate should be set for those regions
  . |
| --- | --- |

(49)

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

   (1a)

  , a higher EAFRD contribution rate should be set for those regions
  .

Amendment 45

Proposal for a regulation

Recital 49 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (49a) | Objective criteria should be established for categorising regions and areas at Union level for support from the EAFRD. To that end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council

   (1a)

  . The latest classifications and data should be used to ensure adequate support, in particular for addressing lagging behind regions and interregional disparities inside a Member State. |

Text proposed by the Commission

Amendment

(49a)

Objective criteria should be established for categorising regions and areas at Union level for support from the EAFRD. To that end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council

   (1a)

  . The latest classifications and data should be used to ensure adequate support, in particular for addressing lagging behind regions and interregional disparities inside a Member State.

Amendments 46 and 797

Proposal for a regulation

Recital 50

| Text proposed by the Commission | Amendment |
| --- | --- |
| (50) | EAFRD should
  not provide
  support to investments that would harm the environment. Hence it is necessary to provide in this Regulation a number of exclusion rules, as well as the possibility to further develop these guarantees in delegated acts. Notably, the EAFRD should not finance investments in irrigation which do not contribute towards
  the achievement, or the preservation, of good status of the associated water body or bodies and
  investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles. |

Text proposed by the Commission

Amendment

(50)

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

| (50) | The
  EAFRD should
  give priority
  support to
  investments generating both economic and environmental benefits while not supporting
  investments that would harm the environment
  or which are not consistent with climate, environment, animal welfare and biodiversity objectives. Investments that generate both economic and environmental benefits should be emphasised
  . Hence it is necessary to provide in this Regulation a number of
  more specific
  exclusion rules, as well as the possibility to further develop these guarantees in delegated acts. Notably, the EAFRD should not finance investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles.
  Furthermore, the EAFRD should not cover investments in irrigation which do not contribute towards the achievement, or the preservation, of good status of the associated water body or bodies. Member States should ensure that authorities play an active role on ecology and management of forest fires in any afforestation or reforestation action and strengthen the role of soft preventive measures and land use management. |
| --- | --- |

(50)

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

Amendment 47

Proposal for a regulation

Recital 51 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (51a) | In order to enable the Union to be independent of vegetable protein imports, the CAP aims to promote, in line with Directive 2009/28/EC of the European Parliament and of the Council

   (1a)

  (Renewable Energy Directive), the use of biofuels obtained from the oilseed by-products of protein crops. |

Text proposed by the Commission

Amendment

(51a)

In order to enable the Union to be independent of vegetable protein imports, the CAP aims to promote, in line with Directive 2009/28/EC of the European Parliament and of the Council

   (1a)

  (Renewable Energy Directive), the use of biofuels obtained from the oilseed by-products of protein crops.

Amendment 858

Proposal for a regulation

Recital 51 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (51b) | The EAGF and the EAFRD should not provide support to farmers whose activities include breeding of bulls for bullfighting. Such funding is a clear violation of the European Convention for the Protection of Animals Kept for Farming Purposes. |

Text proposed by the Commission

Amendment

(51b)

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

Amendment 798

Proposal for a regulation

Recital 52

| Text proposed by the Commission | Amendment |
| --- | --- |
| (52) | Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Program will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of
  25 %
  of the EU budget expenditures supporting climate objectives. Actions under the CAP
  are expected to
  contribute 40 % of the overall financial envelope of the CAP to climate objectives. Relevant actions will be identified during the Program's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. |

Text proposed by the Commission

Amendment

(52)

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

| (52) | Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Program will contribute to mainstream climate action
  and phase out environmentally harmful subsidies
  in the Union's policies and to the achievement of an overall target of
  at least 30 %
  of the EU budget expenditures supporting climate objectives. Actions under the CAP
  should
  contribute
  at least
  40 % of the overall financial envelope of the CAP to climate objectives. Relevant actions will be identified during the Program's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. |
| --- | --- |

(52)

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

Amendment 48

Proposal for a regulation

Recital 54

| Text proposed by the Commission | Amendment |
| --- | --- |
| (54) | To enhance the Union added value and to preserve a functioning agricultural internal market, as well as to pursue the above-mentioned general and specific objectives, Member States should not take decisions according to this Regulation in isolation but in the framework of a structured process that should materialise in a CAP Strategic Plan. Union top-down rules should lay down the specific
  EU
  -wide objectives of the CAP, the main types of interventions, the performance framework and the governance structure. Such a distribution of tasks is aimed at ensuring full correspondence between financial resources invested and results achieved. |

Text proposed by the Commission

Amendment

(54)

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

| (54) | To enhance the Union added value and to preserve a functioning agricultural internal market, as well as to pursue the above-mentioned general and specific objectives, Member States should not take decisions according to this Regulation in isolation but in the framework of a structured process that should materialise in a CAP Strategic Plan. Union top-down rules should lay down the specific
  Union
  -wide objectives of the CAP, the main types of interventions, the performance framework and the governance structure. Such a distribution of tasks is aimed at ensuring full correspondence between financial resources invested and results achieved. |
| --- | --- |

(54)

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

Amendment 49

Proposal for a regulation

Recital 55

| Text proposed by the Commission | Amendment |
| --- | --- |
| (55) | In order to ensure a clear strategic nature of these CAP Strategic Plans, and to facilitate the links with other Union policies, and notably with established long-term national targets deriving from Union legislation or international agreements such as those related to climate change, forests, biodiversity, and water, it is appropriate that there should be one single CAP Strategic Plan per Member State. |

Text proposed by the Commission

Amendment

(55)

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

| (55) | In order to ensure a clear strategic nature of these CAP Strategic Plans, and to facilitate the links with other Union policies, and notably with established long-term national targets deriving from Union legislation or international agreements such as those related to climate change, forests, biodiversity, and water, it is appropriate that there should be one single CAP Strategic Plan per Member State.
  Taking due account of the administrative structure of the Member States, the Strategic Plan should, where appropriate, include regionalised interventions for rural development. |
| --- | --- |

(55)

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

Amendment 50

Proposal for a regulation

Recital 55 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (55a) | It is imperative that the CAP Strategic Plans have a clear, simple and unambiguous framework in order to avoid ‘gold plating’ of policy at the national, regional or local level. |

Text proposed by the Commission

Amendment

(55a)

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

Amendment 51

Proposal for a regulation

Recital 55 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (55b) | The new delivery model should not call into question the integrity of the internal market or the historically European nature of the CAP, which should remain a truly common policy, ensuring a Union approach and a level playing field. |

Text proposed by the Commission

Amendment

(55b)

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

Amendment 730

Proposal for a regulation

Recital 55 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (55c) | In accordance with Article 208 TFEU, the Union and Member States should ensure that development cooperation objectives are taken into account in all CAP interventions, and respect the right to food as well as the right to development. Member States should also ensure that CAP Strategic Plans contribute to the maximum extent possible to the timely achievement of the goals set in the 2030 Agenda for Sustainable Development and in the Paris Agreement, as well as of the objectives of the European Green Deal, the Union's environmental and climate commitments and applicable legislation adopted by the European Parliament and the Council on the basis of the Farm to Fork Strategy and the Biodiversity Strategy. |

Text proposed by the Commission

Amendment

(55c)

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

Amendment 52

Proposal for a regulation

Recital 56

| Text proposed by the Commission | Amendment |
| --- | --- |
| (56) | In the process of development of their CAP Strategic Plans, Member States should analyse their specific situation and needs, set targets linked to the achievement of the objectives of the CAP and design the interventions which will allow reaching these targets, while being adapted to the national and specific regional contexts, including the outermost regions pursuant to Article 349 TFEU. Such process should promote more subsidiarity within a common Union framework, while compliance with the general principles of Union law and the objectives of the CAP should be ensured. It is therefore appropriate to set rules on the structure and content of the CAP Strategic Plans. |

Text proposed by the Commission

Amendment

(56)

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

| (56) | In the process of development of their CAP Strategic Plans, Member States should analyse their specific situation and needs, set targets
  that are realistic,
  linked to the achievement of the objectives of the CAP and design the interventions which will allow reaching these targets
  while providing certainty for the final beneficiaries,
  while being adapted to the national and specific regional contexts, including the outermost regions pursuant to Article 349 TFEU. Such process should promote more subsidiarity within a common Union framework, while compliance with the general principles of Union law and the objectives of the CAP should be ensured. It is therefore appropriate to set rules on the structure and content of the CAP Strategic Plans.
  In order to ensure that the setting of targets by Member States and that the design of interventions is appropriate and maximises the contribution to the objectives of the CAP, and while the commonality of the policy is secured, it is necessary to base the strategy of the CAP Strategic Plans on a prior analysis of the local contexts and an assessment of needs in relation to the objectives of the CAP. In proceeding with CAP Strategic Plans, it is necessary to ensure the involvement of farmers and farmers' organisations. |
| --- | --- |

(56)

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

Amendment 53

Proposal for a regulation

Recital 57

| Text proposed by the Commission | Amendment |
| --- | --- |
| (57) | In order to ensure that the setting of targets by Member States and that the design of interventions is appropriate and maximises the contribution to the objectives of the CAP, it is necessary to base the strategy of the CAP Strategic Plans on a prior analysis of the local contexts and an assessment of needs in relation to the objectives of the CAP. |

Text proposed by the Commission

Amendment

(57)

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

| (57) | It is also important that the CAP strategic plans can adequately reflect changes in Member States’ conditions, structures (both internal and external) and market situations and that they can, therefore, be adjusted over time to reflect them. |
| --- | --- |

(57)

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

Amendment 54

Proposal for a regulation

Recital 58

| Text proposed by the Commission | Amendment |
| --- | --- |
| (58) | The CAP Strategic Plans should aim to ensure enhanced coherence across the multiple tools of the CAP, since it should cover types of interventions in the form of direct payments, sectoral types of interventions and types of interventions for rural development. They should also ensure and demonstrate the alignment and appropriateness of the choices made by Member States to the Union priorities and objectives. It is therefore appropriate that they contain a result-oriented intervention strategy structured around the specific objectives of the CAP, including quantified targets in relation to these objectives. In order to allow their monitoring
  on an annual basis,
  it is appropriate that these targets are based on result indicators. |

Text proposed by the Commission

Amendment

(58)

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

| (58) | The CAP Strategic Plans should aim to ensure enhanced coherence across the multiple tools of the CAP, since it should cover types of interventions in the form of direct payments, sectoral types of interventions and types of interventions for rural development. They should also ensure and demonstrate the alignment and appropriateness of the choices made by Member States to the Union priorities and objectives. It is therefore appropriate that they contain a result-oriented intervention strategy structured around the specific objectives of the CAP, including quantified targets in relation to these objectives. In order to allow their monitoring it is appropriate that these targets are based on result indicators. |
| --- | --- |

(58)

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

Amendment 800

Proposal for a regulation

Recital 58 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (58a) | The existing knowledge base, in terms of the quantity and quality of available information, varies considerably for the purposes of monitoring the specific objectives set out in Article 6 of this Regulation. For some specific objectives, in particular for monitoring biodiversity, the knowledge base is currently weak or insufficiently adapted for the purposes of creating robust impact indicators, such as for pollinators and crop biodiversity. Specific objectives and indicators set for the Union as a whole in Article 6 and Annex I respectively should be based on a shared or comparable knowledge base and methodologies in all Member States. The Commission should identify areas where knowledge gaps exist or where the knowledge base is insufficiently adapted for the purposes of monitoring the impact of the CAP. It should use the Union budget to provide a common response to knowledge-related and monitoring obstacles related to all Article 6 specific objectives and indicators. It should draw up a report on this issue and make its findings public. |

Text proposed by the Commission

Amendment

(58a)

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

Amendment 801

Proposal for a regulation

Recital 59

| Text proposed by the Commission | Amendment |
| --- | --- |
| (59) | The strategy should also highlight complementarity both between CAP tools and with
  the
  other Union policies. In particular, each CAP Strategic Plan should take account of environmental and climate legislation
  where appropriate
  , and national plans emanating from this legislation should be described as part of the analysis of the current situation (‘SWOT analysis’). It is appropriate to list the legislative instruments which should specifically be referred to in the CAP Strategic Plan. |

Text proposed by the Commission

Amendment

(59)

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

| (59) | The strategy should also highlight complementarity both between CAP tools and with other Union policies
  including cohesion
  . In particular, each CAP Strategic Plan should take account of environmental and climate legislation
  , the Union’s commitments to Policy Coherence for Development
  , and national plans emanating from this legislation should be described as part of the analysis of the current situation (‘SWOT analysis’). It is appropriate to list the legislative instruments which should specifically be referred to in the CAP Strategic Plan. |
| --- | --- |

(59)

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

Amendment 55

Proposal for a regulation

Recital 59 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (59a) | Since the income support scheme plays a major role in guaranteeing the economic viability of farms, it is appropriate to take into account the social impacts, which the CAP has on providing jobs in rural areas. For that reason the Member States should also take into account in the planning of their Strategic Plans the employment impact which an establishment will have on a specific area. Measures and activities which create more employment opportunities should be given priority when drafting and implementing the respective policy tools. |

Text proposed by the Commission

Amendment

(59a)

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

Amendment 56

Proposal for a regulation

Recital 60

| Text proposed by the Commission | Amendment |
| --- | --- |
| (60) | Considering that flexibility should be accorded to Member States as regards the choice of delegating part of the implementation of the CAP Strategic Plan at regional level
  on the basis of a
  national framework, in order to facilitate co-ordination among the regions in addressing nation-wide challenges, it is appropriate that the CAP Strategic Plans provide a description of the interplay between national and regional interventions. |

Text proposed by the Commission

Amendment

(60)

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

| (60) | Considering that flexibility should be accorded to Member States as regards the choice of delegating part of the
  design and
  implementation of the CAP Strategic Plan at regional level
  through rural development intervention programmes in line with the
  national framework, in order to facilitate co-ordination among the regions in addressing nation-wide challenges, it is appropriate that the CAP Strategic Plans provide a description of the interplay between national and regional interventions. |
| --- | --- |

(60)

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

Amendment 802

Proposal for a regulation

Recital 68 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (68a) | Water is an essential production factor for agriculture. Water management is therefore a fundamental issue, and better forms of water management are required. In addition, climate change will have a significant impact on water resources, with more frequent and intense periods of drought as well as periods of heavy precipitation. Storing water during autumn and winter is a common-sense solution. In addition, bodies of water help to create favourable environments for rich biodiversity. They also make it possible to maintain living soils and sufficient flow in waterways, thus encouraging aquatic life. |

Text proposed by the Commission

Amendment

(68a)

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

Amendment 57

Proposal for a regulation

Recital 69

| Text proposed by the Commission | Amendment |
| --- | --- |
| (69) | A Managing Authority should be responsible for the management and implementation of each CAP Strategic Plan. Its duties should be specified in this Regulation. The Managing Authority should be able to delegate part of its duties while retaining responsibility for the efficiency and correctness of management. Member States should ensure that in the Management and Implementation of CAP Strategic Plans, the financial interests of the Union are protected, in accordance with [Regulation (EU, Euratom) X] of the European Parliament and the Council [the new Financial Regulation] and Regulation (EU) X of the European Parliament and the Council [the new Horizontal Regulation]. |

Text proposed by the Commission

Amendment

(69)

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

| (69) | A Managing Authority should be responsible for the management and implementation of each CAP Strategic Plan
  . However, where elements relating to rural development policy are dealt with on a regional basis, Member States should be able to establish regional managing authorities
  .
  Their
  duties should be specified in this Regulation. The
  managing authorities
  should be able to delegate part of its duties while retaining responsibility for the efficiency and correctness of management. Member States should ensure that in the Management and Implementation of CAP Strategic Plans, the financial interests of the Union are protected, in accordance with [Regulation (EU, Euratom) X] of the European Parliament and the Council [the new Financial Regulation] and Regulation (EU) X of the European Parliament and the Council [the new Horizontal Regulation]. |
| --- | --- |

(69)

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

Amendment 58

Proposal for a regulation

Recital 70

| Text proposed by the Commission | Amendment |
| --- | --- |
| (70) | In accordance with the principle of shared management, the Commission is assisted by committees formed by Member States representatives in the implementation of the CAP. With a view to simplifying the system and streamlining the position of Member States, only one Monitoring Committee is established for the implementation of this Regulation, merging the ‘Rural Development’ Committee and the ‘Direct Payments’ Committee, which were established under the 2014-2020 programming period. The responsibility to assist Member States in the implementation of the CAP Strategic Plans is shared between the Managing Authority and this Monitoring Committee. The Commission should also be assisted by the ‘Common Agricultural Policy’ Committee, in accordance with the provisions laid down by this Regulation. |

Text proposed by the Commission

Amendment

(70)

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

| (70) | In accordance with the principle of shared management, the Commission is assisted by committees formed by Member States representatives in the implementation of the CAP. With a view to simplifying the system and streamlining the position of Member States, only one Monitoring Committee is established for the implementation of this Regulation, merging the ‘Rural Development’ Committee and the ‘Direct Payments’ Committee, which were established under the 2014-2020 programming period. The responsibility to assist Member States in the implementation of the CAP Strategic Plans is shared between the Managing Authority and this Monitoring Committee.
  However, where elements relating to rural development policy are dealt with on a regional basis, Member States should be able to establish regional monitoring committees.
  The Commission should also be assisted by the ‘Common Agricultural Policy’ Committee, in accordance with the provisions laid down by this Regulation. |
| --- | --- |

(70)

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

Amendment 59

Proposal for a regulation

Recital 71

| Text proposed by the Commission | Amendment |
| --- | --- |
| (71) | The EAFRD should support through technical assistance, at the initiative of the Commission, actions relating to the fulfilment of the tasks referred to in [Article 7 HzR]. Technical assistance may also be provided, at the initiative of Member States, for the purpose of the fulfilment of the tasks necessary for the effective administration and implementation of support in relation to the CAP Strategic Plan. An increase of the technical assistance at the initiative of Member States is only available for Malta. |

Text proposed by the Commission

Amendment

(71)

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

| (71) | The EAFRD should support through technical assistance, at the initiative of the Commission, actions relating to the fulfilment of the tasks referred to in [Article 7 HzR]. Technical assistance may also be provided, at the initiative of Member States, for the purpose of the fulfilment of the tasks necessary for the effective administration and implementation of support in relation to the CAP Strategic Plan. An increase of the technical assistance at the initiative of Member States is only available for
  Luxembourg and
  Malta. |
| --- | --- |

(71)

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

Amendments 60 and 803

Proposal for a regulation

Recital 74

| Text proposed by the Commission | Amendment |
| --- | --- |
| (74) | The result-orientation triggered by the delivery model requires a strong performance framework, particularly since CAP Strategic Plans would contribute to broad general objectives for other shared managed policies. A performance-based policy implies
  annual and multi-annual assessment
  on the basis of selected outputs, result and impact indicators, as defined in the performance monitoring and evaluation framework. To this end, a limited and targeted set of indicators should be selected in a way which reflects as closely as possible whether the supported intervention contributes to achieving the envisaged objectives. Result and output indicators relating to climate- and environment-related objectives
  may
  include interventions set out in national environmental and climate-planning instruments emanating from Union legislation. |

Text proposed by the Commission

Amendment

(74)

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

| (74) | The result-orientation triggered by the delivery model requires a strong performance framework, particularly since CAP Strategic Plans would contribute to broad general objectives for other shared managed policies. A performance-based policy implies
  assessments
  on the basis of selected outputs, result and impact indicators, as defined in the performance monitoring and evaluation framework. To this end, a limited and targeted set of indicators should be selected in a way which reflects as closely as possible whether the supported intervention contributes to achieving the envisaged objectives. Result and output indicators relating to climate- and environment-related objectives
  , such as water quality and quantity, should
  include interventions set out in national environmental and climate-planning instruments emanating from Union legislation. |
| --- | --- |

(74)

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

Amendment 61

Proposal for a regulation

Recital 75

| Text proposed by the Commission | Amendment |
| --- | --- |
| (75) | As part of the performance, monitor and evaluation framework, Member States should monitor and report
  annually to the Commission
  on the progress made. The information provided by the Member States are the basis on which the Commission should report on the progress towards the achievement of specific objectives over the whole programming period using for this purpose a core set of indicators. |

Text proposed by the Commission

Amendment

(75)

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

| (75) | As part of the performance, monitor and evaluation framework, Member States should monitor and report on the progress made. The information provided by the Member States are the basis on which the Commission should report on the progress towards the achievement of specific objectives over the whole programming period using for this purpose a core set of indicators. |
| --- | --- |

(75)

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

Amendment 62

Proposal for a regulation

Recital 76

| Text proposed by the Commission | Amendment |
| --- | --- |
| (76) | Mechanisms should be in place to take action to protect the Union’s financial interests in case the CAP Strategic Plan implementation deviates significantly from the targets set. Member States may thus be asked to submit action plans in case of significant and non-justified underperformance. This could lead to suspensions and, in the end, reductions of the Union funds if the planned results are not achieved.
  Moreover, an overall performance bonus is established as part of the incentive mechanism based on allocating the performance bonus, in view of encouraging good environmental and climate performances. |

Text proposed by the Commission

Amendment

(76)

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

| (76) | Mechanisms should be in place to take action to protect the Union’s financial interests in case the CAP Strategic Plan implementation deviates significantly from the targets set. Member States may thus be asked to submit action plans in case of significant and non-justified underperformance. This could lead to suspensions and, in the end, reductions of the Union funds if the planned results are not achieved. |
| --- | --- |

(76)

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

Amendment 1144

Proposal for a regulation

Recital 78 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (78a) | The assessment described in Article 106 should be undertaken on the basis of the quantified targets of the Farm to Fork Strategy and the Biodiversity Strategy. |

Text proposed by the Commission

Amendment

(78a)

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

Amendment 63

Proposal for a regulation

Recital 80 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (80a) | Trade agreements signed with third countries relating to the agricultural sector should provide for arrangements and contain safeguard clauses to ensure a level playing field between Union and non-Union farmers and to protect consumers. |

Text proposed by the Commission

Amendment

(80a)

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

Amendment 64

Proposal for a regulation

Recital 81

| Text proposed by the Commission | Amendment |
| --- | --- |
| (81) | Personal data collected for the purposes of the application of any provision enshrined in this Regulation should be processed in a way that is compatible with those purposes. It should also be made anonymous, be aggregated when processed for monitoring or evaluation purposes, and be protected in accordance with Union law concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Regulation
  (EC) No 45/2001
  of the European Parliament and of the Council (19) and Regulation (EU) 2016/679 of the European Parliament and of the Council (20). Data subjects should be informed of such processing and of their data protection rights. |

Text proposed by the Commission

Amendment

(81)

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

| (81) | Personal data collected for the purposes of the application of any provision enshrined in this Regulation should be processed in a way that is compatible with those purposes. It should also be made anonymous, be aggregated when processed for monitoring or evaluation purposes, and be protected in accordance with Union law concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Regulation
  (EU) 2018/1725
  of the European Parliament and of the Council (19) and Regulation (EU) 2016/679 of the European Parliament and of the Council (20). Data subjects should be informed of such processing and of their data protection rights. |
| --- | --- |

(81)

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

Amendment 65

Proposal for a regulation

Recital 83

| Text proposed by the Commission | Amendment |
| --- | --- |
| (83) | In order to ensure legal certainty, protect the rights of farmers and guarantee a smooth, coherent and efficient functioning of types of interventions in the form of direct payments, the power to adopt certain acts should be delegated to the Commission in respect of rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content; rules for good agricultural and environmental condition and certain related elements in respect of the eligibility requirements;
  and on the content of the declaration and the requirements for the activation of payment entitlements; further rules on eco-schemes;
  measures to avoid that beneficiaries of coupled income support suffering from structural market imbalances in a sector, including the decision that such support may continue to be paid until 2027 on the basis of the production units for which it was granted in a past reference period; rules and conditions for the authorisation of land and varieties for the purposes of the crop-specific payment for cotton and rules on the conditions for the granting of that payment. |

Text proposed by the Commission

Amendment

(83)

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

| (83) | In order to ensure legal certainty, protect the rights of farmers and guarantee a smooth, coherent and efficient functioning of types of interventions in the form of direct payments, the power to adopt certain acts should be delegated to the Commission in respect of rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content; rules for good agricultural and environmental condition and certain related elements in respect of the eligibility requirements
  establishment of criteria for the determination of equivalent measures and the appropriate requirements applicable to the national or regional certification schemes; establishment of a catalogue of examples of agricultural practices beneficial for the climate, the environment and animal welfare;
  measures to avoid that beneficiaries of coupled income support suffering from structural market imbalances in a sector, including the decision that such support may continue to be paid until 2027 on the basis of the production units for which it was granted in a past reference period; rules and conditions for the authorisation of land and varieties for the purposes of the crop-specific payment for cotton and rules on the conditions for the granting of that payment. |
| --- | --- |

(83)

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

Amendment 66

Proposal for a regulation

Recital 84

| Text proposed by the Commission | Amendment |
| --- | --- |
| (84) | In order to ensure that sectoral types of interventions contribute to the CAP objectives and reinforce synergies with other CAP instruments and in order to ensure a level playing field in the internal market and avoid unequal or unfair competition, the power to adopt certain acts should be delegated to the Commission in respect of criteria for the approval of inter-branch organisations and rules governing the situation where the approved inter-branch organisation does not satisfy such criteria and obligations for producers; rules for the proper functioning of sectoral types of interventions, the basis for the calculation of Union financial assistance, including the reference periods and the calculation of the value of marketed production, and the maximum level of Union financial assistance for market withdrawals; rules for the fixing of a ceiling for expenditure on the replanting of vineyards;
  and
  rules under which producers are to withdraw the by-products of winemaking, and on exceptions to that obligation in order to avoid additional administrative burden and rules for the voluntary certification of distillers. In particular, in order to ensure the effective and efficient use of Union funds for interventions in the apiculture sector, the power to adopt certain acts should be delegated to the Commission in respect of additional requirements concerning the notification obligation and the establishment of a minimum Union contribution to the expenditure to implement those types of interventions. |

Text proposed by the Commission

Amendment

(84)

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

| (84) | In order to ensure that sectoral types of interventions contribute to the CAP objectives and reinforce synergies with other CAP instruments and in order to ensure a level playing field in the internal market and avoid unequal or unfair competition, the power to adopt certain acts should be delegated to the Commission in respect of criteria for the approval of inter-branch organisations and rules governing the situation where the approved inter-branch organisation does not satisfy such criteria and obligations for producers; rules for the proper functioning of sectoral types of interventions the basis for the calculation of Union financial assistance, including the reference periods and the calculation of the value of marketed production, and the maximum level of Union financial assistance for market withdrawals; rules for the fixing of a ceiling for expenditure on the replanting of vineyards; rules under which producers are to withdraw the by-products of winemaking, and on exceptions to that obligation in order to avoid additional administrative burden and rules for the voluntary certification of distillers
  and rules relating to the performance, monitoring and evaluation framework. The Commission should be empowered to adopt delegated acts regarding temporary derogations on conditionality rules during very adverse conditions such as catastrophic events or epidemics. The Commission should also be empowered to determine equivalent practices to agricultural and environmental practices and national or regional environmental certification schemes
  . In particular, in order to ensure the effective and efficient use of Union funds for interventions in the apiculture sector, the power to adopt certain acts should be delegated to the Commission in respect of additional requirements concerning the notification obligation and the establishment of a minimum Union contribution to the expenditure to implement those types of interventions.
  With a view to drawing up the CAP strategic plans, the power to adopt certain acts should be delegated to the Commission to set out a code of conduct in the organisation of a partnership between the Member State and the competent regional and local authorities as well as other partners. |
| --- | --- |

(84)

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

Amendment 67

Proposal for a regulation

Recital 85

| Text proposed by the Commission | Amendment |
| --- | --- |
| (85) | In order to ensure legal certainty and to guarantee that interventions for rural development achieve their objectives, the power to adopt certain acts should be delegated to the Commission in respect of
  support for management commitments, for investments and for cooperation. |

Text proposed by the Commission

Amendment

(85)

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

| (85) | In order to ensure legal certainty and to guarantee that interventions for rural development achieve their objectives, the power to adopt certain acts should be delegated to the Commission in respect of
  supplementing the minimum and maximum amounts of support for certain types of interventions. |
| --- | --- |

(85)

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

Amendment 68

Proposal for a regulation

Recital 86

| Text proposed by the Commission | Amendment |
| --- | --- |
| (86) | In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the Member States’ allocations for types of interventions in the form of direct payments
  and rules on the content of the CAP Strategic Plan
  . |

Text proposed by the Commission

Amendment

(86)

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

| (86) | In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the Member States’ allocations for types of interventions in the form of direct payments. |
| --- | --- |

(86)

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

Amendment 69

Proposal for a regulation

Recital 87

| Text proposed by the Commission | Amendment |
| --- | --- |
| (87) | In order to ensure uniform conditions for the implementation of this Regulation and to avoid unfair competition or discrimination between farmers, implementing powers should be conferred on the Commission as regards the fixing of reference areas for the support for oilseeds, rules for the authorisation of land and varieties for the purposes of the crop-specific payment for cotton and related notifications, the calculation of the reduction where the eligible area of cotton exceeds the base area, the Union financial assistance for distillation of by-products of wine-making, the annual breakdown by Member State of the total amount of Union support for types of interventions for rural development,
  rules on the presentation of the elements to be included in the CAP Strategic Plan,
  rules on the procedure and time limits for the approval of CAP Strategic Plans and the submission and approval of requests for amendment of CAP Strategic Plans, uniform conditions for the application of the information and publicity requirements relating to the possibilities offered by the CAP Strategic Plans,
  rules relating to the performance, monitoring and evaluation framework,
  rules for the presentation of the content of the annual performance report,
  rules on the information to be sent by the Member States for the performance assessment by the Commission and rules on the data needs and synergies between potential data sources, and arrangements to ensure a consistent approach for determining the attribution of the performance bonus to Member States.
  Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. (22). |

Text proposed by the Commission

Amendment

(87)

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

| (87) | In order to ensure uniform conditions for the implementation of this Regulation and to avoid unfair competition or discrimination between farmers, implementing powers should be conferred on the Commission as regards the fixing of reference areas for the support for oilseeds, rules for the authorisation of land and varieties for the purposes of the crop-specific payment for cotton and related notifications, the calculation of the reduction where the eligible area of cotton exceeds the base area, the Union financial assistance for distillation of by-products of wine-making, the annual breakdown by Member State of the total amount of Union support for types of interventions for rural development,
  standardised form of the CAP strategic plans,
  rules on the procedure and time limits for the approval of CAP Strategic Plans and the submission and approval of requests for amendment of CAP Strategic Plans, uniform conditions for the application of the information and publicity requirements relating to the possibilities offered by the CAP Strategic Plans, rules for the presentation of the content of the annual performance report. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (22). |
| --- | --- |

(87)

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

Amendment 70

Proposal for a regulation

Recital 92 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (92a) | The Union’s island regions face specific difficulties in carrying out agricultural activities and developing rural areas. An assessment of the impact of the CAP should be carried out in those regions and the idea of extending the measures laid down in Regulation (EU) No 229/2013 of the European Parliament and of the Council to all the island regions in the Union should be explored. |

Text proposed by the Commission

Amendment

(92a)

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

Amendment 71

Proposal for a regulation

Recital 93

| Text proposed by the Commission | Amendment |
| --- | --- |
| (93) | In order to ensure legal certainty and continuity, the special provisions for Croatia concerning the gradual introduction of direct payments and complementary national direct payments in the framework of the phasing-in mechanism should continue to apply
  until 1 January 2021
  . |

Text proposed by the Commission

Amendment

(93)

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

| (93) | In order to ensure legal certainty and continuity, the special provisions for Croatia concerning the gradual introduction of direct payments and complementary national direct payments in the framework of the phasing-in mechanism should continue to apply
  . Croatia will be entitled to an amount in accordance with the Accession Treaty in 2022, including an additional envelope for the national reserve for demined land in Croatia, and that right should be included in the calculation of the national envelope for 2022
  . |
| --- | --- |

(93)

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

Amendment 72

Proposal for a regulation

Article 1 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | types of interventions and common requirements for Member States to pursue these objectives as well as the related financial arrangements; |

Text proposed by the Commission

Amendment

(b)

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

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

(b)

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

Amendment 73

Proposal for a regulation

Article 1 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | CAP Strategic Plans to be drawn up by Member States, setting targets, defining interventions and allocating financial resources, in line with the specific objectives and identified needs; |

Text proposed by the Commission

Amendment

(c)

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

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

(c)

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

Amendment 74

Proposal for a regulation

Article 1 — paragraph 2

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


  to 31 December 2027
  . | 2.   This Regulation applies to Union support financed by the EAGF and the EAFRD for interventions specified in a CAP Strategic Plan drawn up by the Member States and approved by the Commission, covering the period from 1 January
  2022
  . |

Text proposed by the Commission

Amendment

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


  to 31 December 2027
  .

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

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 2

Article 2 — paragraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point a

Article 3 — paragraph 1 — point a

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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

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

(a)

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

in accordance with good farming practice

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | ‘public goods’ means goods or services that are not remunerated by the market and deliver environmental and societal outcomes above the statutory environmental, climate, and animal welfare legislation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

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

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

Amendment 78

Amendment 78

Proposal for a regulation

Proposal for a regulation

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

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

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(bb)

(bb)

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

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

Amendment 79

Amendment 79

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point e

Article 3 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | ‘mutual fund’ means a scheme accredited by the Member State in accordance with its national law for affiliated farmers to
  insure themselves, whereby compensation payments are made to affiliated farmers who experience
  economic losses. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

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

insure themselves, whereby compensation payments are made to affiliated farmers who experience

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

(e)

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

make provision against risks and to receive compensation payments in the event of

or a fall in income;

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point f — point i

Article 3 — paragraph 1 — point f — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | a project, contract, action or group of projects selected under the
  programs
  concerned; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

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

programs

| (i) | a project, contract, action or group of projects selected under the
  strategic plan
  concerned; |
| --- | --- |

(i)

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

strategic plan

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point f — point ii

Article 3 — paragraph 1 — point f — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | in the context of financial instruments, a 
  program
  contribution to a financial instrument and the subsequent financial support provided to final recipients by that financial instrument; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

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

program

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

(ii)

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

strategic plan

Amendment 82

Amendment 82

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point h — point i

Article 3 — paragraph 1 — point h — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | a public or private law body, an entity with or without legal personality
  or
  a natural person, responsible for initiating or both initiating and implementing operations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

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

or

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

(i)

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

or a group of natural or legal persons

Amendment 83

Amendment 83

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point h — point ii

Article 3 — paragraph 1 — point h — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | in the context of State aid schemes, the
  body
  which receives the aid; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

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

body

| (ii) | in the context of state aid schemes, the
  entity
  which receives the aid; |
| --- | --- |

(ii)

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

entity

Amendment 84

Amendment 84

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point i

Article 3 — paragraph 1 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | ‘targets’ means pre-agreed values to be achieved
  at
  the end of the period in relation to the result indicators included under a specific objective; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

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

at

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

(i)

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

by

of the CAP Strategic Plan

Amendment 85

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point j

Article 3 — paragraph 1 — point j

| Text proposed by the Commission | Amendment |
| --- | --- |
| (j) | ‘milestones’ means intermediate targets to be achieved at a given point in time during the CAP Strategic Plan period in relation to the indicators included under a specific objective. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(j)

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

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

(j)

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

by a Member State

the CAP

to ensure timely progress

results

Amendments 86 and 1148cp1

Amendments 86 and 1148cp1

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — introductory part

Article 4 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall provide in their CAP Strategic Plan the definitions of agricultural activity, agricultural area, eligible hectare,
  genuine
  farmer
  and
  young farmer: | 1.   Member States shall provide in their CAP Strategic Plan the definitions of agricultural activity, agricultural area, eligible hectare,
  active
  farmer, young farmer
  and new farmer
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendments 866 and 1185

Amendments 866 and 1185

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point a

Article 4 — paragraph 1 — point a

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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

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

(a)

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

and paludiculture

, including in agroforestry

Amendments 87 and 1148cp2

Amendments 87 and 1148cp2

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point b — introductory part

Article 4 — paragraph 1 — point b — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | ‘agricultural area’ shall be defined in a way that it is composed of arable land, permanent crops and permanent grassland. The terms ‘arable land’, ‘permanent crops’ and ‘permanent grassland’ shall be further specified by Member States within the following framework: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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

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

(b)

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

and agroforestry systems. Landscape features shall be included as components of the agricultural area

’ and ‘agroforestry systems

Amendment 1148cp3

Amendment 1148cp3

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point b — point i

Article 4 — paragraph 1 — point b — point i

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

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

28

29

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

(i)

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

, and it may include a combination of crops with trees/ and/or shrubs to form silvoarable agroforestry systems

28

29

Amendment 1148cp4

Amendment 1148cp4

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point b — point ii

Article 4 — paragraph 1 — point b — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | ‘permanent crops’ shall be non-rotational crops other than permanent grassland and permanent pasture that occupy the land for five years or more, which yield repeated harvests, including nurseries and short rotation coppice; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

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

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

(ii)

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

, including those in planters lined with plastic (if the Member State makes provision for this),

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

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

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point b — point iii

Article 4 — paragraph 1 — point b — point iii

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii)

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

shall be land

| (iii) | ‘permanent grassland and permanent pasture’ (together referred to as ‘permanent grassland’)
  means land
  used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown)
  and that has not been included in the crop rotation of the holding for five years or more, as well as, where Member States so decide, that has not been ploughed up for five years or more;
  it may include other species such as shrubs and/or trees which can be grazed or
  and, where Member States so decide, other species such as shrubs and/or trees which
  produce animal feed
  , provided that the grasses and other herbaceous forage remain predominant. If Member States so decide, a crop rotation shall also be the change of the species of green fodder if the new sowing consists of a different mixture of species compared to the previous sowing.



  Member States may also decide to consider as permanent grassland:









  (i) | land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas
  ;
  and/or |
| --- | --- | --- |

(iii)

‘permanent grassland and permanent pasture’ (together referred to as ‘permanent grassland’)
  means land
  used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown)
  and that has not been included in the crop rotation of the holding for five years or more, as well as, where Member States so decide, that has not been ploughed up for five years or more;
  it may include other species such as shrubs and/or trees which can be grazed or
  and, where Member States so decide, other species such as shrubs and/or trees which
  produce animal feed
  , provided that the grasses and other herbaceous forage remain predominant. If Member States so decide, a crop rotation shall also be the change of the species of green fodder if the new sowing consists of a different mixture of species compared to the previous sowing.

means land

and that has not been included in the crop rotation of the holding for five years or more, as well as, where Member States so decide, that has not been ploughed up for five years or more;

and, where Member States so decide, other species such as shrubs and/or trees which

, provided that the grasses and other herbaceous forage remain predominant. If Member States so decide, a crop rotation shall also be the change of the species of green fodder if the new sowing consists of a different mixture of species compared to the previous sowing.

Member States may also decide to consider as permanent grassland:

(i)

(i)

land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas
  ;
  and/or

land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas

and/or

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

(ii)

(ii)

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

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

Amendments 90 and 1148cp8

Amendments 90 and 1148cp8

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iiia) | ‘agroforestry systems’ means land use systems in which trees are grown on the same land as where agricultural practices are carried out; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iiia)

(iiia)

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

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

Amendment 1148cp9

Amendment 1148cp9

Proposal for a regulation

Proposal for a regulation

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

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

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iiib)

(iiib)

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

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

Amendment s 91 and 1148cp10

Amendment s 91 and 1148cp10

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point c — introductory part

Article 4 — paragraph 1 — point c — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | for the purpose of types of interventions in the form of direct payments, ‘eligible hectare’ shall be defined in a way that it includes any agricultural area of the holding: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

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

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

(c)

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

, including mobile or stationary temporary technical installations, in particular internal farm tracks and water troughs, as well as silage bales and rewetted areas used for paludiculture

Amendments 1148cp11 and 1148cp12

Amendments 1148cp11 and 1148cp12

Proposal for a regulation

Proposal for a regulation

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

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

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

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

second

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

(i)

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

, biodiversity and climate related

third

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

(ia)

(ia)

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

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

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

(ii)

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

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

(ii)

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

any area of the holding

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

—

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

no longer complies with the definition of

set out in

(a) of Regulation (EU) No 1307/2013 as a result of the implementation of Directives 92/43/EEC and 2009/147/EC or Directive 2000/60/EC;

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

—

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

is not an

as defined by Member States on the basis of sub-point (i) and (ia) of this

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

—

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

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

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

—

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

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

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

—

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

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

—

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

Member States may set appropriate conditions to include land afforestation by way of private or national funding contributing to one or more of the specific environmental-,biodiversity- and climate-related objectives.

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

—

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

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

—

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

Amendments 93 and 1148cp13

Amendments 93 and 1148cp13

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point c — subparagraph 2

Article 4 — paragraph 1 — point c — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Areas used for the production of hemp shall only be eligible hectares if the varieties used have a tetrahydrocannabinol content not exceeding
  0,2
  %; | Areas used for the production of hemp shall only be eligible hectares if the varieties used have a tetrahydrocannabinol content not exceeding
  0,3
  %; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

0,2

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

0,3

Amendment 1148cp14

Amendment 1148cp14

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point d

Article 4 — paragraph 1 — point d

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

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

genuine

in

no

those whose

activity forms only an insignificant part of their overall economic activities or whose principal business activity is not agricultural

allow to determine which farmers are not considered genuine

, based on conditions such as income tests, labour inputs on the farm, company object and/or inclusion in registers

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


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



  Where a holding that benefits from CAP payments is part of a larger, primarily non-agricultural structure, this must be transparent.


  When formulating the definition, Member States shall:









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

(d)

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

‘active

in such

as

only

natural or legal persons, or to groups of natural or legal persons, engaging in at least a minimum level of

and providing public goods in accordance with the objectives of the CAP Strategic Plan

particularly part-time farmers, semi-subsistence farmers and high nature value farming.

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

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

Where a holding that benefits from CAP payments is part of a larger, primarily non-agricultural structure, this must be transparent.

When formulating the definition, Member States shall:

(i)

(i)

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

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

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

(ii)

(ii)

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

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

Amendments 95 and 1148cp15

Amendments 95 and 1148cp15

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point e — introductory part

Article 4 — paragraph 1 — point e — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | ‘young farmer’ shall be defined in a way that it includes: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

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

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

(e)

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

an age limit of 40 years old and

Amendments 96 and 1148cp16

Amendments 96 and 1148cp16

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point e — point i

Article 4 — paragraph 1 — point e — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | a maximum age limit that may not exceed 40 years; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

(i)

a maximum age limit that may not exceed 40 years;

a maximum age limit that may not exceed 40 years;

deleted

deleted

Amendments 97 and 1148cp16

Amendments 97 and 1148cp16

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point e — point iii

Article 4 — paragraph 1 — point e — point iii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iii) | the appropriate training and/or skills
  required
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii)

the appropriate training and/or skills
  required
  .

required

| (iii) | the appropriate training and/or skills. |
| --- | --- |

(iii)

the appropriate training and/or skills.

Amendments 98 and 1148cp16

Amendments 98 and 1148cp16

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | When evaluating compliance with the conditions for being head of the holding, Member States shall take into account the specificities of partnership arrangements. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendments 99 and 1148cp16

Amendments 99 and 1148cp16

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | ‘new farmer’ shall be defined in such a way that it includes:










  (i) | the conditions for being ‘head of the holding’; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ea)

(ea)

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

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

(i)

(i)

the conditions for being ‘head of the holding’;

the conditions for being ‘head of the holding’;

| (ii) | the appropriate training and/or skills; |
| --- | --- |

(ii)

(ii)

the appropriate training and/or skills;

the appropriate training and/or skills;

| (iii) | an age limit over 40 years old. |
| --- | --- |

(iii)

(iii)

an age limit over 40 years old.

an age limit over 40 years old.

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

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

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2

Article 4 — paragraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendments 101 and 1149cp1

Amendments 101 and 1149cp1

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1 — introductory part

Article 5 — paragraph 1 — introductory part

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

In conjunction with the objectives of the CAP set out in Article 39 TFEU,

in the economic, environmental and social spheres

Amendments 102 and 1149cp1

Amendments 102 and 1149cp1

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1 — point a

Article 5 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | to foster a 
  smart
  , resilient and diversified agricultural sector ensuring food security; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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

smart

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

(a)

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

modern, competitive

long-term

while safeguarding the family farm model

Amendment 1149cp2

Amendment 1149cp2

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1 — point b

Article 5 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | to
  bolster
  environmental
  care
  and climate action and to
  contribute to
  the environmental- and climate-related objectives of the Union; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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

bolster

care

contribute to

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

(b)

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

support and improve

protection, biodiversity

deliver on

Amendments 104 and 1149cp3

Amendments 104 and 1149cp3

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1 — point c

Article 5 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | to strengthen the socio-economic fabric of rural areas. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

to strengthen the socio-economic fabric of rural areas.

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

(c)

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

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

Amendments 105 and 1149cp4

Amendments 105 and 1149cp4

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2

Article 5 — paragraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

by

fostering

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

and interconnected with

ensuring that farmers have access to research, training

and knowledge transfer services

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point a

Article 6 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | support
  viable farm income and resilience across the Union to enhance food security; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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

support

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

(a)

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

ensure

of the agricultural sector

long-term

and agricultural diversity, while providing safe and high quality food at fair prices with the aim of reversing the decline in the number of farmers and ensuring the economic sustainability of agricultural production in the Union

Amendment 107

Amendment 107

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point b

Article 6 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | enhance market orientation and increase competitiveness,
  including
  greater focus on research, technology and digitalisation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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

including

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

(b)

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

, in local, national, Union as well as international markets, as well as market stabilisation, risk and crisis management,

long term farm

processing and marketing capabilities of agricultural products, with

quality differentiation,

, innovation

, knowledge transfer and exchange

, and facilitating the access of farmers to circular economy dynamics

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point c

Article 6 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | improve the farmers' position in the value
  chain
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

improve the farmers' position in the value
  chain
  ;

chain

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

(c)

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

bargaining

chains by encouraging associative forms, producer organisations and collective negotiations, as well as promoting short supply chains and improving market transparency

Amendment 1150cp1

Amendment 1150cp1

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point d

Article 6 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | contribute to climate change mitigation and adaptation, as well as sustainable energy; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

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

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

(d)

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

by reducing greenhouse gas emissions, including by enhancing carbon sinks, carbon sequestration and storage in the agriculture and food sector,

incorporating

, while ensuring food security, and sustainable management and protection of forests, in line with the Paris Agreement

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point e

Article 6 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | foster sustainable development and efficient management of natural resources such as water, soil and air; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

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

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

(e)

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

, while reducing chemical dependency with the aim of reaching the goals provided for in the relevant legislative instruments and rewarding farming practices and systems that deliver multiple environmental benefits including the halting of desertification

Amendment 1150cp3

Amendment 1150cp3

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point f

Article 6 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | contribute to the protection of biodiversity,
  enhance ecosystem services
  and preserve
  habitats and landscapes; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

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

contribute to the protection of biodiversity,

and preserve

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

(f)

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

, and contribute to halting and reversing biodiversity loss, including by protecting beneficial flora, fauna and pollinator species, by supporting agrobiodiversity, nature conservation and agroforestry, as well as contributing to greater natural resilience, restoring and preserving soils, water bodies,

, and supporting High Nature Value (HNV) farming systems

Amendments 112 and 1150cp4

Amendments 112 and 1150cp4

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point g

Article 6 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | attract young farmers
  and
  facilitate business development in rural areas; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

attract young farmers
  and
  facilitate business development in rural areas;

and

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

(g)

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

and support

, new farmers, and promoting the participation of women in the agricultural sector, particularly in the most depopulated areas and areas with natural constrains;

training and experience across the Union, sustainable

and job creation

Amendment 1150cp5

Amendment 1150cp5

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point h

Article 6 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | promote employment, growth, social inclusion
  and
  local development in rural areas
  , including bio-economy and sustainable forestry
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

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

and

, including bio-economy and sustainable forestry

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

(h)

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

social and territorial cohesion in rural areas including through

creation

and investment

, combatting rural poverty and through

, including high quality local services for rural communities, focusing in particular on areas with natural constraints; promoting decent living, working and economic conditions; diversification of activities and income, including agri-tourism, sustainable bio-economy, circular economy, sustainable management and protection of forests, while ensuring gender equality; promoting equal opportunities

through specific support measures, and recognition of women's work in agriculture, crafts, tourism and local services

Amendment 1150cp6

Amendment 1150cp6

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point i

Article 6 — paragraph 1 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | improve the response of
  EU
  agriculture to societal demands on food and health, including safe, nutritious and sustainable food, food waste, as well as
  animal welfare
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

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

EU

animal welfare

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

(i)

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

Union

, high quality

low input farming, organic agriculture, the reduction of

, combatting antimicrobial resistance and improving animal health and welfare

increasing social awareness of the importance of farmers and rural areas, while contributing to the implementation of the 2030 Agenda for Sustainable Development

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2

Article 6 — paragraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 116

Amendment 116

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — introductory part

Article 7 — paragraph 1 — subparagraph 1 — introductory part

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

and shall be based on official sources of information

Amendment 117

Amendment 117

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — point b

Article 7 — paragraph 1 — subparagraph 1 — point b

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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

included in relevant national environmental and climate-planning instruments

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

(b)

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

which contribute to the commitments

Amendment 118

Amendment 118

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — point c

Article 7 — paragraph 1 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | impact indicators related to the objectives set out in Articles 5 and 6(1) and used in the context of the CAP
  Strategic Plans and of
  the CAP. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

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

Strategic Plans and of

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

(c)

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

the Strategic Plans of

, taking into account external factors beyond

Amendment 119

Amendment 119

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Member States may break down the output indicators and result indicators laid down in Annex I into more detail in relation to particular national and regional features in their Strategic Plans. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 120

Amendment 120

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2

Article 7 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission is empowered to adopt delegated acts in accordance with Article 138 amending Annex I to adapt the common
  output, result and impact
  indicators
  to take
  into account the experience
  with their application and, where needed, to add new indicators
  . | 2.   
  The Commission shall carry out a full assessment on the effectiveness of the output, result and impact indicators laid down in Annex I by the end of the third year of application of the Strategic Plans. |
| | Following that assessment,
  the Commission is empowered to adopt delegated
  acts,
  in accordance with Article 138, amending Annex I to adapt
  , if necessary,
  the common indicators
  taking
  into account the experience
  gained during the policy implementation of this Regulation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

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

Following that assessment,

acts,

, if necessary,

taking

gained during the policy implementation of this Regulation

Amendment 121

Amendment 121

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1

Article 8 — paragraph 1

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

, and, where applicable, their regions,

Amendments 122 and 1117cp1

Amendments 122 and 1117cp1

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1

Article 9 — paragraph 1

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

, in collaboration, where applicable, with their regions,

Amendment 1104

Amendment 1104

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 a (new)

Article 9 — paragraph 1 a (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendments 123 and 1117cp2

Amendments 123 and 1117cp2

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2

Article 9 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall ensure that interventions are set out on the basis of objective and non-discriminatory criteria,
  are compatible with
  the internal market
  and do not distort competition
  . | Member States
  in collaboration, where applicable, with their regions,
  shall ensure that interventions are set out on the basis of objective and non-discriminatory criteria,
  and do not hinder the proper functioning of
  the internal market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

are compatible with

and do not distort competition

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

in collaboration, where applicable, with their regions,

and do not hinder the proper functioning of

Amendment 1117cp3

Amendment 1117cp3

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2 a (new)

Article 9 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | In the case of a legal person, or a group of natural or legal persons, Member States may decide to apply the reduction referred to in Article 15 and the supports referred to in Articles 26, 27, 29, 66, 67 and 68 as defined in their CAP strategic plans at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual active farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In the case of a legal person, or a group of natural or legal persons, Member States may decide to apply the reduction referred to in Article 15 and the supports referred to in Articles 26, 27, 29, 66, 67 and 68 as defined in their CAP strategic plans at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual active farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

In the case of a legal person, or a group of natural or legal persons, Member States may decide to apply the reduction referred to in Article 15 and the supports referred to in Articles 26, 27, 29, 66, 67 and 68 as defined in their CAP strategic plans at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual active farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

Amendments 124 and 1117cp4

Amendments 124 and 1117cp4

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3

Article 9 — paragraph 3

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

in collaboration, where applicable, with their regions,

Amendments 731 and 807

Amendments 731 and 807

Proposal for a regulation

Proposal for a regulation

Article 9 a (new)

Article 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 9a




  Sustainable development




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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 9a

Sustainable development

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

Amendment 808

Amendment 808

Proposal for a regulation

Proposal for a regulation

Article 9 b (new)

Article 9 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 9b




  Compliance with the Paris Agreement




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




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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 9b

Compliance with the Paris Agreement

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

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

Amendment 125

Amendment 125

Proposal for a regulation

Proposal for a regulation

Article 9 c (new)

Article 9 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 9c




  Integration of a gender perspective




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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 9c

Integration of a gender perspective

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

Amendment 126

Amendment 126

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph - 1 (new)

Article 10 — paragraph - 1 (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 127

Amendment 127

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 — subparagraph 1

Article 10 — paragraph 1 — subparagraph 1

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Member States shall ensure that the interventions

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

Interventions

shall

Amendment 128

Amendment 128

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2

Article 10 — paragraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

deleted

deleted

Amendment 809

Amendment 809

Proposal for a regulation

Proposal for a regulation

Article 10 a (new)

Article 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 10a |
| | Global dimension of the CAP |
| | 1.
     
  In accordance with Article 208 TFEU, the Union and Member States shall ensure that development cooperation objectives are taken into account in all CAP interventions, and respect the right to food as well as the right to development. |
| | 2.
     
  Member States shall ensure that CAP Strategic Plans contribute to the maximum extent possible to the timely achievement of the goals set in the 2030 Agenda for Sustainable Development, notably SDG 2, SDG 10, SDG 12, and SDG 13, as well as in the Paris Agreement. Therefore, CAP interventions shall: |
| | (i) | contribute to developing diversified and sustainable agriculture and resilient agro-ecological practices both in the Union and in partner countries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 10a

Article 10a

Global dimension of the CAP

Global dimension of the CAP

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

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

(i)

(i)

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

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

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

(ii)

(ii)

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

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

| (iii) | fully integrate climate change mitigation and adaptation measures. |
| --- | --- |

(iii)

(iii)

fully integrate climate change mitigation and adaptation measures.

fully integrate climate change mitigation and adaptation measures.

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

Amendment 1151cp1

Amendment 1151cp1

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 — introductory part

Article 11 — paragraph 1 — introductory part

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendments 810cp2, 887 and 1151cp2

Amendments 810cp2, 887 and 1151cp2

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 — point a

Article 11 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the climate and the environment; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the climate and the environment;

| (a) | the climate and the environment
  , including water, air, soil, biodiversity and ecosystem services
  ; |
| --- | --- |

(a)

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

, including water, air, soil, biodiversity and ecosystem services

Amendment 1151cp3

Amendment 1151cp3

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2

Article 11 — paragraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 132

Amendment 132

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2 a (new)

Article 11 — paragraph 2 a (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 732

Amendment 732

Proposal for a regulation

Proposal for a regulation

Article 11 a (new)

Article 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11a




  Principle and scope on the social conditionality





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






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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11a

Principle and scope on the social conditionality

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

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

Amendment 1128

Amendment 1128

Proposal for a regulation

Proposal for a regulation

Article 12

Article 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 12 | Article 12 |
| Obligations of Member States relating to good agricultural and environmental condition | Obligations of Member States relating to good agricultural and environmental condition |
| 1.   Member States shall ensure that all agricultural areas including land which is no longer used for production purposes,
  is
  maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land in line with the main objective of the standards as referred to in Annex III, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures. | 1.   Member States shall ensure that all agricultural areas, including land which is no longer used for production purposes,
  are
  maintained in good agricultural and environmental condition. Member States shall define,
  in consultation with all relevant stakeholders
  at national or
  , where appropriate, at
  regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land in line with the main objective of the standards as referred to in Annex III, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures
  , thus ensuring that the land contributes to the specific objectives set out in points (d), (e) and (f) of Article 6(1)
  . |
| 2.   In respect of the main objectives laid down in Annex III Member States
  may
  prescribe standards additional to those laid down in that Annex against those main objectives
  . However
  , Member States shall not define minimum standards for main objectives other than the main objectives laid down in Annex III. | 2.   In
  order to protect the commonality of the CAP and to ensure a level playing field, and
  respect of the main objectives laid down in Annex III Member States
  shall not
  prescribe standards additional to those laid down in that Annex against those main objectives
  , within the system of conditionality. In addition
  , Member States shall not define minimum standards for main objectives other than the main objectives laid down in Annex III. |
| | Member States shall provide the beneficiaries concerned, where appropriate by the use of electronic means, with the list of the requirements and standards to be applied at farm level, as well as clear and precise information thereon. |
| | 2a.
     
  Farmers satisfying the requirements laid down in Regulation (EU) 2018/848 of the European Parliament and of the Council

   (1a)

  on organic agriculture shall, in doing so, be deemed to comply with rule 8 on standards for good agricultural and environmental condition of land (GAEC) as laid down in Annex III to this Regulation. |
| | 2b.
     
  The outermost regions of the Union, defined pursuant to Article 349 TFEU, and the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013, shall be exempt from the standards of good agricultural and environmental condition of lands requirements 1, 2, 8 and 9, as laid down in Annex III to this Regulation. |
| | 2c.
     
  Farmers participating in voluntary schemes for climate and environment under Article 28 with equivalent agricultural practices to GAECs 1, 8, 9 or 10 are deemed to comply with corresponding standards for good agricultural and environmental condition of land (GAEC) as laid down in Annex III to this Regulation, provided that those schemes deliver higher level of benefit for the climate and environment in relation to GAECs 1, 8, 9 or 10. Such practices shall be assessed in accordance with Title V of this Regulation. |
| 3.
     
  Member States shall establish a system for providing the Farm Sustainability Tool for Nutrients referred to in Annex III, with the minimum content and functionalities defined therein, to beneficiaries, who shall use the Tool. | |
| The Commission may support the Member States with the design of that Tool and with data storage and processing services requirements. | |
| 4.   The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with rules
  for good agricultural and environmental condition, including establishing the
  elements of the system of the ratio of permanent grassland, the year of reference and the rate of conversion under GAEC 1 as referred to in Annex III
  , the format and additional minimum elements and functionalities of the Farm Sustainability Tool for Nutrients
  . | 4.   The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with rules
  in relation to further
  elements of the system of the ratio of permanent grassland, the year of reference and the rate of conversion under GAEC 1 as referred to in Annex III. |
| |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 12

Article 12

Obligations of Member States relating to good agricultural and environmental condition

Obligations of Member States relating to good agricultural and environmental condition

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

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

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

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

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

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

2a.
     
  Farmers satisfying the requirements laid down in Regulation (EU) 2018/848 of the European Parliament and of the Council

   (1a)

  on organic agriculture shall, in doing so, be deemed to comply with rule 8 on standards for good agricultural and environmental condition of land (GAEC) as laid down in Annex III to this Regulation.

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

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

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

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

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

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

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

Amendment 1129

Amendment 1129

Proposal for a regulation

Proposal for a regulation

Article 13

Article 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 13 | Article 13 |
| Farm advisory services | Farm advisory services |
| 1.   Member States shall include in the CAP Strategic Plan a system providing services for advising farmers and other beneficiaries of CAP support on land management and farm management (‘farm advisory services’). | 1.   Member States shall include in the CAP Strategic Plan a system providing
  quality and independent
  services for advising farmers and other beneficiaries of CAP support on land management and farm management (‘farm advisory services’)
  which, when appropriate, shall build upon any already existing systems at Member States level
  .
  Member States shall allocate an appropriate budget for the funding of those services and a brief description of those services shall be included in the national CAP Strategic Plans
  . |
| | Member States shall allocate at least the minimum share of 30 % of allocation related to this article to advisory services and technical assistance contributing to the objectives referred to in points (d), (e) and (f) of Article 6(1). |
| 2.   The farm advisory services shall cover economic, environmental and social dimensions and deliver up to date technological and scientific information developed by research and innovation. They shall be integrated within the interrelated services of farm advisors, researchers, farmer organisations and other relevant stakeholders that form the Agricultural Knowledge and Innovation Systems (AKIS). | 2.   The farm advisory services shall cover economic, environmental and social dimensions and deliver up to date technological and scientific information developed by research and innovation
  , taking account of traditional farming practices and techniques
  . They shall be integrated within the interrelated services of farm
  advisory networks,
  advisors, researchers, farmer organisations
  , cooperatives
  and other relevant stakeholders that form the Agricultural Knowledge and Innovation Systems (AKIS). |
| 3.   Member States shall ensure that the farm advice given is impartial and that advisors have no conflict of interest. | 3.   Member States shall ensure that the farm advice given is impartial
  , adapted to the whole range of means of production and farms
  and that advisors have no conflict of interest. |
| | 3a.
     
  Member States shall ensure that farm advisory services are equipped to provide advice on both production and the provision of public goods |
| 4.   The farm advisory services shall cover at least the following: | 4.   The farm advisory services
  established by the Member State
  shall cover at least the following: |
| (a) | all requirements, conditions and management commitments applying to farmers and other beneficiaries set in the CAP Strategic Plan, including requirements and standards under conditionality and conditions for support schemes as well as information on financial instruments and business plans established under the CAP Strategic Plan; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 13

Article 13

Farm advisory services

Farm advisory services

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

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

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

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

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

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

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

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

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

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

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

(a)

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

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

(a)

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

, eco-schemes, environmental, climate and other management commitments under Article 65

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

(b)

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

30

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

(b)

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

30

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

(c)

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

31

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

(c)

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

31

| (d) | risk management
  as referred to in Article 70
  ; |
| --- | --- |

(d)

risk management
  as referred to in Article 70
  ;

as referred to in Article 70

| (d) | risk
  prevention and
  management; |
| --- | --- |

(d)

risk
  prevention and
  management;

prevention and

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

(e)

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

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

(e)

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

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

(f)

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

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

(f)

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

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

(fa)

(fa)

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

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

| (fb) | specific advice for farmers setting up for the first time; |
| --- | --- |

(fb)

(fb)

specific advice for farmers setting up for the first time;

specific advice for farmers setting up for the first time;

| (fc) | safety standards and psycho-social care in farming communities; |
| --- | --- |

(fc)

(fc)

safety standards and psycho-social care in farming communities;

safety standards and psycho-social care in farming communities;

| (fd) | the sustainable management of nutrients, including use of the Farm Sustainability Tool for Nutrients; |
| --- | --- |

(fd)

(fd)

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

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

| (fe) | improvement of agro ecological and agroforestry practices and techniques on both agricultural and forest lands; |
| --- | --- |

(fe)

(fe)

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

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

| (ff) | concentration on producer organisations and other farmer groups; |
| --- | --- |

(ff)

(ff)

concentration on producer organisations and other farmer groups;

concentration on producer organisations and other farmer groups;

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

(fg)

(fg)

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

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

| (fh) | land mobility and succession planning services; |
| --- | --- |

(fh)

(fh)

land mobility and succession planning services;

land mobility and succession planning services;

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

(fi)

(fi)

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

| (fj) | improving resilience and adapting to climate change; and |
| --- | --- |

(fj)

(fj)

improving resilience and adapting to climate change; and

| (fk) | improving animal welfare. |
| --- | --- |

(fk)

(fk)

improving animal welfare.

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

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

Amendment 811

Amendment 811

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Section 3a




  Organic farming




  Article 13a




  Organic Farming




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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Section 3a

Section 3a

Organic farming

Organic farming

Article 13a

Article 13a

Organic Farming

Organic Farming

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

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

Amendment 160

Amendment 160

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — point d

Article 14 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | the schemes for the climate
  and
  the environment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

the schemes for the climate
  and
  the environment.

and

| (d) | the schemes for the climate, the environment
  and animal welfare; and |
| --- | --- |

(d)

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

and animal welfare; and

Amendment 161

Amendment 161

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | the schemes for boosting competitiveness; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

the schemes for boosting competitiveness;

the schemes for boosting competitiveness;

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

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

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 1 — introductory part

Article 15 — paragraph 2 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Before applying paragraph 1, Member States
  shall
  subtract from the amount of direct payments to be granted to a farmer pursuant to this Chapter in a given calendar year: | Before applying paragraph 1, Member States
  may
  subtract from the amount of direct payments to be granted to a farmer pursuant to this Chapter in a given calendar year: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

shall

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

may

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

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

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 1 — point a

Article 15 — paragraph 2 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the salaries linked to an agricultural activity declared by the farmer, including taxes and social contributions related to employment; and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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

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

(a)

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

50 % of

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

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

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 1 — point b

Article 15 — paragraph 2 — subparagraph 1 — point b

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

(b)

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

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

deleted

deleted

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

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

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the direct support referred to in Articles 27 and 28. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the direct support referred to in Articles 27 and 28.

the direct support referred to in Articles 27 and 28.

Amendments 167, 768, 1118cp6 and 1126cp6

Amendments 167, 768, 1118cp6 and 1126cp6

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 2

Article 15 — paragraph 2 — subparagraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

points a) and b)

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

point (a) of the first subparagraph

the actual salary costs or

and related

Member States may use indicators on standard salary costs associated with various types of farm or reference data on employment generation by farm type.

Amendments 1096 and 1126cp7

Amendments 1096 and 1126cp7

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2 a (new)

Article 15 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The Commission shall collect information on all subsidies received from the CAP first and second pillars and aggregate the total amount that a natural person receives either directly through direct payments or indirectly as beneficial owner of legal persons that are beneficiaries of CAP payments (direct payments and payments from rural development). The Commission shall keep track in real time and stop payments exceeding an aggregated total of: |
| | (a) | EUR 500 000 in the first pillar for direct payments; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

(a)

(a)

EUR 500 000 in the first pillar for direct payments;

EUR 500 000 in the first pillar for direct payments;

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

(b)

(b)

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

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

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

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

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

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

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

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

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 3 — subparagraph 1

Article 15 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The estimated product of the reduction of payments shall
  primarily be used to contribute to the financing of
  the complementary redistributive income support for sustainability and thereafter of other interventions belonging to decoupled direct payments. | The estimated product of the reduction of payments shall
  be prioritised to finance
  the complementary redistributive income support for sustainability and thereafter of other interventions belonging to decoupled direct payments. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

primarily be used to contribute to the financing of

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

be prioritised to finance

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

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

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 3 — subparagraph 2

Article 15 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States may also use all or part of the product to finance types of interventions under the EAFRD as specified in Chapter IV by means of a transfer. Such transfer to the EAFRD shall be part of the CAP Strategic Plan financial tables and may be reviewed in
  2023
  in accordance with Article 90.
  It shall not be subject to the maximum limits for the transfers of funds from the EAGF to the EAFRD established under Article 90. | Member States may also use all or part of the product to finance types of interventions under the EAFRD as specified in Chapter IV by means of a transfer. Such transfer to the EAFRD shall be part of the CAP Strategic Plan financial tables and may be reviewed in
  2024
  in accordance with Article 90. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

2023

It shall not be subject to the maximum limits for the transfers of funds from the EAGF to the EAFRD established under Article 90.

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

2024

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

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

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 3 a (new)

Article 15 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  In the case of a legal person, or a group of natural or legal persons, Member States may apply the reduction referred to in paragraph 1 at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  In the case of a legal person, or a group of natural or legal persons, Member States may apply the reduction referred to in paragraph 1 at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

Amendments 733cp10, 772, 1118cp10 and 1126cp11

Amendments 733cp10, 772, 1118cp10 and 1126cp11

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 3 b (new)

Article 15 — paragraph 3 b (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

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

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 3 c (new)

Article 15 — paragraph 3 c (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendments 173, 775, 1118cp12 and 1126cp13

Amendments 173, 775, 1118cp12 and 1126cp13

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 4

Article 15 — paragraph 4

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

deleted

deleted

Amendments 174, 1208 and 1213cp1

Amendments 174, 1208 and 1213cp1

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1

Article 16 — paragraph 1

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 175

Amendment 175

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 2 — subparagraph 1

Article 16 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall set an area threshold and only grant
  decoupled
  direct payments to
  genuine
  farmers whose
  eligible area of the holding for which decoupled
  direct
  payments are claimed goes beyond this area threshold
  . | Member States shall set an area threshold
  and/or a minimum limit for direct payments
  and only grant direct payments to
  active
  farmers whose direct
  payment areas and/or volumes equal or exceed those thresholds
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

decoupled

genuine

eligible area of the holding for which decoupled

payments are claimed goes beyond this area threshold

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

and/or a minimum limit for direct payments

active

payment areas and/or volumes equal or exceed those thresholds

Amendment 176

Amendment 176

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 2 — subparagraph 2 — introductory part

Article 16 — paragraph 2 — subparagraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| When setting the area threshold, Member States shall aim at ensuring that
  decoupled
  direct payments may only be granted to genuine farmers if: | When setting the area threshold
  or minimum limit for payments
  , Member States shall aim at ensuring that direct payments may only be granted to
  active
  farmers if: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

decoupled

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

or minimum limit for payments

active

Amendment 177

Amendment 177

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 2 — subparagraph 2 — point a

Article 16 — paragraph 2 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the management of the corresponding payments does not cause excessive administrative burden, and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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

| (a) | the management of the corresponding payments
  equalling or exceeding those thresholds
  does not cause excessive administrative burden, and |
| --- | --- |

(a)

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

equalling or exceeding those thresholds

Amendment 178

Amendment 178

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 2 — subparagraph 2 — point b

Article 16 — paragraph 2 — subparagraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the corresponding amounts
  make an effective contribution to the objectives set out in Article 6(1) to which decoupled direct payments contribute. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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

the corresponding amounts

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

(b)

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

the amounts received above the threshold established

Amendment 179

Amendment 179

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 3

Article 16 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Member States concerned may decide not to apply
  paragraph 1
  to the outermost regions and to the smaller Aegean Islands. | 3.   The Member States concerned may decide not to apply
  this Article
  to the outermost regions and to the smaller Aegean Islands
  and to the Balearic Islands archipelago
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 180

Amendment 180

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 2 a (new)

Article 17 — paragraph 2 a (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 181

Amendment 181

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3

Article 17 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Without prejudice to Articles 19 to 24, the basic income support shall be granted for each eligible hectare declared by a 
  genuine
  farmer. | 3.   Without prejudice to Articles 19 to 24, the basic income support shall be granted for each eligible hectare declared by a
  n active
  farmer. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 1119

Amendment 1119

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraphs 2 and 2 a (new)

Article 18 — paragraphs 2 and 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States may decide to differentiate the amount of the basic income support per hectare
  amongst different groups of territories faced with similar socio-economic or agronomic conditions
  . | 2.   Member States may decide to differentiate the amount
  per hectare of the basic income support according to different groups of areas in accordance with socio-economic, environmental or agronomic conditions. Member States may decide to increase the amounts for regions with natural or area-specific handicaps, and depopulated areas as well as for the support for permanent grassland. As far as traditional extensive alpine pastures as defined by Member States are concerned, the amount
  of the basic income support per hectare
  may be reduced, independent from the farm income situation
  . |
| | 2a.
     
  Member States may lay down mechanisms that restrict the number of national eligible hectares that can benefit from support, on the basis of a reference period decided by the Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

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

Amendment 184

Amendment 184

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 2

Article 19 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where Member States having applied the basic payment scheme as laid down in Section 1 of Chapter I of Title III of Regulation (EU) No 1307/2013 decide not to grant the basic income support based on payment entitlements, the payment entitlements allocated under Regulation (EU) No 1307/2013 shall expire on 31 December
  2020
  . | 2.   Where Member States having applied the basic payment scheme as laid down in Section 1 of Chapter I of Title III of Regulation (EU) No 1307/2013 decide not to grant the basic income support based on payment entitlements, the payment entitlements allocated under Regulation (EU) No 1307/2013 shall expire on 31 December
  2022
  .
  Member States which have already completed the internal adjustment process of the payment entitlements may decide to waive the payment entitlements earlier. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 1120

Amendment 1120

Proposal for a regulation

Proposal for a regulation

Article 20

Article 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 20 | Article 20 |
| Value of payment entitlements and convergence | Value of payment entitlements and convergence |
| 1.   Member States shall determine the unit value of payment entitlements before convergence in accordance with this Article by adjusting the value of payment entitlements proportionally to their value as established in accordance with Regulation (EU) No 1307/2013 for claim year
  2020
  and the related payment for agricultural practices beneficial for the climate and environment provided for in Chapter III of Title III of that Regulation for claim year
  2020
  . | 1.   Member States shall determine the unit value of payment entitlements before convergence in accordance with this Article by adjusting the value of payment entitlements proportionally to their value as established in accordance with Regulation (EU) No 1307/2013 for claim year
  2023
  and the related payment for agricultural practices beneficial for the climate and environment provided for in Chapter III of Title III of that Regulation for claim year
  2023
  . |
| 2.   Member States may decide to differentiate the value of payment entitlements in accordance with Article 18(2). | 2.   Member States may decide to differentiate the value of payment entitlements in accordance with Article 18(2). |
| 3.   Member States shall, by claim year 2026 at the latest, set a maximum level for the value of payment entitlements for the Member State or for each group of territories defined in accordance with Article 18(2). | 3.   Member States shall, by claim year 2026 at the latest, set a maximum level for the value of payment entitlements for the Member State or for each group of territories defined in accordance with Article 18(2). |
| 4.   Where the value of payment entitlements as determined in accordance with paragraph 1 is not uniform within a Member State or within a group of territories as defined in accordance with Article 18(2), Member States shall ensure a convergence of the value of payment entitlements towards a uniform unit value by claim year 2026 at the latest. | 4.   Where the value of payment entitlements as determined in accordance with paragraph 1 is not uniform within a Member State or within a group of territories as defined in accordance with Article 18(2), Member States shall ensure a 
  full
  convergence of the value of payment entitlements towards a uniform unit value by claim year 2026 at the latest. |
| 5.   For the purposes of paragraph 4, Member States shall ensure that, for claim year
  2026
  at the latest, all payment entitlements have a value of at least 75 % of the average planned unit amount for the basic income support for claim year
  2026
  as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2). | 5.   For the purposes of paragraph 4, Member States shall ensure that, for claim year
  2024
  at the latest, all payment entitlements have a value of at least 75 % of the average planned unit amount for the basic income support for claim year
  2024
  as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2). |
| | 5a.
     
  For the purposes of paragraph 4, Member States shall ensure that, for the last claim year of the programming period at the latest, all payment entitlements have a value of 100 % of the average planned unit amount for the basic income support for claim year 2026 as laid down in the CAP Strategic Plan transmitted in accordance with Article 106(1) for the Member State or for the territories as defined in accordance with Article 18(2). |
| 6.   Member States shall finance the increases in the value of payment entitlements needed to comply with paragraphs 4 and 5 by using any possible product resulting from the application of paragraph 3, and, where necessary, by reducing the difference between the unit value of payment entitlements determined in accordance with paragraph 1 and the average planned unit amount for the basic income support for claim year 2026 as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2). | 6.   Member States shall finance the increases in the value of payment entitlements needed to comply with paragraphs 4 and 5 by using any possible product resulting from the application of paragraph 3, and, where necessary, by reducing the difference between the unit value of payment entitlements determined in accordance with paragraph 1 and the average planned unit amount for the basic income support for claim year 2026 as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2). |
| Member States may decide to apply the reduction to all or part of the payment entitlements with a value determined in accordance with paragraph 1 exceeding the average planned unit amount for the basic income support for claim year 2026, as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2). | Member States may decide to apply the reduction to all or part of the payment entitlements with a value determined in accordance with paragraph 1 exceeding the average planned unit amount for the basic income support for claim year 2026, as laid down in the CAP Strategic Plan transmitted in accordance with Article 106 (1) for the Member State or for the territories as defined in accordance with Article 18(2). |
| 7.   The reductions referred to in paragraph 6 shall be based on objective and non-discriminatory criteria. Without prejudice to the minimum set in accordance with paragraph 5, such criteria may include the fixing of a maximum decrease that may not be lower than 30 %. | 7.   The reductions referred to in paragraph 6 shall be based on objective and non-discriminatory criteria. Without prejudice to the minimum set in accordance with paragraph 5, such criteria may include the fixing of a maximum decrease that may not be lower than 30 %
  per year
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 20

Article 20

Value of payment entitlements and convergence

Value of payment entitlements and convergence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Amendment 190

Amendment 190

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 1

Article 21 — paragraph 1

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 191

Amendment 191

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 1

Article 22 — paragraph 1

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 192

Amendment 192

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 2 a (new)

Article 22 — paragraph 2 a (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 193

Amendment 193

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 3

Article 22 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States shall ensure that payment entitlements from the reserve be only allocated to
  genuine
  farmers. | 3.   Member States shall ensure that payment entitlements from the reserve be only allocated to
  active
  farmers. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 194

Amendment 194

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 4 — point a

Article 22 — paragraph 4 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | young farmers who have newly set up a holding for the first time; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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

| (a) | young farmers who have newly set up a holding for the first time;
  or |
| --- | --- |

(a)

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

or

Amendment 195

Amendment 195

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 4 — point b

Article 22 — paragraph 4 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | farmers who have newly set up a holding for the first time, as head of the holding and with appropriate training or acquired necessary skills
  as defined by the Member States for young farmers. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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

as defined by the Member States for young farmers.

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

(b)

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

and knowledge;

Amendment 196

Amendment 196

Proposal for a regulation

Proposal for a regulation

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

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

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

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

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

Amendment 197

Amendment 197

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 4 a (new)

Article 22 — paragraph 4 a (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 198

Amendment 198

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 5

Article 22 — paragraph 5

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 199

Amendment 199

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 5 a (new)

Article 22 — paragraph 5 a (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 200

Amendment 200

Proposal for a regulation

Proposal for a regulation

Article 23

Article 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 23 | deleted |
| Delegated powers | |
| The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with rules on: | |
| (a) | the establishment of the reserve; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 23

Article 23

deleted

deleted

Delegated powers

Delegated powers

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

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

(a)

(a)

the establishment of the reserve;

the establishment of the reserve;

| (b) | on access to the reserve; |
| --- | --- |

(b)

(b)

on access to the reserve;

on access to the reserve;

| (c) | the content of the declaration and the requirements for the activation of payment entitlements. |
| --- | --- |

(c)

(c)

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

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

Amendment 201

Amendment 201

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 1

Article 24 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Except in the case of transfer by actual or anticipated inheritance, payment entitlements shall be transferred only to a 
  genuine
  farmer. | 1.   Except in the case of transfer by actual or anticipated inheritance, payment entitlements shall be transferred only to a 
  active
  farmer. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 202

Amendment 202

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 1 a (new)

Article 24 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Payment entitlements may not be given a market value. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 203

Amendment 203

Proposal for a regulation

Proposal for a regulation

Article 25 — title

Article 25 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Round sum payment
  for small farmers | Simplified scheme
  for small farmers |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Round sum payment
  for small farmers

Round sum payment

Simplified scheme
  for small farmers

Simplified scheme

Amendment 204

Amendment 204

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 1

Article 25 — paragraph 1

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

may grant payments to

as defined by Member States by way of a round

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

shall introduce a simplified scheme for

requesting support in respect of an amount of up to EUR 1 250 . That scheme may consist of a lump

, or a per-hectare payment, which may be different for different territories, defined in accordance with Article 18(2)

Amendment 205

Amendment 205

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 1 a (new)

Article 25 — paragraph 1 a (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 206

Amendment 206

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 1 b (new)

Article 25 — paragraph 1 b (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 207

Amendment 207

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 1 c (new)

Article 25 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1c.
     
  Member States may establish rules and services for reducing administrative costs, supporting small farmers to cooperate. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 208

Amendment 208

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 1 d (new)

Article 25 — paragraph 1 d (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 209

Amendment 209

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 2

Article 26 — paragraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 210

Amendment 210

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 3

Article 26 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States shall establish an amount per hectare or different amounts for different ranges of hectares
  , as well as the maximum number of hectares per farmer for which the redistributive income support shall be paid
  . | 3.   Member States shall establish
  a payment equivalent to
  an amount per hectare or different amounts for different ranges of hectares
  . They may differentiate those amounts in accordance with the territories defined pursuant to Article 18(2)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendments 1158cp3 and 211

Amendments 1158cp3 and 211

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 3 a (new)

Article 26 — paragraph 3 a (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 212

Amendment 212

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 3 b (new)

Article 26 — paragraph 3 b (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 213

Amendment 213

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 3 c (new)

Article 26 — paragraph 3 c (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 214

Amendment 214

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 4

Article 26 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.
     
  The amount per hectare planned for a given claim year shall not exceed the national average amount of direct payments per hectare for that claim year. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

deleted

deleted

Amendment 215

Amendment 215

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 5

Article 26 — paragraph 5

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

deleted

deleted

Amendment 216

Amendment 216

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 5 a (new)

Article 26 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  For a legal person, or a group of natural or legal persons, Member States may apply the maximum number of hectares referred to in paragraph 3 at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  For a legal person, or a group of natural or legal persons, Member States may apply the maximum number of hectares referred to in paragraph 3 at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

Amendments 217, 743, 1158cp5 and 1219

Amendments 217, 743, 1158cp5 and 1219

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 5 b (new)

Article 26 — paragraph 5 b (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendments 218 and 1161cp1

Amendments 218 and 1161cp1

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 1

Article 27 — paragraph 1

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 1159

Amendment 1159

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2

Article 27 — paragraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 1161cp3

Amendment 1161cp3

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 3

Article 27 — paragraph 3

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 221

Amendment 221

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 3 a (new)

Article 27 — paragraph 3 a (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 222

Amendment 222

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 3 b (new)

Article 27 — paragraph 3 b (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 223

Amendment 223

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 3 c (new)

Article 27 — paragraph 3 c (new)

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 1160

Amendment 1160

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 3 d (new)

Article 27 — paragraph 3 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3d.
     
  In the case of a legal person, or a group of natural or legal persons, Member States may apply the support to young farmers at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3d.
     
  In the case of a legal person, or a group of natural or legal persons, Member States may apply the support to young farmers at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

Amendment 1130

Amendment 1130

Proposal for a regulation

Proposal for a regulation

Article 28

Article 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 28 | Article 28 |
| Schemes for the climate
  and the
  environment | Schemes for the climate, environment
  and animal welfare |
| 1.   Member States shall provide support for voluntary schemes for the climate
  and the
  environment (‘eco-schemes’) under the conditions set out in this Article and as further specified in their CAP Strategic Plans. | 1.   Member States shall
  establish and
  provide support for voluntary schemes for the climate environment
  and animal welfare
  (‘eco-schemes’) under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
  Eco-schemes in one area of action shall be consistent with the objectives in another area of action. |
| | Member States shall offer a broad variety of eco-schemes in order to ensure that farmers are able to participate and to reward different ambition levels. Member States shall arrange different schemes to provide co-benefits, promote synergies and emphasise an integrated approach. To facilitate coherence and effective rewarding Member States shall establish point or rating systems. |
| 2.   Member States shall support under this type of intervention
  genuine
  farmers who make commitments to
  observe, on eligible hectares,
  agricultural practices
  beneficial
  for the climate
  and
  the environment. | 2.   Member States shall support under this type of intervention
  active farmers or groups of
  farmers who make commitments to
  preserve and deliver beneficial practices and convert to
  agricultural practices
  and techniques and certified schemes that make a stronger contribution
  for the climate, the environment
  and animal welfare, which are established in accordance with Article 28a and included in the lists referred to in Article 28b and are tailored to address specific national or regional needs
  . |
| 3.   
  Member States
  shall
  establish the list of agricultural practices beneficial for the climate and the environment
  . | 3.   
  Support for eco-schemes
  shall
  take the form of an annual payment per eligible hectare and/or a per holding payment, and it shall be granted as incentive payments going beyond compensation of additional costs incurred and income foregone, which may consist of a lump sum. The level of payments shall vary according to the ambition level of each eco schemes, based on non-discriminatory criteria
  . |
| 4.
     
  Those practices shall be designed to meet one or more of the specific environmental- and climate-related objectives laid down in points (d), (e) and (f) of Article 6(1). | |
| 5.
     
  Under this type of interventions, Member States shall only provide payments covering commitments which: | |
| (a) | go beyond the relevant statutory management requirements and standards of good agricultural and environmental condition established under Section 2 of Chapter I of this Title; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 28

Article 28

Schemes for the climate
  and the
  environment

and the

Schemes for the climate, environment
  and animal welfare

and animal welfare

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

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

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

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

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

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

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

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

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

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

(a)

(a)

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

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

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

(b)

(b)

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

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

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

(c)

(c)

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

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

| (d) | are different from commitments in respect of which payments are granted under Article 65. |
| --- | --- |

(d)

(d)

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

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

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

| (a) | payments additional to the basic income support as set out in Subsection 2 of this Section; or |
| --- | --- |

(a)

(a)

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

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

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

(b)

(b)

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

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

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

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

Amendment 238

Amendment 238

Proposal for a regulation

Proposal for a regulation

Article 28 a (new)

Article 28 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 28a |
| | Schemes for boosting competitiveness |
| | 1.
     
  Member States shall provide support for voluntary schemes for boosting competitiveness (‘boost-schemes’) under the conditions set out in this Article and as further specified in their CAP Strategic Plans |
| | 2.
     
  Member States shall support under this type of intervention active farmers who make commitments to expenditure beneficial for boosting agricultural competitiveness of the farmer. |
| | 3.
     
  Member States shall establish an eligible list of categories of expenditure beneficial for boosting competitiveness of the farmer. |
| | 4.
     
  Those practices shall be designed to meet one or more of the specific economic objectives laid down in points (a), (b) and (c) of Article 6(1) and contributes to the cross-cutting objective as set out in Article 5. |
| | 5.
     
  Under this type of interventions, Member States shall only provide payments covering commitments which do not result in double funding in respect of this Regulation |
| | 6.
     
  Support for boost-schemes shall take the form of annual payment and it shall be granted as either: |
| | (a) | payments based on eligible hectares additional to the basic income support as set out in Subsection 2 of this Section; or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 28a

Article 28a

Schemes for boosting competitiveness

Schemes for boosting competitiveness

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

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

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

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

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

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

(a)

(a)

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

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

| (b) | payments compensating beneficiaries for all or part of the costs incurred; or |
| --- | --- |

(b)

(b)

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

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

| (c) | based on output relevant for this type of intervention |
| --- | --- |

(c)

(c)

based on output relevant for this type of intervention

based on output relevant for this type of intervention

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

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

Amendment 1131

Amendment 1131

Proposal for a regulation

Proposal for a regulation

Article 28 b (new)

Article 28 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 28b |
| | Practices eligible for schemes for the climate, environment and animal welfare |
| | 1.
     
  The agricultural practices covered by this type of intervention shall contribute to the achievement of one or more of the specific objectives set out in points (d), (e), (f) and (i) of Article 6(1), while maintaining and enhancing the economic performance of farmers in accordance with the specific objectives set out in points (a) and (b) of Article 6(1). |
| | 2.
     
  The agricultural practices referred to in paragraph 1 of this Article shall cover at least two of the following areas of actions for the climate and the environment: |
| | (a) | actions on climate change including reduction of greenhouse gas emissions from agriculture as well as maintenance and/ or enhancement of carbon sequestration; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 28b

Article 28b

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

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

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

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

(a)

(a)

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

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

| (b) | actions to reduce emissions other than Greenhouse Gases; |
| --- | --- |

(b)

(b)

actions to reduce emissions other than Greenhouse Gases;

actions to reduce emissions other than Greenhouse Gases;

| (c) | protection or improvement of water quality in agricultural areas and reduction of pressure on water resources; |
| --- | --- |

(c)

(c)

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

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

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

(d)

(d)

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

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

| (e) | protection of biodiversity, conservation or restoration of habitats and species, pollinator protection and management of landscape features, including establishment of new landscape features; |
| --- | --- |

(e)

(e)

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

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

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

(f)

(f)

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

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

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

(g)

(g)

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

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

| (h) | actions to enhance animal welfare and address antimicrobial resistance; |
| --- | --- |

(h)

(h)

actions to enhance animal welfare and address antimicrobial resistance;

actions to enhance animal welfare and address antimicrobial resistance;

| (i) | actions to reduce inputs and improve sustainable management of natural resources, such as precision farming; |
| --- | --- |

(i)

(i)

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

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

| (j) | actions to improve animal and plant diversity for stronger resistance to disease and in climate change. |
| --- | --- |

(j)

(j)

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

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

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

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

(a)

(a)

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

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

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

(b)

(b)

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

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

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

(c)

(c)

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

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

| (d) | be different from, or complementary to, commitments in respect of which payments are granted under Article 65. |
| --- | --- |

(d)

(d)

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

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

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

Amendment 1132

Amendment 1132

Proposal for a regulation

Proposal for a regulation

Article 28 c (new)

Article 28 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 28c |
| | National lists of practices eligible for schemes for the climate, environment and animal welfare |
| | Member States shall establish, in cooperation with national, regional and local stakeholders, the national lists of practices eligible for the schemes for the climate, environment and animal welfare referred to in Article 28, with the possibility to draw from the examples in the indicative and non-exhaustive list referred to Article 28b or establishing further practices that comply with the conditions in Article 28b, and taking into account their specific national or regional needs in accordance with Article 96. |
| | The national lists shall consist of multiple types of measures other than those covered under Article 65, or of measures of the same nature but with a different level of ambition in accordance with Article 28. |
| | Member States shall, at least, include in those lists eco-schemes to set up the use of a farm tool for the sustainable management of nutrients, and, where applicable, appropriate maintenance of wetland and peatland. |
| | Areas designated pursuant to Directives 92/43/EEC or 2009/147/EC where equivalent actions are being carried out shall automatically be regarded as eligible for the scheme. |
| | The national lists shall be approved by the Commission in accordance with the procedure set out in Articles 106 and 107. |
| | The Commission shall provide the necessary guidance to the Member States when devising the national lists, in coordination with the European and national Common Agricultural Policy Networks provided for in Article 113, to facilitate the exchange of best practices and to improve the knowledge base and find solutions. |
| | When assessing the national lists, the Commission shall in particular take into account the design, the likely effectiveness, uptake, existence of alternatives and contribution of the schemes to the specific objectives referred to in Article 28a. |
| | The Commission shall assess the national lists every two years. The assessments shall be made publicly available and, in the event of inadequacy or negative assessments, the Member States shall propose amended national lists and schemes in accordance with the procedure set out in Articles 106 and 107. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 28c

Article 28c

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Amendment 239

Amendment 239

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 1

Article 29 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may grant coupled income support to
  genuine
  farmers under the conditions set out in this Subsection and as further specified in their CAP Strategic Plans. | 1.   Member States may grant coupled income support to
  active
  farmers under the conditions set out in this Subsection and as further specified in their CAP Strategic Plans. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendments 240 and 1162

Amendments 240 and 1162

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 2

Article 29 — paragraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 241

Amendment 241

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 3

Article 29 — paragraph 3

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 242

Amendment 242

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 3 a (new)

Article 29 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Member States may decide to target or increase the coupled aid according to the beneficiary's commitment to improve its competitiveness, quality or the structuring of the sector. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Amendment 1163

Amendment 1163

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 3 b (new)

Article 29 — paragraph 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3b.
     
  In the case of a legal person, or a group of natural or legal persons, Member States may apply the support at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3b.
     
  In the case of a legal person, or a group of natural or legal persons, Member States may apply the support at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

Amendment 243

Amendment 243

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 1

Article 30 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Coupled income support may only be granted to the following sectors and productions or specific types of farming
  therein where these are important for economic, social or environmental reasons
  : cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silkworms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables, short rotation coppice
  and other non-food crops, excluding trees, used for the production of products that have the potential to substitute fossil materials
  . | Coupled income support may only be granted to the following sectors and productions or specific types of farming: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silkworms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables, short rotation coppice. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Coupled income support may only be granted to the following sectors and productions or specific types of farming
  therein where these are important for economic, social or environmental reasons
  : cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silkworms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables, short rotation coppice
  and other non-food crops, excluding trees, used for the production of products that have the potential to substitute fossil materials
  .

therein where these are important for economic, social or environmental reasons

and other non-food crops, excluding trees, used for the production of products that have the potential to substitute fossil materials

Coupled income support may only be granted to the following sectors and productions or specific types of farming: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silkworms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables, short rotation coppice.

Amendment 244

Amendment 244

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 1 a (new)

Article 31 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  By way of derogation from paragraph 1, coupled support may be granted to farmers who do not have eligible hectares at their disposal. |
| | When granting coupled support, Member States shall ensure that the following conditions are fulfilled: |
| | (a) | there is a clear environmental, or socioeconomic need or benefit; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  By way of derogation from paragraph 1, coupled support may be granted to farmers who do not have eligible hectares at their disposal.

When granting coupled support, Member States shall ensure that the following conditions are fulfilled:

When granting coupled support, Member States shall ensure that the following conditions are fulfilled:

(a)

(a)

there is a clear environmental, or socioeconomic need or benefit;

there is a clear environmental, or socioeconomic need or benefit;

| (b) | the support does not create major distortions in the internal market; and |
| --- | --- |

(b)

(b)

the support does not create major distortions in the internal market; and

the support does not create major distortions in the internal market; and

| (c) | support for livestock production shall be consistent with Directive 2000/60/EC. |
| --- | --- |

(c)

(c)

support for livestock production shall be consistent with Directive 2000/60/EC.

support for livestock production shall be consistent with Directive 2000/60/EC.

Amendments 1229 and 1353

Amendments 1229 and 1353

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 1 b (new)

Article 31 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  Coupled support income will proportionally exclude the number of heads of cattle whose final destination is the sale for activities related to bullfighting, both by direct sale and through intermediaries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1b.
     
  Coupled support income will proportionally exclude the number of heads of cattle whose final destination is the sale for activities related to bullfighting, both by direct sale and through intermediaries.

Amendment 245

Amendment 245

Proposal for a regulation

Proposal for a regulation

Article 33

Article 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| [...] | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

[...]

deleted

deleted

Amendment 246

Amendment 246

Proposal for a regulation

Proposal for a regulation

Article 34 — paragraph 1

Article 34 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall grant a crop-specific payment for cotton to
  genuine
  farmers producing cotton falling within CN code 5201 00 under the conditions laid down in this Subsection. | Member States shall grant a crop-specific payment for cotton to
  active
  farmers producing cotton falling within CN code 5201 00 under the conditions laid down in this Subsection. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall grant a crop-specific payment for cotton to
  genuine
  farmers producing cotton falling within CN code 5201 00 under the conditions laid down in this Subsection.

genuine

Member States shall grant a crop-specific payment for cotton to
  active
  farmers producing cotton falling within CN code 5201 00 under the conditions laid down in this Subsection.

active

Amendment 247

Amendment 247

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 3 — indent 1

Article 36 — paragraph 3 — indent 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Bulgaria: EUR
  624,11
  , |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

Bulgaria: EUR
  624,11
  ,

624,11

| — | Bulgaria:
  X
  EUR, |
| --- | --- |

—

Bulgaria:
  X
  EUR,

X

Amendment 248

Amendment 248

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 3 — indent 2

Article 36 — paragraph 3 — indent 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Greece: EUR
  225,04
  , |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

Greece: EUR
  225,04
  ,

225,04

| — | Greece:
  X
  EUR, |
| --- | --- |

—

Greece:
  X
  EUR,

X

Amendment 249

Amendment 249

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 3 — indent 3

Article 36 — paragraph 3 — indent 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Spain: EUR
  348,03
  , |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

Spain: EUR
  348,03
  ,

348,03

| — | Spain:
  X
  EUR, |
| --- | --- |

—

Spain:
  X
  EUR,

X

Amendment 250

Amendment 250

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 3 — indent 4

Article 36 — paragraph 3 — indent 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Portugal: EUR
  219,09 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

Portugal: EUR
  219,09

219,09

| — | Portugal:
  X
  EUR |
| --- | --- |

—

Portugal:
  X
  EUR

X

Amendments 251 and 1042

Amendments 251 and 1042

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 1 — point a

Article 39 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | fruit and vegetables sector, as referred to in point (i) of Article 1(2) of Regulation (EU) No 1308/2013; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

fruit and vegetables sector, as referred to in point (i) of Article 1(2) of Regulation (EU) No 1308/2013;

| (a) | fruit and vegetables sector, as referred to in point (i) of Article 1(2) of Regulation (EU) No 1308/2013
  and such products as are earmarked for processing
  ; |
| --- | --- |

(a)

fruit and vegetables sector, as referred to in point (i) of Article 1(2) of Regulation (EU) No 1308/2013
  and such products as are earmarked for processing
  ;

and such products as are earmarked for processing

Amendment 252

Amendment 252

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 1 — point f

Article 39 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | other sectors referred to in points (a) to (h), (k), (m), (o) to (t) and (w) of Article 1(2) of Regulation (EU) No 1308/2013. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

other sectors referred to in points (a) to (h), (k), (m), (o) to (t) and (w) of Article 1(2) of Regulation (EU) No 1308/2013.

| (f) | other sectors referred to in points (a) to (h), (k), (m), (o) to (t) and (w) of Article 1(2) of Regulation (EU) No 1308/2013
  , as well as protein crops
  . |
| --- | --- |

(f)

other sectors referred to in points (a) to (h), (k), (m), (o) to (t) and (w) of Article 1(2) of Regulation (EU) No 1308/2013
  , as well as protein crops
  .

, as well as protein crops

Amendment 253

Amendment 253

Proposal for a regulation

Proposal for a regulation

Article 40 — paragraph 3

Article 40 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States may choose in their CAP Strategic Plan to implement the sectoral types of interventions referred to in points (d), (e) and (f) of Article 39. | 3.   Member States may choose in their CAP Strategic Plan to implement the sectoral types of interventions referred to in points (d), (e) and (f) of Article 39
  , and they shall substantiate their choice of sectors and type of interventions
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Member States may choose in their CAP Strategic Plan to implement the sectoral types of interventions referred to in points (d), (e) and (f) of Article 39.

3.   Member States may choose in their CAP Strategic Plan to implement the sectoral types of interventions referred to in points (d), (e) and (f) of Article 39
  , and they shall substantiate their choice of sectors and type of interventions
  .

Amendment 254

Amendment 254

Proposal for a regulation

Proposal for a regulation

Article 41 — paragraph 1 — point a

Article 41 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | ensuring the proper functioning of types of interventions laid down in this Chapter; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

ensuring the proper functioning of types of interventions laid down in this Chapter;

| (a) | ensuring the proper functioning of types of interventions laid down in this Chapter
  , in particular with a view to avoiding distortions of competition in the internal market
  ; |
| --- | --- |

(a)

ensuring the proper functioning of types of interventions laid down in this Chapter
  , in particular with a view to avoiding distortions of competition in the internal market
  ;

, in particular with a view to avoiding distortions of competition in the internal market

Amendment 255

Amendment 255

Proposal for a regulation

Proposal for a regulation

Article 41 — paragraph 1 — point a a (new)

Article 41 — paragraph 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | providing support for producers organisations in relation to the fulfilment of their specific tasks under this Chapter; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

providing support for producers organisations in relation to the fulfilment of their specific tasks under this Chapter;

providing support for producers organisations in relation to the fulfilment of their specific tasks under this Chapter;

Amendment 256

Amendment 256

Proposal for a regulation

Proposal for a regulation

Article 41 — paragraph 1 — point c

Article 41 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the maximum level of Union financial assistance for market withdrawals referred to in point (a) of Article 46(4) and for the types of interventions referred to in Article 52(3); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the maximum level of Union financial assistance for market withdrawals referred to in point (a) of Article 46(4) and for the types of interventions referred to in Article 52(3);

| (c) | the maximum level of Union financial assistance for market withdrawals referred to in point (a) of Article 46(4) and for the types of interventions referred to in Article 52(3)
  , as well as fixed packaging and transport rates for products withdrawn for free distribution and processing costs prior to delivery for that purpose
  ; |
| --- | --- |

(c)

the maximum level of Union financial assistance for market withdrawals referred to in point (a) of Article 46(4) and for the types of interventions referred to in Article 52(3)
  , as well as fixed packaging and transport rates for products withdrawn for free distribution and processing costs prior to delivery for that purpose
  ;

, as well as fixed packaging and transport rates for products withdrawn for free distribution and processing costs prior to delivery for that purpose

Amendment 257

Amendment 257

Proposal for a regulation

Proposal for a regulation

Article 41 — paragraph 1 — point c a (new)

Article 41 — paragraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | establishing the conditions for setting up and managing the operating fund as well as requests for aid and advances. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

establishing the conditions for setting up and managing the operating fund as well as requests for aid and advances.

establishing the conditions for setting up and managing the operating fund as well as requests for aid and advances.

Amendment 258

Amendment 258

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 1 — introductory part

Article 42 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The following objectives shall be pursued in the fruit and vegetables sector: | In accordance with Articles 5 and 6,
  the following objectives shall be pursued in the fruit and vegetables sector: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The following objectives shall be pursued in the fruit and vegetables sector:

In accordance with Articles 5 and 6,
  the following objectives shall be pursued in the fruit and vegetables sector:

In accordance with Articles 5 and 6,

Amendment 259

Amendment 259

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 1 — point b

Article 42 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | concentration of supply and the placing on the market of the products of the fruit and vegetables sector, including through direct marketing; those objectives relate to the specific objectives set out in points (a) and (c) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

concentration of supply and the placing on the market of the products of the fruit and vegetables sector, including through direct marketing; those objectives relate to the specific objectives set out in points (a) and (c) of Article 6(1);

| (b) | concentration of supply and the placing on the market of the products of the fruit and vegetables sector, including through direct marketing
  and short supply chains, as well as promoting the collective negotiation of contracts
  ; those objectives relate to the specific objectives set out in points (a)
  , (b)
  and (c) of Article 6(1); |
| --- | --- |

(b)

concentration of supply and the placing on the market of the products of the fruit and vegetables sector, including through direct marketing
  and short supply chains, as well as promoting the collective negotiation of contracts
  ; those objectives relate to the specific objectives set out in points (a)
  , (b)
  and (c) of Article 6(1);

and short supply chains, as well as promoting the collective negotiation of contracts

, (b)

Amendment 260

Amendment 260

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 1 — point c

Article 42 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | research and development of sustainable production methods, including pest resilience, innovative practices boosting economic competitiveness and bolstering market developments; those objectives relate to the specific objectives set out in points (a), (c) and (i) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

research and development of sustainable production methods, including pest resilience, innovative practices boosting economic competitiveness and bolstering market developments; those objectives relate to the specific objectives set out in points (a), (c) and (i) of Article 6(1);

| (c) | application,
  research and development of sustainable production methods, including pest resilience, innovative practices boosting economic competitiveness and bolstering market developments; those objectives relate to the specific objectives set out in points (a),
  (b),
  (c) and (i) of Article 6(1); |
| --- | --- |

(c)

application,
  research and development of sustainable production methods, including pest resilience, innovative practices boosting economic competitiveness and bolstering market developments; those objectives relate to the specific objectives set out in points (a),
  (b),
  (c) and (i) of Article 6(1);

application,

(b),

Amendment 261

Amendment 261

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 1 — point d

Article 42 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | developing, implementing and promoting methods of production respectful of the environment, environmentally sound cultivation practices and production techniques, sustainable use of natural resources in particular protection of water, soil, air, biodiversity and other natural resources; those objectives relate to the specific objectives set out in points
  (e) and (f)
  of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

developing, implementing and promoting methods of production respectful of the environment, environmentally sound cultivation practices and production techniques, sustainable use of natural resources in particular protection of water, soil, air, biodiversity and other natural resources; those objectives relate to the specific objectives set out in points
  (e) and (f)
  of Article 6(1);

(e) and (f)

| (d) | developing, implementing and promoting methods of production respectful of the environment, environmentally sound cultivation practices and production techniques, sustainable use of natural resources in particular protection of water, soil, air, biodiversity and other natural resources; those objectives relate to the specific objectives set out in points
  (d), (e), (f) and (i)
  of Article 6(1); |
| --- | --- |

(d)

developing, implementing and promoting methods of production respectful of the environment, environmentally sound cultivation practices and production techniques, sustainable use of natural resources in particular protection of water, soil, air, biodiversity and other natural resources; those objectives relate to the specific objectives set out in points
  (d), (e), (f) and (i)
  of Article 6(1);

(d), (e), (f) and (i)

Amendment 262

Amendment 262

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 1 — point f

Article 42 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | boosting products' commercial value and quality, including improving
  product quality
  and developing products with a protected designation of origin, with a protected geographical indication or covered by
  a national
  quality schemes; those objectives relate to the specific objective set out in point (b) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

boosting products' commercial value and quality, including improving
  product quality
  and developing products with a protected designation of origin, with a protected geographical indication or covered by
  a national
  quality schemes; those objectives relate to the specific objective set out in point (b) of Article 6(1);

product quality

a national

| (f) | boosting products' commercial value, and quality, including improving
  products for processing,
  and developing products with a protected designation of origin, with a protected geographical indication, or covered by
  other public or private
  quality schemes; those objectives relate to the specific objective set out in point (b) of Article 6(1); |
| --- | --- |

(f)

boosting products' commercial value, and quality, including improving
  products for processing,
  and developing products with a protected designation of origin, with a protected geographical indication, or covered by
  other public or private
  quality schemes; those objectives relate to the specific objective set out in point (b) of Article 6(1);

products for processing,

other public or private

Amendment 263

Amendment 263

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 1 — point g

Article 42 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | promotion and marketing of the products of the fruit and vegetables sector, whether in a fresh or processed form; those objectives relate to the specific objectives set out in points (b)
  and (c)
  of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

promotion and marketing of the products of the fruit and vegetables sector, whether in a fresh or processed form; those objectives relate to the specific objectives set out in points (b)
  and (c)
  of Article 6(1);

and (c)

| (g) | promotion and marketing of the products of the fruit and vegetables sector, whether in a fresh or processed form; those objectives relate to the specific objectives set out in points (b)
  , (c) and (i)
  of Article 6(1); |
| --- | --- |

(g)

promotion and marketing of the products of the fruit and vegetables sector, whether in a fresh or processed form; those objectives relate to the specific objectives set out in points (b)
  , (c) and (i)
  of Article 6(1);

, (c) and (i)

Amendment 264

Amendment 264

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 1 — point i

Article 42 — paragraph 1 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | crisis prevention and risk management, aimed at avoiding and dealing with crises on the fruit and vegetables markets; those objectives relate to the specific objectives set out in points (a), (b) and (c) of Article 6 (1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

crisis prevention and risk management, aimed at avoiding and dealing with crises on the fruit and vegetables markets; those objectives relate to the specific objectives set out in points (a), (b) and (c) of Article 6 (1).

| (i) | crisis prevention and risk
  mitigation and
  management
  , including phytosanitary aspects
  , aimed at avoiding and dealing with crises on the fruit and vegetables markets; those objectives relate to the specific objectives set out in points (a), (b) and (c) of Article 6 (1); |
| --- | --- |

(i)

crisis prevention and risk
  mitigation and
  management
  , including phytosanitary aspects
  , aimed at avoiding and dealing with crises on the fruit and vegetables markets; those objectives relate to the specific objectives set out in points (a), (b) and (c) of Article 6 (1);

mitigation and

, including phytosanitary aspects

Amendment 265

Amendment 265

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 1 — point i a (new)

Article 42 — paragraph 1 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | management and reduction of by-products and waste; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ia)

(ia)

management and reduction of by-products and waste;

management and reduction of by-products and waste;

Amendment 266

Amendment 266

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 1 — point i b (new)

Article 42 — paragraph 1 — point i b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ib) | promoting genetic diversity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ib)

(ib)

promoting genetic diversity.

promoting genetic diversity.

Amendments 267 and 819cp2

Amendments 267 and 819cp2

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point a

Article 43 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | investments in tangible and non-tangible assets,
  in particular
  focused on water saving, energy saving, ecological packaging
  and
  waste reduction; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

investments in tangible and non-tangible assets,
  in particular
  focused on water saving, energy saving, ecological packaging
  and
  waste reduction;

in particular

and

| (a) | investments in tangible and non-tangible assets,
  including those
  focused on water saving
  and water quality
  , energy
  generation and
  saving, ecological packaging, waste reduction
  , monitoring of waste flows and production monitoring
  ; |
| --- | --- |

(a)

investments in tangible and non-tangible assets,
  including those
  focused on water saving
  and water quality
  , energy
  generation and
  saving, ecological packaging, waste reduction
  , monitoring of waste flows and production monitoring
  ;

including those

and water quality

generation and

, monitoring of waste flows and production monitoring

Amendment 268

Amendment 268

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point a a (new)

Article 43 — paragraph 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | planning and adjusting production to demand, particularly in terms of quality and quantity, of products of the fruit and vegetables sector; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

planning and adjusting production to demand, particularly in terms of quality and quantity, of products of the fruit and vegetables sector;

planning and adjusting production to demand, particularly in terms of quality and quantity, of products of the fruit and vegetables sector;

Amendment 269

Amendment 269

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point a b (new)

Article 43 — paragraph 1 — point a b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ab) | actions to increase the commercial value of products; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ab)

(ab)

actions to increase the commercial value of products;

actions to increase the commercial value of products;

Amendment 270

Amendment 270

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point a c (new)

Article 43 — paragraph 1 — point a c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ac) | collective storage of products produced by the producer organisation or by members of the producer organisation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ac)

(ac)

collective storage of products produced by the producer organisation or by members of the producer organisation;

collective storage of products produced by the producer organisation or by members of the producer organisation;

Amendment 271

Amendment 271

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point b

Article 43 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | research and experimental production,
  in particular
  focused on water saving, energy saving, ecological packaging, waste reduction, pest resilience, reduction of risks and impacts of pesticides use, preventing damage caused by adverse climatic events and boosting the use of fruit and vegetable varieties adapted to changing climate conditions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

research and experimental production,
  in particular
  focused on water saving, energy saving, ecological packaging, waste reduction, pest resilience, reduction of risks and impacts of pesticides use, preventing damage caused by adverse climatic events and boosting the use of fruit and vegetable varieties adapted to changing climate conditions;

in particular

| (b) | research and experimental production, focused on
  measures such as
  water saving
  and quality
  , energy
  generation and
  saving, ecological packaging, waste reduction, pest resilience,
  Integrated Pest Management (IPM),
  reduction of risks and impacts of pesticides use
  , preservation of pollinators
  , preventing damage caused by adverse climatic events and boosting the use of fruit and vegetable varieties adapted to changing climate conditions; |
| --- | --- |

(b)

research and experimental production, focused on
  measures such as
  water saving
  and quality
  , energy
  generation and
  saving, ecological packaging, waste reduction, pest resilience,
  Integrated Pest Management (IPM),
  reduction of risks and impacts of pesticides use
  , preservation of pollinators
  , preventing damage caused by adverse climatic events and boosting the use of fruit and vegetable varieties adapted to changing climate conditions;

measures such as

and quality

generation and

Integrated Pest Management (IPM),

, preservation of pollinators

Amendment 272

Amendment 272

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point c a (new)

Article 43 — paragraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | actions aimed at environmental improvement and climate change mitigation and adaptation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

actions aimed at environmental improvement and climate change mitigation and adaptation;

actions aimed at environmental improvement and climate change mitigation and adaptation;

Amendment 273

Amendment 273

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point d

Article 43 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | integrated production; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

integrated production;

| (d) | integrated production
  , promoting sustainable use of natural resources while reducing pesticide and other input dependency
  ; |
| --- | --- |

(d)

integrated production
  , promoting sustainable use of natural resources while reducing pesticide and other input dependency
  ;

, promoting sustainable use of natural resources while reducing pesticide and other input dependency

Amendment 274

Amendment 274

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point e

Article 43 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | actions to conserve
  soil
  and enhance soil carbon; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

actions to conserve
  soil
  and enhance soil carbon;

soil

| (e) | actions to conserve
  and rebuild soil structure
  and enhance soil carbon
  including to avoid soil degradation
  ; |
| --- | --- |

(e)

actions to conserve
  and rebuild soil structure
  and enhance soil carbon
  including to avoid soil degradation
  ;

and rebuild soil structure

including to avoid soil degradation

Amendment 275

Amendment 275

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point h

Article 43 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | actions
  to
  improve
  pest
  resilience; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

actions
  to
  improve
  pest
  resilience;

to

pest

| (h) | actions improve resilience
  to pests and to mitigate pest damage, including by promoting IPM
  ; |
| --- | --- |

(h)

actions improve resilience
  to pests and to mitigate pest damage, including by promoting IPM
  ;

to pests and to mitigate pest damage, including by promoting IPM

Amendment 276

Amendment 276

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point h a (new)

Article 43 — paragraph 1 — point h a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ha) | actions to introduce production systems that boost especially biological and structural diversity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ha)

(ha)

actions to introduce production systems that boost especially biological and structural diversity;

actions to introduce production systems that boost especially biological and structural diversity;

Amendment 277

Amendment 277

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point k

Article 43 — paragraph 1 — point k

| Text proposed by the Commission | Amendment |
| --- | --- |
| (k) | actions to increase sustainability and efficiency of transport and of storage of products of the fruit and vegetables sector; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(k)

actions to increase sustainability and efficiency of transport and of storage of products of the fruit and vegetables sector;

| (k) | actions to increase sustainability and efficiency of transport and of storage of products of the fruit and vegetables sector
  and promote short supply chains
  ; |
| --- | --- |

(k)

actions to increase sustainability and efficiency of transport and of storage of products of the fruit and vegetables sector
  and promote short supply chains
  ;

and promote short supply chains

Amendment 279

Amendment 279

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point n

Article 43 — paragraph 1 — point n

| Text proposed by the Commission | Amendment |
| --- | --- |
| (n) | promotion and communication, including actions and activities aimed at diversification and consolidation of the fruit and vegetables markets
  and at
  informing about the health advantages of consumption of fruit and vegetables; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(n)

promotion and communication, including actions and activities aimed at diversification and consolidation of the fruit and vegetables markets
  and at
  informing about the health advantages of consumption of fruit and vegetables;

and at

| (n) | promotion and communication, including actions and activities aimed at diversification and consolidation of the fruit and vegetables markets
  , the search for new market outlets, as well as
  informing about the health advantages of consumption of fruit and vegetables; |
| --- | --- |

(n)

promotion and communication, including actions and activities aimed at diversification and consolidation of the fruit and vegetables markets
  , the search for new market outlets, as well as
  informing about the health advantages of consumption of fruit and vegetables;

, the search for new market outlets, as well as

Amendment 280

Amendment 280

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point o

Article 43 — paragraph 1 — point o

| Text proposed by the Commission | Amendment |
| --- | --- |
| (o) | advisory services and technical assistance,
  in particular
  concerning sustainable pest control techniques, sustainable use of pesticides
  and
  climate change adaptation and mitigation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(o)

advisory services and technical assistance,
  in particular
  concerning sustainable pest control techniques, sustainable use of pesticides
  and
  climate change adaptation and mitigation;

in particular

and

| (o) | advisory services, and technical assistance,
  including those
  concerning sustainable pest control techniques, sustainable use
  and reduction
  of pesticides
  , IPM,
  climate change adaptation and mitigation
  , agroecological practices, improvement of the quality of the products and the marketing conditions, as well as those related to negotiation, and application of phytosanitary protocols for exports to third countries
  ; |
| --- | --- |

(o)

advisory services, and technical assistance,
  including those
  concerning sustainable pest control techniques, sustainable use
  and reduction
  of pesticides
  , IPM,
  climate change adaptation and mitigation
  , agroecological practices, improvement of the quality of the products and the marketing conditions, as well as those related to negotiation, and application of phytosanitary protocols for exports to third countries
  ;

including those

and reduction

, IPM,

, agroecological practices, improvement of the quality of the products and the marketing conditions, as well as those related to negotiation, and application of phytosanitary protocols for exports to third countries

Amendment 281

Amendment 281

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point p

Article 43 — paragraph 1 — point p

| Text proposed by the Commission | Amendment |
| --- | --- |
| (p) | training and exchange of best practices
  in particular
  concerning sustainable pest control techniques, sustainable use of pesticides and contributing to climate change adaptation and mitigation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(p)

training and exchange of best practices
  in particular
  concerning sustainable pest control techniques, sustainable use of pesticides and contributing to climate change adaptation and mitigation.

in particular

| (p) | training and exchange of best practices
  including those
  concerning sustainable pest control techniques,
  alternatives to pesticides,
  sustainable use
  and reduction
  of pesticides and contributing to climate change adaptation and mitigation; |
| --- | --- |

(p)

training and exchange of best practices
  including those
  concerning sustainable pest control techniques,
  alternatives to pesticides,
  sustainable use
  and reduction
  of pesticides and contributing to climate change adaptation and mitigation;

including those

alternatives to pesticides,

and reduction

Amendment 282

Amendment 282

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point p a (new)

Article 43 — paragraph 1 — point p a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (pa) | actions aimed at improving quality through innovation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(pa)

(pa)

actions aimed at improving quality through innovation;

actions aimed at improving quality through innovation;

Amendment 283

Amendment 283

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — point p b (new)

Article 43 — paragraph 1 — point p b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (pb) | setting up traceability/certification systems. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(pb)

(pb)

setting up traceability/certification systems.

setting up traceability/certification systems.

Amendment 284

Amendment 284

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2 — point b

Article 43 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | investments in tangible and non-tangible assets making the management of the volumes placed on the market more efficient; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

investments in tangible and non-tangible assets making the management of the volumes placed on the market more efficient;

| (b) | investments in tangible and non-tangible assets making the management of the volumes placed on the market more efficient
  , including for collective storage
  ; |
| --- | --- |

(b)

investments in tangible and non-tangible assets making the management of the volumes placed on the market more efficient
  , including for collective storage
  ;

, including for collective storage

Amendment 285

Amendment 285

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2 — point d

Article 43 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | market withdrawal for free-distribution or other destinations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

market withdrawal for free-distribution or other destinations;

| (d) | market withdrawal for free-distribution
  , including the cost of processing withdrawn products before free distribution,
  or other destinations; |
| --- | --- |

(d)

market withdrawal for free-distribution
  , including the cost of processing withdrawn products before free distribution,
  or other destinations;

, including the cost of processing withdrawn products before free distribution,

Amendment 286

Amendment 286

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2 — point g

Article 43 — paragraph 2 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | harvest insurance that contributes to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations and at the same time ensuring that beneficiaries take necessary risk prevention measures; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

harvest insurance that contributes to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations and at the same time ensuring that beneficiaries take necessary risk prevention measures;

| (g) | harvest insurance
  , including index-based insurance policies that cover the occurrence of the measurable hazard,
  that contributes to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations and at the same time ensuring that beneficiaries take necessary risk prevention measures; |
| --- | --- |

(g)

harvest insurance
  , including index-based insurance policies that cover the occurrence of the measurable hazard,
  that contributes to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations and at the same time ensuring that beneficiaries take necessary risk prevention measures;

, including index-based insurance policies that cover the occurrence of the measurable hazard,

Amendment 287

Amendment 287

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2 — point h

Article 43 — paragraph 2 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | coaching to other producer organisations and associations of producer organisations recognised under Regulation (EU) No 1308/2013 or to individual producers; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

coaching to other producer organisations and associations of producer organisations recognised under Regulation (EU) No 1308/2013 or to individual producers;

| (h) | professional exchanges and/or
  coaching to other producer organisations and associations of producer organisations recognised under Regulation (EU) No 1308/2013 or to individual producers; |
| --- | --- |

(h)

professional exchanges and/or
  coaching to other producer organisations and associations of producer organisations recognised under Regulation (EU) No 1308/2013 or to individual producers;

professional exchanges and/or

Amendment 288

Amendment 288

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2 — point h a (new)

Article 43 — paragraph 2 — point h a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ha) | product promotion and raising awareness of the health benefits of fruit and vegetable consumption in response to market crises; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ha)

(ha)

product promotion and raising awareness of the health benefits of fruit and vegetable consumption in response to market crises;

product promotion and raising awareness of the health benefits of fruit and vegetable consumption in response to market crises;

Amendment 289

Amendment 289

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2 — point i

Article 43 — paragraph 2 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | implementation and management of third country phytosanitary protocols in the territory of the Union to
  facilitate
  access to third country markets; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

implementation and management of third country phytosanitary protocols in the territory of the Union to
  facilitate
  access to third country markets;

facilitate

| (i) | negotiation,
  implementation and management of third country phytosanitary protocols in the territory of the Union to
  enable the
  access to third country markets
  , including market studies
  ; |
| --- | --- |

(i)

negotiation,
  implementation and management of third country phytosanitary protocols in the territory of the Union to
  enable the
  access to third country markets
  , including market studies
  ;

negotiation,

enable the

, including market studies

Amendment 290

Amendment 290

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2 — point i a (new)

Article 43 — paragraph 2 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | phytosanitary crisis prevention and management; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ia)

(ia)

phytosanitary crisis prevention and management;

phytosanitary crisis prevention and management;

Amendment 291

Amendment 291

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2 — point k

Article 43 — paragraph 2 — point k

| Text proposed by the Commission | Amendment |
| --- | --- |
| (k) | advisory services and technical assistance,
  in particular
  concerning sustainable pest control techniques and sustainable use of pesticides. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(k)

advisory services and technical assistance,
  in particular
  concerning sustainable pest control techniques and sustainable use of pesticides.

in particular

| (k) | advisory services and technical assistance,
  including those
  concerning sustainable pest control techniques
  , such as IPM,
  and sustainable use
  and reduction
  of pesticides; |
| --- | --- |

(k)

advisory services and technical assistance,
  including those
  concerning sustainable pest control techniques
  , such as IPM,
  and sustainable use
  and reduction
  of pesticides;

including those

, such as IPM,

and reduction

Amendment 292

Amendment 292

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2 — point k a (new)

Article 43 — paragraph 2 — point k a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ka) | training measures and the exchange of best practices. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ka)

(ka)

training measures and the exchange of best practices.

training measures and the exchange of best practices.

Amendment 293

Amendment 293

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 2

Article 44 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Operational programs shall have a minimum duration of three years and a maximum duration of seven years. They shall pursue the objectives referred to in points (d) and (e) of Article 42 and at least two other objectives referred to in that Article. | 2.   Operational programs shall have a minimum duration of three years and a maximum duration of seven years. They shall pursue the objectives referred to in points
  (b),
  (d) and (e) of Article 42 and at least two other objectives referred to in that Article. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Operational programs shall have a minimum duration of three years and a maximum duration of seven years. They shall pursue the objectives referred to in points (d) and (e) of Article 42 and at least two other objectives referred to in that Article.

2.   Operational programs shall have a minimum duration of three years and a maximum duration of seven years. They shall pursue the objectives referred to in points
  (b),
  (d) and (e) of Article 42 and at least two other objectives referred to in that Article.

Amendment 294

Amendment 294

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 5 a (new)

Article 44 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  The operational programmes of the associations of producer organisations may be partial operational programmes or total operational programmes. The total operational programmes shall comply with the same management rules and conditions as the operative programs of the producer organisations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  The operational programmes of the associations of producer organisations may be partial operational programmes or total operational programmes. The total operational programmes shall comply with the same management rules and conditions as the operative programs of the producer organisations.

Amendment 295

Amendment 295

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 6 — subparagraph 1

Article 44 — paragraph 6 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Operational programs of associations of producer organisations shall not cover the same
  interventions
  as operational programs of member organisations. Member States shall consider operational programs of associations of producer organisations together with operational programs of member organisations. | Operational programs of associations of producer organisations shall not cover the same
  operations
  as operational programs of member organisations. Member States shall consider operational programs of associations of producer organisations together with operational programs of member organisations.
  Associations of producer organisations may submit partial operational programmes made up of measures identified, but not delivered, by member organisations in their operational programmes. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Operational programs of associations of producer organisations shall not cover the same
  interventions
  as operational programs of member organisations. Member States shall consider operational programs of associations of producer organisations together with operational programs of member organisations.

interventions

Operational programs of associations of producer organisations shall not cover the same
  operations
  as operational programs of member organisations. Member States shall consider operational programs of associations of producer organisations together with operational programs of member organisations.
  Associations of producer organisations may submit partial operational programmes made up of measures identified, but not delivered, by member organisations in their operational programmes.

operations

Associations of producer organisations may submit partial operational programmes made up of measures identified, but not delivered, by member organisations in their operational programmes.

Amendment 296

Amendment 296

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 6 — subparagraph 2 — point a

Article 44 — paragraph 6 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | interventions
  under operational programs of an association of producer organisations are entirely financed by contributions of those member organisations of that association and that such funding is collected from the operational funds of those member organisations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

interventions
  under operational programs of an association of producer organisations are entirely financed by contributions of those member organisations of that association and that such funding is collected from the operational funds of those member organisations;

interventions

| (a) | operations
  under operational programs of an association of producer organisations are entirely financed by contributions of those member organisations of that association and that such funding is collected from the operational funds of those member organisations; |
| --- | --- |

(a)

operations
  under operational programs of an association of producer organisations are entirely financed by contributions of those member organisations of that association and that such funding is collected from the operational funds of those member organisations;

operations

Amendment 298

Amendment 298

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 7 — point a a (new)

Article 44 — paragraph 7 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | operational programmes include three or more actions linked to the objectives referred to in points (d) and (e) of Article 42; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

operational programmes include three or more actions linked to the objectives referred to in points (d) and (e) of Article 42;

operational programmes include three or more actions linked to the objectives referred to in points (d) and (e) of Article 42;

Amendment 300

Amendment 300

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 7 a (new)

Article 44 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7a.
     
  Operational programmes approved before ... [the date of entry into force of this Regulation] shall be governed in accordance with the Regulations under which they were approved until their completion, unless the producer association or association of producer organisations voluntarily decides to adopt this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7a.
     
  Operational programmes approved before ... [the date of entry into force of this Regulation] shall be governed in accordance with the Regulations under which they were approved until their completion, unless the producer association or association of producer organisations voluntarily decides to adopt this Regulation.

Amendment 301

Amendment 301

Proposal for a regulation

Proposal for a regulation

Article 45 — paragraph 1 — point a

Article 45 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | financial contributions from: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

(a)

financial contributions from:

financial contributions from:

deleted

deleted

| | (i) | members of the producer organisation and/or the producer organisation itself; or |
| --- | --- | --- |

(i)

(i)

members of the producer organisation and/or the producer organisation itself; or

members of the producer organisation and/or the producer organisation itself; or

| (ii) | associations of producer organisations through the members of those associations; |
| --- | --- |

(ii)

(ii)

associations of producer organisations through the members of those associations;

associations of producer organisations through the members of those associations;

Amendment 302

Amendment 302

Proposal for a regulation

Proposal for a regulation

Article 45 — paragraph 1 — introductory part

Article 45 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Producer organisations in the fruit and vegetables sector and/or their associations may set up an operational fund. The fund
  shall
  be financed by: | 1.   Producer organisations in the fruit and vegetables sector and/or their associations may set up an operational fund
  to finance operational programmes approved by the Member States
  . The fund
  shall
  be financed by
  contributions from the producer organisation itself or association of producer organisations and/or its partners, together with the financial assistance provided under Article 46. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Producer organisations in the fruit and vegetables sector and/or their associations may set up an operational fund. The fund
  shall
  be financed by:

1.   Producer organisations in the fruit and vegetables sector and/or their associations may set up an operational fund
  to finance operational programmes approved by the Member States
  . The fund
  shall
  be financed by
  contributions from the producer organisation itself or association of producer organisations and/or its partners, together with the financial assistance provided under Article 46.

Amendment 303

Amendment 303

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — point b

Article 46 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 4,5  % of the value of marketed production of each association of producer organisations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

4,5  % of the value of marketed production of each association of producer organisations;

| (b) | 4,5  % of the value of marketed production of each association of producer organisations;
  and |
| --- | --- |

(b)

4,5  % of the value of marketed production of each association of producer organisations;
  and

and

Amendment 304

Amendment 304

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — point b a (new)

Article 46 — paragraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | 5 % of marketed production value:








  — | for producer organisations whose marketed production and number of members in the year of the presentation of the operational programme is 25 % higher than the average marketed production and the average number of producer members registered during their previous operational programme; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

5 % of marketed production value:

5 % of marketed production value:

—

for producer organisations whose marketed production and number of members in the year of the presentation of the operational programme is 25 % higher than the average marketed production and the average number of producer members registered during their previous operational programme;

for producer organisations whose marketed production and number of members in the year of the presentation of the operational programme is 25 % higher than the average marketed production and the average number of producer members registered during their previous operational programme;

| — | for the first operational programme of a producer organisation resulting from a merger; |
| --- | --- |

—

for the first operational programme of a producer organisation resulting from a merger;

for the first operational programme of a producer organisation resulting from a merger;

| — | for each transnational producer organisation or transnational association of producer organisations. |
| --- | --- |

—

for each transnational producer organisation or transnational association of producer organisations.

for each transnational producer organisation or transnational association of producer organisations.

Amendment 305

Amendment 305

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — subparagraph 1 — point c

Article 46 — paragraph 2 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | 5 % of the value of marketed production of each transnational producer organisation or transnational association of producer organisations |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

(c)

5 % of the value of marketed production of each transnational producer organisation or transnational association of producer organisations

5 % of the value of marketed production of each transnational producer organisation or transnational association of producer organisations

deleted

deleted

Amendment 306

Amendment 306

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — subparagraph 2 — introductory part

Article 46 — paragraph 2 — subparagraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| By way of derogation from the first subparagraph, the Union financial assistance may be increased
  as follows: | By way of derogation from the first subparagraph, the Union financial assistance
  provided for in points (a), (b) and (ba)
  may be increased
  by 0,5  % of the value of marketed production, provided that this percentage is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42; |
| (a) | in the case of producer organisations, the percentage may be increased to 4,6  % of the value of the marketed production, provided that the amount in excess of 4,1  % of the value of marketed production is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By way of derogation from the first subparagraph, the Union financial assistance may be increased
  as follows:

as follows:

By way of derogation from the first subparagraph, the Union financial assistance
  provided for in points (a), (b) and (ba)
  may be increased
  by 0,5  % of the value of marketed production, provided that this percentage is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42;

provided for in points (a), (b) and (ba)

by 0,5  % of the value of marketed production, provided that this percentage is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42;

(a)

(a)

in the case of producer organisations, the percentage may be increased to 4,6  % of the value of the marketed production, provided that the amount in excess of 4,1  % of the value of marketed production is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42;

in the case of producer organisations, the percentage may be increased to 4,6  % of the value of the marketed production, provided that the amount in excess of 4,1  % of the value of marketed production is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42;

| (b) | in the case of associations of producer organisations, the percentage may be increased to 5 % of the value of the marketed production, provided that the amount in excess of 4,5  % of the value of the marketed production is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42 implemented by the association of producer organisations on behalf of its members; |
| --- | --- |

(b)

(b)

in the case of associations of producer organisations, the percentage may be increased to 5 % of the value of the marketed production, provided that the amount in excess of 4,5  % of the value of the marketed production is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42 implemented by the association of producer organisations on behalf of its members;

in the case of associations of producer organisations, the percentage may be increased to 5 % of the value of the marketed production, provided that the amount in excess of 4,5  % of the value of the marketed production is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42 implemented by the association of producer organisations on behalf of its members;

| (c) | in the case of transnational producer organisation or transnational association of producer organisations, the percentage may be increased to 5,5  % of the value of the marketed production, provided that the amount in excess of 5 % of the value of the marketed production is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42 implemented by the transnational producer organisation or transnational association of producer organisations on behalf of its members. |
| --- | --- |

(c)

(c)

in the case of transnational producer organisation or transnational association of producer organisations, the percentage may be increased to 5,5  % of the value of the marketed production, provided that the amount in excess of 5 % of the value of the marketed production is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42 implemented by the transnational producer organisation or transnational association of producer organisations on behalf of its members.

in the case of transnational producer organisation or transnational association of producer organisations, the percentage may be increased to 5,5  % of the value of the marketed production, provided that the amount in excess of 5 % of the value of the marketed production is used solely for one or more interventions linked to the objectives referred to in points (c), (d), (e), (g), (h) and (i) of Article 42 implemented by the transnational producer organisation or transnational association of producer organisations on behalf of its members.

Amendment 307

Amendment 307

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 3 — point a

Article 46 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | producer organisations operating in different Member States implementing interventions linked to the objectives referred to in points (b) and (e) of Article 42 transnationally; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

producer organisations operating in different Member States implementing interventions linked to the objectives referred to in points (b) and (e) of Article 42 transnationally;

| (a) | producer organisations and associations of
  producer organisations operating in different Member States implementing interventions linked to the objectives referred to in points (b) and (e) of Article 42 transnationally; |
| --- | --- |

(a)

producer organisations and associations of
  producer organisations operating in different Member States implementing interventions linked to the objectives referred to in points (b) and (e) of Article 42 transnationally;

producer organisations and associations of

Amendment 308

Amendment 308

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 3 — point d

Article 46 — paragraph 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | operational program is for the first time implemented by an association of producer organisations recognised under Regulation (EU) No 1308/2013; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

operational program is for the first time implemented by an association of producer organisations recognised under Regulation (EU) No 1308/2013;

| (d) | operational program is for the first time implemented by
  a producer organisation or
  an association of producer organisations
  active in one Member State or an association of producer organisations operating in different Member States
  recognised under Regulation (EU) No 1308/2013; |
| --- | --- |

(d)

operational program is for the first time implemented by
  a producer organisation or
  an association of producer organisations
  active in one Member State or an association of producer organisations operating in different Member States
  recognised under Regulation (EU) No 1308/2013;

a producer organisation or

active in one Member State or an association of producer organisations operating in different Member States

Amendment 309

Amendment 309

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 3 — point f a (new)

Article 46 — paragraph 3 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | producer organisations operate in mountain areas and island regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fa)

(fa)

producer organisations operate in mountain areas and island regions;

producer organisations operate in mountain areas and island regions;

Amendment 310

Amendment 310

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 1

Article 47 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In regions of the Member States in which the degree of organisation of producers in the fruit and vegetables sector is significantly below the Union average, Member States may grant producer organisations recognised under Regulation (EU) No 1308/2013 national financial assistance equal to a maximum of 80 % of the financial contributions referred to in point (a) of Article 45(1) and up to 10 % of the value of the marketed production of any such producer organisation. The national financial assistance shall be additional to the operational fund. | 1.   In regions of the Member States in which the degree of organisation of producers in the fruit and vegetables sector is significantly below the Union average
  and in island and outlying regions
  , Member States may grant producer organisations recognised under Regulation (EU) No 1308/2013 national financial assistance equal to a maximum of 80 % of the financial contributions referred to in point (a) of Article 45(1) and up to 10 % of the value of the marketed production of any such producer organisation. The national financial assistance shall be additional to the operational fund. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   In regions of the Member States in which the degree of organisation of producers in the fruit and vegetables sector is significantly below the Union average, Member States may grant producer organisations recognised under Regulation (EU) No 1308/2013 national financial assistance equal to a maximum of 80 % of the financial contributions referred to in point (a) of Article 45(1) and up to 10 % of the value of the marketed production of any such producer organisation. The national financial assistance shall be additional to the operational fund.

1.   In regions of the Member States in which the degree of organisation of producers in the fruit and vegetables sector is significantly below the Union average
  and in island and outlying regions
  , Member States may grant producer organisations recognised under Regulation (EU) No 1308/2013 national financial assistance equal to a maximum of 80 % of the financial contributions referred to in point (a) of Article 45(1) and up to 10 % of the value of the marketed production of any such producer organisation. The national financial assistance shall be additional to the operational fund.

Amendment 311

Amendment 311

Proposal for a regulation

Proposal for a regulation

Article 48 — paragraph 1

Article 48 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member States shall pursue
  at least one of the
  specific objectives referred to in Article 6(1) in the apiculture sector. | The Member States shall pursue
  relevant
  specific objectives referred to in Article 6(1) in the apiculture sector. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member States shall pursue
  at least one of the
  specific objectives referred to in Article 6(1) in the apiculture sector.

at least one of the

The Member States shall pursue
  relevant
  specific objectives referred to in Article 6(1) in the apiculture sector.

relevant

Amendment 312

Amendment 312

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — introductory part

Article 49 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall choose in their CAP Strategic Plans
  for each specific objective set out in Article 6(1)
  one or more of the following types of interventions in the apiculture sector: | 1.   Member States shall choose in their CAP Strategic Plans one or more of the following types of interventions in the apiculture sector: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall choose in their CAP Strategic Plans
  for each specific objective set out in Article 6(1)
  one or more of the following types of interventions in the apiculture sector:

1.   Member States shall choose in their CAP Strategic Plans one or more of the following types of interventions in the apiculture sector:

Amendment 313

Amendment 313

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point a

Article 49 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | technical assistance to beekeepers and beekeepers' organisations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

technical assistance to beekeepers and beekeepers' organisations;

| (a) | technical assistance to beekeepers and beekeepers' organisations
  , including promotion of good practices, information and publicity, and basic and continuing education and training
  ; |
| --- | --- |

(a)

technical assistance to beekeepers and beekeepers' organisations
  , including promotion of good practices, information and publicity, and basic and continuing education and training
  ;

, including promotion of good practices, information and publicity, and basic and continuing education and training

Amendment 314

Amendment 314

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point b

Article 49 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | actions to combat beehive invaders and diseases, in particular varroasis; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

actions to combat beehive invaders and diseases, in particular varroasis;

| (b) | actions to combat
  and prevent
  beehive invaders and diseases, in particular varroasis
  , and to increase resilience to epidemics
  ; |
| --- | --- |

(b)

actions to combat
  and prevent
  beehive invaders and diseases, in particular varroasis
  , and to increase resilience to epidemics
  ;

and prevent

, and to increase resilience to epidemics

Amendment 315

Amendment 315

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point b a (new)

Article 49 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | setting up and /or developing national bee health networks; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

setting up and /or developing national bee health networks;

setting up and /or developing national bee health networks;

Amendment 316

Amendment 316

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point d

Article 49 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | actions to support laboratories for the analysis of apiculture products; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

actions to support laboratories for the analysis of apiculture products;

| (d) | actions to support
  national, regional or local
  laboratories for the analysis of apiculture products
  , bee losses or productivity drops, and substances potentially toxic to bees
  ; |
| --- | --- |

(d)

actions to support
  national, regional or local
  laboratories for the analysis of apiculture products
  , bee losses or productivity drops, and substances potentially toxic to bees
  ;

national, regional or local

, bee losses or productivity drops, and substances potentially toxic to bees

Amendment 317

Amendment 317

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point e

Article 49 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | restocking of beehives in the Union
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

restocking of beehives in the Union
  ;

restocking of beehives in the Union

| (e) | actions to preserve or increase the existing number of bee populations
  ; |
| --- | --- |

(e)

actions to preserve or increase the existing number of bee populations
  ;

actions to preserve or increase the existing number of bee populations

Amendment 318

Amendment 318

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point f

Article 49 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | cooperation with specialised bodies for the
  implementation
  of research programs in the field of beekeeping and apiculture products; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

cooperation with specialised bodies for the
  implementation
  of research programs in the field of beekeeping and apiculture products;

implementation

| (f) | cooperation with specialised bodies for the
  application
  of research
  and experimental
  programs in the field of beekeeping and apiculture products; |
| --- | --- |

(f)

cooperation with specialised bodies for the
  application
  of research
  and experimental
  programs in the field of beekeeping and apiculture products;

application

and experimental

Amendment 319

Amendment 319

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point h a (new)

Article 49 — paragraph 1 — point h a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ha) | investments in tangible and non-tangible assets; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ha)

(ha)

investments in tangible and non-tangible assets;

investments in tangible and non-tangible assets;

Amendment 320

Amendment 320

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point h b (new)

Article 49 — paragraph 1 — point h b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (hb) | actions to plan production, and adjust supply to demand; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(hb)

(hb)

actions to plan production, and adjust supply to demand;

actions to plan production, and adjust supply to demand;

Amendment 321

Amendment 321

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point h c (new)

Article 49 — paragraph 1 — point h c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (hc) | prevention measures to address adverse climatic events; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(hc)

(hc)

prevention measures to address adverse climatic events;

prevention measures to address adverse climatic events;

Amendment 322

Amendment 322

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point h d (new)

Article 49 — paragraph 1 — point h d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (hd) | actions for adaptation to climate change and adverse climatic events; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(hd)

(hd)

actions for adaptation to climate change and adverse climatic events;

actions for adaptation to climate change and adverse climatic events;

Amendment 323

Amendment 323

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point h e (new)

Article 49 — paragraph 1 — point h e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (he) | measures to promote cooperation between beekeepers and farmers, particularly with a view to reducing the impact of pesticide use; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(he)

(he)

measures to promote cooperation between beekeepers and farmers, particularly with a view to reducing the impact of pesticide use;

measures to promote cooperation between beekeepers and farmers, particularly with a view to reducing the impact of pesticide use;

Amendment 324

Amendment 324

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point h f (new)

Article 49 — paragraph 1 — point h f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (hf) | energy saving, increased energy efficiency and ecological packaging; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(hf)

(hf)

energy saving, increased energy efficiency and ecological packaging;

energy saving, increased energy efficiency and ecological packaging;

Amendment 325

Amendment 325

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point h g (new)

Article 49 — paragraph 1 — point h g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (hg) | reduction of waste production and better use and management of by-products and waste; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(hg)

(hg)

reduction of waste production and better use and management of by-products and waste;

reduction of waste production and better use and management of by-products and waste;

Amendment 326

Amendment 326

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point h h (new)

Article 49 — paragraph 1 — point h h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (hh) | actions to improve pollination of the honey bees and their coexistence with wild pollinators, including by creating and maintaining favourable habitats; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(hh)

(hh)

actions to improve pollination of the honey bees and their coexistence with wild pollinators, including by creating and maintaining favourable habitats;

actions to improve pollination of the honey bees and their coexistence with wild pollinators, including by creating and maintaining favourable habitats;

Amendment 327

Amendment 327

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point h i (new)

Article 49 — paragraph 1 — point h i (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (hi) | actions to enhance genetic diversity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(hi)

(hi)

actions to enhance genetic diversity;

Amendment 328

Amendment 328

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point h j (new)

Article 49 — paragraph 1 — point h j (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (hj) | measures to support young or new beekeepers. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(hj)

(hj)

measures to support young or new beekeepers.

Amendment 329

Amendment 329

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 4

Article 49 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Union financial assistance to the interventions referred to in paragraph 2 shall be maximum
  50 %
  of the expenditure. The remaining part of the expenditure shall be borne by the Member States. | 4.   The Union financial assistance to the interventions referred to in paragraph 2 shall be maximum
  75 %
  of the expenditure
  , with the exception of the outermost regions, where the ceiling shall be 85 %
  . The remaining part of the expenditure shall be borne by the Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The Union financial assistance to the interventions referred to in paragraph 2 shall be maximum
  50 %
  of the expenditure. The remaining part of the expenditure shall be borne by the Member States.

4.   The Union financial assistance to the interventions referred to in paragraph 2 shall be maximum
  75 %
  of the expenditure
  , with the exception of the outermost regions, where the ceiling shall be 85 %
  . The remaining part of the expenditure shall be borne by the Member States.

Amendment 330

Amendment 330

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 5

Article 49 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   When drawing up their CAP Strategic Plans Member States shall seek the advice of the representatives of organisations in the beekeeping field. | 5.   When drawing up their CAP Strategic Plans Member States shall seek the advice of the representatives of organisations in the beekeeping field
  and the competent authorities
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   When drawing up their CAP Strategic Plans Member States shall seek the advice of the representatives of organisations in the beekeeping field.

5.   When drawing up their CAP Strategic Plans Member States shall seek the advice of the representatives of organisations in the beekeeping field
  and the competent authorities
  .

Amendment 331

Amendment 331

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 6

Article 49 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Member States shall notify the Commission annually of the number of beehives in their territory. | 6.   Member States shall notify the Commission annually of the number of beehives
  and/or bee colonies
  in their territory. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Member States shall notify the Commission annually of the number of beehives in their territory.

6.   Member States shall notify the Commission annually of the number of beehives
  and/or bee colonies
  in their territory.

Amendment 332

Amendment 332

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 6 a (new)

Article 49 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  All the national programmes approved before ... [the date of entry into force of this Regulation] shall be governed in accordance with Regulation (EU) No 1308/2013 until the date scheduled for their completion. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6a.
     
  All the national programmes approved before ... [the date of entry into force of this Regulation] shall be governed in accordance with Regulation (EU) No 1308/2013 until the date scheduled for their completion.

Amendment 333

Amendment 333

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 1 — introductory part

Article 50 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission
  shall be
  empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with requirements additional to those laid down in this Section concerning: | The Commission
  is
  empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with requirements additional to those laid down in this Section concerning: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission
  shall be
  empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with requirements additional to those laid down in this Section concerning:

shall be

The Commission
  is
  empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with requirements additional to those laid down in this Section concerning:

is

Amendment 334

Amendment 334

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 1 — point a

Article 50 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the obligation of Member States to notify the Commission annually of the number of beehives in their territory laid down in Article 49(6); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the obligation of Member States to notify the Commission annually of the number of beehives in their territory laid down in Article 49(6);

| (a) | the obligation of Member States to notify the Commission annually of the number of beehives
  and/or bee colonies
  in their territory laid down in Article 49(6); |
| --- | --- |

(a)

the obligation of Member States to notify the Commission annually of the number of beehives
  and/or bee colonies
  in their territory laid down in Article 49(6);

and/or bee colonies

Amendment 335

Amendment 335

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 1 — point b

Article 50 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | a definition of a beehive and methods for calculating the number of beehives; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

a definition of a beehive and methods for calculating the number of beehives;

| (b) | a definition of a beehive and methods for calculating the number of beehives
  and bee colonies
  ; |
| --- | --- |

(b)

a definition of a beehive and methods for calculating the number of beehives
  and bee colonies
  ;

and bee colonies

Amendment 336

Amendment 336

Proposal for a regulation

Proposal for a regulation

Article 51 — paragraph 1 — introductory part

Article 51 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall pursue one or more of the following objectives in the wine sector: | In accordance with Articles 5 and 6,
  Member States shall pursue one or more of the following objectives in the wine sector: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall pursue one or more of the following objectives in the wine sector:

In accordance with Articles 5 and 6,
  Member States shall pursue one or more of the following objectives in the wine sector:

In accordance with Articles 5 and 6,

Amendment 337

Amendment 337

Proposal for a regulation

Proposal for a regulation

Article 51 — paragraph 1 — point a

Article 51 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | improve competitiveness of Union wine producers
  including contributing to improvement of sustainable production systems and reduction of environmental impact of the Union wine sector; those objectives relate to the specific objectives set out
  in points (b)
  to (f) and (h)
  of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

improve competitiveness of Union wine producers
  including contributing to improvement of sustainable production systems and reduction of environmental impact of the Union wine sector; those objectives relate to the specific objectives set out
  in points (b)
  to (f) and (h)
  of Article 6(1);

including contributing to improvement of sustainable production systems and reduction of environmental impact of the Union wine sector; those objectives relate to the specific objectives set out

to (f) and (h)

| (a) | improve
  the economic sustainability and
  competitiveness of Union wine producers in
  line with
  points
  (a),
  (b)
  and (c)
  of Article 6(1); |
| --- | --- |

(a)

improve
  the economic sustainability and
  competitiveness of Union wine producers in
  line with
  points
  (a),
  (b)
  and (c)
  of Article 6(1);

the economic sustainability and

line with

(a),

and (c)

Amendment 338

Amendment 338

Proposal for a regulation

Proposal for a regulation

Article 51 — paragraph 1 — point a a (new)

Article 51 — paragraph 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | contribute to climate change mitigation and adaptation and to the improvement of sustainable production systems and the reduction of the environmental impact of the Union wine sector, including by supporting winegrowers in reducing the use of inputs and implementing more environmentally-sustainable methods and cultivation practices, as well as to preserve the diversity of traditional Union varietals; those objectives relate to the specific objectives set out in points (d), (e) and (f) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

contribute to climate change mitigation and adaptation and to the improvement of sustainable production systems and the reduction of the environmental impact of the Union wine sector, including by supporting winegrowers in reducing the use of inputs and implementing more environmentally-sustainable methods and cultivation practices, as well as to preserve the diversity of traditional Union varietals; those objectives relate to the specific objectives set out in points (d), (e) and (f) of Article 6(1);

contribute to climate change mitigation and adaptation and to the improvement of sustainable production systems and the reduction of the environmental impact of the Union wine sector, including by supporting winegrowers in reducing the use of inputs and implementing more environmentally-sustainable methods and cultivation practices, as well as to preserve the diversity of traditional Union varietals; those objectives relate to the specific objectives set out in points (d), (e) and (f) of Article 6(1);

Amendments 339 and 820cp3

Amendments 339 and 820cp3

Proposal for a regulation

Proposal for a regulation

Article 51 — paragraph 1 — point b

Article 51 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | improve performance of Union wine enterprises and their adaptation to market demands, as well as increase their competitiveness as regards the production and marketing of grapevine products, including energy savings, global energy efficiency and sustainable processes; those objectives relate to the specific objectives set out in points (a), to (e), (g) and (h) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

improve performance of Union wine enterprises and their adaptation to market demands, as well as increase their competitiveness as regards the production and marketing of grapevine products, including energy savings, global energy efficiency and sustainable processes; those objectives relate to the specific objectives set out in points (a), to (e), (g) and (h) of Article 6(1);

| (b) | improve performance of Union wine enterprises and their adaptation to market demands, as well as increase their
  long-term
  competitiveness as regards the production and marketing of grapevine products, including energy savings, global energy efficiency and sustainable processes; those objectives relate to the specific objectives set out in points (a), to (e), (g) and (h) of Article 6(1); |
| --- | --- |

(b)

improve performance of Union wine enterprises and their adaptation to market demands, as well as increase their
  long-term
  competitiveness as regards the production and marketing of grapevine products, including energy savings, global energy efficiency and sustainable processes; those objectives relate to the specific objectives set out in points (a), to (e), (g) and (h) of Article 6(1);

long-term

Amendment 340

Amendment 340

Proposal for a regulation

Proposal for a regulation

Article 51 — paragraph 1 — point c a (new)

Article 51 — paragraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | to improve the concentration of supply with a view to economic performance and sector structuring, in accordance with the objective set out in point (b) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

to improve the concentration of supply with a view to economic performance and sector structuring, in accordance with the objective set out in point (b) of Article 6(1);

to improve the concentration of supply with a view to economic performance and sector structuring, in accordance with the objective set out in point (b) of Article 6(1);

Amendment 341

Amendment 341

Proposal for a regulation

Proposal for a regulation

Article 51 — paragraph 1 — point f

Article 51 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | use of wine making by-products for industrial and energy purposes ensuring the quality of Union wine while protecting the environment; that objective relates to the specific objectives set out in points (d) and (e) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

use of wine making by-products for industrial and energy purposes ensuring the quality of Union wine while protecting the environment; that objective relates to the specific objectives set out in points (d) and (e) of Article 6(1);

| (f) | use of wine making by-products
  and residues
  for industrial and energy
  or agronomic
  purposes ensuring the quality of Union wine while protecting the environment; that objective relates to the specific objectives set out in points (d) and (e) of Article 6(1); |
| --- | --- |

(f)

use of wine making by-products
  and residues
  for industrial and energy
  or agronomic
  purposes ensuring the quality of Union wine while protecting the environment; that objective relates to the specific objectives set out in points (d) and (e) of Article 6(1);

and residues

or agronomic

Amendment 342

Amendment 342

Proposal for a regulation

Proposal for a regulation

Article 51 — paragraph 1 — point h

Article 51 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | improve competitiveness of Union grapevine products in third countries; that objective relates to the objectives set out in points (b) and (h) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

improve competitiveness of Union grapevine products in third countries; that objective relates to the objectives set out in points (b) and (h) of Article 6(1);

| (h) | improve competitiveness of Union grapevine products in third countries
  , including the opening, diversification and consolidation of the wine markets
  ; that objective relates to the objectives set out in points (b) and (h) of Article 6(1); |
| --- | --- |

(h)

improve competitiveness of Union grapevine products in third countries
  , including the opening, diversification and consolidation of the wine markets
  ; that objective relates to the objectives set out in points (b) and (h) of Article 6(1);

, including the opening, diversification and consolidation of the wine markets

Amendment 343

Amendment 343

Proposal for a regulation

Proposal for a regulation

Article 51 — paragraph 1 — point i a (new)

Article 51 — paragraph 1 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | ensure the economic sustainability and profitability of viticulture in areas with significant natural constraints, steep areas and less developed areas in accordance with the specific objectives set out in points (a), (b) and (h) of Article 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ia)

(ia)

ensure the economic sustainability and profitability of viticulture in areas with significant natural constraints, steep areas and less developed areas in accordance with the specific objectives set out in points (a), (b) and (h) of Article 6(1).

ensure the economic sustainability and profitability of viticulture in areas with significant natural constraints, steep areas and less developed areas in accordance with the specific objectives set out in points (a), (b) and (h) of Article 6(1).

Amendment 820cp7

Amendment 820cp7

Proposal for a regulation

Proposal for a regulation

Article 51 — paragraph 1 — point i b (new)

Article 51 — paragraph 1 — point i b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ib) | contribute to climate change mitigation and adaptation; this objective relates to the specific objectives set out in point (d) of Article 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ib)

(ib)

contribute to climate change mitigation and adaptation; this objective relates to the specific objectives set out in point (d) of Article 6(1).

contribute to climate change mitigation and adaptation; this objective relates to the specific objectives set out in point (d) of Article 6(1).

Amendments 344 and 1122cp1

Amendments 344 and 1122cp1

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point a

Article 52 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | restructuring and conversion of vineyards, including replanting of vineyards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority, but excluding the normal renewal of vineyards consisting of replanting of the same parcel of land with the same grape variety according to the same system of vine cultivation, when vines have to come to the end of their natural life; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

restructuring and conversion of vineyards, including replanting of vineyards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority, but excluding the normal renewal of vineyards consisting of replanting of the same parcel of land with the same grape variety according to the same system of vine cultivation, when vines have to come to the end of their natural life;

| (a) | restructuring and conversion of vineyards, including replanting of vineyards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority
  , or following voluntary grubbing up for replanting for reasons of adaptation to climate change and for the enhancement of genetic diversity
  , but excluding the normal renewal of vineyards consisting of replanting of the same parcel of land with the same grape variety according to the same system of vine cultivation, when vines have to come to the end of their natural life; |
| --- | --- |

(a)

restructuring and conversion of vineyards, including replanting of vineyards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority
  , or following voluntary grubbing up for replanting for reasons of adaptation to climate change and for the enhancement of genetic diversity
  , but excluding the normal renewal of vineyards consisting of replanting of the same parcel of land with the same grape variety according to the same system of vine cultivation, when vines have to come to the end of their natural life;

, or following voluntary grubbing up for replanting for reasons of adaptation to climate change and for the enhancement of genetic diversity

Amendments 345 and 1122cp2

Amendments 345 and 1122cp2

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point a a (new)

Article 52 — paragraph 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | planting of vines on land granted under the scheme of authorisations set out in Section 1, Chapter 3 of Regulation (EU) No 1308/2013, in traditional wine-making areas at risk of disappearance, to be defined by the Member States, as a measure to protect wine-making diversity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

planting of vines on land granted under the scheme of authorisations set out in Section 1, Chapter 3 of Regulation (EU) No 1308/2013, in traditional wine-making areas at risk of disappearance, to be defined by the Member States, as a measure to protect wine-making diversity;

planting of vines on land granted under the scheme of authorisations set out in Section 1, Chapter 3 of Regulation (EU) No 1308/2013, in traditional wine-making areas at risk of disappearance, to be defined by the Member States, as a measure to protect wine-making diversity;

Amendments 346 and 1122cp2

Amendments 346 and 1122cp2

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point a b (new)

Article 52 — paragraph 1 — point a b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ab) | research and experimental production and other measures, in particular in the fields of conservation, study and enhancement of inter-varietal and intra-varietal variability of European vine varieties and activities to promote their economic use; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ab)

(ab)

research and experimental production and other measures, in particular in the fields of conservation, study and enhancement of inter-varietal and intra-varietal variability of European vine varieties and activities to promote their economic use;

research and experimental production and other measures, in particular in the fields of conservation, study and enhancement of inter-varietal and intra-varietal variability of European vine varieties and activities to promote their economic use;

Amendments 347 and 1122cp2

Amendments 347 and 1122cp2

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point a c (new)

Article 52 — paragraph 1 — point a c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ac) | actions to reduce the use of pesticides; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ac)

(ac)

actions to reduce the use of pesticides;

actions to reduce the use of pesticides;

Amendments 348 and 1122cp2

Amendments 348 and 1122cp2

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point a d (new)

Article 52 — paragraph 1 — point a d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ad) | actions to reduce risk-taking for winegrowers who undertake to radically change their practices and their system of products to produce in a more sustainable way, including adding structural and biological diversity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ad)

(ad)

actions to reduce risk-taking for winegrowers who undertake to radically change their practices and their system of products to produce in a more sustainable way, including adding structural and biological diversity;

actions to reduce risk-taking for winegrowers who undertake to radically change their practices and their system of products to produce in a more sustainable way, including adding structural and biological diversity;

Amendments 349 and 1122cp2

Amendments 349 and 1122cp2

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point b

Article 52 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | tangible and intangible investments in processing facilities and winery infrastructure, as well as marketing structures and tools; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

tangible and intangible investments in processing facilities and winery infrastructure, as well as marketing structures and tools;

| (b) | tangible and intangible investments
  in wine-growing holdings, including in steep and terrace areas, with the exception of operations falling under the type of intervention described in point (a), and
  in processing facilities and winery infrastructure, as well as marketing structures and tools;
  such investments may aim at the protection of vineyards against climatic hazards and the adaptation of holdings to new Union legal requirements; |
| --- | --- |

(b)

tangible and intangible investments
  in wine-growing holdings, including in steep and terrace areas, with the exception of operations falling under the type of intervention described in point (a), and
  in processing facilities and winery infrastructure, as well as marketing structures and tools;
  such investments may aim at the protection of vineyards against climatic hazards and the adaptation of holdings to new Union legal requirements;

in wine-growing holdings, including in steep and terrace areas, with the exception of operations falling under the type of intervention described in point (a), and

such investments may aim at the protection of vineyards against climatic hazards and the adaptation of holdings to new Union legal requirements;

Amendments 350 and 1122cp2

Amendments 350 and 1122cp2

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point d

Article 52 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | harvest insurance against income losses as a consequence of adverse climatic events assimilated to natural disasters, adverse climatic events, animals, plant diseases or pest infestations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

harvest insurance against income losses as a consequence of adverse climatic events assimilated to natural disasters, adverse climatic events, animals, plant diseases or pest infestations;

| (d) | harvest insurance against income losses as a consequence of adverse climatic events assimilated to natural disasters, adverse climatic events, animals, plant diseases or pest infestations
  , while ensuring that beneficiaries take necessary risk prevention measures
  ; |
| --- | --- |

(d)

harvest insurance against income losses as a consequence of adverse climatic events assimilated to natural disasters, adverse climatic events, animals, plant diseases or pest infestations
  , while ensuring that beneficiaries take necessary risk prevention measures
  ;

, while ensuring that beneficiaries take necessary risk prevention measures

Amendments 351 and 1122cp2

Amendments 351 and 1122cp2

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point e

Article 52 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | tangible and intangible investments in innovation consisting of development of innovative products and by-products of wine making, processes and technologies, other investments adding value at any stage of the supply chain, including for knowledge exchange; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

tangible and intangible investments in innovation consisting of development of innovative products and by-products of wine making, processes and technologies, other investments adding value at any stage of the supply chain, including for knowledge exchange;

| (e) | tangible and intangible investments in
  digitalisation and
  innovation consisting of development of innovative products and
  technological processes, connected with the products referred to in Part II of Annex VII to Regulation (EU) No 1308/2013 or with
  by-products of wine making, processes and technologies, other investments adding value at any stage of the supply chain, including for knowledge exchange
  , and/or contributing to adaptation to climate change
  ; |
| --- | --- |

(e)

tangible and intangible investments in
  digitalisation and
  innovation consisting of development of innovative products and
  technological processes, connected with the products referred to in Part II of Annex VII to Regulation (EU) No 1308/2013 or with
  by-products of wine making, processes and technologies, other investments adding value at any stage of the supply chain, including for knowledge exchange
  , and/or contributing to adaptation to climate change
  ;

digitalisation and

technological processes, connected with the products referred to in Part II of Annex VII to Regulation (EU) No 1308/2013 or with

, and/or contributing to adaptation to climate change

Amendments 353 and 1122cp3

Amendments 353 and 1122cp3

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point g

Article 52 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | information actions concerning Union wines carried out in Member States encouraging responsible consumption of wine
  or promoting Union quality schemes covering designations of origin and geographical indications
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

information actions concerning Union wines carried out in Member States encouraging responsible consumption of wine
  or promoting Union quality schemes covering designations of origin and geographical indications
  ;

or promoting Union quality schemes covering designations of origin and geographical indications

| (g) | information actions concerning Union wines carried out in Member States encouraging responsible consumption of wine; |
| --- | --- |

(g)

information actions concerning Union wines carried out in Member States encouraging responsible consumption of wine;

Amendments 354 and 1122cp4

Amendments 354 and 1122cp4

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point g a (new)

Article 52 — paragraph 1 — point g a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ga) | actions aiming at improving market knowledge, such as economic and regulatory studies on existing markets, as well as actions to promote wine tourism, to enhance the reputation of European vineyards; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ga)

(ga)

actions aiming at improving market knowledge, such as economic and regulatory studies on existing markets, as well as actions to promote wine tourism, to enhance the reputation of European vineyards;

actions aiming at improving market knowledge, such as economic and regulatory studies on existing markets, as well as actions to promote wine tourism, to enhance the reputation of European vineyards;

Amendments 355 and 1122cp5

Amendments 355 and 1122cp5

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point h — introductory part

Article 52 — paragraph 1 — point h — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | promotion carried out in third countries, consisting of one or more of the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

promotion carried out in third countries, consisting of one or more of the following:

| (h) | promotion
  and communication
  carried out in third countries, consisting of one or more of the following
  actions and activities aimed at improving the competitiveness of the wine sector, and the opening, diversification or consolidation of the markets
  : |
| --- | --- |

(h)

promotion
  and communication
  carried out in third countries, consisting of one or more of the following
  actions and activities aimed at improving the competitiveness of the wine sector, and the opening, diversification or consolidation of the markets
  :

and communication

actions and activities aimed at improving the competitiveness of the wine sector, and the opening, diversification or consolidation of the markets

Amendments 356 and 1122cp5

Amendments 356 and 1122cp5

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point h — point iv

Article 52 — paragraph 1 — point h — point iv

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iv) | studies of new markets, necessary for the expansion of market outlets; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iv)

studies of new markets, necessary for the expansion of market outlets;

| (iv) | studies of new
  or existing
  markets, necessary for the expansion
  and consolidation
  of market outlets; |
| --- | --- |

(iv)

studies of new
  or existing
  markets, necessary for the expansion
  and consolidation
  of market outlets;

or existing

and consolidation

Amendments 357 and 1122cp5

Amendments 357 and 1122cp5

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point h — point vi

Article 52 — paragraph 1 — point h — point vi

| Text proposed by the Commission | Amendment |
| --- | --- |
| (vi) | preparation of technical files, including laboratory tests and assessments, concerning oenological practices, phytosanitary and hygiene rules, as well as other third country requirements for import of products of the wine sector, to
  facilitate
  access to third country markets; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(vi)

preparation of technical files, including laboratory tests and assessments, concerning oenological practices, phytosanitary and hygiene rules, as well as other third country requirements for import of products of the wine sector, to
  facilitate
  access to third country markets;

facilitate

| (vi) | preparation of technical files, including laboratory tests and assessments, concerning oenological practices, phytosanitary and hygiene rules, as well as other third country requirements for import of products of the wine sector, to
  prevent restriction of, or to enable
  access to third country markets; |
| --- | --- |

(vi)

preparation of technical files, including laboratory tests and assessments, concerning oenological practices, phytosanitary and hygiene rules, as well as other third country requirements for import of products of the wine sector, to
  prevent restriction of, or to enable
  access to third country markets;

prevent restriction of, or to enable

Amendments 358 and 1122cp6

Amendments 358 and 1122cp6

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point i a (new)

Article 52 — paragraph 1 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | actions to improve use and management of water; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ia)

(ia)

actions to improve use and management of water;

actions to improve use and management of water;

Amendments 359 and 1122cp6

Amendments 359 and 1122cp6

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point i b (new)

Article 52 — paragraph 1 — point i b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ib) | organic production; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ib)

(ib)

organic production;

organic production;

Amendments 360 and 1122cp6

Amendments 360 and 1122cp6

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point i c (new)

Article 52 — paragraph 1 — point i c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ic) | integrated production; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ic)

(ic)

integrated production;

integrated production;

Amendments 361 and 1122cp6

Amendments 361 and 1122cp6

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point i d (new)

Article 52 — paragraph 1 — point i d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (id) | precision or digitised production; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(id)

(id)

precision or digitised production;

precision or digitised production;

Amendments 362 and 1122cp6

Amendments 362 and 1122cp6

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point i e (new)

Article 52 — paragraph 1 — point i e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ie) | soil conservation and enhancement of soil carbon; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ie)

(ie)

soil conservation and enhancement of soil carbon;

soil conservation and enhancement of soil carbon;

Amendments 363 and 1122cp6

Amendments 363 and 1122cp6

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point i f (new)

Article 52 — paragraph 1 — point i f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (if) | creation or preservation of habitats favourable for biodiversity or for maintaining landscape, including the conservation of its historical features; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(if)

(if)

creation or preservation of habitats favourable for biodiversity or for maintaining landscape, including the conservation of its historical features;

creation or preservation of habitats favourable for biodiversity or for maintaining landscape, including the conservation of its historical features;

Amendments 364 and 1122cp6

Amendments 364 and 1122cp6

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point i g (new)

Article 52 — paragraph 1 — point i g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ig) | improving resilience to grapevine pests and diseases; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ig)

(ig)

improving resilience to grapevine pests and diseases;

improving resilience to grapevine pests and diseases;

Amendments 365 and 1122cp6

Amendments 365 and 1122cp6

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — point i h (new)

Article 52 — paragraph 1 — point i h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ih) | reducing waste production and improving waste management. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ih)

(ih)

reducing waste production and improving waste management.

reducing waste production and improving waste management.

Amendments 366 and 1122cp6

Amendments 366 and 1122cp6

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1 — subparagraph 1 a (new)

Article 52 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The promotion measures referred to in point (h) of the first subparagraph shall apply only to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The promotion measures referred to in point (h) of the first subparagraph shall apply only to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety.

The promotion measures referred to in point (h) of the first subparagraph shall apply only to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety.

Amendment 367

Amendment 367

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 2

Article 52 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Member States shall substantiate in their CAP Strategic Plans their choice of objectives and the types of intervention in the wine sector. Within the chosen types of intervention, they shall define interventions. | 2.   The Member States shall substantiate in their CAP Strategic Plans their choice of objectives and the types of intervention in the wine sector. Within the chosen types of intervention, they shall define interventions.
  Member States may lay down specific provisions for the information and promotion actions by the management bodies of the protected designations of origin and protected geographical indications, on behalf of all the enterprises concerned, particularly with regard to the maximum length of the actions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Member States shall substantiate in their CAP Strategic Plans their choice of objectives and the types of intervention in the wine sector. Within the chosen types of intervention, they shall define interventions.

2.   The Member States shall substantiate in their CAP Strategic Plans their choice of objectives and the types of intervention in the wine sector. Within the chosen types of intervention, they shall define interventions.
  Member States may lay down specific provisions for the information and promotion actions by the management bodies of the protected designations of origin and protected geographical indications, on behalf of all the enterprises concerned, particularly with regard to the maximum length of the actions.

Amendment 368

Amendment 368

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 1 — subparagraph 1

Article 53 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Union financial assistance for restructuring and conversion of vineyards referred to in point (a) of Article 52(1) shall not exceed 50 % of the actual costs of restructuring and conversion of vineyards or 75 % of the actual costs of restructuring and conversion of vineyards
  in less developed regions
  . | The Union financial assistance for restructuring and conversion of vineyards referred to in point (a) of Article 52(1) shall not exceed 50 % of the actual costs of
  voluntary
  restructuring and conversion of vineyards or 75 % of the actual costs of
  mandatory
  restructuring and conversion of vineyards. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Union financial assistance for restructuring and conversion of vineyards referred to in point (a) of Article 52(1) shall not exceed 50 % of the actual costs of restructuring and conversion of vineyards or 75 % of the actual costs of restructuring and conversion of vineyards
  in less developed regions
  .

in less developed regions

The Union financial assistance for restructuring and conversion of vineyards referred to in point (a) of Article 52(1) shall not exceed 50 % of the actual costs of
  voluntary
  restructuring and conversion of vineyards or 75 % of the actual costs of
  mandatory
  restructuring and conversion of vineyards.

voluntary

mandatory

Amendment 369

Amendment 369

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 2 — subparagraph 1 — point a

Article 53 — paragraph 2 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 50 % of eligible investment costs in less developed regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

50 % of eligible investment costs in less developed regions;

| (a) | 50 % of eligible investment costs in less developed regions
  , vineyards on steep slopes and in the island regions other than those referred to in points (c) and (d) of this subparagraph
  ; |
| --- | --- |

(a)

50 % of eligible investment costs in less developed regions
  , vineyards on steep slopes and in the island regions other than those referred to in points (c) and (d) of this subparagraph
  ;

, vineyards on steep slopes and in the island regions other than those referred to in points (c) and (d) of this subparagraph

Amendment 370

Amendment 370

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 2 — subparagraph 1 — point c

Article 53 — paragraph 2 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | 75 %
  of eligible investment costs in the outermost regions referred to in Article 349 TFEU; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

75 %
  of eligible investment costs in the outermost regions referred to in Article 349 TFEU;

75 %

| (c) | 85 %
  of eligible investment costs in the outermost regions referred to in Article 349 TFEU; |
| --- | --- |

(c)

85 %
  of eligible investment costs in the outermost regions referred to in Article 349 TFEU;

85 %

Amendment 371

Amendment 371

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 3 a (new)

Article 53 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  The Union financial assistance for the objectives referred to in points (aa), (ab), (ac), (fa), (ia), (ib), (ic), (id), (ie), (if), (ig), and (ih) of Article 52(1) shall not exceed 50 % of the direct or eligible costs. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  The Union financial assistance for the objectives referred to in points (aa), (ab), (ac), (fa), (ia), (ib), (ic), (id), (ie), (if), (ig), and (ih) of Article 52(1) shall not exceed 50 % of the direct or eligible costs.

Amendment 372

Amendment 372

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 5 — subparagraph 1 — point a

Article 53 — paragraph 5 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 50 % of eligible investment costs in less developed regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

50 % of eligible investment costs in less developed regions;

| (a) | 50 % of eligible investment costs in less developed regions
  , vineyards on steep slopes and in island regions other than those mentioned in points (c) and (d) of this subparagraph
  ; |
| --- | --- |

(a)

50 % of eligible investment costs in less developed regions
  , vineyards on steep slopes and in island regions other than those mentioned in points (c) and (d) of this subparagraph
  ;

, vineyards on steep slopes and in island regions other than those mentioned in points (c) and (d) of this subparagraph

Amendment 373

Amendment 373

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 5 — subparagraph 1 — point c

Article 53 — paragraph 5 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | 75 %
  of eligible investment costs in the outermost regions referred to in Article
  349
  TFEU; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

75 %
  of eligible investment costs in the outermost regions referred to in Article
  349
  TFEU;

75 %

349

| (c) | 85 %
  of eligible investment costs in the outermost regions referred to in
  the first paragraph of
  Article
  349
  TFEU; |
| --- | --- |

(c)

85 %
  of eligible investment costs in the outermost regions referred to in
  the first paragraph of
  Article
  349
  TFEU;

85 %

the first paragraph of

349

Amendment 374

Amendment 374

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 5 — subparagraph 2

Article 53 — paragraph 5 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Union financial assistance at its maximum rate, referred to in the first subparagraph shall apply only to micro, small and medium-sized enterprises within the meaning of Recommendation 2003/361/EC; however, it may, apply to all enterprises in the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Union financial assistance at its maximum rate, referred to in the first subparagraph shall apply only to micro, small and medium-sized enterprises within the meaning of Recommendation 2003/361/EC; however, it may, apply to all enterprises in the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013.

The Union financial assistance at its maximum rate, referred to in the first subparagraph shall apply only to micro, small and medium-sized enterprises within the meaning of Recommendation 2003/361/EC; however, it may, apply to all enterprises in the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013.

deleted

deleted

Amendment 375

Amendment 375

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 5 — subparagraph 3

Article 53 — paragraph 5 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC, with fewer than 750 employees, or with turnover of less than EUR 200 million,
  the maximum
  aid limit referred to
  in the first subparagraph
  shall be halved
  . | The maximum
  limits laid down
  in the first subparagraph
  may be reduced for investments made by enterprises other than micro-enterprises and small and medium-sized enterprises
  .
  However, they may apply to all enterprises in the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC, with fewer than 750 employees, or with turnover of less than EUR 200 million,
  the maximum
  aid limit referred to
  in the first subparagraph
  shall be halved
  .

For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC, with fewer than 750 employees, or with turnover of less than EUR 200 million,

aid limit referred to

shall be halved

The maximum
  limits laid down
  in the first subparagraph
  may be reduced for investments made by enterprises other than micro-enterprises and small and medium-sized enterprises
  .
  However, they may apply to all enterprises in the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013.

limits laid down

may be reduced for investments made by enterprises other than micro-enterprises and small and medium-sized enterprises

However, they may apply to all enterprises in the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013.

Amendment 376

Amendment 376

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 6

Article 53 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The Union financial assistance for information actions and promotion referred to in points (g) and (h) of Article 52(1) shall not exceed 50 % of eligible expenditure. | 6.   The Union financial assistance for information actions and promotion referred to in points (g) and (h) of Article 52(1) shall not exceed 50 % of eligible expenditure.
  Member States may establish a differentiation according to the size of the enterprises, with the aim of maximising the support for small and medium-sized enterprises. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   The Union financial assistance for information actions and promotion referred to in points (g) and (h) of Article 52(1) shall not exceed 50 % of eligible expenditure.

6.   The Union financial assistance for information actions and promotion referred to in points (g) and (h) of Article 52(1) shall not exceed 50 % of eligible expenditure.
  Member States may establish a differentiation according to the size of the enterprises, with the aim of maximising the support for small and medium-sized enterprises.

Amendment 377

Amendment 377

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 4

Article 54 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Member States concerned shall
  set
  in their CAP Strategic Plans
  a minimum percentage of
  expenditure
  for actions aimed at
  protection of the environment, adaption to climate change, improving sustainability of production systems and processes, reduction of environmental impact of the Union wine sector, energy savings and improving global energy efficiency in the wine sector. | 4.   The Member States concerned shall
  ensure
  in their CAP Strategic
  Plans that at least 5 % of the
  expenditure
  is earmarked or at least one action is adopted to meet the objectives in favour of
  protection of the environment, adaption to climate change, improving sustainability of production systems and processes, reduction of environmental impact of the Union wine sector, energy savings and improving global energy efficiency in the wine sector
  , in line with the objectives laid down in points (aa), (b) and (f) of Article 51
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The Member States concerned shall
  set
  in their CAP Strategic Plans
  a minimum percentage of
  expenditure
  for actions aimed at
  protection of the environment, adaption to climate change, improving sustainability of production systems and processes, reduction of environmental impact of the Union wine sector, energy savings and improving global energy efficiency in the wine sector.

4.   The Member States concerned shall
  ensure
  in their CAP Strategic
  Plans that at least 5 % of the
  expenditure
  is earmarked or at least one action is adopted to meet the objectives in favour of
  protection of the environment, adaption to climate change, improving sustainability of production systems and processes, reduction of environmental impact of the Union wine sector, energy savings and improving global energy efficiency in the wine sector
  , in line with the objectives laid down in points (aa), (b) and (f) of Article 51
  .

Amendment 378

Amendment 378

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 4 a (new)

Article 54 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  All the programmes approved before ... [the date of entry into force of this Regulation] shall be governed in accordance with Regulation (EU) No 1308/2013 until the date scheduled for their completion. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  All the programmes approved before ... [the date of entry into force of this Regulation] shall be governed in accordance with Regulation (EU) No 1308/2013 until the date scheduled for their completion.

Amendment 379

Amendment 379

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 2

Article 55 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Member State referred to in Article 82(3) shall define in its CAP Strategic Plan one or more of the types of intervention referred to in Article 60 to pursue the objectives chosen as laid down in paragraph 1. Within the chosen types of intervention they shall define interventions. The Member State referred to in Article 82(3) shall substantiate in its CAP Strategic Plan the choice of objectives, types of intervention and interventions to meet those objectives. | 2.   The Member State referred to in Article 82(3) shall define in its CAP Strategic Plan one or more of the types of intervention referred to in Article 60 to pursue the objectives chosen as laid down in paragraph 1. Within the chosen types of intervention they shall define interventions. The Member State referred to in Article 82(3) shall substantiate in its CAP Strategic Plan the choice of objectives, types of intervention and interventions to meet those objectives
  , but shall not be obliged to complete the ex-ante evaluation report or Strategic Environmental Assessment (SEA) report referred to in Article 103(1), nor shall it be obliged to complete the SWOT analysis referred to in 103(2)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Member State referred to in Article 82(3) shall define in its CAP Strategic Plan one or more of the types of intervention referred to in Article 60 to pursue the objectives chosen as laid down in paragraph 1. Within the chosen types of intervention they shall define interventions. The Member State referred to in Article 82(3) shall substantiate in its CAP Strategic Plan the choice of objectives, types of intervention and interventions to meet those objectives.

2.   The Member State referred to in Article 82(3) shall define in its CAP Strategic Plan one or more of the types of intervention referred to in Article 60 to pursue the objectives chosen as laid down in paragraph 1. Within the chosen types of intervention they shall define interventions. The Member State referred to in Article 82(3) shall substantiate in its CAP Strategic Plan the choice of objectives, types of intervention and interventions to meet those objectives
  , but shall not be obliged to complete the ex-ante evaluation report or Strategic Environmental Assessment (SEA) report referred to in Article 103(1), nor shall it be obliged to complete the SWOT analysis referred to in 103(2)
  .

Amendment 380

Amendment 380

Proposal for a regulation

Proposal for a regulation

Article 56 — paragraph 1 — point c

Article 56 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | reduction of environmental impact of and contribution to climate action through olive cultivation; that objectives relate to the specific objectives set out in points (d) and (e) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

reduction of environmental impact of and contribution to climate action through olive cultivation; that objectives relate to the specific objectives set out in points (d) and (e) of Article 6(1);

| (c) | reduction of environmental impact of and contribution to climate action
  , adaptation and mitigation of climate change
  through olive cultivation; that objectives relate to the specific objectives set out in points (d) and (e) of Article 6(1); |
| --- | --- |

(c)

reduction of environmental impact of and contribution to climate action
  , adaptation and mitigation of climate change
  through olive cultivation; that objectives relate to the specific objectives set out in points (d) and (e) of Article 6(1);

, adaptation and mitigation of climate change

Amendment 381

Amendment 381

Proposal for a regulation

Proposal for a regulation

Article 56 — paragraph 1 — point d

Article 56 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | improvement of quality of olive oil and table olives; that objective relate to the specific objective set out in
  point
  (f) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

improvement of quality of olive oil and table olives; that objective relate to the specific objective set out in
  point
  (f) of Article 6(1);

point

| (d) | improvement of quality of olive oil and table olives; that objective relate to the specific objective set out in
  points (b) and
  (f) of Article 6(1); |
| --- | --- |

(d)

improvement of quality of olive oil and table olives; that objective relate to the specific objective set out in
  points (b) and
  (f) of Article 6(1);

points (b) and

Amendment 382

Amendment 382

Proposal for a regulation

Proposal for a regulation

Article 56 — paragraph 1 — point f

Article 56 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | crisis prevention and management, aimed at improving pest resilience, avoiding and dealing with crises in the olive oil and table olives markets; that objective relate to the specific objective set out in
  point (h)
  of Article 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

crisis prevention and management, aimed at improving pest resilience, avoiding and dealing with crises in the olive oil and table olives markets; that objective relate to the specific objective set out in
  point (h)
  of Article 6(1).

point (h)

| (f) | crisis prevention and management, aimed at improving pest resilience, avoiding and dealing with crises in the olive oil and table olives markets
  , including the improvement of prevention and resilience to pests
  ; that objective relate to the specific objective set out in point
  s (a), (b) and (c)
  of Article 6(1). |
| --- | --- |

(f)

crisis prevention and management, aimed at improving pest resilience, avoiding and dealing with crises in the olive oil and table olives markets
  , including the improvement of prevention and resilience to pests
  ; that objective relate to the specific objective set out in point
  s (a), (b) and (c)
  of Article 6(1).

, including the improvement of prevention and resilience to pests

s (a), (b) and (c)

Amendment 1241

Amendment 1241

Proposal for a regulation

Proposal for a regulation

Article 56 — paragraph 1 — point f a (new)

Article 56 — paragraph 1 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | protection and enhancement of biodiversity and ecosystem services including soil retention. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fa)

(fa)

protection and enhancement of biodiversity and ecosystem services including soil retention.

protection and enhancement of biodiversity and ecosystem services including soil retention.

Amendment 383

Amendment 383

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 1

Article 57 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   To pursue the objectives referred to in Article 56, the Member States referred to in Article 82(4) shall choose in their CAP Strategic Plans one or more of the types of interventions referred to in Article 60. Within the chosen types of intervention, they shall define interventions. | 1.   To pursue the objectives referred to in Article 56, the Member States referred to in Article 82(4) shall choose in their CAP Strategic Plans one or more of the types of interventions referred to in Article 60
  , to be defined at the level of the Member State
  . Within the chosen types of intervention, they shall define interventions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   To pursue the objectives referred to in Article 56, the Member States referred to in Article 82(4) shall choose in their CAP Strategic Plans one or more of the types of interventions referred to in Article 60. Within the chosen types of intervention, they shall define interventions.

1.   To pursue the objectives referred to in Article 56, the Member States referred to in Article 82(4) shall choose in their CAP Strategic Plans one or more of the types of interventions referred to in Article 60
  , to be defined at the level of the Member State
  . Within the chosen types of intervention, they shall define interventions.

Amendment 384

Amendment 384

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 2

Article 57 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The interventions defined by the Member States referred to in Article 82(4) shall be implemented through approved operational programs of producer organisations and/or associations of producer organisations recognised under Regulation (EU) No 1308/2013. For this purpose Articles 61 and 62 of this Regulation shall apply. | 2.   The interventions defined by the Member States referred to in Article 82(4) shall be implemented through approved operational programs of producer organisations and/or associations of producer organisations
  and/or interbranch organisations
  recognised under Regulation (EU) No 1308/2013. For this purpose Articles 61 and 62 of this Regulation shall apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The interventions defined by the Member States referred to in Article 82(4) shall be implemented through approved operational programs of producer organisations and/or associations of producer organisations recognised under Regulation (EU) No 1308/2013. For this purpose Articles 61 and 62 of this Regulation shall apply.

2.   The interventions defined by the Member States referred to in Article 82(4) shall be implemented through approved operational programs of producer organisations and/or associations of producer organisations
  and/or interbranch organisations
  recognised under Regulation (EU) No 1308/2013. For this purpose Articles 61 and 62 of this Regulation shall apply.

Amendment 385

Amendment 385

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 2 a (new)

Article 57 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  By way of derogation from paragraph 2, Member States referred to in Article 82(4) may entrust the implementation of operational programmes to interbranch organisations recognised under Article 157 of Regulation (EU) No 1308/2013, if such organisations already have a similar programme in place under Regulation (EU) No 1308/2013. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  By way of derogation from paragraph 2, Member States referred to in Article 82(4) may entrust the implementation of operational programmes to interbranch organisations recognised under Article 157 of Regulation (EU) No 1308/2013, if such organisations already have a similar programme in place under Regulation (EU) No 1308/2013.

Amendment 386

Amendment 386

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 1 — point d

Article 58 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | 75 %
  of the actual expenditure incurred for the types of intervention referred to in points (f) and (h) of Article 60(1) where the operational program is implemented in at least three third countries or non-producing Member States by producer organisations from at least two producing Member States, 50 % of the actual expenditure where for this type of intervention this condition is not met. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

75 %
  of the actual expenditure incurred for the types of intervention referred to in points (f) and (h) of Article 60(1) where the operational program is implemented in at least three third countries or non-producing Member States by producer organisations from at least two producing Member States, 50 % of the actual expenditure where for this type of intervention this condition is not met.

75 %

| (d) | 85 %
  of the actual expenditure incurred for the types of intervention referred to in points (f) and (h) of Article 60(1) where the operational program is implemented in at least three third countries or non-producing Member States by producer organisations
  or associations of producer organisations
  from at least two producing Member States, 50 % of the actual expenditure where for this type of intervention this condition is not met. |
| --- | --- |

(d)

85 %
  of the actual expenditure incurred for the types of intervention referred to in points (f) and (h) of Article 60(1) where the operational program is implemented in at least three third countries or non-producing Member States by producer organisations
  or associations of producer organisations
  from at least two producing Member States, 50 % of the actual expenditure where for this type of intervention this condition is not met.

85 %

or associations of producer organisations

Amendment 387

Amendment 387

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 1 — point d a (new)

Article 58 — paragraph 1 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | In the case of island regions the percentages referred to in points (a) to (d) shall be increased by 10 %. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

In the case of island regions the percentages referred to in points (a) to (d) shall be increased by 10 %.

In the case of island regions the percentages referred to in points (a) to (d) shall be increased by 10 %.

Amendment 388

Amendment 388

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 3

Article 58 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  Member States shall ensure complementary financing up to 50 % of the costs not covered by the Union financial assistance. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.
     
  Member States shall ensure complementary financing up to 50 % of the costs not covered by the Union financial assistance.

deleted

deleted

Amendments 824 and 1242

Amendments 824 and 1242

Proposal for a regulation

Proposal for a regulation

Title III — Chapter 3 — Section 6 a (new)

Title III — Chapter 3 — Section 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |
| | Article 58a |
| | Objectives of the leguminous crops sector |
| | Notwithstanding the general objectives referred to in Articles 5 and 6, Member States shall pursue the following objectives in the leguminous crops sector: |
| | (a) | The scheme shall increase sustainable legume production and consumption across the Union, to increase self-sufficiency of food and feed according to the targets set in Annex I. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 58a

Article 58a

Objectives of the leguminous crops sector

Objectives of the leguminous crops sector

Notwithstanding the general objectives referred to in Articles 5 and 6, Member States shall pursue the following objectives in the leguminous crops sector:

Notwithstanding the general objectives referred to in Articles 5 and 6, Member States shall pursue the following objectives in the leguminous crops sector:

(a)

(a)

The scheme shall increase sustainable legume production and consumption across the Union, to increase self-sufficiency of food and feed according to the targets set in Annex I.

The scheme shall increase sustainable legume production and consumption across the Union, to increase self-sufficiency of food and feed according to the targets set in Annex I.

| (b) | Decreasing dependency on concentrated feed mix containing soya, especially imported soya originating from land that has recently been deforested or converted, in line with the SDG 15, the Union pledge on zero deforestation and existing private company commitments on zero deforestation. |
| --- | --- |

(b)

(b)

Decreasing dependency on concentrated feed mix containing soya, especially imported soya originating from land that has recently been deforested or converted, in line with the SDG 15, the Union pledge on zero deforestation and existing private company commitments on zero deforestation.

Decreasing dependency on concentrated feed mix containing soya, especially imported soya originating from land that has recently been deforested or converted, in line with the SDG 15, the Union pledge on zero deforestation and existing private company commitments on zero deforestation.

| (c) | Closing nutrient cycling loops and tightening them to local and regional river basin scales in line with Directive 2000/60/EC. |
| --- | --- |

(c)

(c)

Closing nutrient cycling loops and tightening them to local and regional river basin scales in line with Directive 2000/60/EC.

Closing nutrient cycling loops and tightening them to local and regional river basin scales in line with Directive 2000/60/EC.

| (d) | Boosting local and regional markets in food and animal feed and locally adapted low input seed varieties. |
| --- | --- |

(d)

(d)

Boosting local and regional markets in food and animal feed and locally adapted low input seed varieties.

Boosting local and regional markets in food and animal feed and locally adapted low input seed varieties.

Measures financed under this sector shall be coherent with Union climatic and environmental commitments and legislation, and shall not cause direct or indirect land use change, having a genuinely positive impact on global greenhouse gas emissions according to GLOBIOM.

Measures financed under this sector shall be coherent with Union climatic and environmental commitments and legislation, and shall not cause direct or indirect land use change, having a genuinely positive impact on global greenhouse gas emissions according to GLOBIOM.

Article 58b

Article 58b

Types of interventions

Types of interventions

As regards the objectives referred to in Article 58a, Member States shall choose in their CAP Strategic Plans one or more of the following types of interventions:

As regards the objectives referred to in Article 58a, Member States shall choose in their CAP Strategic Plans one or more of the following types of interventions:

| (a) | investments in tangible and non-tangible assets; research and experimental production, as well as other actions, including actions for:










  (i) | soil conservation, including the genuine and proven enhancement of soil carbon without systemic reliance on pesticides; |
| --- | --- | --- |

(a)

(a)

investments in tangible and non-tangible assets; research and experimental production, as well as other actions, including actions for:

investments in tangible and non-tangible assets; research and experimental production, as well as other actions, including actions for:

(i)

(i)

soil conservation, including the genuine and proven enhancement of soil carbon without systemic reliance on pesticides;

soil conservation, including the genuine and proven enhancement of soil carbon without systemic reliance on pesticides;

| (ii) | increasing efficiency of water use and management, including water saving; |
| --- | --- |

(ii)

(ii)

increasing efficiency of water use and management, including water saving;

increasing efficiency of water use and management, including water saving;

| (iii) | promoting the use of varieties and management practices adapted to changing climate conditions; |
| --- | --- |

(iii)

(iii)

promoting the use of varieties and management practices adapted to changing climate conditions;

promoting the use of varieties and management practices adapted to changing climate conditions;

| (iv) | improving management practices to increase pest resilience of crops to pests and decreasing susceptibility to pests; |
| --- | --- |

(iv)

(iv)

improving management practices to increase pest resilience of crops to pests and decreasing susceptibility to pests;

improving management practices to increase pest resilience of crops to pests and decreasing susceptibility to pests;

| (v) | reduction of pesticide use and dependency; |
| --- | --- |

(v)

(v)

reduction of pesticide use and dependency;

reduction of pesticide use and dependency;

| (vi) | creating and maintaining agricultural habitats favourable to biodiversity, without use of pesticides; |
| --- | --- |

(vi)

(vi)

creating and maintaining agricultural habitats favourable to biodiversity, without use of pesticides;

creating and maintaining agricultural habitats favourable to biodiversity, without use of pesticides;

| (b) | advisory services and technical assistance, in particular regarding climate change adaptation and mitigation, also on selection by the farmer of the most appropriate crop rotation; |
| --- | --- |

(b)

(b)

advisory services and technical assistance, in particular regarding climate change adaptation and mitigation, also on selection by the farmer of the most appropriate crop rotation;

advisory services and technical assistance, in particular regarding climate change adaptation and mitigation, also on selection by the farmer of the most appropriate crop rotation;

| (c) | training including coaching and exchange of best practices; |
| --- | --- |

(c)

(c)

training including coaching and exchange of best practices;

training including coaching and exchange of best practices;

| (d) | organic production and techniques; |
| --- | --- |

(d)

(d)

organic production and techniques;

organic production and techniques;

| (e) | actions to increase the sustainability and efficiency of transport and of storage of products. |
| --- | --- |

(e)

(e)

actions to increase the sustainability and efficiency of transport and of storage of products.

actions to increase the sustainability and efficiency of transport and of storage of products.

Amendment 389

Amendment 389

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — introductory part

Article 59 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The
  Member States shall pursue one or more of the following objectives in the other sectors referred to in point (f) of Article 39: | In accordance with Articles 5 and 6, the
  Member States shall pursue one or more of the following objectives in the other sectors referred to in point (f) of Article 39: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The
  Member States shall pursue one or more of the following objectives in the other sectors referred to in point (f) of Article 39:

The

In accordance with Articles 5 and 6, the
  Member States shall pursue one or more of the following objectives in the other sectors referred to in point (f) of Article 39:

In accordance with Articles 5 and 6, the

Amendment 390

Amendment 390

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — point a

Article 59 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | planning of production, adjusting production to demand, particularly in terms of quality
  and
  quantity, optimisation of production costs and returns on investments and stabilising producer prices; those objectives relate to the specific objectives set out in points (a), (b), (c) and (i) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

planning of production, adjusting production to demand, particularly in terms of quality
  and
  quantity, optimisation of production costs and returns on investments and stabilising producer prices; those objectives relate to the specific objectives set out in points (a), (b), (c) and (i) of Article 6(1);

and

| (a) | planning of production, adjusting production to demand, particularly in terms of quality, quantity
  and diversity
  , optimisation of production costs and returns on investments and stabilising producer prices; those objectives relate to the specific objectives set out in points (a), (b), (c) and (i) of Article 6(1); |
| --- | --- |

(a)

planning of production, adjusting production to demand, particularly in terms of quality, quantity
  and diversity
  , optimisation of production costs and returns on investments and stabilising producer prices; those objectives relate to the specific objectives set out in points (a), (b), (c) and (i) of Article 6(1);

and diversity

Amendment 391

Amendment 391

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — point b

Article 59 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | concentration of supply and placing on the market of the products concerned; those objectives relate to the specific objectives set out in points (a) and (c) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

concentration of supply and placing on the market of the products concerned; those objectives relate to the specific objectives set out in points (a) and (c) of Article 6(1);

| (b) | concentration of supply and placing on the market of the products concerned
  , and promoting the collective negotiation of contracts
  ; those objectives relate to the specific objectives set out in points (a) and (c) of Article 6(1); |
| --- | --- |

(b)

concentration of supply and placing on the market of the products concerned
  , and promoting the collective negotiation of contracts
  ; those objectives relate to the specific objectives set out in points (a) and (c) of Article 6(1);

, and promoting the collective negotiation of contracts

Amendment 392

Amendment 392

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — point c

Article 59 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | research and development of sustainable production methods, including pest resilience, innovative practices and production techniques boosting economic competitiveness and bolstering market developments; those objectives relate to the specific objectives set out in points (a), (c) and (i) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

research and development of sustainable production methods, including pest resilience, innovative practices and production techniques boosting economic competitiveness and bolstering market developments; those objectives relate to the specific objectives set out in points (a), (c) and (i) of Article 6(1);

| (c) | application,
  research and development of sustainable production methods, including pest
  and animal disease resistance and climate
  resilience
  , genetic diversity, soil protection, improvement of biosecurity and reduction of antimicrobial substances, as well as
  innovative practices and production techniques boosting
  long-term
  economic competitiveness and bolstering market developments; those objectives relate to the specific objectives set out in points (a), (c)
  , (d), (e), (f)
  and (i) of Article 6(1); |
| --- | --- |

(c)

application,
  research and development of sustainable production methods, including pest
  and animal disease resistance and climate
  resilience
  , genetic diversity, soil protection, improvement of biosecurity and reduction of antimicrobial substances, as well as
  innovative practices and production techniques boosting
  long-term
  economic competitiveness and bolstering market developments; those objectives relate to the specific objectives set out in points (a), (c)
  , (d), (e), (f)
  and (i) of Article 6(1);

application,

and animal disease resistance and climate

, genetic diversity, soil protection, improvement of biosecurity and reduction of antimicrobial substances, as well as

long-term

, (d), (e), (f)

Amendment 393

Amendment 393

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — point d

Article 59 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | promoting, developing and implementing methods of production respectful of the environment, of animal welfare standards, pest resilient and environmentally sound cultivation practices, production techniques and production methods, environmentally sound use and management of by-products and waste, sustainable use of natural resources in particular protection of water, soil and other natural resources; those objectives relate to the specific objectives set out in points (e) and (f) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

promoting, developing and implementing methods of production respectful of the environment, of animal welfare standards, pest resilient and environmentally sound cultivation practices, production techniques and production methods, environmentally sound use and management of by-products and waste, sustainable use of natural resources in particular protection of water, soil and other natural resources; those objectives relate to the specific objectives set out in points (e) and (f) of Article 6(1);

| (d) | promoting, developing and implementing methods of production respectful of the environment, of animal welfare standards, pest resilient and environmentally sound cultivation practices, production techniques and production methods,
  animal disease resistance
  , environmentally sound use and management of by-products and waste, sustainable use of natural resources in particular protection of water, soil and other natural resources;
  reduction of emissions and increased energy efficiency;
  those objectives relate to the specific objectives set out in points (e) and (f) of Article 6(1); |
| --- | --- |

(d)

promoting, developing and implementing methods of production respectful of the environment, of animal welfare standards, pest resilient and environmentally sound cultivation practices, production techniques and production methods,
  animal disease resistance
  , environmentally sound use and management of by-products and waste, sustainable use of natural resources in particular protection of water, soil and other natural resources;
  reduction of emissions and increased energy efficiency;
  those objectives relate to the specific objectives set out in points (e) and (f) of Article 6(1);

animal disease resistance

reduction of emissions and increased energy efficiency;

Amendment 394

Amendment 394

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — point e

Article 59 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | contribute to climate change mitigation and adaptation, as set out in point (d) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

contribute to climate change mitigation and adaptation, as set out in point (d) of Article 6(1);

| (e) | contribute to climate change mitigation and adaptation,
  including the prevention and management of tropical and zoonotic diseases,
  as set out in point (d) of Article 6(1); |
| --- | --- |

(e)

contribute to climate change mitigation and adaptation,
  including the prevention and management of tropical and zoonotic diseases,
  as set out in point (d) of Article 6(1);

including the prevention and management of tropical and zoonotic diseases,

Amendment 395

Amendment 395

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — point f

Article 59 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | boosting products' commercial value and quality, including improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality schemes; those objectives relate to the specific objective set out in point (b) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

boosting products' commercial value and quality, including improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality schemes; those objectives relate to the specific objective set out in point (b) of Article 6(1);

| (f) | boosting products' commercial value and quality, including improving product quality
  and market segmentation
  and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality schemes; those objectives relate to the specific objective set out in point (b) of Article 6(1); |
| --- | --- |

(f)

boosting products' commercial value and quality, including improving product quality
  and market segmentation
  and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality schemes; those objectives relate to the specific objective set out in point (b) of Article 6(1);

and market segmentation

Amendment 396

Amendment 396

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — point g

Article 59 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | promotion and marketing of the products of one or more sectors referred to in point (f) of Article
  40
  ; those objectives relate to the specific objectives set out in points (b) and (c) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

promotion and marketing of the products of one or more sectors referred to in point (f) of Article
  40
  ; those objectives relate to the specific objectives set out in points (b) and (c) of Article 6(1);

40

| (g) | promotion and marketing of the products of one or more sectors referred to in point (f) of Article
  39
  ; those objectives relate to the specific objectives set out in points (b) and (c) of Article 6(1); |
| --- | --- |

(g)

promotion and marketing of the products of one or more sectors referred to in point (f) of Article
  39
  ; those objectives relate to the specific objectives set out in points (b) and (c) of Article 6(1);

39

Amendment 397

Amendment 397

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — point h

Article 59 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | crisis prevention and risk management, aimed at avoiding and dealing with crises in the markets within one or more sectors referred to in point (f) of Article 39; those objectives relate to the specific objectives set out in points (a), (b) and (c). Article 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

crisis prevention and risk management, aimed at avoiding and dealing with crises in the markets within one or more sectors referred to in point (f) of Article 39; those objectives relate to the specific objectives set out in points (a), (b) and (c). Article 6(1).

| (h) | crisis prevention and risk
  mitigation and
  management, aimed at avoiding and dealing with crises in the markets within one or more sectors referred to in point (f) of Article 39; those objectives relate to the specific objectives set out in points (a), (b) and (c). Article 6(1); |
| --- | --- |

(h)

crisis prevention and risk
  mitigation and
  management, aimed at avoiding and dealing with crises in the markets within one or more sectors referred to in point (f) of Article 39; those objectives relate to the specific objectives set out in points (a), (b) and (c). Article 6(1);

mitigation and

Amendment 398

Amendment 398

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — point h a (new)

Article 59 — paragraph 1 — point h a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ha) | prevention of attacks on livestock by predator species; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ha)

(ha)

prevention of attacks on livestock by predator species;

prevention of attacks on livestock by predator species;

Amendment 399

Amendment 399

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — point h b (new)

Article 59 — paragraph 1 — point h b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (hb) | contributing to the Union strategy for the promotion of protein crops, in particular fodder and legumes. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(hb)

(hb)

contributing to the Union strategy for the promotion of protein crops, in particular fodder and legumes.

contributing to the Union strategy for the promotion of protein crops, in particular fodder and legumes.

Amendments 400 and 826cp

Amendments 400 and 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — introductory part

Article 60 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   As regards the objectives referred to in points (a) to (g) of Article 59 Member States shall choose in their CAP Strategic Plans
  one
  or more of the following types of intervention: | 1.   As regards the objectives referred to in points
  (a) to (fa) of Article 56 and points
  (a) to (g) of Article 59 Member States shall choose in their CAP Strategic Plans
  two
  or more of the following types of intervention: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   As regards the objectives referred to in points (a) to (g) of Article 59 Member States shall choose in their CAP Strategic Plans
  one
  or more of the following types of intervention:

1.   As regards the objectives referred to in points
  (a) to (fa) of Article 56 and points
  (a) to (g) of Article 59 Member States shall choose in their CAP Strategic Plans
  two
  or more of the following types of intervention:

Amendments 401 and 826cp

Amendments 401 and 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point i

Article 60 — paragraph 1 — point a — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | soil conservation, including the enhancement of soil carbon; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

soil conservation, including the enhancement of soil carbon;

| (i) | soil conservation
  and rebuilding soil fertility and structure
  , including
  prevention of soil degradation and
  the enhancement of soil carbon
  sequestration and reduction of contaminants in fertilising products
  ; |
| --- | --- |

(i)

soil conservation
  and rebuilding soil fertility and structure
  , including
  prevention of soil degradation and
  the enhancement of soil carbon
  sequestration and reduction of contaminants in fertilising products
  ;

and rebuilding soil fertility and structure

prevention of soil degradation and

sequestration and reduction of contaminants in fertilising products

Amendment 402

Amendment 402

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point ii

Article 60 — paragraph 1 — point a — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | improvement of the use of and management of water, including water saving and drainage; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

improvement of the use of and management of water, including water saving and drainage;

| (ii) | improvement of the use of and
  sound
  management of water, including water saving and drainage
  , contributing to a good status of water basins
  ; |
| --- | --- |

(ii)

improvement of the use of and
  sound
  management of water, including water saving and drainage
  , contributing to a good status of water basins
  ;

sound

, contributing to a good status of water basins

Amendment 403

Amendment 403

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point iv

Article 60 — paragraph 1 — point a — point iv

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iv) | energy saving and energy efficiency increase; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iv)

energy saving and energy efficiency increase;

| (iv) | energy saving and energy efficiency increase
  , including the use of renewable energy sources, such as the sustainable use of agricultural residues
  ; |
| --- | --- |

(iv)

energy saving and energy efficiency increase
  , including the use of renewable energy sources, such as the sustainable use of agricultural residues
  ;

, including the use of renewable energy sources, such as the sustainable use of agricultural residues

Amendment 404

Amendment 404

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point iv a (new)

Article 60 — paragraph 1 — point a — point iv a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iva) | reduction of polluting gases and greenhouse gases; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iva)

(iva)

reduction of polluting gases and greenhouse gases;

reduction of polluting gases and greenhouse gases;

Amendments 405 and 826cp

Amendments 405 and 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point v

Article 60 — paragraph 1 — point a — point v

| Text proposed by the Commission | Amendment |
| --- | --- |
| (v) | ecological packaging; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(v)

ecological packaging;

| (v) | ecological packaging
  and reduction of packaging waste
  ; |
| --- | --- |

(v)

ecological packaging
  and reduction of packaging waste
  ;

and reduction of packaging waste

Amendments 406 and 826cp

Amendments 406 and 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point vi

Article 60 — paragraph 1 — point a — point vi

| Text proposed by the Commission | Amendment |
| --- | --- |
| (vi) | animal health and welfare; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(vi)

animal health and welfare;

| (vi) | biosecurity,
  animal health
  protection
  and welfare
  , including sustainable management and the prevention of tropical and zoonotic diseases
  ; |
| --- | --- |

(vi)

biosecurity,
  animal health
  protection
  and welfare
  , including sustainable management and the prevention of tropical and zoonotic diseases
  ;

biosecurity,

protection

, including sustainable management and the prevention of tropical and zoonotic diseases

Amendment 826cp

Amendment 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point vii

Article 60 — paragraph 1 — point a — point vii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (vii) | reducing waste production and improving the use and management of by-products and waste; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(vii)

reducing waste production and improving the use and management of by-products and waste;

| (vii) | reducing
  emissions generation and
  waste production and improving the use and management of by-products and waste; |
| --- | --- |

(vii)

reducing
  emissions generation and
  waste production and improving the use and management of by-products and waste;

emissions generation and

Amendment 407

Amendment 407

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point vii a (new)

Article 60 — paragraph 1 — point a — point vii a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (viia) | prevention and management of tropical and zoonotic disease; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(viia)

(viia)

prevention and management of tropical and zoonotic disease;

prevention and management of tropical and zoonotic disease;

Amendments 408 and 826cp

Amendments 408 and 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point viii

Article 60 — paragraph 1 — point a — point viii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (viii) | improving
  pest
  resilience; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(viii)

improving
  pest
  resilience;

pest

| (viii) | improving resilience
  to pests through management practices by promoting Integrated Pest Management including appropriate management and cultivation practices, and combating animal disease
  ; |
| --- | --- |

(viii)

improving resilience
  to pests through management practices by promoting Integrated Pest Management including appropriate management and cultivation practices, and combating animal disease
  ;

to pests through management practices by promoting Integrated Pest Management including appropriate management and cultivation practices, and combating animal disease

Amendments 409 and 826cp

Amendments 409 and 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point ix

Article 60 — paragraph 1 — point a — point ix

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ix) | reducing risks and impacts
  of pesticide use; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ix)

reducing risks and impacts
  of pesticide use;

reducing risks and impacts

| (ix) | significant reduction of pesticide use, and
  of
  dependency on
  pesticide use; |
| --- | --- |

(ix)

significant reduction of pesticide use, and
  of
  dependency on
  pesticide use;

significant reduction of pesticide use, and

dependency on

Amendment 826cp

Amendment 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point ix a (new)

Article 60 — paragraph 1 — point a — point ix a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ixa) | improving animal disease resilience and reducing antibiotic use; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ixa)

(ixa)

improving animal disease resilience and reducing antibiotic use;

improving animal disease resilience and reducing antibiotic use;

Amendment 410

Amendment 410

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point x

Article 60 — paragraph 1 — point a — point x

| Text proposed by the Commission | Amendment |
| --- | --- |
| (x) | creating and maintaining habitats favourable to biodiversity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(x)

creating and maintaining habitats favourable to biodiversity;

| (x) | creating and maintaining habitats favourable to biodiversity
  , and promoting local varieties
  ; |
| --- | --- |

(x)

creating and maintaining habitats favourable to biodiversity
  , and promoting local varieties
  ;

, and promoting local varieties

Amendment 411

Amendment 411

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point x a (new)

Article 60 — paragraph 1 — point a — point x a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (xa) | reduction in the use of antimicrobial substances; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(xa)

(xa)

reduction in the use of antimicrobial substances;

reduction in the use of antimicrobial substances;

Amendment 412

Amendment 412

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point x b (new)

Article 60 — paragraph 1 — point a — point x b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (xb) | improving the conditions for growing, harvesting and delivering of production; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(xb)

(xb)

improving the conditions for growing, harvesting and delivering of production;

improving the conditions for growing, harvesting and delivering of production;

Amendment 413

Amendment 413

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point x c (new)

Article 60 — paragraph 1 — point a — point x c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (xc) | market monitoring, knowledge and surveillance actions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(xc)

(xc)

market monitoring, knowledge and surveillance actions;

market monitoring, knowledge and surveillance actions;

Amendment 414

Amendment 414

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point a — point x d (new)

Article 60 — paragraph 1 — point a — point x d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (xd) | prevention of attacks on livestock by predators species. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(xd)

(xd)

prevention of attacks on livestock by predators species.

prevention of attacks on livestock by predators species.

Amendments 415 and 826cp

Amendments 415 and 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point b

Article 60 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | advisory services and technical assistance, in particular regarding climate change
  adaptation and
  mitigation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

advisory services and technical assistance, in particular regarding climate change
  adaptation and
  mitigation;

adaptation and

| (b) | advisory services and technical assistance, in particular regarding
  production quality, biodiversity and the environment,
  climate change
  mitigation and
  adaptation
  , combating and improving resilience to pests and animal diseases, as well as the enhancement of the quality of the product
  ; |
| --- | --- |

(b)

advisory services and technical assistance, in particular regarding
  production quality, biodiversity and the environment,
  climate change
  mitigation and
  adaptation
  , combating and improving resilience to pests and animal diseases, as well as the enhancement of the quality of the product
  ;

production quality, biodiversity and the environment,

mitigation and

, combating and improving resilience to pests and animal diseases, as well as the enhancement of the quality of the product

Amendment 826cp

Amendment 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point c

Article 60 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | training including coaching and exchange of best practices; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

training including coaching and exchange of best practices;

| (c) | training including coaching and exchange of best practices
  in particular on organic farming, permaculture design courses, and carbon enhancing practices
  ; |
| --- | --- |

(c)

training including coaching and exchange of best practices
  in particular on organic farming, permaculture design courses, and carbon enhancing practices
  ;

in particular on organic farming, permaculture design courses, and carbon enhancing practices

Amendment 416

Amendment 416

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point d a (new)

Article 60 — paragraph 1 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | integrated production; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

integrated production;

integrated production;

Amendment 417

Amendment 417

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point e

Article 60 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | actions to increase the sustainability and efficiency of transport and of storage of products of one or more of the sectors referred to in point (f) of Article
  40
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

actions to increase the sustainability and efficiency of transport and of storage of products of one or more of the sectors referred to in point (f) of Article
  40
  ;

40

| (e) | actions to increase the sustainability and efficiency of transport and of storage of products of one or more of the sectors referred to in point (f) of Article
  39
  ; |
| --- | --- |

(e)

actions to increase the sustainability and efficiency of transport and of storage of products of one or more of the sectors referred to in point (f) of Article
  39
  ;

39

Amendment 418

Amendment 418

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point h

Article 60 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | implementation of traceability and certification systems, in particular the monitoring of the quality of products sold to final consumers. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

implementation of traceability and certification systems, in particular the monitoring of the quality of products sold to final consumers.

| (h) | implementation of traceability
  along the entire production chain
  and certification systems, in particular the monitoring of the quality of products sold to final consumers
  , including the traceability of the origin of olives and the oil at the various stages of the production chain, as well as information of production methods; |
| --- | --- |

(h)

implementation of traceability
  along the entire production chain
  and certification systems, in particular the monitoring of the quality of products sold to final consumers
  , including the traceability of the origin of olives and the oil at the various stages of the production chain, as well as information of production methods;

along the entire production chain

, including the traceability of the origin of olives and the oil at the various stages of the production chain, as well as information of production methods;

Amendment 419

Amendment 419

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — point h a (new)

Article 60 — paragraph 1 — point h a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ha) | implementation of third country phytosanitary and veterinary protocols. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ha)

(ha)

implementation of third country phytosanitary and veterinary protocols.

implementation of third country phytosanitary and veterinary protocols.

Amendment 420

Amendment 420

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 2 — introductory part

Article 60 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   As regards the objective referred to in point (h) of Article 59, Member States shall choose in their CAP Strategic Plans one or more of the following types of intervention: | 2.   As regards the objective referred to
  in point (f) of Article 56 and
  in point (h) of Article 59, Member States shall choose in their CAP Strategic Plans one or more of the following types of intervention: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   As regards the objective referred to in point (h) of Article 59, Member States shall choose in their CAP Strategic Plans one or more of the following types of intervention:

2.   As regards the objective referred to
  in point (f) of Article 56 and
  in point (h) of Article 59, Member States shall choose in their CAP Strategic Plans one or more of the following types of intervention:

Amendment 421

Amendment 421

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 2 — point b

Article 60 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | investments in tangible and non-tangible assets making the management of the volumes placed on the market more efficient; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

investments in tangible and non-tangible assets making the management of the volumes placed on the market more efficient;

| (b) | investments in tangible and non-tangible assets making the management of the volumes placed on the market more efficient
  and better adjustment to supply and demand
  ; |
| --- | --- |

(b)

investments in tangible and non-tangible assets making the management of the volumes placed on the market more efficient
  and better adjustment to supply and demand
  ;

and better adjustment to supply and demand

Amendment 422

Amendment 422

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 2 — point c

Article 60 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | collective storage of products produced by the producer organisation or by members of the producer organisation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

collective storage of products produced by the producer organisation or by members of the producer organisation;

| (c) | collective storage of products produced by the producer organisation or by members of the producer organisation
  , as well as treatment of products to facilitate their storage
  ; |
| --- | --- |

(c)

collective storage of products produced by the producer organisation or by members of the producer organisation
  , as well as treatment of products to facilitate their storage
  ;

, as well as treatment of products to facilitate their storage

Amendments 423 and 826cp

Amendments 423 and 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 2 — point d

Article 60 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | replanting of orchards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority or to adapt to climate change; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

replanting of orchards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority or to adapt to climate change;

| (d) | replanting of orchards
  or olive groves
  where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority or to adapt to climate change; |
| --- | --- |

(d)

replanting of orchards
  or olive groves
  where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority or to adapt to climate change;

or olive groves

Amendment 424

Amendment 424

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 2 — point d a (new)

Article 60 — paragraph 2 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | support measures for animal health and welfare; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

support measures for animal health and welfare;

support measures for animal health and welfare;

Amendment 425

Amendment 425

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 2 — point d b (new)

Article 60 — paragraph 2 — point d b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (db) | restocking with livestock after compulsory slaughter for health reasons or because of losses resulting from natural disasters; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(db)

(db)

restocking with livestock after compulsory slaughter for health reasons or because of losses resulting from natural disasters;

restocking with livestock after compulsory slaughter for health reasons or because of losses resulting from natural disasters;

Amendment 426

Amendment 426

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 2 — point d c (new)

Article 60 — paragraph 2 — point d c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (dc) | improving genetic resources; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(dc)

(dc)

improving genetic resources;

improving genetic resources;

Amendment 427

Amendment 427

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 2 — point d d (new)

Article 60 — paragraph 2 — point d d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (dd) | extension of the compulsory sanitary break at holdings resulting from an animal disease crisis; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(dd)

(dd)

extension of the compulsory sanitary break at holdings resulting from an animal disease crisis;

extension of the compulsory sanitary break at holdings resulting from an animal disease crisis;

Amendment 826cp

Amendment 826cp

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 2 — point h

Article 60 — paragraph 2 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | harvest and production insurance that contributes to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations and at the same time ensuring that beneficiaries take necessary risk prevention measures. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

harvest and production insurance that contributes to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations and at the same time ensuring that beneficiaries take necessary risk prevention measures.

| (h) | harvest and production insurance that contributes to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations and at the same time ensuring that
  all
  beneficiaries take necessary risk prevention measures.
  No insurance shall be given, unless producers actively undertake measures to minimise their risks. |
| --- | --- |

(h)

harvest and production insurance that contributes to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations and at the same time ensuring that
  all
  beneficiaries take necessary risk prevention measures.
  No insurance shall be given, unless producers actively undertake measures to minimise their risks.

all

No insurance shall be given, unless producers actively undertake measures to minimise their risks.

Amendment 428

Amendment 428

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 7

Article 61 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   Member States shall ensure that the interventions linked to objective referred to in point (h) of Article 59 do not exceed
  one third
  of the total expenditure under operational programs of producer organisations or associations of producer organisations. | 7.   Member States shall ensure that the interventions linked to objective referred to in point (h) of Article 59 do not exceed
  50 %
  of the total expenditure under operational programs of producer organisations or associations of producer organisations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Member States shall ensure that the interventions linked to objective referred to in point (h) of Article 59 do not exceed
  one third
  of the total expenditure under operational programs of producer organisations or associations of producer organisations.

7.   Member States shall ensure that the interventions linked to objective referred to in point (h) of Article 59 do not exceed
  50 %
  of the total expenditure under operational programs of producer organisations or associations of producer organisations.

Amendment 429

Amendment 429

Proposal for a regulation

Proposal for a regulation

Article 62 — title

Article 62 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Operational funds | Operational funds
  by producers organisations |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Operational funds

Operational funds
  by producers organisations

by producers organisations

Amendment 430

Amendment 430

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 1 a (new)

Article 63 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The 50 % limit provided for in paragraph 1 shall be increased to 60 % for producer organisations or associations of producer organisations recognised under Regulation (EU) No 1308/2013 for the first five years after the year of recognition, and for producer organisations operating exclusively in areas with natural constraints. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  The 50 % limit provided for in paragraph 1 shall be increased to 60 % for producer organisations or associations of producer organisations recognised under Regulation (EU) No 1308/2013 for the first five years after the year of recognition, and for producer organisations operating exclusively in areas with natural constraints.

Amendment 431

Amendment 431

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 1 — point a

Article 64 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | environmental
  , climate and other management commitments; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

environmental
  , climate and other management commitments;

environmental

| (a) | agri-environmental sustainability
  , climate
  mitigation and adaption measures
  and other management commitments; |
| --- | --- |

(a)

agri-environmental sustainability
  , climate
  mitigation and adaption measures
  and other management commitments;

agri-environmental sustainability

mitigation and adaption measures

Amendment 432

Amendment 432

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 1 — point e

Article 64 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | installation of young farmers
  and
  rural business start-up; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

installation of young farmers
  and
  rural business start-up;

and

| (e) | installation of young farmers
  , new farmers and sustainable
  rural business start-up
  and development
  ; |
| --- | --- |

(e)

installation of young farmers
  , new farmers and sustainable
  rural business start-up
  and development
  ;

, new farmers and sustainable

and development

Amendment 433

Amendment 433

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 1 — point e a (new)

Article 64 — paragraph 1 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | women in rural areas; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ea)

(ea)

women in rural areas;

women in rural areas;

Amendment 434

Amendment 434

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 1 — point h

Article 64 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | knowledge exchange and information; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

knowledge exchange and information;

| (h) | knowledge exchange and information;
  and |
| --- | --- |

(h)

knowledge exchange and information;
  and

and

Amendments 435, 1123cp2 and 1165cp2

Amendments 435, 1123cp2 and 1165cp2

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 1 — point h a (new)

Article 64 — paragraph 1 — point h a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ha) | installation of digital technologies; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ha)

(ha)

installation of digital technologies;

installation of digital technologies;

Amendment 1133

Amendment 1133

Proposal for a regulation

Proposal for a regulation

Article 65

Article 65

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 65 | Article 65 |
| Environmental
  , climate and other management commitments | Agri-environmental sustainability
  , climate
  mitigation and adaption measures
  and other management commitments
  beneficial for the environment |
| 1.   Member States may grant payments for
  environmental
  , climate and other management commitments under the conditions set out in this Article and as further specified in their CAP Strategic Plans. | 1.   Member States may grant payments for
  agri-environmental sustainable practices
  , climate
  mitigation and adaption, including the management of natural risks,
  and other management commitments
  , such as forestry, protection and improvement of genetic resources, and animal health and welfare,
  under the conditions set out in this Article and as further specified in their CAP Strategic Plans |
| 2.   Member States shall include agri-environment-climate commitments in their CAP Strategic Plans. | 2.   Member States shall include agri-environment-climate commitments in their CAP Strategic Plans. |
| 3.   Member States
  may
  make support under this type of interventions available throughout their territories, in accordance with their national, regional or local specific needs. | 3.   Member States
  shall
  make support under this type of interventions available throughout their territories, in accordance with their national, regional or local specific needs.
  That support shall be limited to maximum amounts laid down in Annex IXaa. |
| 4.   Member States shall only grant payments to farmers and other
  beneficiaries
  who undertake, on a voluntary basis, management commitments which are considered to be beneficial to achieving the specific objectives set out in Article 6(1). | 4.   Member States shall only grant payments to farmers
  , groups of farmers
  and other
  land-managers
  who undertake, on a voluntary basis, management commitments
  , such as the appropriate protection of wetland and organic soil,
  which are considered to be beneficial to achieving the
  relevant
  specific objectives set out in Article 6(1).
  Priority may be given to schemes which are specifically targeted towards addressing local environmental conditions and needs and contribute, where appropriate, to the achievement of the objectives set out in the legislation listed in Annex XI. |
| 5.   Under this type of interventions, Member States shall only provide payments covering commitments which: | 5.   Under this type of interventions, Member States shall only provide payments covering commitments which: |
| (a) | go beyond the relevant statutory management requirements and standards of good agricultural and environmental condition established under Section 2 of Chapter I of this Title; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 65

Article 65

Environmental
  , climate and other management commitments

Environmental

Agri-environmental sustainability
  , climate
  mitigation and adaption measures
  and other management commitments
  beneficial for the environment

Agri-environmental sustainability

mitigation and adaption measures

beneficial for the environment

1.   Member States may grant payments for
  environmental
  , climate and other management commitments under the conditions set out in this Article and as further specified in their CAP Strategic Plans.

1.   Member States may grant payments for
  agri-environmental sustainable practices
  , climate
  mitigation and adaption, including the management of natural risks,
  and other management commitments
  , such as forestry, protection and improvement of genetic resources, and animal health and welfare,
  under the conditions set out in this Article and as further specified in their CAP Strategic Plans

2.   Member States shall include agri-environment-climate commitments in their CAP Strategic Plans.

2.   Member States shall include agri-environment-climate commitments in their CAP Strategic Plans.

3.   Member States
  may
  make support under this type of interventions available throughout their territories, in accordance with their national, regional or local specific needs.

3.   Member States
  shall
  make support under this type of interventions available throughout their territories, in accordance with their national, regional or local specific needs.
  That support shall be limited to maximum amounts laid down in Annex IXaa.

4.   Member States shall only grant payments to farmers and other
  beneficiaries
  who undertake, on a voluntary basis, management commitments which are considered to be beneficial to achieving the specific objectives set out in Article 6(1).

4.   Member States shall only grant payments to farmers
  , groups of farmers
  and other
  land-managers
  who undertake, on a voluntary basis, management commitments
  , such as the appropriate protection of wetland and organic soil,
  which are considered to be beneficial to achieving the
  relevant
  specific objectives set out in Article 6(1).
  Priority may be given to schemes which are specifically targeted towards addressing local environmental conditions and needs and contribute, where appropriate, to the achievement of the objectives set out in the legislation listed in Annex XI.

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

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

(a)

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

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

(a)

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

| (b) | go beyond the minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other mandatory requirements established by
  national and
  Union law; |
| --- | --- |

(b)

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

national and

| (b) | go beyond the
  relevant
  minimum requirements for the use of fertiliser and plant protection products, animal welfare,
  prevention of antimicrobial resistance,
  as well as other
  relevant
  mandatory requirements established by Union law; |
| --- | --- |

(b)

go beyond the
  relevant
  minimum requirements for the use of fertiliser and plant protection products, animal welfare,
  prevention of antimicrobial resistance,
  as well as other
  relevant
  mandatory requirements established by Union law;

relevant

prevention of antimicrobial resistance,

relevant

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

(c)

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

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

(c)

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

| (d) | are different from commitments in respect of which payments are granted under Article 28. |
| --- | --- |

(d)

are different from commitments in respect of which payments are granted under Article 28.

| (d) | are different from
  or are complementary to
  commitments in respect of which payments are granted under Article 28
  , while ensuring that there is no double-funding
  . |
| --- | --- |

(d)

are different from
  or are complementary to
  commitments in respect of which payments are granted under Article 28
  , while ensuring that there is no double-funding
  .

or are complementary to

, while ensuring that there is no double-funding

6.   Member States shall compensate beneficiaries for costs incurred and income foregone resulting from the commitments made. Where necessary, they may also cover transaction costs. In duly justified cases, Member States may grant support as a flat-rate or as a one- off payment per unit. Payments shall be granted annually.

6.   Member States shall compensate beneficiaries for costs incurred and income foregone resulting from the commitments made.
  Member States shall also provide a financial incentive to beneficiaries and, where
  necessary, they may also cover transaction costs. In duly justified cases, Member States may grant support as a flat-rate or as a one- off payment per unit
  , either per hectare of surface or other identified unit depending on the nature of the commitment. Member States may grant annual support for whole-farm programs targeted on holistic transformation of farming systems towards the objectives of this paragraph
  . Payments shall be granted annually.

6a.
     
  The level of payments shall vary according to the level of ambition of sustainability of each practice or set of practices, based on non-discriminatory criteria, in order to offer an effective incentive for participation. Member States may also differentiate payments in accordance with the nature of the restrictions affecting agricultural activities as a result of the commitments made, and in line with different farming systems.

7.   Member States may promote and support collective schemes and result-based payments schemes to encourage farmers to deliver a significant enhancement of the quality of the environment at a larger scale and in a measurable way.

7.   Member States may promote and support
  voluntary
  collective schemes
  , and a combination of management commitments in the form of locally-led schemes,
  and result-based payments schemes
  , including through a territorial approach,
  to encourage
  farmers and groups of
  farmers to deliver a significant enhancement of the quality of the environment at a larger scale and in a measurable way.
  They shall put in place all the means necessary in terms of advice, training and knowledge transfer to assist farmers who change their production systems.

8.   Commitments shall be undertaken for a period of five to seven years. However, where necessary in order to achieve or maintain certain environmental benefits sought, Member States may determine a longer period in the CAP Strategic Plan for particular types of commitments, including by means of providing for their annual extension after the termination of the initial period. In exceptional and duly justified cases, and for new commitments directly following the commitment performed in the initial period, Member States may determine a shorter period in their CAP Strategic Plans.

8.   Commitments shall be
  usually
  undertaken for a period of five to seven years. However, where necessary in order to achieve or maintain certain environmental benefits sought
  , including by taking into account the long-term nature of forestry
  , Member States may determine a longer period in the CAP Strategic Plan for particular types of commitments, including by means of providing for their annual extension after the termination of the initial period. In exceptional and duly justified cases, and for new commitments directly following the commitment performed in the initial period, Member States may determine a shorter period in their CAP Strategic Plans.

9.   Where support under this type of interventions is granted to agri-environment-climate commitments, commitments to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007 and forest environmental and climate services, Member States shall establish a payment per hectare.

9.   Where support under this type of interventions is granted to agri-environment-climate commitments,
  including
  commitments to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007
  , Integrated Pest Management, protection of agroforestry systems,
  and forest environmental and climate services, Member States shall establish a payment per hectare
  , either per hectare of surface or other identified unit depending on the nature of the commitment
  .

10.   Member States shall ensure that persons carrying out operations under this type of interventions have access to the knowledge and information required to implement such operations.

10.   Member States shall ensure that persons carrying out operations under this type of interventions have access to the
  relevant
  knowledge and information required to implement such operations
  , and that appropriate training is made available for those who require it, as well as access to expertise in order to assist farmers who commit to change their production systems
  .

11.   Member States shall ensure that interventions under this Article are consistent with those granted under Article 28.

11.   Member States shall ensure that interventions under this Article are consistent with those granted under Article 28.

Amendments 448 and 1166cp1

Amendments 448 and 1166cp1

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 1

Article 66 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may grant payments for natural or other area-specific constraints under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the specific objectives set out in Article 6(1). | 1.   Member States may grant payments for natural or other area-specific constraints
  , including mountain areas and island regions
  under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the
  relevant
  specific objectives set out in Article 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States may grant payments for natural or other area-specific constraints under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the specific objectives set out in Article 6(1).

1.   Member States may grant payments for natural or other area-specific constraints
  , including mountain areas and island regions
  under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the
  relevant
  specific objectives set out in Article 6(1).

Amendments 449 and 1166cp2

Amendments 449 and 1166cp2

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 2

Article 66 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   These payments shall be granted to
  genuine
  farmers in respect of areas designated pursuant to Article 32 of Regulation (EU) No 1305/2013. | 2.   These payments shall be granted to
  active
  farmers in respect of areas designated, pursuant to Article 32 of Regulation (EU) No 1305/2013
  , as well as areas affected by war in the Republic of Croatia
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   These payments shall be granted to
  genuine
  farmers in respect of areas designated pursuant to Article 32 of Regulation (EU) No 1305/2013.

2.   These payments shall be granted to
  active
  farmers in respect of areas designated, pursuant to Article 32 of Regulation (EU) No 1305/2013
  , as well as areas affected by war in the Republic of Croatia
  .

Amendments 450 and 1166cp2

Amendments 450 and 1166cp2

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 2 a (new)

Article 66 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  In the case of a legal person, or a group of natural or legal persons, Member States may apply the support at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  In the case of a legal person, or a group of natural or legal persons, Member States may apply the support at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

Amendment 451

Amendment 451

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 3

Article 66 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the natural or other area-specific constraints in the area concerned. | 3.   Member States may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the natural or other area-specific constraints in the area concerned.
  They may also provide a financial incentive to beneficiaries to continue farming in these areas. The amount of support may be adjusted to take into account the severity of the natural constraints affecting agricultural activity and the agricultural system. The payments may also, where relevant, take into account socio-economic and environmental factors. Member States shall ensure that the calculations are adequate, accurate and established in advance on the basis of a fair calculation method. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Member States may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the natural or other area-specific constraints in the area concerned.

3.   Member States may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the natural or other area-specific constraints in the area concerned.
  They may also provide a financial incentive to beneficiaries to continue farming in these areas. The amount of support may be adjusted to take into account the severity of the natural constraints affecting agricultural activity and the agricultural system. The payments may also, where relevant, take into account socio-economic and environmental factors. Member States shall ensure that the calculations are adequate, accurate and established in advance on the basis of a fair calculation method.

Amendment 1166 cp3

Amendment 1166 cp3

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 4

Article 66 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Additional costs and income foregone as referred to in paragraph 3 shall be calculated in respect of natural or other area-specific constraints, in comparison to areas which are not affected by natural or other area-specific constraints. | 4.   Additional costs and income foregone as referred to in paragraph 3 shall be calculated in respect of natural or other area-specific constraints, in comparison to areas which are not affected by natural or other area-specific constraints.
  The amount of payments may be adjusted to take into account the severity of the constraints affecting the agricultural activity of the different production systems. Member States may set a minimum payment threshold below which payments are not granted. Payments granted may also take into account, where relevant, socio-economic and environmental criteria. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Additional costs and income foregone as referred to in paragraph 3 shall be calculated in respect of natural or other area-specific constraints, in comparison to areas which are not affected by natural or other area-specific constraints.

4.   Additional costs and income foregone as referred to in paragraph 3 shall be calculated in respect of natural or other area-specific constraints, in comparison to areas which are not affected by natural or other area-specific constraints.
  The amount of payments may be adjusted to take into account the severity of the constraints affecting the agricultural activity of the different production systems. Member States may set a minimum payment threshold below which payments are not granted. Payments granted may also take into account, where relevant, socio-economic and environmental criteria.

Amendment 452

Amendment 452

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 5

Article 66 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Payments shall be granted annually per hectare of area. | 5.   Payments shall be granted annually per hectare of area
  and shall be limited to the minimum and maximum amounts laid down in Annex IXaa
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Payments shall be granted annually per hectare of area.

5.   Payments shall be granted annually per hectare of area
  and shall be limited to the minimum and maximum amounts laid down in Annex IXaa
  .

Amendment 1124

Amendment 1124

Proposal for a regulation

Proposal for a regulation

Article 67

Article 67

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 67 | Article 67 |
| Area-specific disadvantages resulting from certain mandatory requirements | Area-specific disadvantages resulting from certain mandatory requirements |
| 1.   Member States may grant payments for area-specific disadvantages imposed by requirements resulting from the implementation of Directives 92/43/EEC and 2009/147/EC or Directive 2000/60/EC under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the specific objectives set out in Article 6(1). | 1.   Member States may grant payments for area-specific disadvantages imposed by requirements resulting from the implementation of Directives 92/43/EEC and 2009/147/EC or Directive 2000/60/EC under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the
  relevant
  specific objectives set out in Article 6(1). |
| 2.   These payments may be granted to farmers, forest holders and other land managers
  in respect of areas with disadvantages referred to in paragraph 1
  . | 2.   These payments may be granted to farmers,
  groups of farmers,
  forest holders and
  groups of forest holders, forest owners and groups of forest owners. In duly justified cases, they may also be granted to
  other land managers. |
| | 2a.
     
  In the case of a legal person, or a group of natural or legal persons, Member States may apply the support at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned. |
| 3.   When defining areas with disadvantages Member States may include the following areas: | 3.   When defining areas with disadvantages Member States may include the following areas: |
| (a) | Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 67

Article 67

Area-specific disadvantages resulting from certain mandatory requirements

Area-specific disadvantages resulting from certain mandatory requirements

1.   Member States may grant payments for area-specific disadvantages imposed by requirements resulting from the implementation of Directives 92/43/EEC and 2009/147/EC or Directive 2000/60/EC under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the specific objectives set out in Article 6(1).

1.   Member States may grant payments for area-specific disadvantages imposed by requirements resulting from the implementation of Directives 92/43/EEC and 2009/147/EC or Directive 2000/60/EC under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the
  relevant
  specific objectives set out in Article 6(1).

2.   These payments may be granted to farmers, forest holders and other land managers
  in respect of areas with disadvantages referred to in paragraph 1
  .

2.   These payments may be granted to farmers,
  groups of farmers,
  forest holders and
  groups of forest holders, forest owners and groups of forest owners. In duly justified cases, they may also be granted to
  other land managers.

2a.
     
  In the case of a legal person, or a group of natural or legal persons, Member States may apply the support at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

3.   When defining areas with disadvantages Member States may include the following areas:

3.   When defining areas with disadvantages Member States may include the following areas:

(a)

Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC;

| (a) | Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC; |
| --- | --- |

(a)

Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC;

| (b) | other delimited nature protection areas with environmental restrictions applicable to farming or forests which contribute to the implementation of Article 10 of Directive 92/43/EEC, provided that these areas do not exceed 5 % of the designated Natura 2000 areas covered by territorial scope of each CAP Strategic Plan; |
| --- | --- |

(b)

other delimited nature protection areas with environmental restrictions applicable to farming or forests which contribute to the implementation of Article 10 of Directive 92/43/EEC, provided that these areas do not exceed 5 % of the designated Natura 2000 areas covered by territorial scope of each CAP Strategic Plan;

| (b) | other delimited nature protection areas with environmental restrictions applicable to farming or forests which contribute to the implementation of Article 10 of Directive 92/43/EEC, provided that these areas do not exceed 5 % of the designated Natura 2000 areas covered by territorial scope of each CAP Strategic Plan; |
| --- | --- |

(b)

other delimited nature protection areas with environmental restrictions applicable to farming or forests which contribute to the implementation of Article 10 of Directive 92/43/EEC, provided that these areas do not exceed 5 % of the designated Natura 2000 areas covered by territorial scope of each CAP Strategic Plan;

| (c) | agricultural areas included in river basin management plans pursuant to Directive 2000/60/EC. |
| --- | --- |

(c)

agricultural areas included in river basin management plans pursuant to Directive 2000/60/EC.

| (c) | agricultural areas included in river basin management plans pursuant to Directive 2000/60/EC. |
| --- | --- |

(c)

agricultural areas included in river basin management plans pursuant to Directive 2000/60/EC.

4.   Member States may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the area-specific disadvantages in the area concerned.

4.   Member States may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the area-specific disadvantages in the area concerned.

5.   Additional costs and income foregone as referred to in paragraph 4 shall be calculated:

5.   Additional costs and income foregone as referred to in paragraph 4 shall be calculated:

| (a) | in respect of constraints arising from Directives 92/43/EEC and 2009/147/EC, in relation to disadvantages resulting from requirements that go beyond the relevant standards of good agricultural and environmental condition established under Section 2 of Chapter 1 of this Title of this Regulation as well as the conditions established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1) of this Regulation; |
| --- | --- |

(a)

in respect of constraints arising from Directives 92/43/EEC and 2009/147/EC, in relation to disadvantages resulting from requirements that go beyond the relevant standards of good agricultural and environmental condition established under Section 2 of Chapter 1 of this Title of this Regulation as well as the conditions established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1) of this Regulation;

| (a) | in respect of constraints arising from Directives 92/43/EEC and 2009/147/EC, in relation to disadvantages resulting from requirements that go beyond the relevant standards of good agricultural and environmental condition established under Section 2 of Chapter 1 of this Title of this Regulation as well as the conditions established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1) of this Regulation; |
| --- | --- |

(a)

in respect of constraints arising from Directives 92/43/EEC and 2009/147/EC, in relation to disadvantages resulting from requirements that go beyond the relevant standards of good agricultural and environmental condition established under Section 2 of Chapter 1 of this Title of this Regulation as well as the conditions established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1) of this Regulation;

| (b) | in respect of constraints arising from Directive 2000/60/EC, in relation to disadvantages resulting from requirements that go beyond the relevant statutory management requirements, with the exception of SMR
  2
  as referred to in Annex III, and standards of good agricultural and environmental condition established under Section 2 of Chapter I of this Title as well as the conditions established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1) of this Regulation. |
| --- | --- |

(b)

in respect of constraints arising from Directive 2000/60/EC, in relation to disadvantages resulting from requirements that go beyond the relevant statutory management requirements, with the exception of SMR
  2
  as referred to in Annex III, and standards of good agricultural and environmental condition established under Section 2 of Chapter I of this Title as well as the conditions established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1) of this Regulation.

2

| (b) | in respect of constraints arising from Directive 2000/60/EC, in relation to disadvantages resulting from requirements that go beyond the relevant statutory management requirements, with the exception of SMR
  1
  as referred to in Annex III, and standards of good agricultural and environmental condition established under Section 2 of Chapter I of this Title as well as the conditions established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1) of this Regulation. |
| --- | --- |

(b)

in respect of constraints arising from Directive 2000/60/EC, in relation to disadvantages resulting from requirements that go beyond the relevant statutory management requirements, with the exception of SMR
  1
  as referred to in Annex III, and standards of good agricultural and environmental condition established under Section 2 of Chapter I of this Title as well as the conditions established for the maintenance of the agricultural area in accordance with point (a) of Article 4(1) of this Regulation.

1

6.   Payments shall be granted annually per hectare of area.

6.   Payments shall be granted annually per hectare of area
  and shall be limited to the maximum amounts laid down in Annex IXaa

Amendment 1139

Amendment 1139

Proposal for a regulation

Proposal for a regulation

Article 68

Article 68

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 68
  Investments | Article 68
  Investments |
| 1.   Member States may grant support for investments under the conditions set out in this Article and as further specified in their CAP Strategic Plans. | 1.   Member States may grant support for investments under the conditions set out in this Article and as further specified in their CAP Strategic Plans. |
| | 1a.
     
  In order to be eligible for EAFRD support, investment operations shall be preceded by an assessment of the expected environmental impact in accordance with law specific to that kind of investment where the investment is likely to have negative effects on the environment |
| 2.   Member States may only grant support under this type of interventions for tangible and/or intangible investments, which contribute to achieving the specific objectives set out in Article 6. Support to the forestry sector shall be based on a forest management plan or equivalent instrument. | 2.   Member States may only grant support under this type of interventions for tangible and/or intangible investments,
  including in collective form,
  which contribute to achieving the
  relevant
  specific objectives set out in Article 6. Support to the forestry sector shall be based on a forest management plan
  which includes the requirement of planting species adapted to local ecosystems,
  or equivalent instrument
  in the case of holdings above a certain size to be determined by the Member Sate
  . |
| | 2a.
     
  Member States shall allocate at least 30 % of the support referred to in this article to investments for environment and climate-related purposes contributing to the objectives referred to in points (d), (e) and (f) of Article 6(1). Member States shall establish priorities for those investments by means of higher support, higher score evaluation and other objective criteria with similar effect. |
| | Member States may also establish a priority for investments made by young farmers under this Article. |
| 3.   Member States shall establish a list of ineligible investments and categories of expenditure, including at least the following: | 3.   Member States shall establish a list of ineligible investments and categories of expenditure, including at least the following: |
| (a) | purchase of agricultural production rights; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 68

Investments

Article 68

Investments

1.   Member States may grant support for investments under the conditions set out in this Article and as further specified in their CAP Strategic Plans.

1.   Member States may grant support for investments under the conditions set out in this Article and as further specified in their CAP Strategic Plans.

1a.
     
  In order to be eligible for EAFRD support, investment operations shall be preceded by an assessment of the expected environmental impact in accordance with law specific to that kind of investment where the investment is likely to have negative effects on the environment

2.   Member States may only grant support under this type of interventions for tangible and/or intangible investments, which contribute to achieving the specific objectives set out in Article 6. Support to the forestry sector shall be based on a forest management plan or equivalent instrument.

2.   Member States may only grant support under this type of interventions for tangible and/or intangible investments,
  including in collective form,
  which contribute to achieving the
  relevant
  specific objectives set out in Article 6. Support to the forestry sector shall be based on a forest management plan
  which includes the requirement of planting species adapted to local ecosystems,
  or equivalent instrument
  in the case of holdings above a certain size to be determined by the Member Sate
  .

2a.
     
  Member States shall allocate at least 30 % of the support referred to in this article to investments for environment and climate-related purposes contributing to the objectives referred to in points (d), (e) and (f) of Article 6(1). Member States shall establish priorities for those investments by means of higher support, higher score evaluation and other objective criteria with similar effect.

Member States may also establish a priority for investments made by young farmers under this Article.

Member States may also establish a priority for investments made by young farmers under this Article.

3.   Member States shall establish a list of ineligible investments and categories of expenditure, including at least the following:

3.   Member States shall establish a list of ineligible investments and categories of expenditure, including at least the following:

(a)

purchase of agricultural production rights;

| (a) | purchase of agricultural production rights; |
| --- | --- |

(a)

purchase of agricultural production rights;

| (b) | purchase of payment entitlements; |
| --- | --- |

(b)

purchase of payment entitlements;

| (b) | purchase of payment entitlements; |
| --- | --- |

(b)

purchase of payment entitlements;

| (c) | purchase of land with the exception of land purchase for environmental conservation or land purchased by young farmers through the use of financial instruments; |
| --- | --- |

(c)

purchase of land with the exception of land purchase for environmental conservation or land purchased by young farmers through the use of financial instruments;

| (c) | purchase of land with the exception of land purchase for environmental conservation or land purchased by young farmers through the use of financial instruments; |
| --- | --- |

(c)

purchase of land with the exception of land purchase for environmental conservation or land purchased by young farmers through the use of financial instruments;

| (d) | purchase of animals,
  annual plants and their planting other than for the purpose of restoring agricultural or forestry potential following natural disaster and catastrophic events
  ; |
| --- | --- |

(d)

purchase of animals,
  annual plants and their planting other than for the purpose of restoring agricultural or forestry potential following natural disaster and catastrophic events
  ;

annual plants and their planting other than for the purpose of restoring agricultural or forestry potential following natural disaster and catastrophic events

| (d) | purchase of animals,
  except those used instead of machines for landscape conservation and for protection against large predators
  ; |
| --- | --- |

(d)

purchase of animals,
  except those used instead of machines for landscape conservation and for protection against large predators
  ;

except those used instead of machines for landscape conservation and for protection against large predators

| (da) | purchase of annual plants and their planting other than for the purpose of restoring agricultural or forestry potential following natural disaster and catastrophic events; |
| --- | --- |

(da)

(da)

purchase of annual plants and their planting other than for the purpose of restoring agricultural or forestry potential following natural disaster and catastrophic events;

purchase of annual plants and their planting other than for the purpose of restoring agricultural or forestry potential following natural disaster and catastrophic events;

| (e) | interest rate on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy; |
| --- | --- |

(e)

interest rate on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy;

| (e) | interest rate on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy; |
| --- | --- |

(e)

interest rate on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy;

| (f) | investments in irrigation which are not consistent with the achievement of good status of water bodies, as laid down in Article 4(1) of Directive 2000/60/EC, including expansion of irrigation affecting water bodies whose status has been defined as less than good in the relevant river basin management plan; |
| --- | --- |

(f)

(f)

investments in irrigation which are not consistent with the achievement of good status of water bodies, as laid down in Article 4(1) of Directive 2000/60/EC, including expansion of irrigation affecting water bodies whose status has been defined as less than good in the relevant river basin management plan;

investments in irrigation which are not consistent with the achievement of good status of water bodies, as laid down in Article 4(1) of Directive 2000/60/EC, including expansion of irrigation affecting water bodies whose status has been defined as less than good in the relevant river basin management plan;

| (g) | investments in large infrastructures not being part of local development strategies; |
| --- | --- |

(g)

investments in large infrastructures not being part of local development strategies;

| (g) | investments in large infrastructures not being part of local development strategies;
  Member States may also provide for specific derogations for investments in broadband when clear criteria ensuring complementarity with support under other Union instruments is provided; |
| --- | --- |

(g)

investments in large infrastructures not being part of local development strategies;
  Member States may also provide for specific derogations for investments in broadband when clear criteria ensuring complementarity with support under other Union instruments is provided;

Member States may also provide for specific derogations for investments in broadband when clear criteria ensuring complementarity with support under other Union instruments is provided;

| (h) | investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles, as developed in the Pan-European Guidelines for Afforestation and Reforestation. |
| --- | --- |

(h)

investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles, as developed in the Pan-European Guidelines for Afforestation and Reforestation.

| (h) | investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles, as developed in the Pan-European Guidelines for Afforestation and Reforestation. |
| --- | --- |

(h)

investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles, as developed in the Pan-European Guidelines for Afforestation and Reforestation.

| (ha) | investments which are not consistent with animal health and welfare legislation or with Directive 91/676/EEC; |
| --- | --- |

(ha)

(ha)

investments which are not consistent with animal health and welfare legislation or with Directive 91/676/EEC;

investments which are not consistent with animal health and welfare legislation or with Directive 91/676/EEC;

| (hb) | investments in bioenergy production that are not consistent with the sustainability criteria of the Renewable Energy Directive. |
| --- | --- |

(hb)

(hb)

investments in bioenergy production that are not consistent with the sustainability criteria of the Renewable Energy Directive.

investments in bioenergy production that are not consistent with the sustainability criteria of the Renewable Energy Directive.

Points (a), (b), (d) and (g) of the first subparagraph shall not apply where support is provided through financial instruments.

Points (a), (b), (d) and (g) of the first subparagraph shall not apply where support is provided through financial instruments.

By way of derogation from points (a) to (h) of the first subparagraph, Member States may provide for derogations in island regions, including outermost regions, to tackle disadvantages linked to insularity and remoteness.

By way of derogation from points (a) to (h) of the first subparagraph, Member States may provide for derogations in island regions, including outermost regions, to tackle disadvantages linked to insularity and remoteness.

4.   Member States shall limit the support to the maximum rate of
  75 % of
  the eligible costs.

4.   Member States shall limit the support to the maximum rate of the eligible costs
  laid down in Annex IXaa
  .

The maximum support rate may be increased for the following investments:

The maximum support rate may be increased for the following investments:

| (a) | afforestation and non-productive investments linked to the specific environmental- and climate-related objectives set out in points (d), (e) and (f) of Article 6(1); |
| --- | --- |

(a)

afforestation and non-productive investments linked to the specific environmental- and climate-related objectives set out in points (d), (e) and (f) of Article 6(1);

| (a) | afforestation
  , establishment of agroforestry systems
  and non-productive investments
  , including land consolidation,
  linked to the specific environmental- and climate-related objectives set out in points (d), (e) and (f) of Article 6(1); |
| --- | --- |

(a)

afforestation
  , establishment of agroforestry systems
  and non-productive investments
  , including land consolidation,
  linked to the specific environmental- and climate-related objectives set out in points (d), (e) and (f) of Article 6(1);

, establishment of agroforestry systems

, including land consolidation,

| (b) | investments in basic services in rural areas; |
| --- | --- |

(b)

investments in basic services in rural areas;

| (b) | investments in basic services in rural areas; |
| --- | --- |

(b)

investments in basic services in rural areas;

| (c) | investments in the restoration of agricultural or forestry potential following natural disasters or catastrophic events and investments in appropriate preventive actions in forests and in the rural environment. |
| --- | --- |

(c)

investments in the restoration of agricultural or forestry potential following natural disasters or catastrophic events and investments in appropriate preventive actions in forests and in the rural environment.

| (c) | investments in the restoration of agricultural or forestry potential
  damaged
  following
  fires and other
  natural disasters or catastrophic events
  , including storms, floods, pests and disease, as well as restoring of forests through demining,
  and investments in appropriate preventive actions in forests and in the rural environment
  , as well as investments in maintaining the health of forests; |
| --- | --- |

(c)

investments in the restoration of agricultural or forestry potential
  damaged
  following
  fires and other
  natural disasters or catastrophic events
  , including storms, floods, pests and disease, as well as restoring of forests through demining,
  and investments in appropriate preventive actions in forests and in the rural environment
  , as well as investments in maintaining the health of forests;

damaged

fires and other

, including storms, floods, pests and disease, as well as restoring of forests through demining,

, as well as investments in maintaining the health of forests;

| (ca) | investments in innovative production techniques and systems simultaneously contributing to the objectives referred to in points (a), (b),(d), (e) and (f) of Article 6(1); |
| --- | --- |

(ca)

(ca)

investments in innovative production techniques and systems simultaneously contributing to the objectives referred to in points (a), (b),(d), (e) and (f) of Article 6(1);

investments in innovative production techniques and systems simultaneously contributing to the objectives referred to in points (a), (b),(d), (e) and (f) of Article 6(1);

| (cb) | investments for protecting herds against predators; |
| --- | --- |

(cb)

(cb)

investments for protecting herds against predators;

investments for protecting herds against predators;

| (cc) | investments in outermost regions and areas with natural constraints, including mountain and island regions; |
| --- | --- |

(cc)

(cc)

investments in outermost regions and areas with natural constraints, including mountain and island regions;

investments in outermost regions and areas with natural constraints, including mountain and island regions;

| (cd) | investments linked to animal welfare. |
| --- | --- |

(cd)

(cd)

investments linked to animal welfare.

investments linked to animal welfare.

Amendment 475

Amendment 475

Proposal for a regulation

Proposal for a regulation

Article 68 a (new)

Article 68 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 68a |
| | Investments in irrigation |
| | 1.
     
  Without prejudice to Article 68 of this Regulation, in the case of irrigation in new and existing irrigated areas and drained areas, only investments that fulfil the conditions laid down in this Article shall be considered as eligible expenditure. |
| | 2.
     
  A river basin management plan, as required under the terms of Directive 2000/60/EC shall have been notified to the Commission for the entire area in which the investment is to take place, as well as in any other areas whose environment may be affected by the investment. The measures taking effect under the river basin management plan in accordance with Article 11 of that Directive and of relevance to the agricultural sector shall have been specified in the relevant programme of measures. |
| | 3.
     
  Water metering enabling measurement of water use at the level of the supported investment shall be in place or shall be put in place as part of the investment. |
| | 4.
     
  An investment in an improvement to an existing irrigation installation or element of irrigation infrastructure shall be eligible only if it is assessed ex ante as offering potential water savings of a minimum of between 5 % and 25 % according to the technical parameters of the existing installation or infrastructure. |
| | If the investment affects bodies of ground- or surface water whose status has been identified as less than good in the relevant river basin management plan only for reasons of water quantity: |
| | (a) | the investment shall ensure an effective reduction in water use, at the level of the investment, amounting to at least 50 % of the potential water saving made possible by the investment; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 68a

Article 68a

Investments in irrigation

Investments in irrigation

1.
     
  Without prejudice to Article 68 of this Regulation, in the case of irrigation in new and existing irrigated areas and drained areas, only investments that fulfil the conditions laid down in this Article shall be considered as eligible expenditure.

2.
     
  A river basin management plan, as required under the terms of Directive 2000/60/EC shall have been notified to the Commission for the entire area in which the investment is to take place, as well as in any other areas whose environment may be affected by the investment. The measures taking effect under the river basin management plan in accordance with Article 11 of that Directive and of relevance to the agricultural sector shall have been specified in the relevant programme of measures.

3.
     
  Water metering enabling measurement of water use at the level of the supported investment shall be in place or shall be put in place as part of the investment.

4.
     
  An investment in an improvement to an existing irrigation installation or element of irrigation infrastructure shall be eligible only if it is assessed ex ante as offering potential water savings of a minimum of between 5 % and 25 % according to the technical parameters of the existing installation or infrastructure.

If the investment affects bodies of ground- or surface water whose status has been identified as less than good in the relevant river basin management plan only for reasons of water quantity:

If the investment affects bodies of ground- or surface water whose status has been identified as less than good in the relevant river basin management plan only for reasons of water quantity:

(a)

(a)

the investment shall ensure an effective reduction in water use, at the level of the investment, amounting to at least 50 % of the potential water saving made possible by the investment;

the investment shall ensure an effective reduction in water use, at the level of the investment, amounting to at least 50 % of the potential water saving made possible by the investment;

| (b) | in the case of an investment on a single agricultural holding, it shall also result in a reduction to the holding's total water use amounting to at least 50 % of the potential water saving made possible at the level of the investment. The total water use of the holding shall include water sold by the holding. |
| --- | --- |

(b)

(b)

in the case of an investment on a single agricultural holding, it shall also result in a reduction to the holding's total water use amounting to at least 50 % of the potential water saving made possible at the level of the investment. The total water use of the holding shall include water sold by the holding.

in the case of an investment on a single agricultural holding, it shall also result in a reduction to the holding's total water use amounting to at least 50 % of the potential water saving made possible at the level of the investment. The total water use of the holding shall include water sold by the holding.

None of the conditions in paragraph 4 shall apply to an investment in an existing installation which affects only energy efficiency or to an investment in the creation of a reservoir or to an investment in the use of recycled water which does not affect a body of ground or surface water.

None of the conditions in paragraph 4 shall apply to an investment in an existing installation which affects only energy efficiency or to an investment in the creation of a reservoir or to an investment in the use of recycled water which does not affect a body of ground or surface water.

5.
     
  An investment resulting in a net increase of the irrigated area affecting a given body of ground or surface water shall be eligible only if:

| (a) | the status of the water body has not been identified as less than good in the relevant river basin management plan only for reasons of water quantity; and |
| --- | --- |

(a)

(a)

the status of the water body has not been identified as less than good in the relevant river basin management plan only for reasons of water quantity; and

the status of the water body has not been identified as less than good in the relevant river basin management plan only for reasons of water quantity; and

| (b) | an ex-ante environmental analysis shows that there will be no significant negative environmental impact from the investment; such an environmental impact analysis shall be either carried out by or approved by the competent authority and may also refer to groups of holdings. |
| --- | --- |

(b)

(b)

an ex-ante environmental analysis shows that there will be no significant negative environmental impact from the investment; such an environmental impact analysis shall be either carried out by or approved by the competent authority and may also refer to groups of holdings.

an ex-ante environmental analysis shows that there will be no significant negative environmental impact from the investment; such an environmental impact analysis shall be either carried out by or approved by the competent authority and may also refer to groups of holdings.

Areas which are not irrigated but in which an irrigation installation was active in the past, to be established and justified in the programme, may be considered as irrigated areas for the purpose of determining the net increase of the irrigated area.

Areas which are not irrigated but in which an irrigation installation was active in the past, to be established and justified in the programme, may be considered as irrigated areas for the purpose of determining the net increase of the irrigated area.

6.
     
  By way of derogation from point (a) of paragraph 5 investments resulting in a net increase in the irrigated area may still be eligible if:

| (a) | the investment is combined with an investment in an existing irrigation installation or element of irrigation infrastructure assessed ex-ante as offering potential water savings of a minimum of between 5 % and 25 % according to the technical parameters of the existing installation or infrastructure and |
| --- | --- |

(a)

(a)

the investment is combined with an investment in an existing irrigation installation or element of irrigation infrastructure assessed ex-ante as offering potential water savings of a minimum of between 5 % and 25 % according to the technical parameters of the existing installation or infrastructure and

the investment is combined with an investment in an existing irrigation installation or element of irrigation infrastructure assessed ex-ante as offering potential water savings of a minimum of between 5 % and 25 % according to the technical parameters of the existing installation or infrastructure and

| (b) | the investment ensures an effective reduction in water use, at the level of the investment as a whole, amounting to at least 50 % of the potential water saving made possible by the investment in the existing irrigation installation or element of infrastructure. |
| --- | --- |

(b)

(b)

the investment ensures an effective reduction in water use, at the level of the investment as a whole, amounting to at least 50 % of the potential water saving made possible by the investment in the existing irrigation installation or element of infrastructure.

the investment ensures an effective reduction in water use, at the level of the investment as a whole, amounting to at least 50 % of the potential water saving made possible by the investment in the existing irrigation installation or element of infrastructure.

7.
     
  Member States shall limit the support to the maximum rate of 75 % of the eligible costs. The maximum support rate may be increased for investments in outermost regions and areas with natural constraints, including mountain and island regions.

Amendment 1168

Amendment 1168

Proposal for a regulation

Proposal for a regulation

Article 68 b (new)

Article 68 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 68b




  Installation of digital technologies





  1.
     
  Without prejudice to Article 68 of this Regulation, Member States may grant support for the installation of digital technologies in rural areas under the conditions set out in this Article and as further specified in their CAP Strategic Plans with a view to contributing to the cross-cutting objective set out in Article 5 and to the specific objectives set out in Article 6.






  2.
     
  Member States may grant support under this type of interventions to help the installation of digital technologies to support, inter alia, precision farming, Smart Villages rural enterprise as well as the development of ICT infrastructures at farm level.






  3.
     
  Member States shall limit the support for the installation of digital technologies to the maximum rate of 30 % of the eligible costs. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 68b

Installation of digital technologies

1.
     
  Without prejudice to Article 68 of this Regulation, Member States may grant support for the installation of digital technologies in rural areas under the conditions set out in this Article and as further specified in their CAP Strategic Plans with a view to contributing to the cross-cutting objective set out in Article 5 and to the specific objectives set out in Article 6.

2.
     
  Member States may grant support under this type of interventions to help the installation of digital technologies to support, inter alia, precision farming, Smart Villages rural enterprise as well as the development of ICT infrastructures at farm level.

3.
     
  Member States shall limit the support for the installation of digital technologies to the maximum rate of 30 % of the eligible costs.

Amendment 477

Amendment 477

Proposal for a regulation

Proposal for a regulation

Article 69 — title

Article 69 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Installation of young farmers
  and
  rural business start-up | Installation of young farmers
  , new farmers, sustainable
  rural business start-up
  and development |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Installation of young farmers
  and
  rural business start-up

and

Installation of young farmers
  , new farmers, sustainable
  rural business start-up
  and development

, new farmers, sustainable

and development

Amendment 478

Amendment 478

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 1

Article 69 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may grant support for the installation of young farmers and rural business start-up under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the specific objectives set out in Article 6. | 1.   Member States may grant support for the installation of young farmers
  or their incorporation into existing farm businesses, new farmers,
  and rural business start-up
  and development, including for diversification of agricultural activities,
  under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the specific objectives set out in
  Article 6. Support under this Article shall be conditional on the presentation of a business plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States may grant support for the installation of young farmers and rural business start-up under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the specific objectives set out in Article 6.

1.   Member States may grant support for the installation of young farmers
  or their incorporation into existing farm businesses, new farmers,
  and rural business start-up
  and development, including for diversification of agricultural activities,
  under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of the specific objectives set out in
  Article 6. Support under this Article shall be conditional on the presentation of a business plan.

Amendment 479

Amendment 479

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 2 — introductory part

Article 69 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States may only grant support under this
  type of interventions
  to help: | 2.   Member States may only grant support under this
  Article
  to help: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Member States may only grant support under this
  type of interventions
  to help:

2.   Member States may only grant support under this
  Article
  to help:

Amendment 480

Amendment 480

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 2 — point a a (new)

Article 69 — paragraph 2 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | the installation of new farmers. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

the installation of new farmers.

the installation of new farmers.

Amendment 481

Amendment 481

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 2 — point b

Article 69 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the start-up of rural business linked to agriculture
  and
  forestry or
  farm household
  income diversification; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the start-up of rural business linked to agriculture
  and
  forestry or
  farm household
  income diversification;

and

farm household

| (b) | the start-up
  and development
  of rural business linked to agriculture, forestry
  , bio economy, circular economy and agri-tourism,
  or income diversification; |
| --- | --- |

(b)

the start-up
  and development
  of rural business linked to agriculture, forestry
  , bio economy, circular economy and agri-tourism,
  or income diversification;

and development

, bio economy, circular economy and agri-tourism,

Amendment 482

Amendment 482

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 2 — point c

Article 69 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the business start-up of non-agricultural activities in rural areas being part of local development strategies. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the business start-up of non-agricultural activities in rural areas being part of local development strategies.

| (c) | the business start-up of non-agricultural activities in rural areas being part of local development strategies
  , by farmers diversifying their activities, as well as micro-enterprises and natural persons in rural areas
  . |
| --- | --- |

(c)

the business start-up of non-agricultural activities in rural areas being part of local development strategies
  , by farmers diversifying their activities, as well as micro-enterprises and natural persons in rural areas
  .

, by farmers diversifying their activities, as well as micro-enterprises and natural persons in rural areas

Amendment 483

Amendment 483

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 2 a (new)

Article 69 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Member States may lay down specific provisions for to ensure that young farmers and new farmers who join groups of farmers, producer organisations or cooperative structures do not lose the setting up aid. Such provisions shall comply with the principle of proportionality and identify the participation of the young farmers and new farmers within the structure. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Member States may lay down specific provisions for to ensure that young farmers and new farmers who join groups of farmers, producer organisations or cooperative structures do not lose the setting up aid. Such provisions shall comply with the principle of proportionality and identify the participation of the young farmers and new farmers within the structure.

Amendment 484

Amendment 484

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 4

Article 69 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Member States shall grant support in the form of lump sums. Support shall be limited to the maximum amount
  of EUR 100 000
  and may be combined with financial instruments. | 4.   Member States shall grant support in the form of lump sums
  , which may be differentiated in accordance with objective criteria
  . Support shall be limited to the maximum amount
  laid down in Annex IXaa
  and may be combined with financial instruments. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Member States shall grant support in the form of lump sums. Support shall be limited to the maximum amount
  of EUR 100 000
  and may be combined with financial instruments.

4.   Member States shall grant support in the form of lump sums
  , which may be differentiated in accordance with objective criteria
  . Support shall be limited to the maximum amount
  laid down in Annex IXaa
  and may be combined with financial instruments.

Amendment 485

Amendment 485

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 4 a (new)

Article 69 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Support pursuant to this Article may be granted in several tranches. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Support pursuant to this Article may be granted in several tranches.

Amendments 486, 1152cp1 and 1063

Amendments 486, 1152cp1 and 1063

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 1

Article 70 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States
  shall
  grant support for risk management tools under the conditions set out in this Article and as further specified in their CAP Strategic Plans. | 1.   Member States
  may
  grant support for risk management tools
  , taking into account their needs and SWOT analyses,
  under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
  Member States shall ensure that this provision is not detrimental to private or public national risk management tools. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States
  shall
  grant support for risk management tools under the conditions set out in this Article and as further specified in their CAP Strategic Plans.

1.   Member States
  may
  grant support for risk management tools
  , taking into account their needs and SWOT analyses,
  under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
  Member States shall ensure that this provision is not detrimental to private or public national risk management tools.

Amendment 487

Amendment 487

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 2

Article 70 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  Member States shall grant
  support under this type of interventions
  in order
  to promote risk management tools, which help
  genuine
  farmers manage production and income risks related to their agricultural activity which are outside their control and which contribute to achieving the specific objectives set out in Article 6. | 2.   Support under this type of interventions
  may be granted
  to promote risk management tools, which help
  active
  farmers manage production and income risks related to their agricultural activity which are outside their control and which contribute to achieving the
  relevant
  specific objectives set out in Article 6.
  These tools may consist of multi-risk management systems. |
| | In addition, risk mitigation strategies shall be encouraged to increase farm resilience against natural and climate change-related risks and reduce exposure to income instability. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   
  Member States shall grant
  support under this type of interventions
  in order
  to promote risk management tools, which help
  genuine
  farmers manage production and income risks related to their agricultural activity which are outside their control and which contribute to achieving the specific objectives set out in Article 6.

2.   Support under this type of interventions
  may be granted
  to promote risk management tools, which help
  active
  farmers manage production and income risks related to their agricultural activity which are outside their control and which contribute to achieving the
  relevant
  specific objectives set out in Article 6.
  These tools may consist of multi-risk management systems.

In addition, risk mitigation strategies shall be encouraged to increase farm resilience against natural and climate change-related risks and reduce exposure to income instability.

In addition, risk mitigation strategies shall be encouraged to increase farm resilience against natural and climate change-related risks and reduce exposure to income instability.

Amendments 488, 1065 and 1152cp3

Amendments 488, 1065 and 1152cp3

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 3 — point a

Article 70 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | financial contributions to premiums for insurance schemes; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

financial contributions to premiums for insurance schemes;

| (a) | financial contributions to premiums for insurance schemes
  , by covering losses caused by adverse climatic events, natural disasters or catastrophic events, by outbreaks of animal or plant disease, by an environmental incident, by contamination of organic crops, or by a measure adopted pursuant to Directive 2000/29/EC to eradicate or contain a plant disease or pest
  ; |
| --- | --- |

(a)

financial contributions to premiums for insurance schemes
  , by covering losses caused by adverse climatic events, natural disasters or catastrophic events, by outbreaks of animal or plant disease, by an environmental incident, by contamination of organic crops, or by a measure adopted pursuant to Directive 2000/29/EC to eradicate or contain a plant disease or pest
  ;

, by covering losses caused by adverse climatic events, natural disasters or catastrophic events, by outbreaks of animal or plant disease, by an environmental incident, by contamination of organic crops, or by a measure adopted pursuant to Directive 2000/29/EC to eradicate or contain a plant disease or pest

Amendments 489, 1067 and 1152cp4

Amendments 489, 1067 and 1152cp4

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 3 — point b

Article 70 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | financial contributions to mutual funds, including the administrative cost of setting up; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

financial contributions to mutual funds, including the administrative cost of setting up;

| (b) | financial contributions to mutual funds, including the administrative cost of setting up
  , with a view to payment of financial compensation to farmers for losses caused by adverse climatic events, natural disasters or catastrophic events, by outbreaks of animal or plant disease, by an environmental incident, by contamination of organic crops, or by a measure adopted pursuant to Directive 2000/29/EC to eradicate or contain a plant disease or pest
  ; |
| --- | --- |

(b)

financial contributions to mutual funds, including the administrative cost of setting up
  , with a view to payment of financial compensation to farmers for losses caused by adverse climatic events, natural disasters or catastrophic events, by outbreaks of animal or plant disease, by an environmental incident, by contamination of organic crops, or by a measure adopted pursuant to Directive 2000/29/EC to eradicate or contain a plant disease or pest
  ;

, with a view to payment of financial compensation to farmers for losses caused by adverse climatic events, natural disasters or catastrophic events, by outbreaks of animal or plant disease, by an environmental incident, by contamination of organic crops, or by a measure adopted pursuant to Directive 2000/29/EC to eradicate or contain a plant disease or pest

Amendments 490, 1068 and 1152cp5

Amendments 490, 1068 and 1152cp5

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 3 — point b a (new)

Article 70 — paragraph 3 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | financial contributions to an income stabilisation tool taking the form of a mutual fund and providing:










  (i) | compensation for farmers of all sectors in the event of a sharp fall in their income; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

financial contributions to an income stabilisation tool taking the form of a mutual fund and providing:

financial contributions to an income stabilisation tool taking the form of a mutual fund and providing:

(i)

(i)

compensation for farmers of all sectors in the event of a sharp fall in their income;

compensation for farmers of all sectors in the event of a sharp fall in their income;

| (ii) | compensation for farmers of a specific sector in the event of a sharp fall in their income; |
| --- | --- |

(ii)

(ii)

compensation for farmers of a specific sector in the event of a sharp fall in their income;

compensation for farmers of a specific sector in the event of a sharp fall in their income;

Amendments 948 and 1270

Amendments 948 and 1270

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 3 — point b b (new)

Article 70 — paragraph 3 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | financial contribution for risk mitigation such as the protection of landscape features and soils that help reducing risks such as drought, floods and fires. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(bb)

(bb)

financial contribution for risk mitigation such as the protection of landscape features and soils that help reducing risks such as drought, floods and fires.

financial contribution for risk mitigation such as the protection of landscape features and soils that help reducing risks such as drought, floods and fires.

Amendments 491 and 1152cp6

Amendments 491 and 1152cp6

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 3 a (new)

Article 70 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Member States shall limit the financial contributions to mutual funds referred to in points (b) and (ba) of paragraph 3 to the following elements: |
| | (a) | the administrative costs of setting up the mutual fund, spread over a maximum period of three years in a regressive manner; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  Member States shall limit the financial contributions to mutual funds referred to in points (b) and (ba) of paragraph 3 to the following elements:

(a)

(a)

the administrative costs of setting up the mutual fund, spread over a maximum period of three years in a regressive manner;

the administrative costs of setting up the mutual fund, spread over a maximum period of three years in a regressive manner;

| (b) | the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis; |
| --- | --- |

(b)

(b)

the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis;

the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis;

| (c) | supplementing the annual payments into the fund; |
| --- | --- |

(c)

(c)

supplementing the annual payments into the fund;

supplementing the annual payments into the fund;

| (d) | the initial capital stock of the mutual fund. |
| --- | --- |

(d)

(d)

the initial capital stock of the mutual fund.

the initial capital stock of the mutual fund.

Amendments 492 and 1152cp7

Amendments 492 and 1152cp7

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 4 — point a

Article 70 — paragraph 4 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the types and coverage of eligible insurance schemes and mutual funds; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the types and coverage of eligible insurance schemes and mutual funds;

| (a) | the types and coverage of eligible insurance schemes and mutual funds
  and income stabilisation tools
  ; |
| --- | --- |

(a)

the types and coverage of eligible insurance schemes and mutual funds
  and income stabilisation tools
  ;

and income stabilisation tools

Amendments 493, 1071, 1152cp8 and 1272

Amendments 493, 1071, 1152cp8 and 1272

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 4 — point b

Article 70 — paragraph 4 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the methodology for the calculation of losses and triggering factors for compensation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the methodology for the calculation of losses and triggering factors for compensation;

| (b) | the methodology for the calculation of losses and triggering factors for compensation
  , including by using biological, climate or economic indexes applied at the level of the holding, or at local, regional or national level
  ; |
| --- | --- |

(b)

the methodology for the calculation of losses and triggering factors for compensation
  , including by using biological, climate or economic indexes applied at the level of the holding, or at local, regional or national level
  ;

, including by using biological, climate or economic indexes applied at the level of the holding, or at local, regional or national level

Amendment 1152cp9

Amendment 1152cp9

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 5

Article 70 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Member States shall ensure that support is granted only for covering losses of at least 20 % of the average annual production or income 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. | 5.   Member States shall ensure that support is granted only for covering: losses of at least 20 % of the average annual production
  of the product concerned
  or income 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.
  For production losses, this period may be extended to four-year period or an average based on the preceding eight-year period excluding the highest and lowest entry. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Member States shall ensure that support is granted only for covering losses of at least 20 % of the average annual production or income 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.

5.   Member States shall ensure that support is granted only for covering: losses of at least 20 % of the average annual production
  of the product concerned
  or income 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.
  For production losses, this period may be extended to four-year period or an average based on the preceding eight-year period excluding the highest and lowest entry.

Amendments 494, 1074 and 1152cp10

Amendments 494, 1074 and 1152cp10

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 6

Article 70 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Member
  Sates
  shall limit the support to the maximum rate of
  70 % of
  the eligible costs. | 6.   Member
  States
  shall limit the support to the maximum rate of the eligible costs
  laid down in Annex IXaa
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Member
  Sates
  shall limit the support to the maximum rate of
  70 % of
  the eligible costs.

6.   Member
  States
  shall limit the support to the maximum rate of the eligible costs
  laid down in Annex IXaa
  .

Amendments 1152cp11 and 1276

Amendments 1152cp11 and 1276

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 7

Article 70 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   Member States shall ensure that overcompensation as a result of the combination of the interventions under this Article with other public or private risk management schemes is avoided. | 7.   Member States shall ensure that
  risk mitigation strategies are implemented to increase farm resilience against natural and climate change-related risks and reduce exposure to income instability. In addition, they shall ensure that
  overcompensation as a result of the combination of the interventions under this Article with other public or private risk management schemes is avoided. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Member States shall ensure that overcompensation as a result of the combination of the interventions under this Article with other public or private risk management schemes is avoided.

7.   Member States shall ensure that
  risk mitigation strategies are implemented to increase farm resilience against natural and climate change-related risks and reduce exposure to income instability. In addition, they shall ensure that
  overcompensation as a result of the combination of the interventions under this Article with other public or private risk management schemes is avoided.

Amendments 495, 1076 and 1152cp12

Amendments 495, 1076 and 1152cp12

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 7 a (new)

Article 70 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7a.
     
  Any Member States that introduce national risk management schemes or already have such schemes before ... [the date of entry into force of this Regulation] may use the instruments set out in this Article to cover any risk types not covered by those schemes. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7a.
     
  Any Member States that introduce national risk management schemes or already have such schemes before ... [the date of entry into force of this Regulation] may use the instruments set out in this Article to cover any risk types not covered by those schemes.

Amendment 496

Amendment 496

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 1

Article 71 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may grant support for cooperation under the conditions set out in this Article and as further specified in their CAP Strategic Plans to prepare and to implement Operational Group projects of the European Innovation Partnership for agricultural productivity and sustainability as referred to in Article 114 and LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR], and to promote quality schemes, producer organisations or producer groups or other forms of cooperation. | 1.   Member States may grant support for cooperation under the conditions set out in this Article and as further specified in their CAP Strategic Plans to prepare and to implement Operational Group projects of the European Innovation Partnership for agricultural productivity and sustainability as referred to in Article 114 and LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR], and to promote quality schemes, producer organisations or producer groups, or other forms of cooperation
  including those whose products are covered by Regulation (EU) No 1151/2012
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States may grant support for cooperation under the conditions set out in this Article and as further specified in their CAP Strategic Plans to prepare and to implement Operational Group projects of the European Innovation Partnership for agricultural productivity and sustainability as referred to in Article 114 and LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR], and to promote quality schemes, producer organisations or producer groups or other forms of cooperation.

1.   Member States may grant support for cooperation under the conditions set out in this Article and as further specified in their CAP Strategic Plans to prepare and to implement Operational Group projects of the European Innovation Partnership for agricultural productivity and sustainability as referred to in Article 114 and LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR], and to promote quality schemes, producer organisations or producer groups, or other forms of cooperation
  including those whose products are covered by Regulation (EU) No 1151/2012
  .

Amendments 497 and 1170cp2

Amendments 497 and 1170cp2

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 2

Article 71 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States may only grant support under this type of interventions to promote forms of cooperation which involves at least two entities and which contributes to achieving the specific objectives set out in Article 6. | 2.   Member States may only grant support under this type of interventions to promote forms of cooperation
  and sustain existing ones
  which involves at least two entities
  , of which at least one is involved in agricultural production,
  and which contributes to achieving the specific objectives set out in Article 6. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Member States may only grant support under this type of interventions to promote forms of cooperation which involves at least two entities and which contributes to achieving the specific objectives set out in Article 6.

2.   Member States may only grant support under this type of interventions to promote forms of cooperation
  and sustain existing ones
  which involves at least two entities
  , of which at least one is involved in agricultural production,
  and which contributes to achieving the specific objectives set out in Article 6.

Amendments 498 and 1170cp2

Amendments 498 and 1170cp2

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 2 a (new)

Article 71 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  By way of derogation from paragraph 2, Member States may grant support from the EAFRD to Local Action Groups which implement a local development strategy contributing to achieving the specific objectives set out in Article 6. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  By way of derogation from paragraph 2, Member States may grant support from the EAFRD to Local Action Groups which implement a local development strategy contributing to achieving the specific objectives set out in Article 6.

Amendments 499 and 1170cp2

Amendments 499 and 1170cp2

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 3

Article 71 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States may cover under this type of interventions the costs related to all aspects of the cooperation. | 3.   Member States may cover under this type of interventions the costs related to all
  necessary
  aspects of the cooperation
  , including certification costs relating to participation in a Union quality scheme
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Member States may cover under this type of interventions the costs related to all aspects of the cooperation.

3.   Member States may cover under this type of interventions the costs related to all
  necessary
  aspects of the cooperation
  , including certification costs relating to participation in a Union quality scheme
  .

Amendments 500 and 1170cp2

Amendments 500 and 1170cp2

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 4 — subparagraph 1 a (new)

Article 71 — paragraph 4 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Member States may grant support intended to encourage quality schemes, producer organisations or producer groups or other forms of cooperation, in the form of a lump sum. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member States may grant support intended to encourage quality schemes, producer organisations or producer groups or other forms of cooperation, in the form of a lump sum.

The Member States may grant support intended to encourage quality schemes, producer organisations or producer groups or other forms of cooperation, in the form of a lump sum.

Amendment 1170 cp3

Amendment 1170 cp3

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 7

Article 71 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   In the case of cooperation in the context of farm succession, Member States may grant support only to farmers
  having reached
  the retirement age as set under national legislation. | 7.   In the case of cooperation in the context of farm succession
  and with the aim of supporting intergenerational renewal at farm-level
  , Member States may grant support only to farmers
  who are no more than five years away from reaching
  the retirement age as set under national legislation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   In the case of cooperation in the context of farm succession, Member States may grant support only to farmers
  having reached
  the retirement age as set under national legislation.

7.   In the case of cooperation in the context of farm succession
  and with the aim of supporting intergenerational renewal at farm-level
  , Member States may grant support only to farmers
  who are no more than five years away from reaching
  the retirement age as set under national legislation.

Amendments 501 and 830cp1

Amendments 501 and 830cp1

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 8

Article 71 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.   Member States shall limit support to a maximum of seven years except for collective environment and climate actions in duly justified cases to achieve the specific environmental- and climate-
  related objectives
  set out in points (d), (e) and (f) of Article 6(1). | 8.   Member States shall limit support to a maximum of seven years except for collective environment and climate actions in duly justified cases to achieve the specific
  objectives related to the
  environment- and
  to
  climate set out in points (d), (e) and (f) of Article 6(1).
  Member States shall not support interventions with negative effects for the environment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.   Member States shall limit support to a maximum of seven years except for collective environment and climate actions in duly justified cases to achieve the specific environmental- and climate-
  related objectives
  set out in points (d), (e) and (f) of Article 6(1).

8.   Member States shall limit support to a maximum of seven years except for collective environment and climate actions in duly justified cases to achieve the specific
  objectives related to the
  environment- and
  to
  climate set out in points (d), (e) and (f) of Article 6(1).
  Member States shall not support interventions with negative effects for the environment.

Amendments 502 and 1170cp4

Amendments 502 and 1170cp4

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 8 a (new)

Article 71 — paragraph 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8a.
     
  Local Action Groups may request the payment of an advance from the competent paying agency if such possibility is provided for in the strategic plan. The amount of the advances shall not exceed 50 % of the public support for the running and animation costs. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8a.
     
  Local Action Groups may request the payment of an advance from the competent paying agency if such possibility is provided for in the strategic plan. The amount of the advances shall not exceed 50 % of the public support for the running and animation costs.

Amendment 503

Amendment 503

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 8 b (new)

Article 71 — paragraph 8 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8b.
     
  Support for quality schemes for agricultural products and foodstuffs, including actions for information and promotion, and the aid for setting up producer groups and organisations shall be limited to the maximum amount laid down in Annex IXaa. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8b.
     
  Support for quality schemes for agricultural products and foodstuffs, including actions for information and promotion, and the aid for setting up producer groups and organisations shall be limited to the maximum amount laid down in Annex IXaa.

Amendment 830cp2

Amendment 830cp2

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 8 c (new)

Article 71 — paragraph 8 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8c.
     
  The LEADER initiative, referred to as community-led local development as set out in paragraph 1, shall provide for the active and primary involvement of farms and/or forestry holdings. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8c.
     
  The LEADER initiative, referred to as community-led local development as set out in paragraph 1, shall provide for the active and primary involvement of farms and/or forestry holdings.

Amendment 504

Amendment 504

Proposal for a regulation

Proposal for a regulation

Article 71 a (new)

Article 71 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 71a




  Thematic sub-programmes for quality schemes for agricultural products and foodstuffs




  Member States may establish a thematic sub-programme for the quality schemes for agricultural products and foodstuffs provided for in Regulation (EU) No 1151/2012 that achieves the specific objectives set out in Article 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 71a

Thematic sub-programmes for quality schemes for agricultural products and foodstuffs

Member States may establish a thematic sub-programme for the quality schemes for agricultural products and foodstuffs provided for in Regulation (EU) No 1151/2012 that achieves the specific objectives set out in Article 6(1).

Amendment 505

Amendment 505

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 1

Article 72 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may grant support for
  agricultural, forestry and rural business
  knowledge exchange and information under the conditions set out in this Article and as further specified in their CAP Strategic Plans. | 1.   Member States may grant support for knowledge exchange and information
  on an individual or collective basis
  under the conditions set out in this Article and as further specified in their CAP Strategic Plans
  for agricultural, forestry, including agroforestry, environmental and climate protection, rural business, Smart Villages and CAP interventions
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States may grant support for
  agricultural, forestry and rural business
  knowledge exchange and information under the conditions set out in this Article and as further specified in their CAP Strategic Plans.

1.   Member States may grant support for knowledge exchange and information
  on an individual or collective basis
  under the conditions set out in this Article and as further specified in their CAP Strategic Plans
  for agricultural, forestry, including agroforestry, environmental and climate protection, rural business, Smart Villages and CAP interventions
  .

Amendment 506

Amendment 506

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 2

Article 72 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Under this type of interventions Member States may cover costs of any relevant action to promote innovation, access to training and advice and exchange and dissemination of knowledge and information which contribute to achieving the specific objectives set out in Article 6. | 2.   Under this type of interventions Member States
  and the Union
  may cover costs of any relevant action to promote innovation, access to training and advice
  , the creation of plans and studies,
  and exchange and dissemination of knowledge and information which contribute to achieving the specific objectives set out in Article 6. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Under this type of interventions Member States may cover costs of any relevant action to promote innovation, access to training and advice and exchange and dissemination of knowledge and information which contribute to achieving the specific objectives set out in Article 6.

2.   Under this type of interventions Member States
  and the Union
  may cover costs of any relevant action to promote innovation, access to training and advice
  , the creation of plans and studies,
  and exchange and dissemination of knowledge and information which contribute to achieving the specific objectives set out in Article 6.

Amendment 507

Amendment 507

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 3 — subparagraph 1

Article 72 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States
  shall limit the
  support
  to a
  maximum
  of 75 % of the eligible costs
  . | Member States
  may provide
  support
  for up to the
  maximum
  rate laid down in Annex IXaa
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States
  shall limit the
  support
  to a
  maximum
  of 75 % of the eligible costs
  .

shall limit the

to a

of 75 % of the eligible costs

Member States
  may provide
  support
  for up to the
  maximum
  rate laid down in Annex IXaa
  .

may provide

for up to the

rate laid down in Annex IXaa

Amendment 508

Amendment 508

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 3 — subparagraph 2

Article 72 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| By way of derogation from the first subparagraph, in the case of setting-up of farm advisory services, Member States may grant support
  in the form of a fixed amount of
  maximum
  EUR 200 000
  . | By way of derogation from the first subparagraph, in the case of setting-up of farm advisory services, Member States may grant support
  up to the
  maximum
  amount laid down in Annex IXaa
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By way of derogation from the first subparagraph, in the case of setting-up of farm advisory services, Member States may grant support
  in the form of a fixed amount of
  maximum
  EUR 200 000
  .

in the form of a fixed amount of

EUR 200 000

By way of derogation from the first subparagraph, in the case of setting-up of farm advisory services, Member States may grant support
  up to the
  maximum
  amount laid down in Annex IXaa
  .

up to the

amount laid down in Annex IXaa

Amendment 509

Amendment 509

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 4

Article 72 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.
     
  By way of derogation from paragraph 3, in outermost regions and other duly justified cases Member States may apply a higher rate or a higher amount than that set in in that paragraph to achieve the specific objectives set out in Article 6. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.
     
  By way of derogation from paragraph 3, in outermost regions and other duly justified cases Member States may apply a higher rate or a higher amount than that set in in that paragraph to achieve the specific objectives set out in Article 6.

deleted

deleted

Amendment 510

Amendment 510

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 6 a (new)

Article 72 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  Support under this Article shall not include courses of instruction or training which form part of statutory normal education programmes or systems at secondary or higher levels. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6a.
     
  Support under this Article shall not include courses of instruction or training which form part of statutory normal education programmes or systems at secondary or higher levels.

Amendment 511

Amendment 511

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 6 b (new)

Article 72 — paragraph 6 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6b.
     
  Bodies providing knowledge transfer and information services shall have the appropriate capacities in the form of staff qualifications and training to carry out that task. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6b.
     
  Bodies providing knowledge transfer and information services shall have the appropriate capacities in the form of staff qualifications and training to carry out that task.

Amendment 512

Amendment 512

Proposal for a regulation

Proposal for a regulation

Article 72 a (new)

Article 72 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 72a




  Measures in favour of rural women





  1.
     
  Member States shall adopt specific actions focused on promoting a greater inclusion of women in the rural economy, through interventions in line with the current regulation with the aim of contributing to the objectives referred to in Article 6(1).






  2.
     
  Member States may, in their CAP Strategic Plans, grant support to promote the involvement of women, inter alia, in knowledge transfer and information actions, advisory services, investments in physical assets, farm and rural business start-up and development, installation of digital technologies and co-operation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 72a

Measures in favour of rural women

1.
     
  Member States shall adopt specific actions focused on promoting a greater inclusion of women in the rural economy, through interventions in line with the current regulation with the aim of contributing to the objectives referred to in Article 6(1).

2.
     
  Member States may, in their CAP Strategic Plans, grant support to promote the involvement of women, inter alia, in knowledge transfer and information actions, advisory services, investments in physical assets, farm and rural business start-up and development, installation of digital technologies and co-operation.

Amendment 513

Amendment 513

Proposal for a regulation

Proposal for a regulation

Article 72 b (new)

Article 72 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 72b |
| | Development of Smart Villages Strategy |
| | 1.
     
  In order to promote digitalisation and innovation, facilitate business development, social inclusion and employment in rural areas, Member States shall develop and implement the Smart Villages Strategy in their CAP Strategic Plans, taking into account the types of interventions set out in points (a), (b), (d), (e), (g) and (h) of Article 64 and elements that ensure modernisation and strategies as set out in Article 102. |
| | 2.
     
  Additional to the types of interventions set out in paragraph 1, Member States should take particular care of measures, addressing the following issues in rural areas: |
| | (a) | digitalisation of rural economy; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 72b

Article 72b

Development of Smart Villages Strategy

Development of Smart Villages Strategy

1.
     
  In order to promote digitalisation and innovation, facilitate business development, social inclusion and employment in rural areas, Member States shall develop and implement the Smart Villages Strategy in their CAP Strategic Plans, taking into account the types of interventions set out in points (a), (b), (d), (e), (g) and (h) of Article 64 and elements that ensure modernisation and strategies as set out in Article 102.

2.
     
  Additional to the types of interventions set out in paragraph 1, Member States should take particular care of measures, addressing the following issues in rural areas:

(a)

(a)

digitalisation of rural economy;

digitalisation of rural economy;

| (b) | precision agriculture; |
| --- | --- |

(b)

(b)

precision agriculture;

precision agriculture;

| (c) | development of digital platforms; |
| --- | --- |

(c)

(c)

development of digital platforms;

development of digital platforms;

| (d) | rural mobility; |
| --- | --- |

(d)

(d)

rural mobility;

rural mobility;

| (e) | social innovation; |
| --- | --- |

(e)

(e)

social innovation;

social innovation;

| (f) | development of smart energy systems, grids and storage at local level, as well as supporting the development of energy cooperatives; |
| --- | --- |

(f)

(f)

development of smart energy systems, grids and storage at local level, as well as supporting the development of energy cooperatives;

development of smart energy systems, grids and storage at local level, as well as supporting the development of energy cooperatives;

3.
     
  Member States shall take particular note of coordination between EAFRD and other European Structural and Investment Funds, as set in point (iii) of Article 98(d).

4.
     
  Member States may include their Smart Villages Strategy into the integrated strategies of Community-led local development as set in Article 25(c) of Regulation (EU) 2018/xxxx [new CPR].

Amendment 514

Amendment 514

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 1 — subparagraph 1

Article 73 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Managing Authority of the CAP Strategic Plan or other designated intermediate bodies shall define selection criteria for interventions relating to the following types of interventions: investments, installation of young farmers and rural business start-up, cooperation, knowledge exchange and information, after consultation of the Monitoring Committee referred to in Article 111. Selection criteria shall aim to ensure equal treatment of applicants, better use of financial resources and targeting of the support in accordance with the purpose of the interventions. | The Managing Authority of the CAP Strategic Plan
  , or, where applicable, regional management authorities,
  or other designated intermediate bodies, shall define selection criteria for interventions relating to the following types of interventions: investments, installation of young farmers and
  new farmers,
  rural business start-up, cooperation, knowledge exchange and information
  , specific measures in favour of rural women and installation of digital technologies
  , after consultation of the Monitoring Committee referred to in Article 111. Selection criteria shall aim to ensure equal treatment of applicants, better use of financial resources and targeting of the support in accordance with the purpose of the interventions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Managing Authority of the CAP Strategic Plan or other designated intermediate bodies shall define selection criteria for interventions relating to the following types of interventions: investments, installation of young farmers and rural business start-up, cooperation, knowledge exchange and information, after consultation of the Monitoring Committee referred to in Article 111. Selection criteria shall aim to ensure equal treatment of applicants, better use of financial resources and targeting of the support in accordance with the purpose of the interventions.

The Managing Authority of the CAP Strategic Plan
  , or, where applicable, regional management authorities,
  or other designated intermediate bodies, shall define selection criteria for interventions relating to the following types of interventions: investments, installation of young farmers and
  new farmers,
  rural business start-up, cooperation, knowledge exchange and information
  , specific measures in favour of rural women and installation of digital technologies
  , after consultation of the Monitoring Committee referred to in Article 111. Selection criteria shall aim to ensure equal treatment of applicants, better use of financial resources and targeting of the support in accordance with the purpose of the interventions.

, or, where applicable, regional management authorities,

new farmers,

, specific measures in favour of rural women and installation of digital technologies

Amendment 515

Amendment 515

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 1 — subparagraph 2

Article 73 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States may decide to not apply selection criteria for investment
  interventions clearly targeting environmental purposes or realised
  in connection with restoration activities. | Member States may decide to not apply selection criteria for investment in connection with restoration activities
  following catastrophic events
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States may decide to not apply selection criteria for investment
  interventions clearly targeting environmental purposes or realised
  in connection with restoration activities.

interventions clearly targeting environmental purposes or realised

Member States may decide to not apply selection criteria for investment in connection with restoration activities
  following catastrophic events
  .

following catastrophic events

Amendment 516

Amendment 516

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 4

Article 73 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.
     
  Selection criteria may not be defined for operations that have received a Seal of Excellence certification under Horizon 2020 or Horizon Europe or have been selected under Life +, provided that such operations are consistent with the CAP Strategic Plan. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.
     
  Selection criteria may not be defined for operations that have received a Seal of Excellence certification under Horizon 2020 or Horizon Europe or have been selected under Life +, provided that such operations are consistent with the CAP Strategic Plan.

deleted

deleted

Amendment 1173

Amendment 1173

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 5

Article 73 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Operations shall not be selected for support where they have been physically completed or fully implemented before the application for funding under the CAP Strategic Plan is submitted to the Managing Authority, irrespective of whether all related payments have been made. | 5.   Operations shall not be selected for support where they have been physically completed or fully implemented before the application for funding under the CAP Strategic Plan is submitted to the Managing Authority, irrespective of whether all related payments have been made. |
| | By way of derogation from the first subparagraph, operations relating to early tending of seeding stands and tending of young stands with ecological, protective and recreational objectives may be selected for support where they had been physically completed before the application for funding is submitted to authority. |
| | Such operations shall not be required or shall be deemed to have an incentive effect, if |
| | (i) | the aid scheme establishes a right to aid in accordance with objective criteria and without further exercise of discretion by the Member State; a condition for granting the aid is that the budget available for the aid scheme is not exhausted; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Operations shall not be selected for support where they have been physically completed or fully implemented before the application for funding under the CAP Strategic Plan is submitted to the Managing Authority, irrespective of whether all related payments have been made.

5.   Operations shall not be selected for support where they have been physically completed or fully implemented before the application for funding under the CAP Strategic Plan is submitted to the Managing Authority, irrespective of whether all related payments have been made.

By way of derogation from the first subparagraph, operations relating to early tending of seeding stands and tending of young stands with ecological, protective and recreational objectives may be selected for support where they had been physically completed before the application for funding is submitted to authority.

By way of derogation from the first subparagraph, operations relating to early tending of seeding stands and tending of young stands with ecological, protective and recreational objectives may be selected for support where they had been physically completed before the application for funding is submitted to authority.

Such operations shall not be required or shall be deemed to have an incentive effect, if

Such operations shall not be required or shall be deemed to have an incentive effect, if

(i)

(i)

the aid scheme establishes a right to aid in accordance with objective criteria and without further exercise of discretion by the Member State; a condition for granting the aid is that the budget available for the aid scheme is not exhausted;

the aid scheme establishes a right to aid in accordance with objective criteria and without further exercise of discretion by the Member State; a condition for granting the aid is that the budget available for the aid scheme is not exhausted;

| (ii) | the aid scheme has been adopted and in force before eligible costs are incurred by the beneficiary; |
| --- | --- |

(ii)

(ii)

the aid scheme has been adopted and in force before eligible costs are incurred by the beneficiary;

the aid scheme has been adopted and in force before eligible costs are incurred by the beneficiary;

| (iii) | the aid scheme only covers such sites where new forest has been established according to the national legislation and the establishment has been notified to the competent authority; and |
| --- | --- |

(iii)

(iii)

the aid scheme only covers such sites where new forest has been established according to the national legislation and the establishment has been notified to the competent authority; and

the aid scheme only covers such sites where new forest has been established according to the national legislation and the establishment has been notified to the competent authority; and

| (iv) | the aid scheme only covers such measures that are based on forest management plan or equivalent. |
| --- | --- |

(iv)

(iv)

the aid scheme only covers such measures that are based on forest management plan or equivalent.

the aid scheme only covers such measures that are based on forest management plan or equivalent.

Amendment 517

Amendment 517

Proposal for a regulation

Proposal for a regulation

Article 74 — paragraph 5 — subparagraph 1 a (new)

Article 74 — paragraph 5 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Where farmers are affected by severe climate conditions and/or market crisis, payments under point (a) of this paragraph may be guaranteed against working capital. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where farmers are affected by severe climate conditions and/or market crisis, payments under point (a) of this paragraph may be guaranteed against working capital.

Where farmers are affected by severe climate conditions and/or market crisis, payments under point (a) of this paragraph may be guaranteed against working capital.

Amendment 518

Amendment 518

Proposal for a regulation

Proposal for a regulation

Article 74 — paragraph 5 a (new)

Article 74 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  Where funds under this Article are not used or returned from the Financial Instrument, they should be retained for use in the Rural Development part of the CAP Strategic Plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  Where funds under this Article are not used or returned from the Financial Instrument, they should be retained for use in the Rural Development part of the CAP Strategic Plan.

Amendment 519

Amendment 519

Proposal for a regulation

Proposal for a regulation

Article 75

Article 75

| Text proposed by the Commission | Amendment |
| --- | --- |
| [...] | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

[...]

deleted

deleted

Amendment 520

Amendment 520

Proposal for a regulation

Proposal for a regulation

Article 78 — paragraph 1

Article 78 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing
  this Regulation with requirements additional to those laid down in
  this Chapter
  concerning the conditions for granting support for the following types of interventions for rural development: | The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing
  Annex IXa on the minimum and maximum ceilings for payments under
  this Chapter. |
| (a) | management commitments as referred to in Article 65; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing
  this Regulation with requirements additional to those laid down in
  this Chapter
  concerning the conditions for granting support for the following types of interventions for rural development:

this Regulation with requirements additional to those laid down in

concerning the conditions for granting support for the following types of interventions for rural development:

The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing
  Annex IXa on the minimum and maximum ceilings for payments under
  this Chapter.

Annex IXa on the minimum and maximum ceilings for payments under

(a)

(a)

management commitments as referred to in Article 65;

management commitments as referred to in Article 65;

| (b) | investments as referred to in Article 68; |
| --- | --- |

(b)

(b)

investments as referred to in Article 68;

investments as referred to in Article 68;

| (c) | cooperation as referred to in Article 71. |
| --- | --- |

(c)

(c)

cooperation as referred to in Article 71.

cooperation as referred to in Article 71.

Amendment 521

Amendment 521

Proposal for a regulation

Proposal for a regulation

Article 79 — title

Article 79 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| EAGF and EAFRD
  expenditure | Financial Allocation of the
  EAGF and EAFRD |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

EAGF and EAFRD
  expenditure

expenditure

Financial Allocation of the
  EAGF and EAFRD

Financial Allocation of the

Amendment 522

Amendment 522

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 1 — introductory part

Article 79 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The EAGF shall finance the types of interventions related to: | 1.   
  The financial envelope for the EAGF for the period 2021-2027 shall be EUR 286 143  million in 2018 prices (EUR 322 511  million in current prices). |
| | Within this financial envelope and notwithstanding the provisions of Chapter I of Title II of Regulation (EU) [HzR],
  the EAGF shall finance the types of interventions related to: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The EAGF shall finance the types of interventions related to:

1.   
  The financial envelope for the EAGF for the period 2021-2027 shall be EUR 286 143  million in 2018 prices (EUR 322 511  million in current prices).

Within this financial envelope and notwithstanding the provisions of Chapter I of Title II of Regulation (EU) [HzR],
  the EAGF shall finance the types of interventions related to:

Within this financial envelope and notwithstanding the provisions of Chapter I of Title II of Regulation (EU) [HzR],

Amendment 523

Amendment 523

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 2

Article 79 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The EAFRD shall finance the types of interventions referred to in Chapter IV of Title III. | 2.   
  The financial envelope for the European Agricultural Fund for Rural Development for the period 2021-2027 shall be EUR 96 712  million in 2018 prices (EUR 109 000  million in current prices). |
| | The EAFRD shall finance the types of interventions referred to in Chapter IV of Title III
  , technical assistance at the initiative of the Member States referred to in Article 112 and technical assistance at the initiative of the Commission referred to in Article 83(2)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The EAFRD shall finance the types of interventions referred to in Chapter IV of Title III.

2.   
  The financial envelope for the European Agricultural Fund for Rural Development for the period 2021-2027 shall be EUR 96 712  million in 2018 prices (EUR 109 000  million in current prices).

The EAFRD shall finance the types of interventions referred to in Chapter IV of Title III
  , technical assistance at the initiative of the Member States referred to in Article 112 and technical assistance at the initiative of the Commission referred to in Article 83(2)
  .

, technical assistance at the initiative of the Member States referred to in Article 112 and technical assistance at the initiative of the Commission referred to in Article 83(2)

Amendment 524

Amendment 524

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 1

Article 80 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Expenditure shall be eligible for contribution from the EAGF and the EAFRD
  from 1 January of the year
  following
  the year of
  the approval of the CAP Strategic Plan by the Commission. | 1.   Expenditure shall be eligible for contribution from the EAGF and the EAFRD following the approval of the CAP Strategic Plan by the Commission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Expenditure shall be eligible for contribution from the EAGF and the EAFRD
  from 1 January of the year
  following
  the year of
  the approval of the CAP Strategic Plan by the Commission.

1.   Expenditure shall be eligible for contribution from the EAGF and the EAFRD following the approval of the CAP Strategic Plan by the Commission.

Amendment 525

Amendment 525

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 2 — subparagraph 1

Article 80 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Expenditure that becomes eligible as a result of an amendment to a CAP Strategic Plan shall be eligible for a contribution from the EAFRD from the date of submission to the Commission of the request for amendment. | Expenditure that becomes eligible as a result of an amendment to a CAP Strategic Plan shall be eligible for a contribution from the EAFRD
  and EAGF
  from the date of submission to the Commission of the request for amendment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Expenditure that becomes eligible as a result of an amendment to a CAP Strategic Plan shall be eligible for a contribution from the EAFRD from the date of submission to the Commission of the request for amendment.

Expenditure that becomes eligible as a result of an amendment to a CAP Strategic Plan shall be eligible for a contribution from the EAFRD
  and EAGF
  from the date of submission to the Commission of the request for amendment.

and EAGF

Amendment 526

Amendment 526

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 2 — subparagraph 2

Article 80 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| By way of derogation from Article 73(5) and the first subparagraph, in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events or a significant and sudden change in the socio-economic conditions of the Member State or region, the CAP Strategic Plan may provide that eligibility of EAFRD financed expenditure relating to amendments of the plan may start from the date on which the event occurred. | By way of derogation from Article 73(5) and the first subparagraph, in cases of emergency measures due to natural disasters, catastrophic events
  , including fire, drought and flooding,
  or adverse climatic events
  , epidemics
  or a significant and sudden change in the socio-economic conditions of the Member State or region, the CAP Strategic Plan may provide that eligibility of EAFRD financed expenditure relating to amendments of the plan may start from the date on which the event occurred. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By way of derogation from Article 73(5) and the first subparagraph, in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events or a significant and sudden change in the socio-economic conditions of the Member State or region, the CAP Strategic Plan may provide that eligibility of EAFRD financed expenditure relating to amendments of the plan may start from the date on which the event occurred.

By way of derogation from Article 73(5) and the first subparagraph, in cases of emergency measures due to natural disasters, catastrophic events
  , including fire, drought and flooding,
  or adverse climatic events
  , epidemics
  or a significant and sudden change in the socio-economic conditions of the Member State or region, the CAP Strategic Plan may provide that eligibility of EAFRD financed expenditure relating to amendments of the plan may start from the date on which the event occurred.

, including fire, drought and flooding,

, epidemics

Amendment 527

Amendment 527

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 3

Article 80 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Expenditure shall be eligible for a contribution from the EAFRD if it has been incurred by a beneficiary and paid by 31 December [
  2029
  ]. In addition, expenditure shall only be eligible for a contribution from the EAFRD if the relevant aid is actually paid by the paying agency by 31 December [
  2029
  ]. | 3.   Expenditure shall be eligible for a contribution from the EAFRD if it has been incurred by a beneficiary and paid by 31 December [
  2030
  ]. In addition, expenditure shall only be eligible for a contribution from the EAFRD if the relevant aid is actually paid by the paying agency by 31 December [
  2030
  ]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Expenditure shall be eligible for a contribution from the EAFRD if it has been incurred by a beneficiary and paid by 31 December [
  2029
  ]. In addition, expenditure shall only be eligible for a contribution from the EAFRD if the relevant aid is actually paid by the paying agency by 31 December [
  2029
  ].

3.   Expenditure shall be eligible for a contribution from the EAFRD if it has been incurred by a beneficiary and paid by 31 December [
  2030
  ]. In addition, expenditure shall only be eligible for a contribution from the EAFRD if the relevant aid is actually paid by the paying agency by 31 December [
  2030
  ].

Amendment 528

Amendment 528

Proposal for a regulation

Proposal for a regulation

Article 82 — paragraph 3

Article 82 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Union financial assistance for types of intervention in the hops sector allocated to Germany shall be EUR
  2 188 000
  per year. | 3.   The Union financial assistance for types of intervention in the hops sector allocated to Germany shall be EUR
  X
  per year. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Union financial assistance for types of intervention in the hops sector allocated to Germany shall be EUR
  2 188 000
  per year.

3.   The Union financial assistance for types of intervention in the hops sector allocated to Germany shall be EUR
  X
  per year.

Amendment 529

Amendment 529

Proposal for a regulation

Proposal for a regulation

Article 82 — paragraph 4 — point a

Article 82 — paragraph 4 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | EUR
  10 666 000
  per year for Greece; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

EUR
  10 666 000
  per year for Greece;

10 666 000

| (a) | EUR
  X
  per year for Greece; |
| --- | --- |

(a)

EUR
  X
  per year for Greece;

X

Amendment 530

Amendment 530

Proposal for a regulation

Proposal for a regulation

Article 82 — paragraph 4 — point b

Article 82 — paragraph 4 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | EUR
  554 000
  per year for France; and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

EUR
  554 000
  per year for France; and

554 000

| (b) | EUR
  X
  per year for France; and |
| --- | --- |

(b)

EUR
  X
  per year for France; and

X

Amendment 531

Amendment 531

Proposal for a regulation

Proposal for a regulation

Article 82 — paragraph 4 — point c

Article 82 — paragraph 4 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | EUR
  34 590 000
  per year for Italy. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

EUR
  34 590 000
  per year for Italy.

34 590 000

| (c) | EUR
  X
  per year for Italy. |
| --- | --- |

(c)

EUR
  X
  per year for Italy.

X

Amendment 532

Amendment 532

Proposal for a regulation

Proposal for a regulation

Article 82 — paragraph 7

Article 82 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   Member States may
  , in 2023,
  review their decisions referred to in paragraph 6 as part of a request for amendment of their CAP Strategic Plans, referred to in Article 107. | 7.   
  Two years after the date of application of their Strategic Plans,
  Member States may review their decisions referred to in paragraph 6 as part of a request for amendment of their CAP Strategic Plans, referred to in Article 107. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Member States may
  , in 2023,
  review their decisions referred to in paragraph 6 as part of a request for amendment of their CAP Strategic Plans, referred to in Article 107.

7.   
  Two years after the date of application of their Strategic Plans,
  Member States may review their decisions referred to in paragraph 6 as part of a request for amendment of their CAP Strategic Plans, referred to in Article 107.

Amendment 533

Amendment 533

Proposal for a regulation

Proposal for a regulation

Article 83 — paragraph 1

Article 83 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The total amount of Union support for types of interventions for rural development under this Regulation for the period from 1 January 2021 to 31 December 2027 shall be EUR
  78 811
   million in current prices in accordance with the multiannual financial framework for the years 2021 to 2027 (38). | 1.   The total amount of Union support for types of interventions for rural development under this Regulation for the period from 1 January 2021 to 31 December 2027 shall be EUR
  109 000
   million in current prices in accordance with the multiannual financial framework for the years 2021 to 2027 (38). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The total amount of Union support for types of interventions for rural development under this Regulation for the period from 1 January 2021 to 31 December 2027 shall be EUR
  78 811
   million in current prices in accordance with the multiannual financial framework for the years 2021 to 2027 (38).

1.   The total amount of Union support for types of interventions for rural development under this Regulation for the period from 1 January 2021 to 31 December 2027 shall be EUR
  109 000
   million in current prices in accordance with the multiannual financial framework for the years 2021 to 2027 (38).

Amendment 534

Amendment 534

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 1

Article 85 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The CAP Strategic Plans shall establish a single EAFRD contribution
  rate applicable to all
  interventions. | 1.   The CAP Strategic Plans shall establish a single EAFRD contribution
  to support
  interventions
  in regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The CAP Strategic Plans shall establish a single EAFRD contribution
  rate applicable to all
  interventions.

1.   The CAP Strategic Plans shall establish a single EAFRD contribution
  to support
  interventions
  in regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003
  .

Amendment 535

Amendment 535

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 1 a (new)

Article 85 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Resources from the EAFRD shall be allocated among the following three categories of NUTS level 2regions: |
| | (a) | less developed regions, whose GDP per capita is less than 75 % of the average GDP of the EU-27 (‘less developed regions’); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Resources from the EAFRD shall be allocated among the following three categories of NUTS level 2regions:

(a)

(a)

less developed regions, whose GDP per capita is less than 75 % of the average GDP of the EU-27 (‘less developed regions’);

less developed regions, whose GDP per capita is less than 75 % of the average GDP of the EU-27 (‘less developed regions’);

| (b) | transition regions, whose GDP per capita is between 75 % and 100 % of the average GDP of the EU-27 (‘transition regions’); |
| --- | --- |

(b)

(b)

transition regions, whose GDP per capita is between 75 % and 100 % of the average GDP of the EU-27 (‘transition regions’);

transition regions, whose GDP per capita is between 75 % and 100 % of the average GDP of the EU-27 (‘transition regions’);

| (c) | more developed regions, whose GDP per capita is above 100 % of the average GDP of the EU-27 (‘more developed regions’). |
| --- | --- |

(c)

(c)

more developed regions, whose GDP per capita is above 100 % of the average GDP of the EU-27 (‘more developed regions’).

more developed regions, whose GDP per capita is above 100 % of the average GDP of the EU-27 (‘more developed regions’).

The classification of regions under one of the three categories of regions shall be determined on the basis of how the GDP per capita of each region, measured in purchasing power standards (‘PPS’) and calculated on the basis of Union figures for the period 2014-2016, relates to the average GDP of the EU-27 for the same reference period.

The classification of regions under one of the three categories of regions shall be determined on the basis of how the GDP per capita of each region, measured in purchasing power standards (‘PPS’) and calculated on the basis of Union figures for the period 2014-2016, relates to the average GDP of the EU-27 for the same reference period.

Amendment 536

Amendment 536

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 2 — subparagraph 1 — point a

Article 85 — paragraph 2 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 70 %
  of the eligible public expenditure in the outermost regions and in the smaller Aegean islands within the meaning of Regulation (EU) No 229/2013; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

70 %
  of the eligible public expenditure in the outermost regions and in the smaller Aegean islands within the meaning of Regulation (EU) No 229/2013;

70 %

| (a) | 85 %
  of the eligible public expenditure in the outermost regions and in the smaller Aegean islands within the meaning of Regulation (EU) No 229/2013; |
| --- | --- |

(a)

85 %
  of the eligible public expenditure in the outermost regions and in the smaller Aegean islands within the meaning of Regulation (EU) No 229/2013;

85 %

Amendment 537

Amendment 537

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 2 — subparagraph 1 — point b

Article 85 — paragraph 2 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 70 %
  of the eligible public expenditure in the less developed regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

70 %
  of the eligible public expenditure in the less developed regions;

70 %

| (b) | 85 %
  of the eligible public expenditure in the less developed regions; |
| --- | --- |

(b)

85 %
  of the eligible public expenditure in the less developed regions;

85 %

Amendment 538

Amendment 538

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 2 — subparagraph 1 — point b a (new)

Article 85 — paragraph 2 — subparagraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | 65 % for regions in transition; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

65 % for regions in transition;

65 % for regions in transition;

Amendment 539

Amendment 539

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 2 — subparagraph 1 — point c

Article 85 — paragraph 2 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | 65 %
  of the eligible expenditure for payments under Article 66; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

65 %
  of the eligible expenditure for payments under Article 66;

65 %

| (c) | 75 %
  of the eligible expenditure for payments under Article 66; |
| --- | --- |

(c)

75 %
  of the eligible expenditure for payments under Article 66;

75 %

Amendment 540

Amendment 540

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 2 — subparagraph 1 — point d

Article 85 — paragraph 2 — subparagraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | 43 %
  of the eligible public expenditure in the other regions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

43 %
  of the eligible public expenditure in the other regions.

43 %

| (d) | 53 %
  of the eligible public expenditure in the other regions. |
| --- | --- |

(d)

53 %
  of the eligible public expenditure in the other regions.

53 %

Amendment 541

Amendment 541

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 3 — point a

Article 85 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 80 %
  for management commitments referred to in Article 65 of this Regulation, for payments under Article 67 of this Regulation, for non-productive investments referred to in Article 68 of this Regulation, for support
  for
  the European Innovation Partnership under Article 71 of this Regulation and for the LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR]; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

80 %
  for management commitments referred to in Article 65 of this Regulation, for payments under Article 67 of this Regulation, for non-productive investments referred to in Article 68 of this Regulation, for support
  for
  the European Innovation Partnership under Article 71 of this Regulation and for the LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR];

80 %

for

| (a) | 90 %
  for management commitments referred to in Article 65 of this Regulation, for payments under Article 67 of this Regulation, for non-productive investments referred to in Article 68 of this Regulation,
  which are linked to afforestation and the specific environmental and climate objectives referred to in points (d), (e) and (f) of Article 6(1) for operations covered in point (a) of Article 69(2),
  for support
  to
  the European Innovation Partnership under Article 71 of this Regulation and for the LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR]
  , operations under Article 72, for operations that are supported through financial instruments, for the measures under Article 72a (new) and for depopulated areas. |
| --- | --- |

(a)

90 %
  for management commitments referred to in Article 65 of this Regulation, for payments under Article 67 of this Regulation, for non-productive investments referred to in Article 68 of this Regulation,
  which are linked to afforestation and the specific environmental and climate objectives referred to in points (d), (e) and (f) of Article 6(1) for operations covered in point (a) of Article 69(2),
  for support
  to
  the European Innovation Partnership under Article 71 of this Regulation and for the LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR]
  , operations under Article 72, for operations that are supported through financial instruments, for the measures under Article 72a (new) and for depopulated areas.

90 %

which are linked to afforestation and the specific environmental and climate objectives referred to in points (d), (e) and (f) of Article 6(1) for operations covered in point (a) of Article 69(2),

to

, operations under Article 72, for operations that are supported through financial instruments, for the measures under Article 72a (new) and for depopulated areas.

Amendment 542

Amendment 542

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 3 — point b

Article 85 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 100 % for operations receiving funding from funds transferred to the EAFRD in accordance with
  Articles 15 and
  90 of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

100 % for operations receiving funding from funds transferred to the EAFRD in accordance with
  Articles 15 and
  90 of this Regulation.

Articles 15 and

| (b) | 100 % for operations receiving funding from funds transferred to the EAFRD in accordance with
  Article
  90 of this Regulation
  , when those operations address specific environmental and climate related objectives referred to in points (d), (e) and (f) of Article 6(1)
  . |
| --- | --- |

(b)

100 % for operations receiving funding from funds transferred to the EAFRD in accordance with
  Article
  90 of this Regulation
  , when those operations address specific environmental and climate related objectives referred to in points (d), (e) and (f) of Article 6(1)
  .

Article

, when those operations address specific environmental and climate related objectives referred to in points (d), (e) and (f) of Article 6(1)

Amendment 1134

Amendment 1134

Proposal for a regulation

Proposal for a regulation

Article 86

Article 86

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 86 | Article 86 |
| Minimum and maximum financial allocations | Minimum and maximum financial allocations |
| 1.   At least 5 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR]. | 1.   At least 5 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR]. |
| 2.   At least
  30 %
  of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for interventions addressing the specific environmental- and climate-related objectives set out in points (d), (e)
  and (f)
  of Article 6(1) of this Regulation
  , excluding interventions based on
  Article 66. | 2.   At least
  35 %
  of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for interventions
  of all types
  addressing the specific environmental- and climate-related objectives set out in points (d), (e)
  , (f) and (i)
  of Article 6(1) of this Regulation. |
| | A maximum of 40 % of payments granted in accordance with
  Article 66
  may be taken into account for the purposes of calculating the total EAFRD contribution referred to in the first subparagraph
  . |
| The first subparagraph does not apply to the outermost regions. | The first subparagraph does not apply to the outermost regions. |
| | 2a.
     
  At least 30 % of the total EAFRD contribution to the CAP strategic plan as set out in Annex IX shall be reserved for interventions under Articles 68, 70, 71 and 72 for specific objectives aimed at fostering the development of an intelligent, resilient and diversified agricultural sector as defined in points (a), (b) and (c) of Article 6(1) of this Regulation. |
| 3.   A maximum 4 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX may be used to finance the actions of technical assistance at the initiative of the Member States referred to in Article 112. | 3.   A maximum 4 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX may be used to finance the actions of technical assistance at the initiative of the Member States referred to in Article 112. |
| The EAFRD contribution may be increased to 6 % for CAP Strategic plans where the total amount of Union support for rural development is up to EUR 90 million. | The EAFRD contribution may be increased to 6 % for CAP Strategic plans where the total amount of Union support for rural development is up to EUR 90 million. |
| Technical assistance shall be reimbursed as a flat-rate financing following Article 125(1)(e) of Regulation (EU/Euratom .../...[new Financial Regulation] in the framework of interim payments pursuant to Article 30 of Regulation (EU) [HZR]. This flat-rate shall represent the percentage set in the CAP Strategic Plan for technical assistance of the total expenditure declared. | Technical assistance shall be reimbursed as a flat-rate financing following Article 125(1)(e) of Regulation (EU/Euratom .../...[new Financial Regulation] in the framework of interim payments pursuant to Article 30 of Regulation (EU) [HZR]. This flat-rate shall represent the percentage set in the CAP Strategic Plan for technical assistance of the total expenditure declared. |
| 4.   
  For each
  Member
  State the minimum amount
  set out in Annex X
  shall be reserved for contributing to the specific objective ‘attract
  young farmers
  and facilitate business development’ set out in point (g) of
  Article
  6(1). On the basis of the analysis of the situation in terms of strengths, weaknesses, opportunities and threats (‘the SWOT analysis’) and the identification of the needs that are to be addressed, the amount shall be used for the following types of interventions: | 4.   Member
  States shall reserve at least the amounts
  set out in Annex X
  for the complementary income support for
  young farmers
  as laid down in
  Article
  27. |
| (a) | the Complementary Income Support for Young Farmer as laid down in Article 27; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 86

Article 86

Minimum and maximum financial allocations

Minimum and maximum financial allocations

1.   At least 5 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR].

1.   At least 5 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR].

2.   At least
  30 %
  of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for interventions addressing the specific environmental- and climate-related objectives set out in points (d), (e)
  and (f)
  of Article 6(1) of this Regulation
  , excluding interventions based on
  Article 66.

2.   At least
  35 %
  of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for interventions
  of all types
  addressing the specific environmental- and climate-related objectives set out in points (d), (e)
  , (f) and (i)
  of Article 6(1) of this Regulation.

A maximum of 40 % of payments granted in accordance with
  Article 66
  may be taken into account for the purposes of calculating the total EAFRD contribution referred to in the first subparagraph
  .

A maximum of 40 % of payments granted in accordance with

may be taken into account for the purposes of calculating the total EAFRD contribution referred to in the first subparagraph

The first subparagraph does not apply to the outermost regions.

The first subparagraph does not apply to the outermost regions.

2a.
     
  At least 30 % of the total EAFRD contribution to the CAP strategic plan as set out in Annex IX shall be reserved for interventions under Articles 68, 70, 71 and 72 for specific objectives aimed at fostering the development of an intelligent, resilient and diversified agricultural sector as defined in points (a), (b) and (c) of Article 6(1) of this Regulation.

3.   A maximum 4 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX may be used to finance the actions of technical assistance at the initiative of the Member States referred to in Article 112.

3.   A maximum 4 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX may be used to finance the actions of technical assistance at the initiative of the Member States referred to in Article 112.

The EAFRD contribution may be increased to 6 % for CAP Strategic plans where the total amount of Union support for rural development is up to EUR 90 million.

The EAFRD contribution may be increased to 6 % for CAP Strategic plans where the total amount of Union support for rural development is up to EUR 90 million.

Technical assistance shall be reimbursed as a flat-rate financing following Article 125(1)(e) of Regulation (EU/Euratom .../...[new Financial Regulation] in the framework of interim payments pursuant to Article 30 of Regulation (EU) [HZR]. This flat-rate shall represent the percentage set in the CAP Strategic Plan for technical assistance of the total expenditure declared.

Technical assistance shall be reimbursed as a flat-rate financing following Article 125(1)(e) of Regulation (EU/Euratom .../...[new Financial Regulation] in the framework of interim payments pursuant to Article 30 of Regulation (EU) [HZR]. This flat-rate shall represent the percentage set in the CAP Strategic Plan for technical assistance of the total expenditure declared.

4.   
  For each
  Member
  State the minimum amount
  set out in Annex X
  shall be reserved for contributing to the specific objective ‘attract
  young farmers
  and facilitate business development’ set out in point (g) of
  Article
  6(1). On the basis of the analysis of the situation in terms of strengths, weaknesses, opportunities and threats (‘the SWOT analysis’) and the identification of the needs that are to be addressed, the amount shall be used for the following types of interventions:

4.   Member
  States shall reserve at least the amounts
  set out in Annex X
  for the complementary income support for
  young farmers
  as laid down in
  Article
  27.

(a)

(a)

the Complementary Income Support for Young Farmer as laid down in Article 27;

the Complementary Income Support for Young Farmer as laid down in Article 27;

| (b) | the installation of young farmers referred to in Article 69. |
| --- | --- |

(b)

(b)

the installation of young farmers referred to in Article 69.

the installation of young farmers referred to in Article 69.

4a.
     
  Member States shall reserve at least 60 % of the amounts laid down in Annex VII for:

| (a) | basic income support for sustainability as referred to in subsections 2 of Chapter II of Title III; |
| --- | --- |

(a)

(a)

basic income support for sustainability as referred to in subsections 2 of Chapter II of Title III;

basic income support for sustainability as referred to in subsections 2 of Chapter II of Title III;

| (b) | redistributive payment as referred to in subsections 3 of Section 2 of Chapter II of Title III; |
| --- | --- |

(b)

(b)

redistributive payment as referred to in subsections 3 of Section 2 of Chapter II of Title III;

redistributive payment as referred to in subsections 3 of Section 2 of Chapter II of Title III;

| (c) | coupled income support interventions as referred to in Subsection 1 of Section 2 of Chapter II of Title III; |
| --- | --- |

(c)

(c)

coupled income support interventions as referred to in Subsection 1 of Section 2 of Chapter II of Title III;

coupled income support interventions as referred to in Subsection 1 of Section 2 of Chapter II of Title III;

| (d) | types of intervention in other sectors as referred to in Section 7 of Chapter III of Title III. |
| --- | --- |

(d)

(d)

types of intervention in other sectors as referred to in Section 7 of Chapter III of Title III.

types of intervention in other sectors as referred to in Section 7 of Chapter III of Title III.

By derogation where a Member State makes use of the option provided for in point (a) of the first subparagraph of Article 90(1) from the amount reserved under the first paragraph it may reduce the minimum amount which it has fixed under the first subparagraph by the increased amount.

By derogation where a Member State makes use of the option provided for in point (a) of the first subparagraph of Article 90(1) from the amount reserved under the first paragraph it may reduce the minimum amount which it has fixed under the first subparagraph by the increased amount.

4b.
     
  At least 6 % of the amounts set out in Annex VII shall be reserved to support the redistributive payment referred to in Article 26.

4c.
     
  At least 30 % of the total allocations set out in Annex VII for the period 2023 to 2027 shall be reserved for schemes for the climate, environment and animal welfare referred to in Article 28.

Member States may reserve different amounts for each calendar year, below or above the percentage fixed by the Member State under the first sentence, provided that the sum of all the yearly amounts corresponds to that percentage.

Member States may reserve different amounts for each calendar year, below or above the percentage fixed by the Member State under the first sentence, provided that the sum of all the yearly amounts corresponds to that percentage.

By derogation where a Member State makes use of the option provided for in point (a) of the first subparagraph of Article 90(1) from the amount reserved under article 28 it may reduce the minimum amount which it has fixed under the first subparagraph by the increased amount.

By derogation where a Member State makes use of the option provided for in point (a) of the first subparagraph of Article 90(1) from the amount reserved under article 28 it may reduce the minimum amount which it has fixed under the first subparagraph by the increased amount.

5.   The indicative financial allocations for the coupled income support interventions referred to in Subsection 1 of Section 2 of Chapter II of Title III, shall be limited to a maximum of 10 % of the amounts set out in Annex VII.

5.   The indicative financial allocations for the coupled income support interventions referred to in Subsection 1 of Section 2 of Chapter II of Title III, shall be limited to a maximum of 10 % of the amounts set out in Annex VII.
  Member States may transfer a part of it to increase the maximum allocation set up in Article 82(6) if that allocation is insufficient to finance the interventions covered under Section 7 of Chapter III of Title III.

By way of derogation from the first sub-paragraph, Member States that in accordance with Article 53(4) of Regulation (EU) No 1307/2013 used for the purpose of voluntary coupled support more than 13 % of their annual national ceiling set out in Annex II to that Regulation, may decide to use for the purpose of coupled income support more than 10 % of the amount set out in Annex VII. The resulting percentage shall not exceed the percentage approved by the Commission for voluntary coupled support in respect of claim year 2018.

By way of derogation from the first sub-paragraph, Member States that in accordance with Article 53(4) of Regulation (EU) No 1307/2013 used for the purpose of voluntary coupled support more than 13 % of their annual national ceiling set out in Annex II to that Regulation, may decide to use for the purpose of coupled income support more than 10 % of the amount set out in Annex VII. The resulting percentage shall not exceed the percentage approved by the Commission for voluntary coupled support in respect of claim year 2018.

The percentage referred to in the first subparagraph, may be increased by a maximum of 2 %, provided that the amount corresponding to the percentage exceeding the 10 % is allocated to the support for protein crops under Subsection 1 of Section 2 of Chapter II of Title III.

The percentage referred to in the first subparagraph, may be increased by a maximum of 2 %, provided that the amount corresponding to the percentage exceeding the 10 % is allocated to the support for protein crops under Subsection 1 of Section 2 of Chapter II of Title III.

The amount included in the approved CAP Strategic Plan resulting from the application of the first and second subparagraphs shall be binding.

The amount included in the approved CAP Strategic Plan resulting from the application of the first and second subparagraphs shall be binding.

6.   Without prejudice to Article 15 of Regulation (EU) [HzR], the maximum amount which may be granted in a Member State before the application of Article 15 of this Regulation pursuant to Subsection 1 of Section 2 of Chapter II of Title III of this Regulation in respect of a calendar year shall not exceed the amounts fixed in the CAP Strategic Plan in accordance with paragraph
  6
  .

6.   Without prejudice to Article 15 of Regulation (EU) [HzR], the maximum amount which may be granted in a Member State before the application of Article 15 of this Regulation pursuant to Subsection 1 of Section 2 of Chapter II of Title III of this Regulation in respect of a calendar year shall not exceed the amounts fixed in the CAP Strategic Plan in accordance with paragraph
  5
  .

7.   Member States may decide in their CAP Strategic Plan to use a certain share of the EAFRD allocation to leverage support and upscale integrated Strategic Nature Projects as defined under the [LIFE Regulation] and to finance actions in respect of transnational learning mobility of people in the field agricultural and rural development with a focus on young farmers, in accordance with the [Erasmus Regulation].

7.   Member States may decide in their CAP Strategic Plan to use a certain share of the EAFRD allocation to leverage support and upscale integrated Strategic Nature Projects as defined under the [LIFE Regulation]
  when farmers' communities are involved
  and to finance actions in respect of transnational learning mobility of people in the field agricultural and rural development with a focus on young farmers, in accordance with the [Erasmus Regulation]
  and on rural women
  .

Amendment 1135

Amendment 1135

Proposal for a regulation

Proposal for a regulation

Article 87

Article 87

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 87 | Article 87 |
| Tracking climate expenditure | Tracking climate expenditure |
| 1.   On the basis of the information provided by Member States the Commission shall evaluate the contribution of the policy to the climate change objectives using
  a simple and
  common methodology. | 1.   On the basis of the information provided by Member States the Commission shall evaluate the contribution of the policy to the climate change objectives using
  an internationally recognised
  common methodology. |
| 2.
     
  The contribution to the expenditure target shall be estimated through the application of specific weightings differentiated on the basis whether the support makes a significant or a moderate contribution towards climate change objectives. These weighting shall be as follows: | |
| (a) | 40 % for the expenditure under the Basic Income Support for Sustainability and the Complementary Income Support referred to in Title III, Chapter II, section II, subsections 2 and 3; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 87

Article 87

Tracking climate expenditure

Tracking climate expenditure

1.   On the basis of the information provided by Member States the Commission shall evaluate the contribution of the policy to the climate change objectives using
  a simple and
  common methodology.

1.   On the basis of the information provided by Member States the Commission shall evaluate the contribution of the policy to the climate change objectives using
  an internationally recognised
  common methodology.

2.
     
  The contribution to the expenditure target shall be estimated through the application of specific weightings differentiated on the basis whether the support makes a significant or a moderate contribution towards climate change objectives. These weighting shall be as follows:

(a)

(a)

40 % for the expenditure under the Basic Income Support for Sustainability and the Complementary Income Support referred to in Title III, Chapter II, section II, subsections 2 and 3;

40 % for the expenditure under the Basic Income Support for Sustainability and the Complementary Income Support referred to in Title III, Chapter II, section II, subsections 2 and 3;

| (b) | 100 % for expenditure under the schemes for the climate and the environment referred to in Title III, Chapter II, section II, subsection 4; |
| --- | --- |

(b)

(b)

100 % for expenditure under the schemes for the climate and the environment referred to in Title III, Chapter II, section II, subsection 4;

100 % for expenditure under the schemes for the climate and the environment referred to in Title III, Chapter II, section II, subsection 4;

| (c) | 100 % for expenditure for the interventions referred to in the first subparagraph of Article 86(2); |
| --- | --- |

(c)

(c)

100 % for expenditure for the interventions referred to in the first subparagraph of Article 86(2);

100 % for expenditure for the interventions referred to in the first subparagraph of Article 86(2);

| (d) | 40 % for expenditure for natural or other area-specific constraints referred to in Article 66. |
| --- | --- |

(d)

(d)

40 % for expenditure for natural or other area-specific constraints referred to in Article 66.

40 % for expenditure for natural or other area-specific constraints referred to in Article 66.

2a.
     
  The Commission shall develop a science-based and internationally recognised common methodology for more precise tracking of expenditure on climate and environmental objectives, including biodiversity, and evaluate the estimated contribution of different intervention types, as part of the Mid-term Review referred to in Article 139a.

Amendment 1175

Amendment 1175

Proposal for a regulation

Proposal for a regulation

Article 88 — paragraph 1 a (new)

Article 88 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The planned unit amounts referred to in paragraph 1 shall be uniform or average, as determined by Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  The planned unit amounts referred to in paragraph 1 shall be uniform or average, as determined by Member States.

Amendment 554

Amendment 554

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 1 — subparagraph 2

Article 89 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Percentage of variation is the percentage by which the realised average or uniform unit amount may exceed the planned average or uniform unit amount referred to in the CAP Strategic Plan. | Percentage of variation is the percentage by which the realised average or uniform
  indicative
  unit amount may exceed the planned average or uniform
  indicative
  unit amount referred to in the CAP Strategic Plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Percentage of variation is the percentage by which the realised average or uniform unit amount may exceed the planned average or uniform unit amount referred to in the CAP Strategic Plan.

Percentage of variation is the percentage by which the realised average or uniform
  indicative
  unit amount may exceed the planned average or uniform
  indicative
  unit amount referred to in the CAP Strategic Plan.

indicative

indicative

Amendment 555

Amendment 555

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 1 — subparagraph 3

Article 89 — paragraph 1 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| For each intervention in the form of direct payments, the realised average or uniform unit amount shall never be lower than the planned unit amount, unless the realised output exceeds the planned output as established in the CAP Strategic Plan. | For each intervention in the form of direct payments, the realised average or uniform
  indicative
  unit amount shall never be lower than the planned unit
  indicative
  amount, unless the realised output exceeds the planned output as established in the CAP Strategic Plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For each intervention in the form of direct payments, the realised average or uniform unit amount shall never be lower than the planned unit amount, unless the realised output exceeds the planned output as established in the CAP Strategic Plan.

For each intervention in the form of direct payments, the realised average or uniform
  indicative
  unit amount shall never be lower than the planned unit
  indicative
  amount, unless the realised output exceeds the planned output as established in the CAP Strategic Plan.

indicative

indicative

Amendment 556

Amendment 556

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 1 — subparagraph 4

Article 89 — paragraph 1 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where different unit amounts have been defined within an intervention, this subparagraph shall apply to each uniform or average unit amount of that intervention. | Where different
  indicative
  unit amounts have been defined within an intervention, this subparagraph shall apply to each uniform or average
  indicative
  unit amount of that intervention. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where different unit amounts have been defined within an intervention, this subparagraph shall apply to each uniform or average unit amount of that intervention.

Where different
  indicative
  unit amounts have been defined within an intervention, this subparagraph shall apply to each uniform or average
  indicative
  unit amount of that intervention.

indicative

indicative

Amendment 557

Amendment 557

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 2 a (new)

Article 89 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Member States may reallocate amounts within types of interventions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Member States may reallocate amounts within types of interventions.

Amendment 1136

Amendment 1136

Proposal for a regulation

Proposal for a regulation

Article 90

Article 90

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 90 | Article 90 |
| Flexibility between direct payments allocations and EAFRD allocations | Flexibility between direct payments allocations and EAFRD allocations |
| 1.   As part of their CAP Strategic Plan proposal referred to in Article 106(1), Member States may decide to transfer: | 1.   As part of their CAP Strategic Plan proposal referred to in Article 106(1), Member States may decide to transfer: |
| (a) | up to
  15 %
  of the Member State's
  allocation
  for direct payments set out in Annex IV after deduction of the allocations for cotton set in Annex VI for calendar years
  2021
  to 2026 to the Member State's allocation for EAFRD in financial years
  2022 — 2027
  ; or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 90

Article 90

Flexibility between direct payments allocations and EAFRD allocations

Flexibility between direct payments allocations and EAFRD allocations

1.   As part of their CAP Strategic Plan proposal referred to in Article 106(1), Member States may decide to transfer:

1.   As part of their CAP Strategic Plan proposal referred to in Article 106(1), Member States may decide to transfer:

(a)

up to
  15 %
  of the Member State's
  allocation
  for direct payments set out in Annex IV after deduction of the allocations for cotton set in Annex VI for calendar years
  2021
  to 2026 to the Member State's allocation for EAFRD in financial years
  2022 — 2027
  ; or

15 %

allocation

2021

2022 — 2027

| (a) | up to
  12 %
  of the Member State's
  total allocations
  for direct payments set out in Annex IV after deduction of the allocations for cotton set in Annex VI for calendar years
  2023
  to 2026
  and transferred
  to the Member State's allocation for EAFRD in financial years
  2024 — 2027, provided that Member States use the corresponding increase for agri-environmental interventions referred to in Article 65 whose beneficiaries are farmers
  ; or |
| --- | --- |

(a)

up to
  12 %
  of the Member State's
  total allocations
  for direct payments set out in Annex IV after deduction of the allocations for cotton set in Annex VI for calendar years
  2023
  to 2026
  and transferred
  to the Member State's allocation for EAFRD in financial years
  2024 — 2027, provided that Member States use the corresponding increase for agri-environmental interventions referred to in Article 65 whose beneficiaries are farmers
  ; or

12 %

total allocations

2023

and transferred

2024 — 2027, provided that Member States use the corresponding increase for agri-environmental interventions referred to in Article 65 whose beneficiaries are farmers

| (b) | up to
  15 %
  of the Member State's allocation for EAFRD in financial years
  2022
   — 2027 to the Member State's allocation for direct payments set out in Annex IV for calendar years
  2021
  to 2026. |
| --- | --- |

(b)

up to
  15 %
  of the Member State's allocation for EAFRD in financial years
  2022
   — 2027 to the Member State's allocation for direct payments set out in Annex IV for calendar years
  2021
  to 2026.

15 %

2022

2021

| (b) | up to
  5 %
  of the Member State's allocation for EAFRD in financial years
  2024
   — 2027 to the Member State's allocation for direct payments set out in Annex IV for calendar years
  2023
  to 2026
  , provided that the corresponding increase is allocated to operations covered by Article 28
  . |
| --- | --- |

(b)

up to
  5 %
  of the Member State's allocation for EAFRD in financial years
  2024
   — 2027 to the Member State's allocation for direct payments set out in Annex IV for calendar years
  2023
  to 2026
  , provided that the corresponding increase is allocated to operations covered by Article 28
  .

5 %

2024

2023

, provided that the corresponding increase is allocated to operations covered by Article 28

The percentage of
  transfer
  from Member State's
  allocation for direct payments
  to its allocation for EAFRD
  referred to in
  the first subparagraph may be increased by:

The percentage of

from Member State's

to its allocation for EAFRD

the first subparagraph may be increased by:

By way of derogation from point (b) of the first subparagraph, Member States whose national average amount per hectare is below the Union average, may
  transfer
  up to 12 % of the EAFRD allocations to their
  allocation for direct payments
  . The transfer shall however not be higher than the amount necessary to bring their national average amount per hectare in line with the Union average. It shall be entirely allocated to the interventions
  referred to in
  Article 28.

By way of derogation from point (b) of the first subparagraph, Member States whose national average amount per hectare is below the Union average, may

up to 12 % of the EAFRD allocations to their

. The transfer shall however not be higher than the amount necessary to bring their national average amount per hectare in line with the Union average. It shall be entirely allocated to the interventions

Article 28.

| (a) | up to 15 percentage points provided that Member States use the corresponding increase for EAFRD financed interventions addressing the specific environmental- and climate-related objectives referred to in points (d), (e) and (f) of Article 6(1); |
| --- | --- |

(a)

(a)

up to 15 percentage points provided that Member States use the corresponding increase for EAFRD financed interventions addressing the specific environmental- and climate-related objectives referred to in points (d), (e) and (f) of Article 6(1);

up to 15 percentage points provided that Member States use the corresponding increase for EAFRD financed interventions addressing the specific environmental- and climate-related objectives referred to in points (d), (e) and (f) of Article 6(1);

| (b) | up to 2 percentage points provided that the Member States use the corresponding increase in accordance with point (b) of Article 86(5). |
| --- | --- |

(b)

(b)

up to 2 percentage points provided that the Member States use the corresponding increase in accordance with point (b) of Article 86(5).

up to 2 percentage points provided that the Member States use the corresponding increase in accordance with point (b) of Article 86(5).

The allocations for direct payments transferred according to paragraph 1(a) of this Article may be deducted from the share of the contribution under either Article 86(4a) or (4c) or a combination of both.

The allocations for direct payments transferred according to paragraph 1(a) of this Article may be deducted from the share of the contribution under either Article 86(4a) or (4c) or a combination of both.

2.   The decisions referred to in the paragraph 1 shall set out the percentage referred to in paragraph 1, which may vary by calendar year.

2.   The decisions referred to in the paragraph 1 shall set out the percentage referred to in paragraph 1, which may vary by calendar year.

3.   Member States may, in
  2023
  , review their decisions referred to in paragraph 1 as part of a request for amendment of their CAP Strategic Plans, referred to in Article 107.

3.   Member States may, in
  2024
  , review their decisions referred to in paragraph 1 as part of a request for amendment of their CAP Strategic Plans, referred to in Article 107.

Member States shall communicate their decisions referred to in paragraph 1 along with their decision on the application of Articles 15 and 26 to the Commission by 31 December 2021.

Member States shall communicate their decisions referred to in paragraph 1 along with their decision on the application of Articles 15 and 26 to the Commission by 31 December 2021.

Amendment 562

Amendment 562

Proposal for a regulation

Proposal for a regulation

Article 91 — paragraph 1

Article 91 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall establish CAP Strategic Plans in accordance with this Regulation to implement the Union support financed by the EAGF and the EAFRD for the achievement of the specific objectives set out to in Article
  6
  . | Member States
  and, where appropriate, in collaboration with regions,
  shall establish CAP Strategic Plans in accordance with this Regulation to implement the Union support financed by the EAGF and the EAFRD for the achievement of the specific objectives set out to in Article
  6(1)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall establish CAP Strategic Plans in accordance with this Regulation to implement the Union support financed by the EAGF and the EAFRD for the achievement of the specific objectives set out to in Article
  6
  .

6

Member States
  and, where appropriate, in collaboration with regions,
  shall establish CAP Strategic Plans in accordance with this Regulation to implement the Union support financed by the EAGF and the EAFRD for the achievement of the specific objectives set out to in Article
  6(1)
  .

and, where appropriate, in collaboration with regions,

6(1)

Amendment 563

Amendment 563

Proposal for a regulation

Proposal for a regulation

Article 91 — paragraph 2

Article 91 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Based on the SWOT analysis referred to in Article 103(2) and an assessment of needs referred to in Article 96, Member State shall establish in the CAP Strategic Plans an intervention strategy as referred to in Article 97 in which quantitative targets and milestones shall be set to achieve the specific objectives set out to in Article 6. The targets shall be defined using a common set of result indicators set out in Annex I. | Based on the SWOT analysis referred to in Article 103(2) and an assessment of needs referred to in Article 96, Member State
  and, where appropriate, in collaboration with regions,
  shall establish in the CAP Strategic Plans an intervention strategy as referred to in Article 97 in which quantitative targets and milestones shall be set to achieve the specific objectives set out to in Article 6. The targets shall be defined using a common set of result indicators set out in Annex I. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Based on the SWOT analysis referred to in Article 103(2) and an assessment of needs referred to in Article 96, Member State shall establish in the CAP Strategic Plans an intervention strategy as referred to in Article 97 in which quantitative targets and milestones shall be set to achieve the specific objectives set out to in Article 6. The targets shall be defined using a common set of result indicators set out in Annex I.

Based on the SWOT analysis referred to in Article 103(2) and an assessment of needs referred to in Article 96, Member State
  and, where appropriate, in collaboration with regions,
  shall establish in the CAP Strategic Plans an intervention strategy as referred to in Article 97 in which quantitative targets and milestones shall be set to achieve the specific objectives set out to in Article 6. The targets shall be defined using a common set of result indicators set out in Annex I.

and, where appropriate, in collaboration with regions,

Amendment 564

Amendment 564

Proposal for a regulation

Proposal for a regulation

Article 91 — paragraph 4

Article 91 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| Each CAP Strategic Plan shall cover the period from 1 January
  2021
  to 31 December 2027. | Each CAP Strategic Plan shall cover the period from 1 January
  2022
  to 31 December 2027. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Each CAP Strategic Plan shall cover the period from 1 January
  2021
  to 31 December 2027.

2021

Each CAP Strategic Plan shall cover the period from 1 January
  2022
  to 31 December 2027.

2022

Amendment 565

Amendment 565

Proposal for a regulation

Proposal for a regulation

Article 91 — paragraph 4 a (new)

Article 91 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The approval of the CAP Strategic Plans and its implementation by Member States shall not cause any delays in the aid application period for beneficiaries nor in the timely payment to beneficiaries of the aid. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The approval of the CAP Strategic Plans and its implementation by Member States shall not cause any delays in the aid application period for beneficiaries nor in the timely payment to beneficiaries of the aid.

The approval of the CAP Strategic Plans and its implementation by Member States shall not cause any delays in the aid application period for beneficiaries nor in the timely payment to beneficiaries of the aid.

Amendment 832cp1

Amendment 832cp1

Proposal for a regulation

Proposal for a regulation

Article 92 — title

Article 92 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Increased ambition with regard to environmental-
  and climate-related
  objectives | Increased ambition with regard to environmental-
  , climate and animal welfare-related
  objectives |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Increased ambition with regard to environmental-
  and climate-related
  objectives

and climate-related

Increased ambition with regard to environmental-
  , climate and animal welfare-related
  objectives

, climate and animal welfare-related

Amendment 567

Amendment 567

Proposal for a regulation

Proposal for a regulation

Article 92 — paragraph 1

Article 92 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall aim to make, through their CAP Strategic Plans and in particular through the elements of the intervention strategy referred to in point (a) of Article 97(2), a greater overall
  contribution
  to the achievement of the specific
  environmental
  - and climate-related objectives set out in points (d), (e) and (f) of Article 6(1) in comparison to the overall
  contribution made
  to the achievement of the objective laid down in point (b) of the first subparagraph of Article 110(2) of Regulation (EU) No 1306/2013 through support under the EAGF and the EAFRD in the period 2014 to 2020. | 1.   Member States shall aim to make, through their CAP Strategic Plans and in particular through the elements of the intervention strategy referred to in point (a) of Article 97(2), a greater overall
  share of the budget allocated
  to the achievement of the specific
  objectives related to agri-environment
  and climate set out in points (d), (e) and (f) of Article 6(1) in comparison to the overall
  share of the budget allocated
  to the achievement of the objective laid down in point (b) of the first subparagraph of Article 110(2) of Regulation (EU) No 1306/2013 through support under the EAGF and the EAFRD in the period 2014 to 2020. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall aim to make, through their CAP Strategic Plans and in particular through the elements of the intervention strategy referred to in point (a) of Article 97(2), a greater overall
  contribution
  to the achievement of the specific
  environmental
  - and climate-related objectives set out in points (d), (e) and (f) of Article 6(1) in comparison to the overall
  contribution made
  to the achievement of the objective laid down in point (b) of the first subparagraph of Article 110(2) of Regulation (EU) No 1306/2013 through support under the EAGF and the EAFRD in the period 2014 to 2020.

1.   Member States shall aim to make, through their CAP Strategic Plans and in particular through the elements of the intervention strategy referred to in point (a) of Article 97(2), a greater overall
  share of the budget allocated
  to the achievement of the specific
  objectives related to agri-environment
  and climate set out in points (d), (e) and (f) of Article 6(1) in comparison to the overall
  share of the budget allocated
  to the achievement of the objective laid down in point (b) of the first subparagraph of Article 110(2) of Regulation (EU) No 1306/2013 through support under the EAGF and the EAFRD in the period 2014 to 2020.

Amendment 832cp4

Amendment 832cp4

Proposal for a regulation

Proposal for a regulation

Article 92 — paragraph 2

Article 92 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States shall explain in their CAP Strategic Plans, on the basis of
  available
  information, how they intend to achieve the greater overall contribution set out to in paragraph 1. That explanation shall be based on relevant information such as the elements referred to in points (a) to (f) of Article 95(1) and in
  point
  (b) of Article 95(2). | 2.   Member States shall explain in their CAP Strategic Plans, on the basis of
  the most recent and reliable
  information,
  the impact on the environment and the climate they aim to achieve in the period 2021-2027, and
  how they intend to achieve the greater overall contribution set out to in paragraph 1
  , including how they intend to ensure that the objectives set out on the basis of the impact indicators set out in Annex I will constitute an improvement to the current situation
  . That explanation shall be based on relevant information such as the elements referred to in points (a) to (f) of Article 95(1) and in
  points (a) and
  (b) of Article 95(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Member States shall explain in their CAP Strategic Plans, on the basis of
  available
  information, how they intend to achieve the greater overall contribution set out to in paragraph 1. That explanation shall be based on relevant information such as the elements referred to in points (a) to (f) of Article 95(1) and in
  point
  (b) of Article 95(2).

2.   Member States shall explain in their CAP Strategic Plans, on the basis of
  the most recent and reliable
  information,
  the impact on the environment and the climate they aim to achieve in the period 2021-2027, and
  how they intend to achieve the greater overall contribution set out to in paragraph 1
  , including how they intend to ensure that the objectives set out on the basis of the impact indicators set out in Annex I will constitute an improvement to the current situation
  . That explanation shall be based on relevant information such as the elements referred to in points (a) to (f) of Article 95(1) and in
  points (a) and
  (b) of Article 95(2).

Amendment 1177

Amendment 1177

Proposal for a regulation

Proposal for a regulation

Article 92 a (new)

Article 92 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 92a




  Risk management preventions




  Member States shall explain in their CAP strategic plans, on the basis of available information and SWOT analysis, how they intend to provide sufficient and relevant risk management solutions to help farmers face climatic, sanitary and economic hazards. The risk management solutions referred to in this Article may include risk management tools listed in Article 70 or any national pre-existing risk management solution. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 92a

Risk management preventions

Member States shall explain in their CAP strategic plans, on the basis of available information and SWOT analysis, how they intend to provide sufficient and relevant risk management solutions to help farmers face climatic, sanitary and economic hazards. The risk management solutions referred to in this Article may include risk management tools listed in Article 70 or any national pre-existing risk management solution.

Amendment 569

Amendment 569

Proposal for a regulation

Proposal for a regulation

Article 93 — paragraph 1

Article 93 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Each Member State shall establish a single CAP Strategic Plan for its entire territory. | Each Member State
  and, where appropriate, in collaboration with regions,
  shall establish a single CAP Strategic Plan for its entire territory. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Each Member State shall establish a single CAP Strategic Plan for its entire territory.

Each Member State
  and, where appropriate, in collaboration with regions,
  shall establish a single CAP Strategic Plan for its entire territory.

and, where appropriate, in collaboration with regions,

Amendment 570

Amendment 570

Proposal for a regulation

Proposal for a regulation

Article 93 — paragraph 2

Article 93 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where elements of the CAP Strategic Plan are established at regional level, the Member State shall ensure the coherence and the consistency with the elements of the CAP Strategic Plan established at national level. | Where elements of the CAP Strategic Plan are established
  and/or implemented
  at regional level
  via the Regional Intervention Programmes
  , the Member State shall ensure the coherence and the consistency with the elements of the CAP Strategic Plan established at national level. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where elements of the CAP Strategic Plan are established at regional level, the Member State shall ensure the coherence and the consistency with the elements of the CAP Strategic Plan established at national level.

Where elements of the CAP Strategic Plan are established
  and/or implemented
  at regional level
  via the Regional Intervention Programmes
  , the Member State shall ensure the coherence and the consistency with the elements of the CAP Strategic Plan established at national level.

and/or implemented

via the Regional Intervention Programmes

Amendments 571 and 734cp2

Amendments 571 and 734cp2

Proposal for a regulation

Proposal for a regulation

Article 94 — paragraph 2

Article 94 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The body of the Member State responsible for drawing up the CAP Strategic Plan shall ensure that the competent authorities for the environment and climate are
  effectively
  involved in the preparation of the environmental and climate aspects of the plan. | 2.   The body of the Member State responsible for drawing up the CAP Strategic Plan shall ensure that the competent
  public
  authorities for the environment and climate are
  fully
  involved in the preparation of the environmental and climate aspects of the plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The body of the Member State responsible for drawing up the CAP Strategic Plan shall ensure that the competent authorities for the environment and climate are
  effectively
  involved in the preparation of the environmental and climate aspects of the plan.

2.   The body of the Member State responsible for drawing up the CAP Strategic Plan shall ensure that the competent
  public
  authorities for the environment and climate are
  fully
  involved in the preparation of the environmental and climate aspects of the plan.

Amendments 572 and 734cp3

Amendments 572 and 734cp3

Proposal for a regulation

Proposal for a regulation

Article 94 — paragraph 3 — subparagraph 1 — introductory part

Article 94 — paragraph 3 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Each Member State shall organise a partnership with the competent regional and local authorities. The partnership shall include at least the following partners: | Each Member State shall organise a partnership with the competent regional and local authorities
  as well as other partners
  . The partnership shall include at least the following partners: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Each Member State shall organise a partnership with the competent regional and local authorities. The partnership shall include at least the following partners:

Each Member State shall organise a partnership with the competent regional and local authorities
  as well as other partners
  . The partnership shall include at least the following partners:

as well as other partners

Amendments 573 and 734cp5

Amendments 573 and 734cp5

Proposal for a regulation

Proposal for a regulation

Article 94 — paragraph 3 — subparagraph 1 — point b

Article 94 — paragraph 3 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | economic and social partners; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

economic and social partners;

| (b) | economic and social partners
  , in particular representatives of the agricultural sector, and including Local Action Groups in the context of LEADER programmes
  ; |
| --- | --- |

(b)

economic and social partners
  , in particular representatives of the agricultural sector, and including Local Action Groups in the context of LEADER programmes
  ;

, in particular representatives of the agricultural sector, and including Local Action Groups in the context of LEADER programmes

Amendments 574 and 734cp6

Amendments 574 and 734cp6

Proposal for a regulation

Proposal for a regulation

Article 94 — paragraph 3 — subparagraph 1 — point c

Article 94 — paragraph 3 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | relevant bodies representing civil society and where relevant bodies responsible for promoting social inclusion, fundamental rights, gender equality and non-discrimination. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

relevant bodies representing civil society and where relevant bodies responsible for promoting social inclusion, fundamental rights, gender equality and non-discrimination.

| (c) | relevant bodies representing civil society
  related to all objectives laid down in Article 5 and Article 6(1)
  and where relevant bodies responsible for promoting social inclusion, fundamental rights, gender equality and non-discrimination. |
| --- | --- |

(c)

relevant bodies representing civil society
  related to all objectives laid down in Article 5 and Article 6(1)
  and where relevant bodies responsible for promoting social inclusion, fundamental rights, gender equality and non-discrimination.

related to all objectives laid down in Article 5 and Article 6(1)

Amendments 575 and 734cp7

Amendments 575 and 734cp7

Proposal for a regulation

Proposal for a regulation

Article 94 — paragraph 3 — subparagraph 2

Article 94 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall involve those partners in the preparation of the CAP Strategic Plans. | Member States shall
  fully
  involve those partners in the preparation of the CAP Strategic Plans. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall involve those partners in the preparation of the CAP Strategic Plans.

Member States shall
  fully
  involve those partners in the preparation of the CAP Strategic Plans.

fully

Amendments 576 and 734cp9

Amendments 576 and 734cp9

Proposal for a regulation

Proposal for a regulation

Article 94 — paragraph 4

Article 94 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Member States and the Commission shall cooperate to ensure effective coordination in the implementation of CAP Strategic Plans, taking account of the principles of proportionality
  and
  shared management. | 4.   Member States and the Commission shall cooperate to ensure effective coordination in the implementation of CAP Strategic Plans, taking account of the principles of proportionality, shared management
  and proper functioning of the internal market
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Member States and the Commission shall cooperate to ensure effective coordination in the implementation of CAP Strategic Plans, taking account of the principles of proportionality
  and
  shared management.

4.   Member States and the Commission shall cooperate to ensure effective coordination in the implementation of CAP Strategic Plans, taking account of the principles of proportionality, shared management
  and proper functioning of the internal market
  .

Amendments 577, 970 and 1312cp7

Amendments 577, 970 and 1312cp7

Proposal for a regulation

Proposal for a regulation

Article 94 — paragraph 4 a (new)

Article 94 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  The Commission is empowered to adopt a delegated act in accordance with Article 138 to set out a code of conduct to support Member States in the organisation of the partnership referred to in paragraph 3. The code of conduct shall set out the framework within which Member States, in accordance with their national law and regional competences, are to pursue the implementation of the partnership principle. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  The Commission is empowered to adopt a delegated act in accordance with Article 138 to set out a code of conduct to support Member States in the organisation of the partnership referred to in paragraph 3. The code of conduct shall set out the framework within which Member States, in accordance with their national law and regional competences, are to pursue the implementation of the partnership principle.

Amendment 578

Amendment 578

Proposal for a regulation

Proposal for a regulation

Article 95 — paragraph 1 — point e

Article 95 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | target and financial plans; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

target and financial plans;

| (e) | target and financial plans
  , including, where appropriate, those on the regional intervention programmes
  ; |
| --- | --- |

(e)

target and financial plans
  , including, where appropriate, those on the regional intervention programmes
  ;

, including, where appropriate, those on the regional intervention programmes

Amendment 579

Amendment 579

Proposal for a regulation

Proposal for a regulation

Article 95 — paragraph 2 — point c

Article 95 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | Annex III on the consultation of the partners; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

Annex III on the consultation of the partners;

| (c) | Annex III on the consultation of the partners
  a summary of comments submitted by the competent regional and local authorities and the partners as referred to in Article 94(3)
  ; |
| --- | --- |

(c)

Annex III on the consultation of the partners
  a summary of comments submitted by the competent regional and local authorities and the partners as referred to in Article 94(3)
  ;

a summary of comments submitted by the competent regional and local authorities and the partners as referred to in Article 94(3)

Amendment 580

Amendment 580

Proposal for a regulation

Proposal for a regulation

Article 95 — paragraph 2 — point d

Article 95 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | Annex IV on the crop-specific payment for cotton; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

Annex IV on the crop-specific payment for cotton;

| (d) | Annex IV on the crop-specific payment for cotton
  , where applicable
  ; |
| --- | --- |

(d)

Annex IV on the crop-specific payment for cotton
  , where applicable
  ;

, where applicable

Amendment 581

Amendment 581

Proposal for a regulation

Proposal for a regulation

Article 95 — paragraph 2 — point e

Article 95 — paragraph 2 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | Annex V on the additional national financing provided within the scope of the CAP Strategic Plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

Annex V on the additional national financing provided within the scope of the CAP Strategic Plan.

| (e) | Annex V on
  state aid for the Strategic Plan not exempted from Articles 107, 108 and 109 TFEU, in accordance with Article 131(4), and
  the additional national financing provided
  for all development interventions
  within the scope of the CAP Strategic Plan. |
| --- | --- |

(e)

Annex V on
  state aid for the Strategic Plan not exempted from Articles 107, 108 and 109 TFEU, in accordance with Article 131(4), and
  the additional national financing provided
  for all development interventions
  within the scope of the CAP Strategic Plan.

state aid for the Strategic Plan not exempted from Articles 107, 108 and 109 TFEU, in accordance with Article 131(4), and

for all development interventions

Amendment 582

Amendment 582

Proposal for a regulation

Proposal for a regulation

Article 95 — paragraph 2 — point e a (new)

Article 95 — paragraph 2 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | Annex VI on the schemes for the climate, environment and animal welfare as referred to in Article 28. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ea)

(ea)

Annex VI on the schemes for the climate, environment and animal welfare as referred to in Article 28.

Annex VI on the schemes for the climate, environment and animal welfare as referred to in Article 28.

Amendment 583

Amendment 583

Proposal for a regulation

Proposal for a regulation

Article 95 — paragraph 2 — point e b (new)

Article 95 — paragraph 2 — point e b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (eb) | Annex VII on the Regional Intervention Programmes; and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(eb)

(eb)

Annex VII on the Regional Intervention Programmes; and

Annex VII on the Regional Intervention Programmes; and

Amendment 584

Amendment 584

Proposal for a regulation

Proposal for a regulation

Article 95 — paragraph 2 — point e c (new)

Article 95 — paragraph 2 — point e c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ec) | Annex VIII on the elements of the Strategic Plans that contribute to increase competitiveness. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ec)

(ec)

Annex VIII on the elements of the Strategic Plans that contribute to increase competitiveness.

Annex VIII on the elements of the Strategic Plans that contribute to increase competitiveness.

Amendment 585

Amendment 585

Proposal for a regulation

Proposal for a regulation

Article 96 — paragraph 1 — point b

Article 96 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | identification of needs for each specific objective set out in Article 6 based on the evidence from the SWOT analysis. All the needs shall be described, regardless whether they will be addressed through the CAP Strategic Plan or not; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

identification of needs for each specific objective set out in Article 6 based on the evidence from the SWOT analysis. All the needs shall be described, regardless whether they will be addressed through the CAP Strategic Plan or not;

| (b) | identification of needs for each specific objective set out in Article 6
  , including animal welfare,
  based on the evidence from the SWOT analysis. All the needs shall be described, regardless whether they will be addressed through the CAP Strategic Plan or not; |
| --- | --- |

(b)

identification of needs for each specific objective set out in Article 6
  , including animal welfare,
  based on the evidence from the SWOT analysis. All the needs shall be described, regardless whether they will be addressed through the CAP Strategic Plan or not;

, including animal welfare,

Amendment 586

Amendment 586

Proposal for a regulation

Proposal for a regulation

Article 96 — paragraph 1 — point d

Article 96 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | where applicable, an analysis of the specific needs of vulnerable geographical areas, such as the outermost regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

where applicable, an analysis of the specific needs of vulnerable geographical areas, such as the outermost regions;

| (d) | where applicable, an analysis of the specific needs of
  isolated or
  vulnerable geographical areas, such as the outermost regions
  , mountainous regions and island regions
  ; |
| --- | --- |

(d)

where applicable, an analysis of the specific needs of
  isolated or
  vulnerable geographical areas, such as the outermost regions
  , mountainous regions and island regions
  ;

isolated or

, mountainous regions and island regions

Amendment 587

Amendment 587

Proposal for a regulation

Proposal for a regulation

Article 96 — paragraph 1 — point e

Article 96 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | prioritisation and ranking of needs
  , including a sound justification of
  the choices made and if relevant, why certain identified needs are not addressed or partially addressed in the CAP Strategic Plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

prioritisation and ranking of needs
  , including a sound justification of
  the choices made and if relevant, why certain identified needs are not addressed or partially addressed in the CAP Strategic Plan.

, including a sound justification of

| (e) | prioritisation and ranking of needs
  in accordance with
  the choices made and if relevant,
  a justification of the reasons
  why certain identified needs are not addressed or partially addressed in the CAP Strategic Plan; |
| --- | --- |

(e)

prioritisation and ranking of needs
  in accordance with
  the choices made and if relevant,
  a justification of the reasons
  why certain identified needs are not addressed or partially addressed in the CAP Strategic Plan;

in accordance with

a justification of the reasons

Amendment 588

Amendment 588

Proposal for a regulation

Proposal for a regulation

Article 96 — paragraph 1 — point e a (new)

Article 96 — paragraph 1 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | a summary of the areas where baseline information is missing or is insufficient for the purposes of providing a full description of the current situation as regards the specific objectives laid down in Article 6 and for the purposes of monitoring those objectives. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ea)

(ea)

a summary of the areas where baseline information is missing or is insufficient for the purposes of providing a full description of the current situation as regards the specific objectives laid down in Article 6 and for the purposes of monitoring those objectives.

a summary of the areas where baseline information is missing or is insufficient for the purposes of providing a full description of the current situation as regards the specific objectives laid down in Article 6 and for the purposes of monitoring those objectives.

Amendment 589

Amendment 589

Proposal for a regulation

Proposal for a regulation

Article 96 — paragraph 3

Article 96 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall use the most recent and most reliable data for this assessment. | Member States shall use the most recent and most reliable data for this assessment
  and shall utilise data disaggregated by gender, where relevant
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall use the most recent and most reliable data for this assessment.

Member States shall use the most recent and most reliable data for this assessment
  and shall utilise data disaggregated by gender, where relevant
  .

and shall utilise data disaggregated by gender, where relevant

Amendment 590

Amendment 590

Proposal for a regulation

Proposal for a regulation

Article 97 — paragraph 2 — point a a (new)

Article 97 — paragraph 2 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | an explanation of the social and economic architecture of the CAP Strategic Plan, describing the complementarity and basic conditions between the different interventions aimed at the specific objectives related to agricultural economic development and rural areas defined respectively in points (a), (b), (c), (g), (h) and (i) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

an explanation of the social and economic architecture of the CAP Strategic Plan, describing the complementarity and basic conditions between the different interventions aimed at the specific objectives related to agricultural economic development and rural areas defined respectively in points (a), (b), (c), (g), (h) and (i) of Article 6(1);

an explanation of the social and economic architecture of the CAP Strategic Plan, describing the complementarity and basic conditions between the different interventions aimed at the specific objectives related to agricultural economic development and rural areas defined respectively in points (a), (b), (c), (g), (h) and (i) of Article 6(1);

Amendment 591

Amendment 591

Proposal for a regulation

Proposal for a regulation

Article 97 — paragraph 2 — point b a (new)

Article 97 — paragraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | where relevant, an overview of how the CAP Strategic Plan is addressing the needs of High Natural Value farming systems, including aspects relating to their socio-economic viability. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

where relevant, an overview of how the CAP Strategic Plan is addressing the needs of High Natural Value farming systems, including aspects relating to their socio-economic viability.

where relevant, an overview of how the CAP Strategic Plan is addressing the needs of High Natural Value farming systems, including aspects relating to their socio-economic viability.

Amendment 592

Amendment 592

Proposal for a regulation

Proposal for a regulation

Article 97 — paragraph 2 — point c

Article 97 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | in relation to the
  specific
  objective ‘attract young farmers and facilitate their business development’
  set out
  in point (g) of Article 6(1), an overview of the CAP Strategic Plan relevant interventions and specific conditions such as those specified in Articles 22(4), 27, 69 and 71(7) shall be presented. Member States shall in particular refer to Article 86(5) when presenting the financial plan in relation to the types of interventions referred to in Articles 27 and 69. The overview shall also explain the interplay with national instruments with a view of improving the consistency between Union and national actions in this area; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

in relation to the
  specific
  objective ‘attract young farmers and facilitate their business development’
  set out
  in point (g) of Article 6(1), an overview of the CAP Strategic Plan relevant interventions and specific conditions such as those specified in Articles 22(4), 27, 69 and 71(7) shall be presented. Member States shall in particular refer to Article 86(5) when presenting the financial plan in relation to the types of interventions referred to in Articles 27 and 69. The overview shall also explain the interplay with national instruments with a view of improving the consistency between Union and national actions in this area;

specific

set out

| (c) | in relation to the objective ‘attract young farmers and facilitate their business development’ in
  line with
  point (g) of Article 6(1), an overview of the CAP Strategic Plan relevant interventions and specific conditions such as those specified in Articles 22(4), 27, 69 and 71(7) shall be presented. Member States shall in particular refer to Article 86(5) when presenting the financial plan in relation to the types of interventions referred to in Articles 27 and 69. The overview shall also explain the interplay with national instruments with a view of improving the consistency between Union and national actions in this area; |
| --- | --- |

(c)

in relation to the objective ‘attract young farmers and facilitate their business development’ in
  line with
  point (g) of Article 6(1), an overview of the CAP Strategic Plan relevant interventions and specific conditions such as those specified in Articles 22(4), 27, 69 and 71(7) shall be presented. Member States shall in particular refer to Article 86(5) when presenting the financial plan in relation to the types of interventions referred to in Articles 27 and 69. The overview shall also explain the interplay with national instruments with a view of improving the consistency between Union and national actions in this area;

line with

Amendment 593

Amendment 593

Proposal for a regulation

Proposal for a regulation

Article 97 — paragraph 2 — point f

Article 97 — paragraph 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | a description of the interplay between national and regional interventions, including the distribution of financial allocations per intervention and per fund; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

a description of the interplay between national and regional interventions, including the distribution of financial allocations per intervention and per fund;

| (f) | a description of the interplay between national and regional interventions, including the distribution of financial allocations per intervention and per fund;
  and |
| --- | --- |

(f)

a description of the interplay between national and regional interventions, including the distribution of financial allocations per intervention and per fund;
  and

and

Amendment 594

Amendment 594

Proposal for a regulation

Proposal for a regulation

Article 97 — paragraph 2 — point f a (new)

Article 97 — paragraph 2 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | an explanation of how the CAP Strategic Plan is meant to contribute to the objective of improving animal health and welfare and reducing antimicrobial resistance. Member States shall in particular refer to the types of interventions covered by Articles 28 and 65. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fa)

(fa)

an explanation of how the CAP Strategic Plan is meant to contribute to the objective of improving animal health and welfare and reducing antimicrobial resistance. Member States shall in particular refer to the types of interventions covered by Articles 28 and 65.

an explanation of how the CAP Strategic Plan is meant to contribute to the objective of improving animal health and welfare and reducing antimicrobial resistance. Member States shall in particular refer to the types of interventions covered by Articles 28 and 65.

Amendment 1112

Amendment 1112

Proposal for a regulation

Proposal for a regulation

Article 97 — paragraph 2 — point f b (new)

Article 97 — paragraph 2 — point f b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fb) | an explanation of how the interventions for each specific objective set out in Article 6(1) contribute to simplification for final beneficiaries and reducing the administrative burden. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fb)

(fb)

an explanation of how the interventions for each specific objective set out in Article 6(1) contribute to simplification for final beneficiaries and reducing the administrative burden.

an explanation of how the interventions for each specific objective set out in Article 6(1) contribute to simplification for final beneficiaries and reducing the administrative burden.

Amendment 595

Amendment 595

Proposal for a regulation

Proposal for a regulation

Article 98 — title

Article 98 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Elements common to several interventions | Elements common to several interventions
  in Strategic Plans |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Elements common to several interventions

Elements common to several interventions
  in Strategic Plans

in Strategic Plans

Amendment 1113

Amendment 1113

Proposal for a regulation

Proposal for a regulation

Article 98 — paragraph 1 — point b — point ii a (new)

Article 98 — paragraph 1 — point b — point ii a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iia) | a description of the overall contribution to simplification and reducing the regulatory and administrative burden for final beneficiaries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iia)

(iia)

a description of the overall contribution to simplification and reducing the regulatory and administrative burden for final beneficiaries.

a description of the overall contribution to simplification and reducing the regulatory and administrative burden for final beneficiaries.

Amendment 835

Amendment 835

Proposal for a regulation

Proposal for a regulation

Article 98 — paragraph 1 — point b a (new)

Article 98 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | an explanation of how the CAP Strategic Plan will support organic agriculture, in order to contribute to matching production to the growing demand for organic agricultural products, as set out in Article 13a; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

an explanation of how the CAP Strategic Plan will support organic agriculture, in order to contribute to matching production to the growing demand for organic agricultural products, as set out in Article 13a;

an explanation of how the CAP Strategic Plan will support organic agriculture, in order to contribute to matching production to the growing demand for organic agricultural products, as set out in Article 13a;

Amendment 596

Amendment 596

Proposal for a regulation

Proposal for a regulation

Article 98 — paragraph 1 — point c

Article 98 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | a description of the use of ‘technical assistance’ as referred to in Articles 83(2), 86(3) and 112 and of the CAP networks as referred to in Article 113; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

a description of the use of ‘technical assistance’ as referred to in Articles 83(2), 86(3) and 112 and of the CAP networks as referred to in Article 113;

| (c) | a description of the use of ‘technical assistance’ as referred to in Articles 83(2), 86(3) and 112 and of the CAP networks as referred to in Article 113;
  and |
| --- | --- |

(c)

a description of the use of ‘technical assistance’ as referred to in Articles 83(2), 86(3) and 112 and of the CAP networks as referred to in Article 113;
  and

and

Amendment 597

Amendment 597

Proposal for a regulation

Proposal for a regulation

Article 99 — paragraph 1 — point c

Article 99 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the specific design or requirements of that intervention that ensure an effective contribution to the specific objective(s) set out in Article 6(1). For environmental and climate interventions, articulation with the conditionality requirements shall show that the practices do not overlap; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the specific design or requirements of that intervention that ensure an effective contribution to the specific objective(s) set out in Article 6(1). For environmental and climate interventions, articulation with the conditionality requirements shall show that the practices do not overlap;

| (c) | the specific design or requirements of that intervention that ensure an effective contribution to the
  relevant
  specific objective(s) set out in Article 6(1). For environmental and climate interventions, articulation with the conditionality requirements shall show that the practices do not overlap; |
| --- | --- |

(c)

the specific design or requirements of that intervention that ensure an effective contribution to the
  relevant
  specific objective(s) set out in Article 6(1). For environmental and climate interventions, articulation with the conditionality requirements shall show that the practices do not overlap;

relevant

Amendment 598

Amendment 598

Proposal for a regulation

Proposal for a regulation

Article 99 — paragraph 1 — point d

Article 99 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | the eligibility conditions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

the eligibility conditions;

| (d) | the eligibility conditions
  , in accordance with this Regulation
  ; |
| --- | --- |

(d)

the eligibility conditions
  , in accordance with this Regulation
  ;

, in accordance with this Regulation

Amendment 599

Amendment 599

Proposal for a regulation

Proposal for a regulation

Article 99 — paragraph 1 — point h

Article 99 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | the resulting annual financial allocation for the intervention, as referred to in Article 88. Where applicable, a breakdown on amounts planned for grants and amounts planned for financial instruments shall be provided; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

the resulting annual financial allocation for the intervention, as referred to in Article 88. Where applicable, a breakdown on amounts planned for grants and amounts planned for financial instruments shall be provided;

| (h) | the resulting annual financial allocation for the intervention, as referred to in Article 88. Where applicable, a breakdown on amounts planned for grants and amounts planned for financial instruments shall be provided;
  and |
| --- | --- |

(h)

the resulting annual financial allocation for the intervention, as referred to in Article 88. Where applicable, a breakdown on amounts planned for grants and amounts planned for financial instruments shall be provided;
  and

and

Amendment 600

Amendment 600

Proposal for a regulation

Proposal for a regulation

Article 99 — paragraph 1 — point i

Article 99 — paragraph 1 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | an indication as to whether the intervention falls outside the scope of Article 42 TFEU and is subject to State aid assessment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

an indication as to whether the intervention falls outside the scope of Article 42 TFEU and is subject to State aid assessment.

| (i) | an indication as to whether the intervention falls outside the scope of Article 42 TFEU and is subject to State aid assessment
  in accordance with the indication given by the Commission in the State Aid Guidelines
  . |
| --- | --- |

(i)

an indication as to whether the intervention falls outside the scope of Article 42 TFEU and is subject to State aid assessment
  in accordance with the indication given by the Commission in the State Aid Guidelines
  .

in accordance with the indication given by the Commission in the State Aid Guidelines

Amendment 601

Amendment 601

Proposal for a regulation

Proposal for a regulation

Article 100 — paragraph 1

Article 100 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The target plan referred to in point (e) of Article 95(1) shall consist of a recapitulative table showing the targets as referred to in point (a) of Article 97(1), indicating the break-down in annual milestones. | 1.   The target plan referred to in point (e) of Article 95(1) shall consist of a recapitulative table showing the targets as referred to in point (a) of Article 97(1), indicating the break-down in annual
  or, where appropriate, multiannual
  milestones
  and, where necessary, partially broken down by regions
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The target plan referred to in point (e) of Article 95(1) shall consist of a recapitulative table showing the targets as referred to in point (a) of Article 97(1), indicating the break-down in annual milestones.

1.   The target plan referred to in point (e) of Article 95(1) shall consist of a recapitulative table showing the targets as referred to in point (a) of Article 97(1), indicating the break-down in annual
  or, where appropriate, multiannual
  milestones
  and, where necessary, partially broken down by regions
  .

Amendment 602

Amendment 602

Proposal for a regulation

Proposal for a regulation

Article 100 — paragraph 2 — subparagraph 1 — point e

Article 100 — paragraph 2 — subparagraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | a breakdown of the allocations for sectoral types of interventions referred to in
  Section VII of
  Chapter III of Title III per intervention and with an indication of the planned outputs and the average unit amount; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

a breakdown of the allocations for sectoral types of interventions referred to in
  Section VII of
  Chapter III of Title III per intervention and with an indication of the planned outputs and the average unit amount;

Section VII of

| (e) | a breakdown of the allocations for sectoral types of interventions referred to in Chapter III of Title III per intervention and with an indication of the planned outputs and the average unit amount; |
| --- | --- |

(e)

a breakdown of the allocations for sectoral types of interventions referred to in Chapter III of Title III per intervention and with an indication of the planned outputs and the average unit amount;

Amendment 603

Amendment 603

Proposal for a regulation

Proposal for a regulation

Article 100 — paragraph 2 — subparagraph 1 — point f

Article 100 — paragraph 2 — subparagraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | a breakdown of the Member States allocations for rural development after transfers to and from direct payments as specified in point (b), per type of interventions and per intervention, including totals for the period, indicating also the applicable EAFRD contribution rate, broken down per intervention and per type of region where applicable. In case of transfer of funds from direct payments, the intervention(s) or part of intervention financed by the transfer shall be specified. This table shall also specify the planned outputs per intervention and the average or uniform unit amounts, as well as, where applicable, a breakdown of the amounts planned for grants and amounts planned for financial instruments. The amounts for technical assistance shall also be specified; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

a breakdown of the Member States allocations for rural development after transfers to and from direct payments as specified in point (b), per type of interventions and per intervention, including totals for the period, indicating also the applicable EAFRD contribution rate, broken down per intervention and per type of region where applicable. In case of transfer of funds from direct payments, the intervention(s) or part of intervention financed by the transfer shall be specified. This table shall also specify the planned outputs per intervention and the average or uniform unit amounts, as well as, where applicable, a breakdown of the amounts planned for grants and amounts planned for financial instruments. The amounts for technical assistance shall also be specified;

| (f) | a breakdown of the Member States allocations for rural development after transfers to and from direct payments as specified in point (b), per type of interventions and per intervention, including totals for the period, indicating also the applicable EAFRD contribution rate, broken down per intervention and per type of region where applicable. In case of transfer of funds from direct payments, the intervention(s) or part of intervention financed by the transfer shall be specified. This table shall also specify the planned outputs per intervention and the average or uniform unit amounts, as well as, where applicable, a breakdown of the amounts planned for grants and amounts planned for financial instruments. The amounts for technical assistance shall also be specified;
  and |
| --- | --- |

(f)

a breakdown of the Member States allocations for rural development after transfers to and from direct payments as specified in point (b), per type of interventions and per intervention, including totals for the period, indicating also the applicable EAFRD contribution rate, broken down per intervention and per type of region where applicable. In case of transfer of funds from direct payments, the intervention(s) or part of intervention financed by the transfer shall be specified. This table shall also specify the planned outputs per intervention and the average or uniform unit amounts, as well as, where applicable, a breakdown of the amounts planned for grants and amounts planned for financial instruments. The amounts for technical assistance shall also be specified;
  and

and

Amendment 604

Amendment 604

Proposal for a regulation

Proposal for a regulation

Article 100 — paragraph 2 — subparagraph 2

Article 100 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The elements referred to in this paragraph shall be established per year. | The elements referred to in this paragraph shall be established per year
  , where necessary, and may include, where appropriate, regional tables
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The elements referred to in this paragraph shall be established per year.

The elements referred to in this paragraph shall be established per year
  , where necessary, and may include, where appropriate, regional tables
  .

, where necessary, and may include, where appropriate, regional tables

Amendment 605

Amendment 605

Proposal for a regulation

Proposal for a regulation

Article 100 a (new)

Article 100 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 100a |
| | Regional Intervention Programmes |
| | Each Regional Intervention Programme for rural development shall contain, as a minimum, the following sections: |
| | (a) | a summary of the SWOT analysis; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 100a

Article 100a

Regional Intervention Programmes

Regional Intervention Programmes

Each Regional Intervention Programme for rural development shall contain, as a minimum, the following sections:

Each Regional Intervention Programme for rural development shall contain, as a minimum, the following sections:

(a)

(a)

a summary of the SWOT analysis;

a summary of the SWOT analysis;

| (b) | a summary of the needs assessment; |
| --- | --- |

(b)

(b)

a summary of the needs assessment;

a summary of the needs assessment;

| (c) | an intervention strategy; |
| --- | --- |

(c)

(c)

an intervention strategy;

an intervention strategy;

| (d) | an operating description of the interventions managed and implemented at regional level, consistent with the national Strategic Plan as laid down in Article 99. More specifically, each intervention specified in the strategy under point (c) of this Article shall include the following elements:










  (i) | description of the intervention; |
| --- | --- | --- |

(d)

(d)

an operating description of the interventions managed and implemented at regional level, consistent with the national Strategic Plan as laid down in Article 99. More specifically, each intervention specified in the strategy under point (c) of this Article shall include the following elements:

an operating description of the interventions managed and implemented at regional level, consistent with the national Strategic Plan as laid down in Article 99. More specifically, each intervention specified in the strategy under point (c) of this Article shall include the following elements:

(i)

(i)

description of the intervention;

description of the intervention;

| (ii) | eligibility conditions; |
| --- | --- |

(ii)

(ii)

eligibility conditions;

eligibility conditions;

| (iii) | aid rate; |
| --- | --- |

(iii)

(iii)

aid rate;

aid rate;

| (iv) | calculation of the unit amount of aid; |
| --- | --- |

(iv)

(iv)

calculation of the unit amount of aid;

calculation of the unit amount of aid;

| (v) | the financial plan; |
| --- | --- |

(v)

(v)

the financial plan;

the financial plan;

| (vi) | result indicators; |
| --- | --- |

(vi)

(vi)

result indicators;

result indicators;

| (vii) | targets; |
| --- | --- |

(vii)

(vii)

targets;

targets;

| (viii) | explanation concerning attainment of the targets; |
| --- | --- |

(viii)

(viii)

explanation concerning attainment of the targets;

explanation concerning attainment of the targets;

| (e) | the multiannual financial plan; and |
| --- | --- |

(e)

(e)

the multiannual financial plan; and

the multiannual financial plan; and

| (f) | a description of the governance and coordination system. |
| --- | --- |

(f)

(f)

a description of the governance and coordination system.

a description of the governance and coordination system.

Amendment 606

Amendment 606

Proposal for a regulation

Proposal for a regulation

Article 102 — paragraph 1 — introductory part

Article 102 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The description of the elements that ensure modernisation of the CAP referred to in point (g) of Article 95(1) shall highlight the elements of the CAP Strategic Plan that support the modernisation of the agricultural sector and the CAP and shall contain in particular: | The description of the elements that ensure modernisation of the CAP referred to in point (g) of Article 95(1) shall highlight the elements of the CAP Strategic Plan that support the modernisation of the agricultural sector and the CAP
  , to meet new challenges including transitioning to more sustainable models,
  and shall contain in particular: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The description of the elements that ensure modernisation of the CAP referred to in point (g) of Article 95(1) shall highlight the elements of the CAP Strategic Plan that support the modernisation of the agricultural sector and the CAP and shall contain in particular:

The description of the elements that ensure modernisation of the CAP referred to in point (g) of Article 95(1) shall highlight the elements of the CAP Strategic Plan that support the modernisation of the agricultural sector and the CAP
  , to meet new challenges including transitioning to more sustainable models,
  and shall contain in particular:

, to meet new challenges including transitioning to more sustainable models,

Amendment 607

Amendment 607

Proposal for a regulation

Proposal for a regulation

Article 102 — paragraph 1 — point a — introductory part

Article 102 — paragraph 1 — point a — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | an overview of how the CAP Strategic Plan will contribute to the cross-cutting general objective related to fostering and sharing of knowledge, innovation and digitalisation
  and
  encouraging their uptake set out in the second subparagraph of Article 5, notably through: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

an overview of how the CAP Strategic Plan will contribute to the cross-cutting general objective related to fostering and sharing of knowledge, innovation and digitalisation
  and
  encouraging their uptake set out in the second subparagraph of Article 5, notably through:

and

| (a) | an overview of how the CAP Strategic Plan will contribute to the cross-cutting general objective related to fostering and sharing of knowledge, innovation and digitalisation
  in agriculture and rural areas,
  encouraging
  and promoting
  their uptake set out in the second subparagraph of Article 5, notably through: |
| --- | --- |

(a)

an overview of how the CAP Strategic Plan will contribute to the cross-cutting general objective related to fostering and sharing of knowledge, innovation and digitalisation
  in agriculture and rural areas,
  encouraging
  and promoting
  their uptake set out in the second subparagraph of Article 5, notably through:

in agriculture and rural areas,

and promoting

Amendment 836

Amendment 836

Proposal for a regulation

Proposal for a regulation

Article 102 — paragraph 1 — point a — point ii a (new)

Article 102 — paragraph 1 — point a — point ii a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iia) | coherence with the achievement of the sustainable development goals and international agreements on climate. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iia)

(iia)

coherence with the achievement of the sustainable development goals and international agreements on climate.

coherence with the achievement of the sustainable development goals and international agreements on climate.

Amendment 608

Amendment 608

Proposal for a regulation

Proposal for a regulation

Article 102 — paragraph 1 — point b

Article 102 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | a description of the strategy for the development of digital technologies in agriculture and rural areas and for the use of these technologies to improve the effectiveness and efficiency of the CAP Strategic Plan interventions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

a description of the strategy for the development of digital technologies in agriculture and rural areas and for the use of these technologies to improve the effectiveness and efficiency of the CAP Strategic Plan interventions.

| (b) | a description of the strategy for the development of digital technologies in agriculture and rural areas
  , Smart Villages
  and for the
  conditions of
  use of these technologies
  , conditions which shall include information to farmers on their rights in relation to protection and use of their personal data,
  to improve the effectiveness and efficiency of the CAP Strategic Plan interventions. |
| --- | --- |

(b)

a description of the strategy for the development of digital technologies in agriculture and rural areas
  , Smart Villages
  and for the
  conditions of
  use of these technologies
  , conditions which shall include information to farmers on their rights in relation to protection and use of their personal data,
  to improve the effectiveness and efficiency of the CAP Strategic Plan interventions.

, Smart Villages

conditions of

, conditions which shall include information to farmers on their rights in relation to protection and use of their personal data,

Amendment 609

Amendment 609

Proposal for a regulation

Proposal for a regulation

Article 103 — paragraph 2 — subparagraph 3 — point e

Article 103 — paragraph 2 — subparagraph 3 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | where relevant, an analysis of territorial aspects, highlighting those territories specifically targeted by interventions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

where relevant, an analysis of territorial aspects, highlighting those territories specifically targeted by interventions;

| (e) | where relevant, an analysis of territorial aspects, highlighting those territories specifically targeted by interventions
  , including High Nature Value agricultural areas
  ; |
| --- | --- |

(e)

where relevant, an analysis of territorial aspects, highlighting those territories specifically targeted by interventions
  , including High Nature Value agricultural areas
  ;

, including High Nature Value agricultural areas

Amendment 610

Amendment 610

Proposal for a regulation

Proposal for a regulation

Article 103 — paragraph 2 — subparagraph 5

Article 103 — paragraph 2 — subparagraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the specific objective to attract young farmers set out in point (g) of Article 6(1), the SWOT shall include a short analysis of access to land, land mobility and land restructuring, access of finance and credits, and access to knowledge and advice. | For the specific objective to attract young farmers set out in point (g) of Article 6(1), the SWOT shall include a short analysis of access to land, land mobility and land restructuring, access of finance and credits, and access to knowledge and advice
  , and capacity to cope with risk
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the specific objective to attract young farmers set out in point (g) of Article 6(1), the SWOT shall include a short analysis of access to land, land mobility and land restructuring, access of finance and credits, and access to knowledge and advice.

For the specific objective to attract young farmers set out in point (g) of Article 6(1), the SWOT shall include a short analysis of access to land, land mobility and land restructuring, access of finance and credits, and access to knowledge and advice
  , and capacity to cope with risk
  .

, and capacity to cope with risk

Amendment 611

Amendment 611

Proposal for a regulation

Proposal for a regulation

Article 103 — paragraph 5 — point a

Article 103 — paragraph 5 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | a short description of additional national financing which is provided within the scope of the CAP Strategic Plan, including the amounts per
  measure
  and indication of compliance with the requirements under this Regulation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

a short description of additional national financing which is provided within the scope of the CAP Strategic Plan, including the amounts per
  measure
  and indication of compliance with the requirements under this Regulation;

measure

| (a) | a short description of additional national financing which is provided within the scope of the CAP Strategic Plan, including the amounts per
  intervention
  and indication of compliance with the requirements under this Regulation; |
| --- | --- |

(a)

a short description of additional national financing which is provided within the scope of the CAP Strategic Plan, including the amounts per
  intervention
  and indication of compliance with the requirements under this Regulation;

intervention

Amendment 612

Amendment 612

Proposal for a regulation

Proposal for a regulation

Article 103 — paragraph 5 a (new)

Article 103 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  Annex VI to the CAP Strategic Plan shall contain a description of the schemes for the climate, environment and animal welfare as referred to in Article 28. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  Annex VI to the CAP Strategic Plan shall contain a description of the schemes for the climate, environment and animal welfare as referred to in Article 28.

Amendment 613

Amendment 613

Proposal for a regulation

Proposal for a regulation

Article 103 — paragraph 5 b (new)

Article 103 — paragraph 5 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5b.
     
  Annex VII to the CAP Strategic Plan shall contain a description of the Regional Intervention Programmes. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5b.
     
  Annex VII to the CAP Strategic Plan shall contain a description of the Regional Intervention Programmes.

Amendment 615

Amendment 615

Proposal for a regulation

Proposal for a regulation

Article 104

Article 104

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 104 | deleted |
| Delegated powers for the content of the CAP Strategic Plan | |
| The Commission is empowered to adopt delegated acts in accordance with Article 138 amending this Chapter as regards the content of the CAP Strategic Plan and its annexes. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 104

Article 104

deleted

deleted

Delegated powers for the content of the CAP Strategic Plan

Delegated powers for the content of the CAP Strategic Plan

The Commission is empowered to adopt delegated acts in accordance with Article 138 amending this Chapter as regards the content of the CAP Strategic Plan and its annexes.

The Commission is empowered to adopt delegated acts in accordance with Article 138 amending this Chapter as regards the content of the CAP Strategic Plan and its annexes.

Amendment 616

Amendment 616

Proposal for a regulation

Proposal for a regulation

Article 105 — title

Article 105 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Implementing powers for the
  content
  of the CAP Strategic Plan | Implementing powers for the
  form
  of the CAP Strategic Plan |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Implementing powers for the
  content
  of the CAP Strategic Plan

content

Implementing powers for the
  form
  of the CAP Strategic Plan

form

Amendment 617

Amendment 617

Proposal for a regulation

Proposal for a regulation

Article 105 — paragraph 1

Article 105 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission may adopt implementing acts
  laying down
  rules for the presentation of the elements described in Articles 96 to 103 in CAP Strategic Plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2). | The Commission may adopt implementing acts
  establishing a standardised form and the
  rules for the presentation of the elements described in Articles 96 to 103 in CAP Strategic Plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission may adopt implementing acts
  laying down
  rules for the presentation of the elements described in Articles 96 to 103 in CAP Strategic Plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2).

laying down

The Commission may adopt implementing acts
  establishing a standardised form and the
  rules for the presentation of the elements described in Articles 96 to 103 in CAP Strategic Plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2).

establishing a standardised form and the

Amendment 1153cp1

Amendment 1153cp1

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 1

Article 106 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Each Member State shall submit to the Commission a proposal for a CAP Strategic Plan, containing the information referred to in Article 95
  no later than 1 January 2020
  ]. | 1.   Each Member State shall submit to the Commission a proposal for a CAP Strategic Plan, containing the information referred to in Article 95
  by ... [one year after the date of entry into force of this Regulation
  ].
  The Commission shall encourage Member States to exchange information and best practices with each other when drawing up their CAP Strategic Plans. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Each Member State shall submit to the Commission a proposal for a CAP Strategic Plan, containing the information referred to in Article 95
  no later than 1 January 2020
  ].

1.   Each Member State shall submit to the Commission a proposal for a CAP Strategic Plan, containing the information referred to in Article 95
  by ... [one year after the date of entry into force of this Regulation
  ].
  The Commission shall encourage Member States to exchange information and best practices with each other when drawing up their CAP Strategic Plans.

Amendment 619

Amendment 619

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 2

Article 106 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission shall assess the proposed CAP Strategic Plans on the basis of the completeness of the plans, the consistency and coherence with the general principles of Union law, with this Regulation and the provisions adopted pursuant to it and with the Horizontal Regulation, their effective contribution to the specific objectives set out in Article 6(1), the impact on the proper functioning of the internal market and distortion of competition, the level of administrative burden on beneficiaries and administration. The assessment shall address, in particular, the adequacy of the strategy of the CAP Strategic Plan, the corresponding specific objectives, targets, interventions and the allocation of budgetary resources to meet the specific CAP Strategic Plan objectives through the proposed set of interventions on the basis of the SWOT analysis and the ex-ante evaluation. | 2.   The Commission shall assess the proposed CAP Strategic Plans on the basis of the completeness of the plans, the consistency and coherence with the general principles of Union law, with this Regulation and the provisions adopted pursuant to it and with the Horizontal Regulation, their effective contribution to the specific objectives set out in Article 6(1), the impact on the proper functioning of the internal market and distortion of competition, the level of administrative burden on beneficiaries and administration. The assessment shall address, in particular, the adequacy of the strategy of the CAP Strategic Plan,
  including the quality of the information used,
  the corresponding specific objectives, targets, interventions and the allocation of budgetary resources to meet the specific CAP Strategic Plan objectives through the proposed set of interventions on the basis of the SWOT analysis and the ex-ante evaluation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Commission shall assess the proposed CAP Strategic Plans on the basis of the completeness of the plans, the consistency and coherence with the general principles of Union law, with this Regulation and the provisions adopted pursuant to it and with the Horizontal Regulation, their effective contribution to the specific objectives set out in Article 6(1), the impact on the proper functioning of the internal market and distortion of competition, the level of administrative burden on beneficiaries and administration. The assessment shall address, in particular, the adequacy of the strategy of the CAP Strategic Plan, the corresponding specific objectives, targets, interventions and the allocation of budgetary resources to meet the specific CAP Strategic Plan objectives through the proposed set of interventions on the basis of the SWOT analysis and the ex-ante evaluation.

2.   The Commission shall assess the proposed CAP Strategic Plans on the basis of the completeness of the plans, the consistency and coherence with the general principles of Union law, with this Regulation and the provisions adopted pursuant to it and with the Horizontal Regulation, their effective contribution to the specific objectives set out in Article 6(1), the impact on the proper functioning of the internal market and distortion of competition, the level of administrative burden on beneficiaries and administration. The assessment shall address, in particular, the adequacy of the strategy of the CAP Strategic Plan,
  including the quality of the information used,
  the corresponding specific objectives, targets, interventions and the allocation of budgetary resources to meet the specific CAP Strategic Plan objectives through the proposed set of interventions on the basis of the SWOT analysis and the ex-ante evaluation.

Amendment 1153cp2

Amendment 1153cp2

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 5 — subparagraph 1

Article 106 — paragraph 5 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The approval of each CAP Strategic Plan shall take place no later than
  eight
  months following its submission by the Member State concerned. | The approval of each CAP Strategic Plan shall take place no later than
  six
  months following its submission by the Member State concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The approval of each CAP Strategic Plan shall take place no later than
  eight
  months following its submission by the Member State concerned.

eight

The approval of each CAP Strategic Plan shall take place no later than
  six
  months following its submission by the Member State concerned.

six

Amendments 620, 1153cp3 and 1331

Amendments 620, 1153cp3 and 1331

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 5 — subparagraph 2

Article 106 — paragraph 5 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The approval shall not cover the information referred to in point (c) of Article 101 and in Annexes I to IV to the CAP Strategic Plan referred to in points (a) to (d) of Article 95(2). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The approval shall not cover the information referred to in point (c) of Article 101 and in Annexes I to IV to the CAP Strategic Plan referred to in points (a) to (d) of Article 95(2).

The approval shall not cover the information referred to in point (c) of Article 101 and in Annexes I to IV to the CAP Strategic Plan referred to in points (a) to (d) of Article 95(2).

deleted

deleted

Amendment 1153 cp4

Amendment 1153 cp4

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 5 — subparagraph 3

Article 106 — paragraph 5 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| In duly justified cases, the Member State may ask the Commission to approve a CAP Strategic Plan which does not contain all elements. In that case the Member State concerned shall indicate the parts of the CAP Strategic Plan that are missing and provide indicative targets and financial plans as referred to in Article 100 for the whole CAP Strategic Plan in order to show the overall consistency and coherence of the plan. The missing elements of the CAP Strategic Plan shall be submitted to the Commission as an amendment of the plan in accordance with Article 107. | In duly justified cases, the Member State may ask the Commission to approve a CAP Strategic Plan which does not contain all elements. In that case the Member State concerned shall indicate the parts of the CAP Strategic Plan that are missing and provide indicative targets and financial plans as referred to in Article 100 for the whole CAP Strategic Plan in order to show the overall consistency and coherence of the plan. The missing elements of the CAP Strategic Plan shall be submitted to the Commission as an amendment of the plan in accordance with Article 107
  within a timeframe which should not exceed three months
  .
  They shall be coherent and consistent with the indicative targets and financial plans provided previously by the Member State, with no significant deviation or reduction in ambition. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In duly justified cases, the Member State may ask the Commission to approve a CAP Strategic Plan which does not contain all elements. In that case the Member State concerned shall indicate the parts of the CAP Strategic Plan that are missing and provide indicative targets and financial plans as referred to in Article 100 for the whole CAP Strategic Plan in order to show the overall consistency and coherence of the plan. The missing elements of the CAP Strategic Plan shall be submitted to the Commission as an amendment of the plan in accordance with Article 107.

In duly justified cases, the Member State may ask the Commission to approve a CAP Strategic Plan which does not contain all elements. In that case the Member State concerned shall indicate the parts of the CAP Strategic Plan that are missing and provide indicative targets and financial plans as referred to in Article 100 for the whole CAP Strategic Plan in order to show the overall consistency and coherence of the plan. The missing elements of the CAP Strategic Plan shall be submitted to the Commission as an amendment of the plan in accordance with Article 107
  within a timeframe which should not exceed three months
  .
  They shall be coherent and consistent with the indicative targets and financial plans provided previously by the Member State, with no significant deviation or reduction in ambition.

within a timeframe which should not exceed three months

They shall be coherent and consistent with the indicative targets and financial plans provided previously by the Member State, with no significant deviation or reduction in ambition.

Amendments 621, 983, 1153cp5 and 1333

Amendments 621, 983, 1153cp5 and 1333

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 7 a (new)

Article 106 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7a.
     
  The Commission shall submit to the European Parliament and to the Council a summary report of the national CAP Strategic Plans within six months after their approval, accompanied by clearly described evaluations in order to provide information on the decisions taken by the Member States to tackle the specific objectives set out in Article 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7a.
     
  The Commission shall submit to the European Parliament and to the Council a summary report of the national CAP Strategic Plans within six months after their approval, accompanied by clearly described evaluations in order to provide information on the decisions taken by the Member States to tackle the specific objectives set out in Article 6(1).

Amendment 1153 cp6

Amendment 1153 cp6

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 7 b (new)

Article 106 — paragraph 7 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7b.
     
  The Commission shall translate the CAP Strategic Plans into English and publish them online in a way that ensures publicity and transparency at Union level. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7b.
     
  The Commission shall translate the CAP Strategic Plans into English and publish them online in a way that ensures publicity and transparency at Union level.

Amendments 623, 985 and 1153cp7

Amendments 623, 985 and 1153cp7

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 7 c (new)

Article 106 — paragraph 7 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7c.
     
  The approval of the CAP Strategic Plans and their implementation by Member States shall not cause any delays in the aid application period for beneficiaries nor in the timely payment of the aid, particularly in the first year of implementation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7c.
     
  The approval of the CAP Strategic Plans and their implementation by Member States shall not cause any delays in the aid application period for beneficiaries nor in the timely payment of the aid, particularly in the first year of implementation.

Amendment 735cp1

Amendment 735cp1

Proposal for a regulation

Proposal for a regulation

Article 107 — paragraph 1

Article 107 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may submit to the Commission requests to amend their CAP Strategic Plans. | 1.   Member States may submit to the Commission requests to amend their CAP Strategic Plans
  including, where applicable, any amendment to the regional intervention programmes, in agreement with regional managing authorities
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States may submit to the Commission requests to amend their CAP Strategic Plans.

1.   Member States may submit to the Commission requests to amend their CAP Strategic Plans
  including, where applicable, any amendment to the regional intervention programmes, in agreement with regional managing authorities
  .

Amendments 625 and 735cp2

Amendments 625 and 735cp2

Proposal for a regulation

Proposal for a regulation

Article 107 — paragraph 2

Article 107 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Requests for amendment of CAP Strategic Plans shall
  be duly justified and shall in particular set
  out the expected impact of the changes to the plan on achieving the specific objectives referred to in Article 6(1). They shall be accompanied by the amended plan including the updated annexes as appropriate. | 2.   Requests for amendment of CAP Strategic Plans shall
  include an explanation setting
  out the expected impact of the changes to the plan on achieving the specific objectives referred to in Article 6(1). They shall be accompanied by the amended plan including the updated annexes as appropriate. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Requests for amendment of CAP Strategic Plans shall
  be duly justified and shall in particular set
  out the expected impact of the changes to the plan on achieving the specific objectives referred to in Article 6(1). They shall be accompanied by the amended plan including the updated annexes as appropriate.

2.   Requests for amendment of CAP Strategic Plans shall
  include an explanation setting
  out the expected impact of the changes to the plan on achieving the specific objectives referred to in Article 6(1). They shall be accompanied by the amended plan including the updated annexes as appropriate.

Amendments 626 and 735cp3

Amendments 626 and 735cp3

Proposal for a regulation

Proposal for a regulation

Article 107 — paragraph 7

Article 107 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   A request for amendment of the CAP Strategic Plan may be submitted no more than once per calendar year subject to possible exceptions to be determined by the Commission in accordance with Article 109. | 7.   A request for amendment of the CAP Strategic Plan may be submitted no more than once per calendar year subject to possible exceptions to be determined
  in this Regulation and
  by the Commission in accordance with Article 109. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   A request for amendment of the CAP Strategic Plan may be submitted no more than once per calendar year subject to possible exceptions to be determined by the Commission in accordance with Article 109.

7.   A request for amendment of the CAP Strategic Plan may be submitted no more than once per calendar year subject to possible exceptions to be determined
  in this Regulation and
  by the Commission in accordance with Article 109.

Amendments 627 and 735cp4

Amendments 627 and 735cp4

Proposal for a regulation

Proposal for a regulation

Article 107 — paragraph 8

Article 107 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.   Each amendment of the CAP Strategic Plan shall be approved by the Commission by means of an implementing decision without applying the Committee procedure referred to in Article 139. | 8.   Each amendment of the CAP Strategic Plan shall be approved by the Commission by means of an implementing decision without applying the Committee procedure referred to in Article 139.
  The European Parliament and the Council shall be duly informed. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.   Each amendment of the CAP Strategic Plan shall be approved by the Commission by means of an implementing decision without applying the Committee procedure referred to in Article 139.

8.   Each amendment of the CAP Strategic Plan shall be approved by the Commission by means of an implementing decision without applying the Committee procedure referred to in Article 139.
  The European Parliament and the Council shall be duly informed.

Amendments 628 and 735cp5

Amendments 628 and 735cp5

Proposal for a regulation

Proposal for a regulation

Article 107 — paragraph 9

Article 107 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9.   Without prejudice to Article 80, amendments to CAP Strategic Plans shall only have legal effects after their approval by the Commission | 9.   Without prejudice to Article 80, amendments to CAP Strategic Plans shall only have legal effects after their approval by the Commission
  and shall be published. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.   Without prejudice to Article 80, amendments to CAP Strategic Plans shall only have legal effects after their approval by the Commission

9.   Without prejudice to Article 80, amendments to CAP Strategic Plans shall only have legal effects after their approval by the Commission
  and shall be published.

Amendment 1137

Amendment 1137

Proposal for a regulation

Proposal for a regulation

Article 107 a (new)

Article 107 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 107a




  Review of the CAP Strategic Plans




  By 31 December 2025 the Member States shall review their Strategic Plans to ensure that the Strategic Plans are aligned with applicable Union legislation on climate and the environment and submit to the Commission requests to amend their Strategic Plans accordingly. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 107a

Review of the CAP Strategic Plans

By 31 December 2025 the Member States shall review their Strategic Plans to ensure that the Strategic Plans are aligned with applicable Union legislation on climate and the environment and submit to the Commission requests to amend their Strategic Plans accordingly.

Amendment 629

Amendment 629

Proposal for a regulation

Proposal for a regulation

Article 108 — paragraph 2

Article 108 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| This time limit shall not include the period which starts on the date following the date on which the Commission sends its observations or a request for revised documents to the Member State and ends on the date on which the Member State responds to the Commission. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

This time limit shall not include the period which starts on the date following the date on which the Commission sends its observations or a request for revised documents to the Member State and ends on the date on which the Member State responds to the Commission.

This time limit shall not include the period which starts on the date following the date on which the Commission sends its observations or a request for revised documents to the Member State and ends on the date on which the Member State responds to the Commission.

deleted

deleted

Amendment 630

Amendment 630

Proposal for a regulation

Proposal for a regulation

Article 109 — paragraph 1 — point c

Article 109 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the frequency with which the CAP Strategic Plans are to be submitted during the programming period, including the determination of exceptional cases for which the maximum number of amendments referred to in Article
  107 (7)
  does not count. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the frequency with which the CAP Strategic Plans are to be submitted during the programming period, including the determination of exceptional cases for which the maximum number of amendments referred to in Article
  107 (7)
  does not count.

107 (7)

| (c) | the frequency with which
  amendments to
  the CAP Strategic Plans are to be submitted during the programming period
  of application of the CAP Strategic Plans
  , including the determination of exceptional cases for which the maximum number of amendments referred to in Article
  107(7)
  does not count. |
| --- | --- |

(c)

the frequency with which
  amendments to
  the CAP Strategic Plans are to be submitted during the programming period
  of application of the CAP Strategic Plans
  , including the determination of exceptional cases for which the maximum number of amendments referred to in Article
  107(7)
  does not count.

amendments to

of application of the CAP Strategic Plans

107(7)

Amendment 631

Amendment 631

Proposal for a regulation

Proposal for a regulation

Article 110 — paragraph 1 a (new)

Article 110 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Without prejudice to the provisions of the first subparagraph of paragraph 1, Member States may also establish regional authorities for the implementation and management of interventions financed by the EAFRD within the framework of their national Strategic Plans where such interventions have a regional scope. In that event, the national Managing Authority shall appoint a national coordination body for the EAFRD that will ensure the uniform application of Union rules, ensuring consistency with the elements of the Strategic Plan laid down at national level, in accordance with the second subparagraph of Article 93. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Without prejudice to the provisions of the first subparagraph of paragraph 1, Member States may also establish regional authorities for the implementation and management of interventions financed by the EAFRD within the framework of their national Strategic Plans where such interventions have a regional scope. In that event, the national Managing Authority shall appoint a national coordination body for the EAFRD that will ensure the uniform application of Union rules, ensuring consistency with the elements of the Strategic Plan laid down at national level, in accordance with the second subparagraph of Article 93.

Amendment 736 cp2

Amendment 736 cp2

Proposal for a regulation

Proposal for a regulation

Article 110 — paragraph 2 — introductory part

Article 110 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Managing Authority shall be responsible for managing and implementing the CAP Strategic Plan in an efficient, effective and correct way. In particular,
  it
  shall ensure that: | 2.   The Managing Authority shall be responsible for managing and implementing the CAP Strategic Plan in an efficient, effective and correct way
  and, where appropriate, in association with the regional managing authorities for regional intervention programs
  . In particular,
  they
  shall ensure that: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Managing Authority shall be responsible for managing and implementing the CAP Strategic Plan in an efficient, effective and correct way. In particular,
  it
  shall ensure that:

2.   The Managing Authority shall be responsible for managing and implementing the CAP Strategic Plan in an efficient, effective and correct way
  and, where appropriate, in association with the regional managing authorities for regional intervention programs
  . In particular,
  they
  shall ensure that:

Amendments 632 and 736cp3

Amendments 632 and 736cp3

Proposal for a regulation

Proposal for a regulation

Article 110 — paragraph 2 — point g

Article 110 — paragraph 2 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | the
  annual
  performance report is drawn up, including aggregate monitoring tables, and, after consultation of the Monitoring Committee, is submitted to the Commission; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

the
  annual
  performance report is drawn up, including aggregate monitoring tables, and, after consultation of the Monitoring Committee, is submitted to the Commission;

annual

| (g) | the
  monitoring
  performance report is drawn up, including aggregate monitoring tables, and, after consultation of the Monitoring Committee, is submitted to the Commission; |
| --- | --- |

(g)

the
  monitoring
  performance report is drawn up, including aggregate monitoring tables, and, after consultation of the Monitoring Committee, is submitted to the Commission;

monitoring

Amendments 633 and 736cp4

Amendments 633 and 736cp4

Proposal for a regulation

Proposal for a regulation

Article 110 — paragraph 2 — point h

Article 110 — paragraph 2 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | relevant follow-up actions on Commission's observations on the
  annual
  performance reports are taken; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

relevant follow-up actions on Commission's observations on the
  annual
  performance reports are taken;

annual

| (h) | relevant follow-up actions on Commission's observations on the performance reports are taken; |
| --- | --- |

(h)

relevant follow-up actions on Commission's observations on the performance reports are taken;

Amendment 736cp5

Amendment 736cp5

Proposal for a regulation

Proposal for a regulation

Article 110 — paragraph 3

Article 110 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Member State or the Managing Authority may designate one or more intermediate bodies including local authorities, regional development bodies or non-governmental organisations, to carry out the management and implementation of CAP Strategic Plan interventions. | 3.   The Member State or the Managing Authority
  or, where appropriate, the regional managing authorities
  may designate one or more intermediate bodies including local authorities, regional development bodies or non-governmental organisations, to carry out the management and implementation of CAP Strategic Plan interventions |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Member State or the Managing Authority may designate one or more intermediate bodies including local authorities, regional development bodies or non-governmental organisations, to carry out the management and implementation of CAP Strategic Plan interventions.

3.   The Member State or the Managing Authority
  or, where appropriate, the regional managing authorities
  may designate one or more intermediate bodies including local authorities, regional development bodies or non-governmental organisations, to carry out the management and implementation of CAP Strategic Plan interventions

Amendments 634 and 736cp6

Amendments 634 and 736cp6

Proposal for a regulation

Proposal for a regulation

Article 110 — paragraph 5 — subparagraph 1

Article 110 — paragraph 5 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission
  shall be
  empowered to adopt delegated acts in accordance with Article 138, supplementing this Regulation with detailed rules on the application of the information, publicity and visibility requirements referred to in points (j) and (k) of paragraph 2. | The Commission
  is
  empowered to adopt delegated acts in accordance with Article 138, supplementing this Regulation with detailed rules on the application of the information, publicity and visibility requirements referred to in points (j) and (k) of paragraph 2. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission
  shall be
  empowered to adopt delegated acts in accordance with Article 138, supplementing this Regulation with detailed rules on the application of the information, publicity and visibility requirements referred to in points (j) and (k) of paragraph 2.

shall be

The Commission
  is
  empowered to adopt delegated acts in accordance with Article 138, supplementing this Regulation with detailed rules on the application of the information, publicity and visibility requirements referred to in points (j) and (k) of paragraph 2.

is

Amendments 635 and 736cp7

Amendments 635 and 736cp7

Proposal for a regulation

Proposal for a regulation

Article 110 — paragraph 5 — subparagraph 2

Article 110 — paragraph 5 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2).

deleted

deleted

Amendment 636

Amendment 636

Proposal for a regulation

Proposal for a regulation

Article 110 a (new)

Article 110 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 110a




  Mediation Body




  Without prejudice to national rules on administrative and judicial review, Member States shall designate a functionally independent Mediation Body in charge of re-examining the decisions taken by the competent authorities. Those bodies, at the request of beneficiaries, shall endeavour to reach solutions agreed upon by the parties concerned. They shall provide the required expertise and representation of authorities and stakeholders. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 110a

Mediation Body

Without prejudice to national rules on administrative and judicial review, Member States shall designate a functionally independent Mediation Body in charge of re-examining the decisions taken by the competent authorities. Those bodies, at the request of beneficiaries, shall endeavour to reach solutions agreed upon by the parties concerned. They shall provide the required expertise and representation of authorities and stakeholders.

Amendment 637

Amendment 637

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 1 — subparagraph 1

Article 111 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member State shall set up a committee to monitor implementation of the CAP Strategic Plan (‘Monitoring Committee’)
  before the submission of the CAP Strategic Plan
  . | The Member State shall set up a 
  national
  committee to monitor implementation of the CAP Strategic Plan (‘Monitoring Committee’)
  and where applicable regional Monitoring Committees
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State shall set up a committee to monitor implementation of the CAP Strategic Plan (‘Monitoring Committee’)
  before the submission of the CAP Strategic Plan
  .

before the submission of the CAP Strategic Plan

The Member State shall set up a 
  national
  committee to monitor implementation of the CAP Strategic Plan (‘Monitoring Committee’)
  and where applicable regional Monitoring Committees
  .

national

and where applicable regional Monitoring Committees

Amendment 638

Amendment 638

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 1 — subparagraph 2

Article 111 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Each Monitoring Committee shall adopt its rules of procedure. | Each Monitoring Committee shall adopt its rules of procedure.
  The national Monitoring Committee shall adopt its own rules in cooperation with the regional Monitoring Committees
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Each Monitoring Committee shall adopt its rules of procedure.

Each Monitoring Committee shall adopt its rules of procedure.
  The national Monitoring Committee shall adopt its own rules in cooperation with the regional Monitoring Committees
  .

The national Monitoring Committee shall adopt its own rules in cooperation with the regional Monitoring Committees

Amendment 639

Amendment 639

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 1 — subparagraph 3

Article 111 — paragraph 1 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Monitoring Committee shall meet at least once a year and shall review all issues that affect the CAP Strategic Plan progress towards achieving its targets. | The Monitoring Committee shall meet at least once a year and shall review all issues that affect the CAP Strategic Plan progress towards achieving its targets
  under their own competence
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Monitoring Committee shall meet at least once a year and shall review all issues that affect the CAP Strategic Plan progress towards achieving its targets.

The Monitoring Committee shall meet at least once a year and shall review all issues that affect the CAP Strategic Plan progress towards achieving its targets
  under their own competence
  .

under their own competence

Amendment 640

Amendment 640

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 1 — subparagraph 4

Article 111 — paragraph 1 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member State shall publish the rules of procedures of the Monitoring
  Committee and all the data and information shared with the Monitoring Committee online
  . | The Member State shall publish the rules of procedures
  and the opinions
  of the Monitoring
  Committees and transmit them to the Commission
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State shall publish the rules of procedures of the Monitoring
  Committee and all the data and information shared with the Monitoring Committee online
  .

Committee and all the data and information shared with the Monitoring Committee online

The Member State shall publish the rules of procedures
  and the opinions
  of the Monitoring
  Committees and transmit them to the Commission
  .

and the opinions

Committees and transmit them to the Commission

Amendment 641

Amendment 641

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 2 — subparagraph 1

Article 111 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member State shall decide the composition of the Monitoring
  Committee
  and shall ensure a balanced representation of the relevant public authorities and intermediate bodies and of representatives of the partners referred to in Article 94(3). | The Member State
  and, where applicable, the regions
  shall decide the composition of the Monitoring
  Committees having due regard to the prevention of conflicts of interest,
  and shall ensure a balanced representation of the relevant public authorities and intermediate bodies and of representatives of the partners referred to in Article 94(3)
  that are relevant for the implementation of all objectives of Article 6(1)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State shall decide the composition of the Monitoring
  Committee
  and shall ensure a balanced representation of the relevant public authorities and intermediate bodies and of representatives of the partners referred to in Article 94(3).

Committee

The Member State
  and, where applicable, the regions
  shall decide the composition of the Monitoring
  Committees having due regard to the prevention of conflicts of interest,
  and shall ensure a balanced representation of the relevant public authorities and intermediate bodies and of representatives of the partners referred to in Article 94(3)
  that are relevant for the implementation of all objectives of Article 6(1)
  .

and, where applicable, the regions

Committees having due regard to the prevention of conflicts of interest,

that are relevant for the implementation of all objectives of Article 6(1)

Amendment 642

Amendment 642

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 2 — subparagraph 3

Article 111 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member State shall publish the list of the members of the Monitoring Committee online. | The Member State shall publish the list of the members of the Monitoring Committee online
  and Member States shall notify it to the Commission
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State shall publish the list of the members of the Monitoring Committee online.

The Member State shall publish the list of the members of the Monitoring Committee online
  and Member States shall notify it to the Commission
  .

and Member States shall notify it to the Commission

Amendment 643

Amendment 643

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 3 — introductory part

Article 111 — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Monitoring
  Committee
  shall examine in particular: | 3.   The Monitoring
  Committees
  shall examine in particular: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Monitoring
  Committee
  shall examine in particular:

3.   The Monitoring
  Committees
  shall examine in particular:

Amendment 645

Amendment 645

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 3 — point d a (new)

Article 111 — paragraph 3 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | relevant information supplied by the CAP national network; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

relevant information supplied by the CAP national network;

relevant information supplied by the CAP national network;

Amendment 646

Amendment 646

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 3 — point f a (new)

Article 111 — paragraph 3 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | the performance reports; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fa)

(fa)

the performance reports;

the performance reports;

Amendment 647

Amendment 647

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 3 — point f b (new)

Article 111 — paragraph 3 — point f b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fb) | progress towards simplification and reduction of administrative burden for final beneficiaries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fb)

(fb)

progress towards simplification and reduction of administrative burden for final beneficiaries.

progress towards simplification and reduction of administrative burden for final beneficiaries.

Amendment 648

Amendment 648

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 4 — point a

Article 111 — paragraph 4 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | draft CAP Strategic Plan; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

(a)

draft CAP Strategic Plan;

draft CAP Strategic Plan;

deleted

deleted

Amendment 649

Amendment 649

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 4 — point c

Article 111 — paragraph 4 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the
  annual
  performance reports; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the
  annual
  performance reports;

annual

| (c) | the performance reports; |
| --- | --- |

(c)

the performance reports;

Amendment 650

Amendment 650

Proposal for a regulation

Proposal for a regulation

Article 111 — paragraph 4 a (new)

Article 111 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  The Monitoring Committees may ask the national CAP network for information and analysis relating to specific interventions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  The Monitoring Committees may ask the national CAP network for information and analysis relating to specific interventions.

Amendment 651

Amendment 651

Proposal for a regulation

Proposal for a regulation

Article 113 — paragraph 1

Article 113 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Each Member State shall establish a national Common Agricultural Policy Network (national CAP network) for the networking of organisations and administrations, advisors, researchers
  and
  other innovation actors in the field of agriculture and rural development at national level at the latest 12 months after the approval by the Commission of the CAP Strategic Plan. | 1.   Each Member State shall establish a national Common Agricultural Policy Network (national CAP network) for the networking of organisations
  , representatives of the agricultural sectors
  and administrations, advisors, researchers, other innovation
  actors and other
  actors in the field of agriculture and rural development at national level at the latest 12 months after the approval by the Commission of the CAP Strategic Plan.
  The national CAP network shall build on the existing networking structures in the Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Each Member State shall establish a national Common Agricultural Policy Network (national CAP network) for the networking of organisations and administrations, advisors, researchers
  and
  other innovation actors in the field of agriculture and rural development at national level at the latest 12 months after the approval by the Commission of the CAP Strategic Plan.

1.   Each Member State shall establish a national Common Agricultural Policy Network (national CAP network) for the networking of organisations
  , representatives of the agricultural sectors
  and administrations, advisors, researchers, other innovation
  actors and other
  actors in the field of agriculture and rural development at national level at the latest 12 months after the approval by the Commission of the CAP Strategic Plan.
  The national CAP network shall build on the existing networking structures in the Member States.

Amendment 652

Amendment 652

Proposal for a regulation

Proposal for a regulation

Article 113 — paragraph 4 — point j

Article 113 — paragraph 4 — point j

| Text proposed by the Commission | Amendment |
| --- | --- |
| (j) | in the case of national CAP networks, participating in and contributing to the activities of the European CAP network. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(j)

in the case of national CAP networks, participating in and contributing to the activities of the European CAP network.

| (j) | in the case of national CAP networks, participating in and contributing to the activities of the European CAP network; |
| --- | --- |

(j)

in the case of national CAP networks, participating in and contributing to the activities of the European CAP network;

Amendment 653

Amendment 653

Proposal for a regulation

Proposal for a regulation

Article 113 — paragraph 4 — point j a (new)

Article 113 — paragraph 4 — point j a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ja) | in the case of the European CAP Networks, participating in and contributing to the activities of the national networks; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ja)

(ja)

in the case of the European CAP Networks, participating in and contributing to the activities of the national networks;

in the case of the European CAP Networks, participating in and contributing to the activities of the national networks;

Amendment 654

Amendment 654

Proposal for a regulation

Proposal for a regulation

Article 113 — paragraph 4 — point j b (new)

Article 113 — paragraph 4 — point j b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (jb) | providing the information requested by the Monitoring Committees referred to in Article 111. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(jb)

(jb)

providing the information requested by the Monitoring Committees referred to in Article 111.

providing the information requested by the Monitoring Committees referred to in Article 111.

Amendment 655

Amendment 655

Proposal for a regulation

Proposal for a regulation

Article 114 — paragraph 2

Article 114 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The aim of the EIP shall be to stimulate innovation and improve the exchange of knowledge. | 2.   The aim of the EIP shall be to stimulate
  sustainable
  innovation and improve the exchange of knowledge. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The aim of the EIP shall be to stimulate innovation and improve the exchange of knowledge.

2.   The aim of the EIP shall be to stimulate
  sustainable
  innovation and improve the exchange of knowledge.

Amendment 656

Amendment 656

Proposal for a regulation

Proposal for a regulation

Article 114 — paragraph 4 — subparagraph 1 — point c

Article 114 — paragraph 4 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | promote the faster and wider transposition of innovative solutions into practice; and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

promote the faster and wider transposition of innovative solutions into practice; and

| (c) | promote the faster and wider transposition of innovative solutions into practice
  , including farmer-to-farmer exchange
  ; and |
| --- | --- |

(c)

promote the faster and wider transposition of innovative solutions into practice
  , including farmer-to-farmer exchange
  ; and

, including farmer-to-farmer exchange

Amendment 657

Amendment 657

Proposal for a regulation

Proposal for a regulation

Article 114 — paragraph 4 — subparagraph 1 — point d

Article 114 — paragraph 4 — subparagraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | inform the scientific community about the research needs of farming practice. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

inform the scientific community about the research needs of farming practice.

| (d) | inform the scientific community about the research needs of farming practice
  and farmers
  . |
| --- | --- |

(d)

inform the scientific community about the research needs of farming practice
  and farmers
  .

and farmers

Amendment 658

Amendment 658

Proposal for a regulation

Proposal for a regulation

Article 114 — paragraph 4 — subparagraph 2 — introductory part

Article 114 — paragraph 4 — subparagraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| EIP Operational Groups shall
  form part of
  the EIP. They shall draw up a plan for innovative projects to be developed, tested, adapted or implemented shall be based on the interactive innovation model which has as key principles: | EIP Operational Groups shall
  be formed to deliver
  the EIP
  , and may be formed, inter alia, by producer and interbranch organisations, and may be formed by members from different Member States
  . They shall draw up a plan for innovative projects to be developed, tested, adapted or implemented shall be based on the interactive innovation model which has as key principles: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

EIP Operational Groups shall
  form part of
  the EIP. They shall draw up a plan for innovative projects to be developed, tested, adapted or implemented shall be based on the interactive innovation model which has as key principles:

form part of

EIP Operational Groups shall
  be formed to deliver
  the EIP
  , and may be formed, inter alia, by producer and interbranch organisations, and may be formed by members from different Member States
  . They shall draw up a plan for innovative projects to be developed, tested, adapted or implemented shall be based on the interactive innovation model which has as key principles:

be formed to deliver

, and may be formed, inter alia, by producer and interbranch organisations, and may be formed by members from different Member States

Amendment 659

Amendment 659

Proposal for a regulation

Proposal for a regulation

Article 114 — paragraph 4 — subparagraph 2 — point a

Article 114 — paragraph 4 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | developing innovative solutions focusing on farmers' or foresters' needs while also tackling the interactions across the supply chain where useful; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

developing innovative solutions focusing on farmers' or foresters' needs while also tackling the interactions across the supply chain where useful;

| (a) | developing innovative solutions focusing on farmers' or foresters' needs while also tackling the interactions across the supply chain where useful
  and also taking into account the interests of consumers
  ; |
| --- | --- |

(a)

developing innovative solutions focusing on farmers' or foresters' needs while also tackling the interactions across the supply chain where useful
  and also taking into account the interests of consumers
  ;

and also taking into account the interests of consumers

Amendment 660

Amendment 660

Proposal for a regulation

Proposal for a regulation

Article 114 — paragraph 4 — subparagraph 3

Article 114 — paragraph 4 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The envisaged innovation may be based on new but also on traditional practices in a new geographical or environmental context. | The envisaged innovation may be based on new but also on traditional
  and agro-ecological
  practices in a new geographical or environmental context. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The envisaged innovation may be based on new but also on traditional practices in a new geographical or environmental context.

The envisaged innovation may be based on new but also on traditional
  and agro-ecological
  practices in a new geographical or environmental context.

and agro-ecological

Amendment 661

Amendment 661

Proposal for a regulation

Proposal for a regulation

Article 114 — paragraph 4 — subparagraph 4

Article 114 — paragraph 4 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| Operational Groups shall disseminate their plans and the results of their projects, in particular through the CAP networks. | Operational Groups shall disseminate their plans and the results of their projects, in particular through the CAP networks
  , and shall be able to have members from more than one Member State
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Operational Groups shall disseminate their plans and the results of their projects, in particular through the CAP networks.

Operational Groups shall disseminate their plans and the results of their projects, in particular through the CAP networks
  , and shall be able to have members from more than one Member State
  .

, and shall be able to have members from more than one Member State

Amendment 662

Amendment 662

Proposal for a regulation

Proposal for a regulation

Article 115 — paragraph 2 — point a

Article 115 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | a set of common context, output, result and impact indicators
  , including those
  referred to in Article 7 which will be used as the basis for monitoring, evaluation and the
  annual
  performance reporting; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

a set of common context, output, result and impact indicators
  , including those
  referred to in Article 7 which will be used as the basis for monitoring, evaluation and the
  annual
  performance reporting;

, including those

annual

| (a) | a set of common context, output, result and impact indicators
  as
  referred to in Article 7 which will be used as the basis for monitoring, evaluation and the performance reporting; |
| --- | --- |

(a)

a set of common context, output, result and impact indicators
  as
  referred to in Article 7 which will be used as the basis for monitoring, evaluation and the performance reporting;

as

Amendment 663

Amendment 663

Proposal for a regulation

Proposal for a regulation

Article 115 — paragraph 2 — point b

Article 115 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | targets and annual milestones established in relation to the relevant specific objective using result indicators; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

targets and annual milestones established in relation to the relevant specific objective using result indicators;

| (b) | targets and annual
  , or where relevant, multiannual
  milestones established in relation to the relevant specific objective using result indicators; |
| --- | --- |

(b)

targets and annual
  , or where relevant, multiannual
  milestones established in relation to the relevant specific objective using result indicators;

, or where relevant, multiannual

Amendment 664

Amendment 664

Proposal for a regulation

Proposal for a regulation

Article 115 — paragraph 3

Article 115 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The performance framework shall cover: | 3.   The performance framework shall cover
  the content of the CAP Strategic Plans including, where appropriate, the regional intervention programmes. |
| (a) | the content of CAP Strategic Plans; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The performance framework shall cover:

3.   The performance framework shall cover
  the content of the CAP Strategic Plans including, where appropriate, the regional intervention programmes.

(a)

(a)

the content of CAP Strategic Plans;

the content of CAP Strategic Plans;

| (b) | the market measures and other interventions provided for in Regulation (EU) No 1308/2013. |
| --- | --- |

(b)

(b)

the market measures and other interventions provided for in Regulation (EU) No 1308/2013.

the market measures and other interventions provided for in Regulation (EU) No 1308/2013.

Amendment 665

Amendment 665

Proposal for a regulation

Proposal for a regulation

Article 116 — paragraph 1 — point a

Article 116 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | assess the impact, effectiveness, efficiency, relevance, coherence and Union added value of the CAP; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

assess the impact, effectiveness, efficiency, relevance, coherence and Union added value of the CAP;

| (a) | assess the impact, effectiveness, efficiency, relevance, coherence and Union added value of the CAP
  as well ad simplification for beneficiaries
  ; |
| --- | --- |

(a)

assess the impact, effectiveness, efficiency, relevance, coherence and Union added value of the CAP
  as well ad simplification for beneficiaries
  ;

as well ad simplification for beneficiaries

Amendment 666

Amendment 666

Proposal for a regulation

Proposal for a regulation

Article 116 — paragraph 1 — point e

Article 116 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | support a common learning process related to monitoring and evaluation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

support a common learning process related to monitoring and evaluation.

| (e) | support a common learning process related to monitoring and evaluation
  , taking into account areas where baseline data is missing or insufficient and for which more relevant and accurate indicators can be developed
  . |
| --- | --- |

(e)

support a common learning process related to monitoring and evaluation
  , taking into account areas where baseline data is missing or insufficient and for which more relevant and accurate indicators can be developed
  .

, taking into account areas where baseline data is missing or insufficient and for which more relevant and accurate indicators can be developed

Amendment 667

Amendment 667

Proposal for a regulation

Proposal for a regulation

Article 117 — paragraph 1

Article 117 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall establish an electronic information system in which they shall record and maintain key information on the implementation of the CAP Strategic Plan that is needed for monitoring and evaluation, in particular on each intervention selected for funding, as well as on completed interventions, including information on each beneficiary and operation. | Member States shall establish an electronic information system
  or use an existing one
  in which they shall record and maintain key information on the implementation of the CAP Strategic Plan that is needed for monitoring and evaluation, in particular on each intervention selected for funding, as well as on completed interventions, including information on each beneficiary and operation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall establish an electronic information system in which they shall record and maintain key information on the implementation of the CAP Strategic Plan that is needed for monitoring and evaluation, in particular on each intervention selected for funding, as well as on completed interventions, including information on each beneficiary and operation.

Member States shall establish an electronic information system
  or use an existing one
  in which they shall record and maintain key information on the implementation of the CAP Strategic Plan that is needed for monitoring and evaluation, in particular on each intervention selected for funding, as well as on completed interventions, including information on each beneficiary and operation.

or use an existing one

Amendment 668

Amendment 668

Proposal for a regulation

Proposal for a regulation

Article 118 — paragraph 1

Article 118 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall ensure that beneficiaries of support under the CAP Strategic Plan interventions and local action groups shall undertake to provide to the Managing Authority or other bodies delegated to perform functions on its behalf, all the information necessary for the purpose of monitoring and evaluation of the CAP Strategic Plan. | Member States shall ensure that beneficiaries of support under the CAP Strategic Plan interventions and local action groups shall undertake to provide to the Managing Authority
  , or regional Managing Authorities
  or other bodies delegated to perform functions on its behalf, all the information necessary for the purpose of monitoring and evaluation of the CAP Strategic Plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall ensure that beneficiaries of support under the CAP Strategic Plan interventions and local action groups shall undertake to provide to the Managing Authority or other bodies delegated to perform functions on its behalf, all the information necessary for the purpose of monitoring and evaluation of the CAP Strategic Plan.

Member States shall ensure that beneficiaries of support under the CAP Strategic Plan interventions and local action groups shall undertake to provide to the Managing Authority
  , or regional Managing Authorities
  or other bodies delegated to perform functions on its behalf, all the information necessary for the purpose of monitoring and evaluation of the CAP Strategic Plan.

, or regional Managing Authorities

Amendment 669

Amendment 669

Proposal for a regulation

Proposal for a regulation

Article 118 — paragraph 2

Article 118 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall ensure that comprehensive,
  complete,
  timely and reliable data sources are established to enable effective follow-up of policy progress towards objectives using output, result and impact indicators. | Member States shall ensure that comprehensive, timely and reliable data sources
  , including databases,
  are established to enable effective follow-up of policy progress towards objectives using output, result and impact indicators. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall ensure that comprehensive,
  complete,
  timely and reliable data sources are established to enable effective follow-up of policy progress towards objectives using output, result and impact indicators.

complete,

Member States shall ensure that comprehensive, timely and reliable data sources
  , including databases,
  are established to enable effective follow-up of policy progress towards objectives using output, result and impact indicators.

, including databases,

Amendment 670

Amendment 670

Proposal for a regulation

Proposal for a regulation

Article 119 — paragraph 1

Article 119 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Managing Authority
  and
  the Monitoring Committee shall monitor the implementation of the CAP Strategic Plan and progress made towards achieving the targets of the CAP Strategic Plan on the basis of the output and result indicators. | The Managing Authority
  as well as
  the Monitoring Committee shall monitor the implementation of the CAP Strategic Plan and progress made towards achieving the targets of the CAP Strategic Plan on the basis of the output and result indicators
  , in collaboration, where applicable, with regional Managing Authorities and regional Monitoring Committees
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Managing Authority
  and
  the Monitoring Committee shall monitor the implementation of the CAP Strategic Plan and progress made towards achieving the targets of the CAP Strategic Plan on the basis of the output and result indicators.

and

The Managing Authority
  as well as
  the Monitoring Committee shall monitor the implementation of the CAP Strategic Plan and progress made towards achieving the targets of the CAP Strategic Plan on the basis of the output and result indicators
  , in collaboration, where applicable, with regional Managing Authorities and regional Monitoring Committees
  .

as well as

, in collaboration, where applicable, with regional Managing Authorities and regional Monitoring Committees

Amendment 671

Amendment 671

Proposal for a regulation

Proposal for a regulation

Article 120 — title

Article 120 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Implementing
  powers for the performance framework | Delegated
  powers for the performance framework |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Implementing
  powers for the performance framework

Implementing

Delegated
  powers for the performance framework

Delegated

Amendment 672

Amendment 672

Proposal for a regulation

Proposal for a regulation

Article 120 — paragraph 1

Article 120 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall adopt
  implementing acts on
  the content of the performance framework. Such acts shall include the list of context indicators, other indicators needed for the appropriate monitoring and evaluation of the policy, the methods for the calculation of indicators and the necessary provisions to guarantee accuracy and reliability of the data collected by Member States. Those
  implementing
  acts shall be adopted in accordance with
  the examination procedure referred to in
  Article
  139(2)
  . | The Commission shall adopt
  delegated acts supplementing this Regulation by determining
  the content of the performance framework. Such acts shall include the list of context indicators, other indicators needed for the appropriate monitoring and evaluation of the policy, the methods for the calculation of indicators and the necessary provisions to guarantee accuracy and reliability of the data collected by Member States. Those
  delegated
  acts shall be adopted in accordance with Article
  138
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall adopt
  implementing acts on
  the content of the performance framework. Such acts shall include the list of context indicators, other indicators needed for the appropriate monitoring and evaluation of the policy, the methods for the calculation of indicators and the necessary provisions to guarantee accuracy and reliability of the data collected by Member States. Those
  implementing
  acts shall be adopted in accordance with
  the examination procedure referred to in
  Article
  139(2)
  .

implementing acts on

implementing

the examination procedure referred to in

139(2)

The Commission shall adopt
  delegated acts supplementing this Regulation by determining
  the content of the performance framework. Such acts shall include the list of context indicators, other indicators needed for the appropriate monitoring and evaluation of the policy, the methods for the calculation of indicators and the necessary provisions to guarantee accuracy and reliability of the data collected by Member States. Those
  delegated
  acts shall be adopted in accordance with Article
  138
  .

delegated acts supplementing this Regulation by determining

delegated

138

Amendment 673

Amendment 673

Proposal for a regulation

Proposal for a regulation

Article 121 — title

Article 121 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Annual
  performance reports | Performance reports |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Annual
  performance reports

Annual

Performance reports

Amendment 674

Amendment 674

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 1

Article 121 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  By 15 February 2023 and 15 February of each subsequent year until and including 2030, the
  Member States shall submit to the Commission
  an annual
  performance
  report
  on the implementation of the CAP Strategic Plan in
  the previous financial year. The report submitted in 2023 shall cover the financial years 2021 and 2022. For direct payments as referred to in Chapter II of Title III, the report shall cover only financial year 2022
  . | 1.   Member States shall submit to the Commission performance
  reports
  on the implementation of the CAP Strategic Plan in
  accordance with Article 8 of Regulation (EU) [HzR]
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   
  By 15 February 2023 and 15 February of each subsequent year until and including 2030, the
  Member States shall submit to the Commission
  an annual
  performance
  report
  on the implementation of the CAP Strategic Plan in
  the previous financial year. The report submitted in 2023 shall cover the financial years 2021 and 2022. For direct payments as referred to in Chapter II of Title III, the report shall cover only financial year 2022
  .

1.   Member States shall submit to the Commission performance
  reports
  on the implementation of the CAP Strategic Plan in
  accordance with Article 8 of Regulation (EU) [HzR]
  .

Amendment 675

Amendment 675

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 2

Article 121 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The last
  annual
  performance report, to be submitted
  by 15 February 2030
  , shall comprise a summary of the evaluations carried out during the implementation period. | 2.   The last performance report to be submitted, shall comprise a summary of the evaluations carried out during the implementation period. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The last
  annual
  performance report, to be submitted
  by 15 February 2030
  , shall comprise a summary of the evaluations carried out during the implementation period.

2.   The last performance report to be submitted, shall comprise a summary of the evaluations carried out during the implementation period.

Amendment 676

Amendment 676

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 3

Article 121 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   In order to be admissible, the
  annual
  performance report shall contain all the information required in paragraphs 4, 5 and 6. The Commission shall inform the Member State within 15 working days of the date of receipt of the
  annual
  performance report if it is not admissible, failing which it shall be deemed admissible. | 3.   In order to be admissible, the performance report shall contain all the information required in paragraphs 4, 5 and 6. The Commission shall inform the Member State within 15 working days of the date of receipt of the performance report if it is not admissible, failing which it shall be deemed admissible. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   In order to be admissible, the
  annual
  performance report shall contain all the information required in paragraphs 4, 5 and 6. The Commission shall inform the Member State within 15 working days of the date of receipt of the
  annual
  performance report if it is not admissible, failing which it shall be deemed admissible.

3.   In order to be admissible, the performance report shall contain all the information required in paragraphs 4, 5 and 6. The Commission shall inform the Member State within 15 working days of the date of receipt of the performance report if it is not admissible, failing which it shall be deemed admissible.

Amendment 677

Amendment 677

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 4 — subparagraph 1

Article 121 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Annual
  performance reports shall set out key qualitative and quantitative information the implementation of the CAP Strategic Plan by reference to financial data, output and result indicators and in accordance with the second paragraph of Article 118. They shall also include information about realised outputs, realised expenditure, realised results and distance to respective targets. | Performance reports shall set out key qualitative and quantitative information
  regarding
  the implementation of the CAP Strategic Plan by reference to financial data, output and result indicators and in accordance with the second paragraph of Article 118. They shall also include information about realised outputs, realised expenditure, realised results and distance to respective targets. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Annual
  performance reports shall set out key qualitative and quantitative information the implementation of the CAP Strategic Plan by reference to financial data, output and result indicators and in accordance with the second paragraph of Article 118. They shall also include information about realised outputs, realised expenditure, realised results and distance to respective targets.

Annual

Performance reports shall set out key qualitative and quantitative information
  regarding
  the implementation of the CAP Strategic Plan by reference to financial data, output and result indicators and in accordance with the second paragraph of Article 118. They shall also include information about realised outputs, realised expenditure, realised results and distance to respective targets.

regarding

Amendment 678

Amendment 678

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 4 — subparagraph 2

Article 121 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the types of interventions which are not subject to Article 89 of this Regulation, and where the realised output and the realised expenditure ratio deviates by 50 % from the annual planned output and expenditure ratio, the Member State shall submit a justification for this deviation. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the types of interventions which are not subject to Article 89 of this Regulation, and where the realised output and the realised expenditure ratio deviates by 50 % from the annual planned output and expenditure ratio, the Member State shall submit a justification for this deviation.

For the types of interventions which are not subject to Article 89 of this Regulation, and where the realised output and the realised expenditure ratio deviates by 50 % from the annual planned output and expenditure ratio, the Member State shall submit a justification for this deviation.

deleted

deleted

Amendment 679

Amendment 679

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 5

Article 121 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The data transmitted shall relate to achieved values for indicators for partial and fully implemented interventions. They shall also set out a synthesis of the state of implementation of the CAP Strategic Plan realised
  during the previous financial year
  , any issues which affect the performance of the CAP Strategic Plan, in particular as regards deviations from milestones, giving reasons and, where relevant, describing the measures taken. | 5.   The data transmitted shall relate to achieved values for indicators for partial and fully implemented interventions. They shall also set out a synthesis of the state of implementation of the CAP Strategic Plan realised, any issues which affect the performance of the CAP Strategic Plan, in particular as regards deviations from milestones, giving reasons and, where relevant, describing the measures taken. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The data transmitted shall relate to achieved values for indicators for partial and fully implemented interventions. They shall also set out a synthesis of the state of implementation of the CAP Strategic Plan realised
  during the previous financial year
  , any issues which affect the performance of the CAP Strategic Plan, in particular as regards deviations from milestones, giving reasons and, where relevant, describing the measures taken.

5.   The data transmitted shall relate to achieved values for indicators for partial and fully implemented interventions. They shall also set out a synthesis of the state of implementation of the CAP Strategic Plan realised, any issues which affect the performance of the CAP Strategic Plan, in particular as regards deviations from milestones, giving reasons and, where relevant, describing the measures taken.

Amendment 680

Amendment 680

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 7

Article 121 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.
     
  The Commission shall carry out an annual performance review and an annual performance clearance referred to in Article [52] of the Regulation (EU) [HzR] based on the information provided in the annual Performance reports. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.
     
  The Commission shall carry out an annual performance review and an annual performance clearance referred to in Article [52] of the Regulation (EU) [HzR] based on the information provided in the annual Performance reports.

deleted

deleted

Amendment 681

Amendment 681

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 8 — subparagraph 1

Article 121 — paragraph 8 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| In the annual
  performance review
  , the Commission
  may make observations
  on the annual performance reports
  within one month from their submission. Where the Commission does not provide observations within that deadline, the reports shall be deemed to be accepted. | The Commission shall carry out a
  performance review
  based on the information provided in the performance reports and
  may make observations within
  a maximum of
  one month from their
  complete
  submission. Where the Commission does not provide observations within that deadline, the reports shall be deemed to be accepted. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In the annual
  performance review
  , the Commission
  may make observations
  on the annual performance reports
  within one month from their submission. Where the Commission does not provide observations within that deadline, the reports shall be deemed to be accepted.

In the annual

, the Commission

on the annual performance reports

The Commission shall carry out a
  performance review
  based on the information provided in the performance reports and
  may make observations within
  a maximum of
  one month from their
  complete
  submission. Where the Commission does not provide observations within that deadline, the reports shall be deemed to be accepted.

The Commission shall carry out a

based on the information provided in the performance reports and

a maximum of

complete

Amendment 682

Amendment 682

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 9

Article 121 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9.   Where the reported value of one or more result indicators reveals a gap of more than 25 % from the respective milestone for the reporting year concerned, the Commission may ask the Member State to submit an action plan in accordance with Article 39(1) of Regulation (EU) [HzR], describing the intended remedial actions and the expected timeframe. | 9.   Where the reported value of one or more result indicators reveals a gap of more than 25 % from the respective milestone for the reporting year concerned,
  Member States shall submit justification for that gap. Where necessary,
  the Commission may ask the Member State to submit an action plan
  to be established in consultation with the Commission
  in accordance with Article 39(1) of Regulation (EU) [HzR], describing the intended remedial actions and the expected timeframe
  for its execution
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.   Where the reported value of one or more result indicators reveals a gap of more than 25 % from the respective milestone for the reporting year concerned, the Commission may ask the Member State to submit an action plan in accordance with Article 39(1) of Regulation (EU) [HzR], describing the intended remedial actions and the expected timeframe.

9.   Where the reported value of one or more result indicators reveals a gap of more than 25 % from the respective milestone for the reporting year concerned,
  Member States shall submit justification for that gap. Where necessary,
  the Commission may ask the Member State to submit an action plan
  to be established in consultation with the Commission
  in accordance with Article 39(1) of Regulation (EU) [HzR], describing the intended remedial actions and the expected timeframe
  for its execution
  .

Amendment 683

Amendment 683

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 10

Article 121 — paragraph 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| 10.   
  The annual
  performance reports
  , as well as a summary
  for citizens
  of their content,
  shall be made available to the public. | 10.   
  A summary of the content of the
  performance reports
  shall be produced
  for citizens
  and
  shall be made available to the public. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10.   
  The annual
  performance reports
  , as well as a summary
  for citizens
  of their content,
  shall be made available to the public.

10.   
  A summary of the content of the
  performance reports
  shall be produced
  for citizens
  and
  shall be made available to the public.

Amendment 684

Amendment 684

Proposal for a regulation

Proposal for a regulation

Article 121 — paragraph 11

Article 121 — paragraph 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| 11.   The Commission shall adopt implementing acts laying down rules for the presentation of the content of the
  annual
  performance report. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2). | 11.   The Commission shall adopt implementing acts laying down rules for the presentation of the content of the performance report. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

11.   The Commission shall adopt implementing acts laying down rules for the presentation of the content of the
  annual
  performance report. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2).

11.   The Commission shall adopt implementing acts laying down rules for the presentation of the content of the performance report. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2).

Amendment 685

Amendment 685

Proposal for a regulation

Proposal for a regulation

Article 122 — title

Article 122 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Annual
  review meetings | Review meetings |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Annual
  review meetings

Annual

Review meetings

Amendment 686

Amendment 686

Proposal for a regulation

Proposal for a regulation

Article 122 — paragraph 1

Article 122 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall organise each year
  an annual
  review meeting with the Commission, to be chaired jointly or by the Commission, which will take place not earlier than two months after the submission of the
  annual
  performance report. | 1.   Member States shall organise each year
  a
  review meeting with the Commission, to be chaired jointly or by the Commission, which will take place not earlier than two months after the submission of the performance report. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall organise each year
  an annual
  review meeting with the Commission, to be chaired jointly or by the Commission, which will take place not earlier than two months after the submission of the
  annual
  performance report.

1.   Member States shall organise each year
  a
  review meeting with the Commission, to be chaired jointly or by the Commission, which will take place not earlier than two months after the submission of the performance report.

Amendment 687

Amendment 687

Proposal for a regulation

Proposal for a regulation

Article 122 — paragraph 2

Article 122 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The
  annual
  review meeting shall aim at examining the performance of each plan, including progress made towards achieving established targets, any issues affecting performance and past or future actions to be taken to address them. | 2.   The review meeting shall aim at examining the performance of each plan, including progress made towards achieving established targets, any issues affecting performance and past or future actions to be taken to address them.
  Those meetings shall be used to examine the impact, where feasible. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The
  annual
  review meeting shall aim at examining the performance of each plan, including progress made towards achieving established targets, any issues affecting performance and past or future actions to be taken to address them.

2.   The review meeting shall aim at examining the performance of each plan, including progress made towards achieving established targets, any issues affecting performance and past or future actions to be taken to address them.
  Those meetings shall be used to examine the impact, where feasible.

Amendment 688

Amendment 688

Proposal for a regulation

Proposal for a regulation

Article 123

Article 123

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 123 | deleted |
| Performance bonus | |
| 1.
     
  A performance bonus may be attributed to Member States in the year 2026 to reward satisfactory performance in relation to the environmental and climate targets provided that the Member State concerned has met the condition set out in Article 124(1). | |
| 2.
     
  The performance bonus shall be equal to 5 % of the amount per Member State for financial year 2027 as set out in Annex IX. | |
| Resources transferred between the EAGF and the EAFRD under Articles 15 and 90 are excluded for the purpose of calculating the performance bonus. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 123

Article 123

deleted

deleted

Performance bonus

Performance bonus

1.
     
  A performance bonus may be attributed to Member States in the year 2026 to reward satisfactory performance in relation to the environmental and climate targets provided that the Member State concerned has met the condition set out in Article 124(1).

2.
     
  The performance bonus shall be equal to 5 % of the amount per Member State for financial year 2027 as set out in Annex IX.

Resources transferred between the EAGF and the EAFRD under Articles 15 and 90 are excluded for the purpose of calculating the performance bonus.

Resources transferred between the EAGF and the EAFRD under Articles 15 and 90 are excluded for the purpose of calculating the performance bonus.

Amendment 689

Amendment 689

Proposal for a regulation

Proposal for a regulation

Article 124

Article 124

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 124 | deleted |
| Attribution of the performance bonus | |
| 1.
     
  Based on the performance review of the year 2026, the performance bonus withheld from a Member State’s allocation following the second paragraph of Article 123 shall be attributed to this Member State if the result indicators applied to the specific environmental- and climate-related objectives set out in points (d), (e) and (f) of Article 6(1) in its CAP Strategic Plan have achieved at least 90 % of their target value for the year 2025. | |
| 2.
     
  The Commission shall within two months of the receipt of the annual performance report in the year 2026 adopt an implementing act without applying the Committee procedure referred to in Article 139 to decide for each Member State whether the respective CAP Strategic Plans have achieved the target values referred to in paragraph 1 of this Article. | |
| 3.
     
  Where the target values referred to in paragraph 1 are achieved, the amount of the performance bonus shall be granted by the Commission to the Member States concerned and considered to be definitely allocated to financial year 2027 on the basis of the decision referred to in paragraph 2. | |
| 4.
     
  Where the target values referred to in paragraph 1 are not achieved, the commitments for financial year 2027 relating to the amount of the performance bonus of the Member States concerned shall not be granted by the Commission. | |
| 5.
     
  When attributing the performance bonus, the Commission may take into consideration cases of force majeure and serious socio-economic crises impeding the achievement of the relevant milestones. | |
| 6.
     
  The Commission shall adopt implementing acts laying down the detailed arrangements to ensure a consistent approach for determining the attribution of the performance bonus to Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2). | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 124

Article 124

deleted

deleted

Attribution of the performance bonus

Attribution of the performance bonus

1.
     
  Based on the performance review of the year 2026, the performance bonus withheld from a Member State’s allocation following the second paragraph of Article 123 shall be attributed to this Member State if the result indicators applied to the specific environmental- and climate-related objectives set out in points (d), (e) and (f) of Article 6(1) in its CAP Strategic Plan have achieved at least 90 % of their target value for the year 2025.

2.
     
  The Commission shall within two months of the receipt of the annual performance report in the year 2026 adopt an implementing act without applying the Committee procedure referred to in Article 139 to decide for each Member State whether the respective CAP Strategic Plans have achieved the target values referred to in paragraph 1 of this Article.

3.
     
  Where the target values referred to in paragraph 1 are achieved, the amount of the performance bonus shall be granted by the Commission to the Member States concerned and considered to be definitely allocated to financial year 2027 on the basis of the decision referred to in paragraph 2.

4.
     
  Where the target values referred to in paragraph 1 are not achieved, the commitments for financial year 2027 relating to the amount of the performance bonus of the Member States concerned shall not be granted by the Commission.

5.
     
  When attributing the performance bonus, the Commission may take into consideration cases of force majeure and serious socio-economic crises impeding the achievement of the relevant milestones.

6.
     
  The Commission shall adopt implementing acts laying down the detailed arrangements to ensure a consistent approach for determining the attribution of the performance bonus to Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2).

Amendment 690

Amendment 690

Proposal for a regulation

Proposal for a regulation

Article 125 — paragraph 1

Article 125 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall carry out ex-ante evaluations to improve the quality of the design of their CAP Strategic Plans. | 1.   Member States
  , and where applicable with the regions,
  shall carry out ex-ante evaluations to improve the quality of the design of their CAP Strategic Plans. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall carry out ex-ante evaluations to improve the quality of the design of their CAP Strategic Plans.

1.   Member States
  , and where applicable with the regions,
  shall carry out ex-ante evaluations to improve the quality of the design of their CAP Strategic Plans.

Amendment 691

Amendment 691

Proposal for a regulation

Proposal for a regulation

Article 125 — paragraph 3 — point g

Article 125 — paragraph 3 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | the suitability of the procedures for monitoring the CAP Strategic Plan and for collecting the data necessary to carry out evaluations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

the suitability of the procedures for monitoring the CAP Strategic Plan and for collecting the data necessary to carry out evaluations;

| (g) | the suitability of the procedures for monitoring the CAP Strategic Plan and for collecting the data necessary
  , including gender-disaggregated data where appropriate,
  to carry out evaluations; |
| --- | --- |

(g)

the suitability of the procedures for monitoring the CAP Strategic Plan and for collecting the data necessary
  , including gender-disaggregated data where appropriate,
  to carry out evaluations;

, including gender-disaggregated data where appropriate,

Amendment 692

Amendment 692

Proposal for a regulation

Proposal for a regulation

Article 126 — paragraph 1

Article 126 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall carry out evaluations of the CAP Strategic Plans shall be carried out by the to improve the quality of the design and implementation of the plans, as well as to assess their effectiveness, efficiency, relevance, coherence, Union added value and impact in relation to their contribution to the CAP general and specific objectives set out in Articles 5 and 6(1). | 1.   Member States
  , and where applicable, with the regions,
  shall carry out evaluations of the CAP Strategic Plans shall be carried out by the to improve the quality of the design and implementation of the plans, as well as to assess their effectiveness, efficiency, relevance, coherence, Union added value and impact in relation to their contribution to the CAP general and specific objectives set out in Articles 5 and 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall carry out evaluations of the CAP Strategic Plans shall be carried out by the to improve the quality of the design and implementation of the plans, as well as to assess their effectiveness, efficiency, relevance, coherence, Union added value and impact in relation to their contribution to the CAP general and specific objectives set out in Articles 5 and 6(1).

1.   Member States
  , and where applicable, with the regions,
  shall carry out evaluations of the CAP Strategic Plans shall be carried out by the to improve the quality of the design and implementation of the plans, as well as to assess their effectiveness, efficiency, relevance, coherence, Union added value and impact in relation to their contribution to the CAP general and specific objectives set out in Articles 5 and 6(1).

Amendment 693

Amendment 693

Proposal for a regulation

Proposal for a regulation

Article 126 — paragraph 2

Article 126 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States shall entrust evaluations to functionally independent experts. | 2.   Member States
  , and where applicable, the regions,
  shall entrust evaluations to functionally independent experts. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Member States shall entrust evaluations to functionally independent experts.

2.   Member States
  , and where applicable, the regions,
  shall entrust evaluations to functionally independent experts.

Amendment 694

Amendment 694

Proposal for a regulation

Proposal for a regulation

Article 126 — paragraph 3

Article 126 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States shall ensure that procedures are in place to produce and collect the data necessary for evaluations. | 3.   Member States
  , and where applicable, the regions,
  shall ensure that procedures are in place to produce and collect the data necessary for evaluations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Member States shall ensure that procedures are in place to produce and collect the data necessary for evaluations.

3.   Member States
  , and where applicable, the regions,
  shall ensure that procedures are in place to produce and collect the data necessary for evaluations.

Amendment 695

Amendment 695

Proposal for a regulation

Proposal for a regulation

Article 126 — paragraph 4

Article 126 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Member States shall be responsible for evaluating the adequacy of the CAP Strategic Plan interventions for the purpose of achieving the specific objectives set out in Article 6(1). | 4.   Member States
  , and where applicable, the regions,
  shall be responsible for evaluating the adequacy of the CAP Strategic Plan interventions for the purpose of achieving the specific objectives set out in Article 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Member States shall be responsible for evaluating the adequacy of the CAP Strategic Plan interventions for the purpose of achieving the specific objectives set out in Article 6(1).

4.   Member States
  , and where applicable, the regions,
  shall be responsible for evaluating the adequacy of the CAP Strategic Plan interventions for the purpose of achieving the specific objectives set out in Article 6(1).

Amendment 696

Amendment 696

Proposal for a regulation

Proposal for a regulation

Article 126 — paragraph 5

Article 126 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Member States shall draw up an evaluation plan providing indications on intended evaluation activities during the implementation period. | 5.   Member States
  , and where applicable, the regions,
  shall draw up an evaluation plan providing indications on intended evaluation activities during the implementation period. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Member States shall draw up an evaluation plan providing indications on intended evaluation activities during the implementation period.

5.   Member States
  , and where applicable, the regions,
  shall draw up an evaluation plan providing indications on intended evaluation activities during the implementation period.

Amendment 697

Amendment 697

Proposal for a regulation

Proposal for a regulation

Article 126 — paragraph 6

Article 126 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Member States shall submit the evaluation plan to the Monitoring Committee no later than one year after the adoption of the CAP Strategic Plan. | 6.   Member States
  , and where applicable, the regions,
  shall submit the evaluation plan to the Monitoring Committee no later than one year after the adoption of the CAP Strategic Plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Member States shall submit the evaluation plan to the Monitoring Committee no later than one year after the adoption of the CAP Strategic Plan.

6.   Member States
  , and where applicable, the regions,
  shall submit the evaluation plan to the Monitoring Committee no later than one year after the adoption of the CAP Strategic Plan.

Amendments 987 and 1335

Amendments 987 and 1335

Proposal for a regulation

Proposal for a regulation

Article 127 — paragraph 1 a (new)

Article 127 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1 a.
     
  As soon as all the national CAP strategic plans are approved, the Commission will commission an independent assessment of their aggregated expected impact. If this analysis reveals an insufficient joint effort in relation to the ambition of the European Green Deal, the Commission will take appropriate action, which may involve requesting Member States to modify CAP strategic plans or tabling amendments to this regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1 a.
     
  As soon as all the national CAP strategic plans are approved, the Commission will commission an independent assessment of their aggregated expected impact. If this analysis reveals an insufficient joint effort in relation to the ambition of the European Green Deal, the Commission will take appropriate action, which may involve requesting Member States to modify CAP strategic plans or tabling amendments to this regulation.

Amendments 988 and 1336

Amendments 988 and 1336

Proposal for a regulation

Proposal for a regulation

Article 127 — paragraph 2

Article 127 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission shall carry out an interim evaluation to examine the effectiveness, efficiency, relevance, coherence and Union added value of the EAGF and the EAFRD by the end of the third year following the start of implementation of the CAP Strategic Plans taking into account the indicators set out in Annex I. The Commission may make use of all relevant information already available in accordance with Article [128] of the [New Financial Regulation]. | 2.   The Commission shall carry out
  and make public
  an interim evaluation to examine the effectiveness, efficiency, relevance, coherence and Union added value of the EAGF and the EAFRD by the end of the third year following the start of implementation of the CAP Strategic Plans taking into account the indicators set out in Annex I. The Commission may make use of all relevant information already available in accordance with Article [128] of the [New Financial Regulation].
  If the interim evaluation reveals an insufficient joint effort in relation with the ambition of the European Green Deal and Union environmental and climate legislation, the Commission shall issue recommendations to the Member States to ensure the achievement of the objectives of the European Green Deal and the legislation listed in Annex XI. In their annual performance report, Member States shall set out how the recommendations have been taken into account or the reasoning for not addressing recommendations or a part thereof. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Commission shall carry out an interim evaluation to examine the effectiveness, efficiency, relevance, coherence and Union added value of the EAGF and the EAFRD by the end of the third year following the start of implementation of the CAP Strategic Plans taking into account the indicators set out in Annex I. The Commission may make use of all relevant information already available in accordance with Article [128] of the [New Financial Regulation].

2.   The Commission shall carry out
  and make public
  an interim evaluation to examine the effectiveness, efficiency, relevance, coherence and Union added value of the EAGF and the EAFRD by the end of the third year following the start of implementation of the CAP Strategic Plans taking into account the indicators set out in Annex I. The Commission may make use of all relevant information already available in accordance with Article [128] of the [New Financial Regulation].
  If the interim evaluation reveals an insufficient joint effort in relation with the ambition of the European Green Deal and Union environmental and climate legislation, the Commission shall issue recommendations to the Member States to ensure the achievement of the objectives of the European Green Deal and the legislation listed in Annex XI. In their annual performance report, Member States shall set out how the recommendations have been taken into account or the reasoning for not addressing recommendations or a part thereof.

Amendment 698

Amendment 698

Proposal for a regulation

Proposal for a regulation

Article 127 — paragraph 4 a (new)

Article 127 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  In its evaluation reports, the Commission shall take into account the indicators appearing in Annex I to this Regulation, as well as factors external to the CAP which have had an impact on the performance achieved. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  In its evaluation reports, the Commission shall take into account the indicators appearing in Annex I to this Regulation, as well as factors external to the CAP which have had an impact on the performance achieved.

Amendment 699

Amendment 699

Proposal for a regulation

Proposal for a regulation

Article 129 — paragraph 2

Article 129 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Data needed for the context and impact indicators shall primarily come from established data sources, such as the Farm Accountancy Data Network and Eurostat. Where data for these indicators are not available or not complete, the
  gaps
  shall
  be addressed
  in the context of the European Statistical Program established under Regulation (EC) No 223/2009 of the European Parliament and of the Council (40), the legal framework governing the Farm Accountancy Data Network or through formal agreements with other data providers such as the Joint Research Centre and the European Environment Agency. | 2.   Data needed for the context and impact indicators shall primarily come from established data sources, such as the Farm Accountancy Data Network and Eurostat. Where data for these indicators are not available or not complete, the
  Commission
  shall
  resolve gaps
  in the context of the European Statistical Program established under Regulation (EC) No 223/2009 of the European Parliament and of the Council (40), the legal framework governing the Farm Accountancy Data Network or through formal agreements with other data providers such as the Joint Research Centre and the European Environment Agency. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Data needed for the context and impact indicators shall primarily come from established data sources, such as the Farm Accountancy Data Network and Eurostat. Where data for these indicators are not available or not complete, the
  gaps
  shall
  be addressed
  in the context of the European Statistical Program established under Regulation (EC) No 223/2009 of the European Parliament and of the Council (40), the legal framework governing the Farm Accountancy Data Network or through formal agreements with other data providers such as the Joint Research Centre and the European Environment Agency.

2.   Data needed for the context and impact indicators shall primarily come from established data sources, such as the Farm Accountancy Data Network and Eurostat. Where data for these indicators are not available or not complete, the
  Commission
  shall
  resolve gaps
  in the context of the European Statistical Program established under Regulation (EC) No 223/2009 of the European Parliament and of the Council (40), the legal framework governing the Farm Accountancy Data Network or through formal agreements with other data providers such as the Joint Research Centre and the European Environment Agency.

Amendment 1340

Amendment 1340

Proposal for a regulation

Proposal for a regulation

Article 129 — paragraph 2 a (new)

Article 129 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Member States shall improve the quality and frequency of data collection for the key agricultural targets foreseen under the European Green Deal, corresponding to the impact and context indicators I.10, I.15, I.18, I.19, I.20, I.26, I.27, and C.32. Those data shall be made public and provided to the Commission in a timely manner, to assess the effectiveness of the CAP and enable monitoring progress towards the Union-level objectives. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Member States shall improve the quality and frequency of data collection for the key agricultural targets foreseen under the European Green Deal, corresponding to the impact and context indicators I.10, I.15, I.18, I.19, I.20, I.26, I.27, and C.32. Those data shall be made public and provided to the Commission in a timely manner, to assess the effectiveness of the CAP and enable monitoring progress towards the Union-level objectives.

Amendment 700

Amendment 700

Proposal for a regulation

Proposal for a regulation

Article 129 — paragraph 3

Article 129 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Existing administrative registers such as the IACS, LPIS, animal and vineyard registers shall be maintained. The IACS and LPIS shall be further developed to better meet the statistical needs of the CAP. Data from administrative registers shall be used as much as possible for statistical purposes, in cooperation with statistical authorities in Member States and with Eurostat. | 3.   Existing
  up-to-date
  administrative registers such as the IACS, LPIS, animal and vineyard registers shall be maintained . The IACS and LPIS shall be further developed to better meet the statistical needs of the CAP. Data from administrative registers shall be used as much as possible for statistical purposes, in cooperation with statistical authorities in Member States and with Eurostat. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Existing administrative registers such as the IACS, LPIS, animal and vineyard registers shall be maintained. The IACS and LPIS shall be further developed to better meet the statistical needs of the CAP. Data from administrative registers shall be used as much as possible for statistical purposes, in cooperation with statistical authorities in Member States and with Eurostat.

3.   Existing
  up-to-date
  administrative registers such as the IACS, LPIS, animal and vineyard registers shall be maintained . The IACS and LPIS shall be further developed to better meet the statistical needs of the CAP. Data from administrative registers shall be used as much as possible for statistical purposes, in cooperation with statistical authorities in Member States and with Eurostat.

Amendment 701

Amendment 701

Proposal for a regulation

Proposal for a regulation

Article 129 — paragraph 4

Article 129 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.
     
  The Commission may adopt implementing acts, laying down rules on the information to be sent by the Member States, taking into account the need to avoid any undue administrative burden, as well as rules on the data needs and synergies between potential data sources. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.
     
  The Commission may adopt implementing acts, laying down rules on the information to be sent by the Member States, taking into account the need to avoid any undue administrative burden, as well as rules on the data needs and synergies between potential data sources. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2).

deleted

deleted

Amendment 702

Amendment 702

Proposal for a regulation

Proposal for a regulation

Article 130 — paragraph 1

Article 130 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where support under Title III of this Regulation is granted to forms of
  cooperation
  between undertakings, it may be granted only to such forms of
  cooperation
  which comply with the competition rules as they apply by virtue of Articles 206 to 209 of the Regulation (EU) No 1308/2013. | Where support under Title III of this Regulation is granted to forms of
  agreements, decisions and concerted practices
  between undertakings, it may be granted only to such forms of
  agreements, decisions and concerted practices
  which comply with the competition rules as they apply by virtue of Articles 206 to 209 of the Regulation (EU) No 1308/2013. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where support under Title III of this Regulation is granted to forms of
  cooperation
  between undertakings, it may be granted only to such forms of
  cooperation
  which comply with the competition rules as they apply by virtue of Articles 206 to 209 of the Regulation (EU) No 1308/2013.

cooperation

cooperation

Where support under Title III of this Regulation is granted to forms of
  agreements, decisions and concerted practices
  between undertakings, it may be granted only to such forms of
  agreements, decisions and concerted practices
  which comply with the competition rules as they apply by virtue of Articles 206 to 209 of the Regulation (EU) No 1308/2013.

agreements, decisions and concerted practices

agreements, decisions and concerted practices

Amendments 1092, 1146 and 1179

Amendments 1092, 1146 and 1179

Proposal for a regulation

Proposal for a regulation

Article 132 a (new)

Article 132 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 132 a |
| | Transitional National Aid |
| | 1.
     
  Member States may continue to grant transitional national aid to farmers in any of the sectors authorised by the Commission in accordance with Article 132(7) or Article 133a(5) of Regulation (EC) No 73/2009 in 2013. |
| | 2.
     
  The total amount of transitional national aid that may be granted to farmers shall be limited to 50 % of each of the sector-specific financial envelopes as authorised by the Commission in accordance with Article 132(7) or Article 133a(5) of Regulation (EC) No 73/2009 in 2013. |
| | 3.
     
  Member States may decide, on the basis of objective criteria and within the limit set out in paragraph 2, on the amounts of transitional national aid to be granted. |
| | 4.
     
  Member States may decide to adapt the reference period for the decoupled transitional national aid schemes. The adapted reference period cannot be later than 1 June 2018. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 132 a

Article 132 a

Transitional National Aid

Transitional National Aid

1.
     
  Member States may continue to grant transitional national aid to farmers in any of the sectors authorised by the Commission in accordance with Article 132(7) or Article 133a(5) of Regulation (EC) No 73/2009 in 2013.

2.
     
  The total amount of transitional national aid that may be granted to farmers shall be limited to 50 % of each of the sector-specific financial envelopes as authorised by the Commission in accordance with Article 132(7) or Article 133a(5) of Regulation (EC) No 73/2009 in 2013.

3.
     
  Member States may decide, on the basis of objective criteria and within the limit set out in paragraph 2, on the amounts of transitional national aid to be granted.

4.
     
  Member States may decide to adapt the reference period for the decoupled transitional national aid schemes. The adapted reference period cannot be later than 1 June 2018.

Amendment 703

Amendment 703

Proposal for a regulation

Proposal for a regulation

Article 133 — paragraph 1

Article 133 — paragraph 1

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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

In order to limit the effects of income variability, by encouraging farmers to build up savings in good years in order to cope with bad years,

, including by carrying forward part of the tax base including by deferring part of the tax base, or by allowing the exclusion of amounts placed in a dedicated agricultural savings account

Amendments 1097, 1125 and 1180

Amendments 1097, 1125 and 1180

Proposal for a regulation

Proposal for a regulation

Article 134 a (new)

Article 134 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 134 a |
| | Complaint mechanism for farmers and SMEs |
| | 1.
     
  The Commission shall establish a mechanism whereby farmers or SMEs can lodge a complaint directly with the Commission in cases of: |
| | — | land grabbing or severe threats thereof, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 134 a

Article 134 a

Complaint mechanism for farmers and SMEs

Complaint mechanism for farmers and SMEs

1.
     
  The Commission shall establish a mechanism whereby farmers or SMEs can lodge a complaint directly with the Commission in cases of:

—

land grabbing or severe threats thereof,

land grabbing or severe threats thereof,

| — | severe misconduct of national authorities, |
| --- | --- |

—

severe misconduct of national authorities,

severe misconduct of national authorities,

| — | irregular or partial treatment in tenders or the distribution of subsidies, |
| --- | --- |

—

irregular or partial treatment in tenders or the distribution of subsidies,

irregular or partial treatment in tenders or the distribution of subsidies,

| — | pressure or intimidation from criminal structures, organised crime or oligarchy structures, |
| --- | --- |

—

pressure or intimidation from criminal structures, organised crime or oligarchy structures,

pressure or intimidation from criminal structures, organised crime or oligarchy structures,

| — | severe infringement of their fundamental rights. |
| --- | --- |

—

severe infringement of their fundamental rights.

severe infringement of their fundamental rights.

2.
     
  The Commission shall create a contact point in the Commission where these complaints can be addressed.

3.
     
  The Commission shall develop and make transparent the procedure for lodging a complaint and the evaluation criteria.

4.
     
  The Commission shall guarantee adequate protection for persons or companies following the lodging of a complaint.

5.
     
  The Commission should determine whether to treat information received through this mechanism directly in their audits or to transmit it directly to the European Public Prosecutor or OLAF.

Amendment 704

Amendment 704

Proposal for a regulation

Proposal for a regulation

Article 135 — paragraph 1

Article 135 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   For direct payments granted in the outermost regions of the Union in accordance with Chapter IV of Regulation (EU) No 228/2013 only point (a) and (b) of Article
  3(2)
  , point (a), (b) and (d) of Article 4(1), Section 2 of Chapter I of Title III, Article 16 and Title IX of this Regulation shall apply. Point (a), (b) and (d) of Article 4(1), Section 2 of Chapter I of Title III, Article 16 and Title IX shall apply without any obligations related to the CAP Strategic Plan. | 1.   For direct payments granted in the outermost regions of the Union in accordance with Chapter IV of Regulation (EU) No 228/2013 only point (a) and (b) of Article
  3
  , point (a), (b) and (d) of Article 4(1), Section 2 of Chapter I of Title III, Article 16 and Title IX of this Regulation shall apply. Point (a), (b) and (d) of Article 4(1), Section 2 of Chapter I of Title III, Article 16 and Title IX shall apply without any obligations related to the CAP Strategic Plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   For direct payments granted in the outermost regions of the Union in accordance with Chapter IV of Regulation (EU) No 228/2013 only point (a) and (b) of Article
  3(2)
  , point (a), (b) and (d) of Article 4(1), Section 2 of Chapter I of Title III, Article 16 and Title IX of this Regulation shall apply. Point (a), (b) and (d) of Article 4(1), Section 2 of Chapter I of Title III, Article 16 and Title IX shall apply without any obligations related to the CAP Strategic Plan.

1.   For direct payments granted in the outermost regions of the Union in accordance with Chapter IV of Regulation (EU) No 228/2013 only point (a) and (b) of Article
  3
  , point (a), (b) and (d) of Article 4(1), Section 2 of Chapter I of Title III, Article 16 and Title IX of this Regulation shall apply. Point (a), (b) and (d) of Article 4(1), Section 2 of Chapter I of Title III, Article 16 and Title IX shall apply without any obligations related to the CAP Strategic Plan.

Amendment 705

Amendment 705

Proposal for a regulation

Proposal for a regulation

Article 135 — paragraph 2

Article 135 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   For direct payments granted in the smaller Aegean islands in accordance with Chapter IV of Regulation (EU) No 229/2013 only point (a) and (b) of Article
  3(2)
  , Article 4, Section 2 of Chapter I of Title III, Sections 1 and 2 of Chapter II of Title III and Title IX of this Regulation shall apply. Article 4, Section 2 of Chapter I of Title III, Sections 1 and 2 of Chapter II of Title III and Title IX shall apply without any obligations related to the CAP Strategic Plan. | 2.   For direct payments granted in the smaller Aegean islands in accordance with Chapter IV of Regulation (EU) No 229/2013 only point (a) and (b) of Article
  3
  , Article 4, Section 2 of Chapter I of Title III, Sections 1 and 2 of Chapter II of Title III and Title IX of this Regulation shall apply. Article 4, Section 2 of Chapter I of Title III, Sections 1 and 2 of Chapter II of Title III and Title IX shall apply without any obligations related to the CAP Strategic Plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   For direct payments granted in the smaller Aegean islands in accordance with Chapter IV of Regulation (EU) No 229/2013 only point (a) and (b) of Article
  3(2)
  , Article 4, Section 2 of Chapter I of Title III, Sections 1 and 2 of Chapter II of Title III and Title IX of this Regulation shall apply. Article 4, Section 2 of Chapter I of Title III, Sections 1 and 2 of Chapter II of Title III and Title IX shall apply without any obligations related to the CAP Strategic Plan.

2.   For direct payments granted in the smaller Aegean islands in accordance with Chapter IV of Regulation (EU) No 229/2013 only point (a) and (b) of Article
  3
  , Article 4, Section 2 of Chapter I of Title III, Sections 1 and 2 of Chapter II of Title III and Title IX of this Regulation shall apply. Article 4, Section 2 of Chapter I of Title III, Sections 1 and 2 of Chapter II of Title III and Title IX shall apply without any obligations related to the CAP Strategic Plan.

Amendment 706

Amendment 706

Proposal for a regulation

Proposal for a regulation

Article 138 — paragraph 2

Article 138 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The power to adopt delegated acts referred to in Articles 4, 7, 12,
  15, 23,
  28, 32, 35, 36, 37, 41, 50,78, 81,
  104
  and 141 shall be conferred on the Commission for
  a
  period
  of seven years
  from the date of entry into force of this Regulation.
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period
  . | 2.   The power to adopt delegated acts referred to in Articles 4, 7,
  11,
  12, 28, 32, 35, 36, 37, 41, 50,78, 81,
  83, 94, 110, 120
  and 141 shall be conferred on the Commission for
  an indeterminate
  period
  of time
  from the date of entry into force of this Regulation... |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The power to adopt delegated acts referred to in Articles 4, 7, 12,
  15, 23,
  28, 32, 35, 36, 37, 41, 50,78, 81,
  104
  and 141 shall be conferred on the Commission for
  a
  period
  of seven years
  from the date of entry into force of this Regulation.
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period
  .

2.   The power to adopt delegated acts referred to in Articles 4, 7,
  11,
  12, 28, 32, 35, 36, 37, 41, 50,78, 81,
  83, 94, 110, 120
  and 141 shall be conferred on the Commission for
  an indeterminate
  period
  of time
  from the date of entry into force of this Regulation...

Amendment 707

Amendment 707

Proposal for a regulation

Proposal for a regulation

Article 138 — paragraph 3

Article 138 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The delegation of powers referred to in Articles 4, 7, 12,
  15, 23
  , 28, 32, 35, 36, 37, 41, 50, 78, 81,
  104
  and 141 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | 3.   The delegation of powers referred to in Articles 4, 7,
  11,
  12, 28, 32, 35, 36, 37, 41, 50, 78, 81,
  83, 94, 110, 120
  and 141 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The delegation of powers referred to in Articles 4, 7, 12,
  15, 23
  , 28, 32, 35, 36, 37, 41, 50, 78, 81,
  104
  and 141 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.   The delegation of powers referred to in Articles 4, 7,
  11,
  12, 28, 32, 35, 36, 37, 41, 50, 78, 81,
  83, 94, 110, 120
  and 141 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment 708

Amendment 708

Proposal for a regulation

Proposal for a regulation

Article 138 — paragraph 6

Article 138 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   A delegated act adopted pursuant to Articles 4, 7, 12,
  15
  ,
  23
  , 28, 32, 35, 36, 37, 41, 50, 78, 81,
  104
  and 141 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. | 6.   A delegated act adopted pursuant to Articles 4, 7,
  11,
  12, 28, 32, 35, 36, 37, 41, 50, 78, 81,
  83, 94, 110, 120
  and 141 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   A delegated act adopted pursuant to Articles 4, 7, 12,
  15
  ,
  23
  , 28, 32, 35, 36, 37, 41, 50, 78, 81,
  104
  and 141 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.   A delegated act adopted pursuant to Articles 4, 7,
  11,
  12, 28, 32, 35, 36, 37, 41, 50, 78, 81,
  83, 94, 110, 120
  and 141 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 1138

Amendment 1138

Proposal for a regulation

Proposal for a regulation

Article 139 a (new)

Article 139 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 139a




  Mid-term review





  1.
     
  By 30 June 2025, the Commission shall carry out a mid-term review of the CAP and submit a report to the European Parliament and the Council in order to evaluate the operation of the new delivery model by the Member States, to adjust weightings for climate tracking according to the new methodology referred to in Article 87(3), and where appropriate, the Commission shall submit legislative proposals.






  2.
     
  In order to ensure that the Strategic Plans of the Member States are aligned with Union legislation on climate and the environment, the mid-term review referred to in paragraph 1 shall take into account the relevant legislation then in force. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 139a

Mid-term review

1.
     
  By 30 June 2025, the Commission shall carry out a mid-term review of the CAP and submit a report to the European Parliament and the Council in order to evaluate the operation of the new delivery model by the Member States, to adjust weightings for climate tracking according to the new methodology referred to in Article 87(3), and where appropriate, the Commission shall submit legislative proposals.

2.
     
  In order to ensure that the Strategic Plans of the Member States are aligned with Union legislation on climate and the environment, the mid-term review referred to in paragraph 1 shall take into account the relevant legislation then in force.

Amendment 710

Amendment 710

Proposal for a regulation

Proposal for a regulation

Article 140 — paragraph 1 — subparagraph 1

Article 140 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Regulation (EU) No 1305/2013 is repealed with effect from 1 January
  2021
  . | Regulation (EU) No 1305/2013 is repealed with effect from 1 January
  2022
  . |
| | However, without prejudice to Annexes IX and IXa to this Regulation, Regulation (EU) No 1305/2013 shall continue be applicable, until 31 December 2022, to: |
| | (a) | operations implemented pursuant to rural development programmes approved by the Commission under Regulation (EU) No 1305/2013, and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Regulation (EU) No 1305/2013 is repealed with effect from 1 January
  2021
  .

2021

Regulation (EU) No 1305/2013 is repealed with effect from 1 January
  2022
  .

2022

However, without prejudice to Annexes IX and IXa to this Regulation, Regulation (EU) No 1305/2013 shall continue be applicable, until 31 December 2022, to:

However, without prejudice to Annexes IX and IXa to this Regulation, Regulation (EU) No 1305/2013 shall continue be applicable, until 31 December 2022, to:

(a)

(a)

operations implemented pursuant to rural development programmes approved by the Commission under Regulation (EU) No 1305/2013, and

operations implemented pursuant to rural development programmes approved by the Commission under Regulation (EU) No 1305/2013, and

| (b) | rural development programs approved in accordance with Article 10(2) of Regulation (EU) No 1305/2013 before 1 January 2022. |
| --- | --- |

(b)

(b)

rural development programs approved in accordance with Article 10(2) of Regulation (EU) No 1305/2013 before 1 January 2022.

rural development programs approved in accordance with Article 10(2) of Regulation (EU) No 1305/2013 before 1 January 2022.

Amendment 711

Amendment 711

Proposal for a regulation

Proposal for a regulation

Article 140 — paragraph 2 — subparagraph 1

Article 140 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Regulation (EU) No 1307/2013 is repealed with effect from 1 January
  2021
  . | Regulation (EU) No 1307/2013 is repealed with effect from 1 January
  2022
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Regulation (EU) No 1307/2013 is repealed with effect from 1 January
  2021
  .

2021

Regulation (EU) No 1307/2013 is repealed with effect from 1 January
  2022
  .

2022

Amendment 712

Amendment 712

Proposal for a regulation

Proposal for a regulation

Article 140 — paragraph 2 — subparagraph 2

Article 140 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| However, it shall continue to apply in respect of aid applications relating to claim years starting before 1 January
  2021
  . | However, it shall continue to apply in respect of aid applications relating to claim years starting before 1 January
  2022
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

However, it shall continue to apply in respect of aid applications relating to claim years starting before 1 January
  2021
  .

2021

However, it shall continue to apply in respect of aid applications relating to claim years starting before 1 January
  2022
  .

2022

Amendment 713

Amendment 713

Proposal for a regulation

Proposal for a regulation

Article 140 — paragraph 2 — subparagraph 3

Article 140 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Articles 17 and 19 of Regulation (EU) No 1307/2013, as well as Annex I to that Regulation where relevant for Croatia, shall continue to apply until 31 December
  2021
  . | Articles 17 and 19 of Regulation (EU) No 1307/2013, as well as Annex I to that Regulation where relevant for Croatia, shall continue to apply until 31 December
  2022
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Articles 17 and 19 of Regulation (EU) No 1307/2013, as well as Annex I to that Regulation where relevant for Croatia, shall continue to apply until 31 December
  2021
  .

2021

Articles 17 and 19 of Regulation (EU) No 1307/2013, as well as Annex I to that Regulation where relevant for Croatia, shall continue to apply until 31 December
  2022
  .

2022

Amendment 714

Amendment 714

Proposal for a regulation

Proposal for a regulation

Article 141 — paragraph 1

Article 141 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with measures to protect any acquired rights and legitimate expectations of beneficiaries to the extent necessary for the transition from the arrangements provided for in Regulations (EU) No 1305/2013
  and
  (EU) No 1307/2013 to those laid down in this Regulation. Those transitional rules shall in particular lay down the conditions under which support approved by the Commission under Regulation (EU) No 1305/2013 may be integrated into support provided for under this Regulation, including for technical assistance and for the ex post evaluations. | The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with measures to protect any acquired rights and legitimate expectations of beneficiaries to the extent necessary for the transition from the arrangements provided for in Regulations (EU) No 1305/2013, (EU) No 1307/2013
  and (EU) No 1308/2013
  to those laid down in this Regulation. Those transitional rules shall in particular lay down the conditions under which support approved by the Commission under Regulation (EU) No 1305/2013
  , Regulation (EU) No 1307/2013 and Regulation (EU) No 1308/2013
  may be integrated into support provided for under this Regulation, including for technical assistance and for the ex post evaluations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with measures to protect any acquired rights and legitimate expectations of beneficiaries to the extent necessary for the transition from the arrangements provided for in Regulations (EU) No 1305/2013
  and
  (EU) No 1307/2013 to those laid down in this Regulation. Those transitional rules shall in particular lay down the conditions under which support approved by the Commission under Regulation (EU) No 1305/2013 may be integrated into support provided for under this Regulation, including for technical assistance and for the ex post evaluations.

and

The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with measures to protect any acquired rights and legitimate expectations of beneficiaries to the extent necessary for the transition from the arrangements provided for in Regulations (EU) No 1305/2013, (EU) No 1307/2013
  and (EU) No 1308/2013
  to those laid down in this Regulation. Those transitional rules shall in particular lay down the conditions under which support approved by the Commission under Regulation (EU) No 1305/2013
  , Regulation (EU) No 1307/2013 and Regulation (EU) No 1308/2013
  may be integrated into support provided for under this Regulation, including for technical assistance and for the ex post evaluations.

and (EU) No 1308/2013

, Regulation (EU) No 1307/2013 and Regulation (EU) No 1308/2013

Amendment 715

Amendment 715

Proposal for a regulation

Proposal for a regulation

Article 141 a (new)

Article 141 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 141a




  Reports




  By 31 December 2025, the European Commission shall submit a report on the impact that the CAP has had on island regions other than those referred to in Article 135. That report shall be accompanied by proposals to amend the strategic plans to take into account the specific features of those areas and to improve the outcomes hoped for in line with the objectives set out in Article 6(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 141a

Reports

By 31 December 2025, the European Commission shall submit a report on the impact that the CAP has had on island regions other than those referred to in Article 135. That report shall be accompanied by proposals to amend the strategic plans to take into account the specific features of those areas and to improve the outcomes hoped for in line with the objectives set out in Article 6(1).

Amendment 1154

Amendment 1154

Proposal for a regulation

Proposal for a regulation

Annex I

Annex I

Text proposed by the Commission

Text proposed by the Commission

ANNEX I

ANNEX I

IMPACT, RESULT AND OUTPUT INDICATORS PURUSANT TO ARTICLE 7

IMPACT, RESULT AND OUTPUT INDICATORS PURUSANT TO ARTICLE 7

| Assessment of the performance of the policy (multi-annual) — IMPACT | Annual performance review — RESULT* | | Annual performance clearance — OUTPUT |
| --- | --- | --- | --- |
| Objectives and their respective impact indicators.* | | | Broad types of interventions and their output indicators.* |

Assessment of the performance of the policy (multi-annual) — IMPACT

Annual performance review — RESULT*

Annual performance clearance — OUTPUT

Objectives and their respective impact indicators.*

Broad types of interventions and their output indicators.*

| EU cross-cutting objective: Modernisation | Indicator | Result indicators
  (only based on interventions supported by the CAP) | | Agricultural Knowledge and Innovation Systems (AKIS) | Output indicators |
| --- | --- | --- | --- | --- | --- |
| Fostering
  knowledge, innovation and digitalisation in agriculture and rural areas and encouraging their uptake | I.1 | Sharing knowledge and innovation: Share of CAP budget for knowledge sharing and innovation |

EU cross-cutting objective: Modernisation

Indicator

Result indicators

(only based on interventions supported by the CAP)

Agricultural Knowledge and Innovation Systems (AKIS)

Output indicators

Fostering
  knowledge, innovation and digitalisation in agriculture and rural areas and encouraging their uptake

Fostering

I.1

Sharing knowledge and innovation: Share of CAP budget for knowledge sharing and innovation

| R.1 | Enhancing performance through knowledge and innovation: Share of farmers receiving support for advice, training, knowledge exchange, or participation in operational groups to enhance economic, environmental, climate and resource efficiency performance. |
| --- | --- |

R.1

Enhancing performance through knowledge and innovation: Share of farmers receiving support for advice, training, knowledge exchange, or participation in operational groups to enhance economic, environmental, climate and resource efficiency performance.

European Innovation Partnership for agricultural knowledge and innovation (EIP)**

European Innovation Partnership for agricultural knowledge and innovation (EIP)**

| O.1 | Number of EIP operational groups |
| --- | --- |

O.1

Number of EIP operational groups

| R.2 | Linking advice and knowledge systems: number of advisors integrated within AKIS (compared to total number of farmers) |
| --- | --- |

R.2

Linking advice and knowledge systems: number of advisors integrated within AKIS (compared to total number of farmers)

| O.2 | Number of advisors setting up or participating in EIP operational groups |
| --- | --- |

O.2

Number of advisors setting up or participating in EIP operational groups

| R.3 | Digitising agriculture: Share of farmers benefitting from support
  to
  precision farming technology through CAP |
| --- | --- |

R.3

Digitising agriculture: Share of farmers benefitting from support
  to
  precision farming technology through CAP

to

| EU Specific objectives | Impact indicators | Result indicators
  (only based on interventions supported by the CAP) | | Broad type of intervention | Output indicators (per intervention) |
| --- | --- | --- | --- | --- | --- |
| Support viable farm income and resilience across the Union to enhance food security | I.2 | Reducing income disparities: Evolution of agricultural income compared to general economy |

EU Specific objectives

Impact indicators

Result indicators

(only based on interventions supported by the CAP)

Broad type of intervention

Output indicators (per intervention)

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

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

I.2

Reducing income disparities: Evolution of agricultural income compared to general economy

| R.4 | Linking income support to standards and good practices: Share of UAA covered by income support and subject to conditionality |
| --- | --- |

R.4

Linking income support to standards and good practices: Share of UAA covered by income support and subject to conditionality

CAP support

CAP support

| O.3 | Number of CAP support beneficiaries |
| --- | --- |

O.3

Number of CAP support beneficiaries

| I.3 | Reducing farm income variability: Evolution of agricultural income |
| --- | --- |

I.3

Reducing farm income variability: Evolution of agricultural income

| R.5 | Risk Management: Share of farms with CAP risk management tools |
| --- | --- |

R.5

Risk Management: Share of farms with CAP risk management tools

Decoupled direct support

Decoupled direct support

| O.4 | Number of ha for decoupled DP |
| --- | --- |

O.4

Number of ha for decoupled DP

| I.4 | Supporting viable farm income: Evolution of agricultural income level by sectors (compared to the average in agriculture) |
| --- | --- |

I.4

Supporting viable farm income: Evolution of agricultural income level by sectors (compared to the average in agriculture)

| R.6 | Redistribution to smaller farms: Percentage additional support per hectare for eligible farms below average farm size (compared to average) |
| --- | --- |

R.6

Redistribution to smaller farms: Percentage additional support per hectare for eligible farms below average farm size (compared to average)

| O.5 | Number of beneficiaries for decoupled DP |
| --- | --- |

O.5

Number of beneficiaries for decoupled DP

| I.5 | Contributing to territorial balance: Evolutin of agricultural income in areas with natural constraints (compared to the average) |
| --- | --- |

I.5

Contributing to territorial balance: Evolutin of agricultural income in areas with natural constraints (compared to the average)

| R.7 | Enhancing support to farms in areas with specific needs: Percentage additional support per hectare in areas with higher needs (compared to average) |
| --- | --- |

R.7

Enhancing support to farms in areas with specific needs: Percentage additional support per hectare in areas with higher needs (compared to average)

| O.6 | Number of ha subject to enhanced income support for young farmers |
| --- | --- |

O.6

Number of ha subject to enhanced income support for young farmers

| O.7 | Number of beneficiaries subject to enhanced income support for young farmers |
| --- | --- |

O.7

Number of beneficiaries subject to enhanced income support for young farmers

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

including

| I.6 | Increasing farm productivity: Total factor productivity |
| --- | --- |

I.6

Increasing farm productivity: Total factor productivity

| R.8 | Targeting farms in sectors in difficulties: Share of farmers benefitting from coupled support for improving competitiveness, sustainability or quality |
| --- | --- |

R.8

Targeting farms in sectors in difficulties: Share of farmers benefitting from coupled support for improving competitiveness, sustainability or quality

Risk management tools

Risk management tools

| O.8 | Number of farmers covered by supported risk management instruments |
| --- | --- |

O.8

Number of farmers covered by supported risk management instruments

| I.7 | Harness Agri-food trade: Agri-food trade imports and exports |
| --- | --- |

I.7

Harness Agri-food trade: Agri-food trade imports and exports

| R.9 | Farm modernisation: Share of farmers receiving investment support to restructure and modernise, including to improve resource efficiency |
| --- | --- |

R.9

Farm modernisation: Share of farmers receiving investment support to restructure and modernise, including to improve resource efficiency

Coupled support

Coupled support

| O.9 | Number of ha benefitting from coupled support |
| --- | --- |

O.9

Number of ha benefitting from coupled support

Improve the farmers' position in the value
  chain

chain

| I.8 | Improving farmers’ position in the food chain: Value added for primary producers in the food chain |
| --- | --- |

I.8

Improving farmers’ position in the food chain: Value added for primary producers in the food chain

| R.10 | Better supply chain organisation: Share of farmers participating in supported Producer Groups, Producer Organisations, local markets, short supply chain circuits and quality schemes |
| --- | --- |

R.10

Better supply chain organisation: Share of farmers participating in supported Producer Groups, Producer Organisations, local markets, short supply chain circuits and quality schemes

| O.10 | Number of heads benefitting from coupled support |
| --- | --- |

O.10

Number of heads benefitting from coupled support

| R.11 | Concentration of supply: Share of value of marketed production by Producer Os with operational programmes |
| --- | --- |

R.11

Concentration of supply: Share of value of marketed production by Producer Os with operational programmes

Payments for natural constraints and other region specific constraints

Payments for natural constraints and other region specific constraints

| O.11 | Number of ha receiving ANC top up (3 categories) |
| --- | --- |

O.11

Number of ha receiving ANC top up (3 categories)

Contribute to climate change mitigation and adaptation,
  as well as
  sustainable energy

as well as

| I.9 | Improving farm resilience: Index |
| --- | --- |

I.9

Improving farm resilience: Index

| R.12 | Adaptation to climate change: Share of agricultural land under commitments to improve climate adaptation |
| --- | --- |

R.12

Adaptation to climate change: Share of agricultural land under commitments to improve climate adaptation

| O.12 | Number of ha receiving support under Natura 2000 or the Water Framework Directive |
| --- | --- |

O.12

Number of ha receiving support under Natura 2000 or the Water Framework Directive

| I.10 | Contribute to climate change mitigation: Reducing GHG emissions from agriculture |
| --- | --- |

I.10

Contribute to climate change mitigation: Reducing GHG emissions from agriculture

| I.11 | Enhancing carbon sequestration: Increase the soil organic carbon |
| --- | --- |

I.11

Enhancing carbon sequestration: Increase the soil organic carbon

| I.12 | Increase
  sustainable energy in agriculture: Production of renewable energy from agriculture and forestry |
| --- | --- |

I.12

I.12

Increase
  sustainable energy in agriculture: Production of renewable energy from agriculture and forestry

Increase

| R.13 | Reducing emissions in the livestock sector: Share of livestock units under support to reduce GHG emissions and/or ammonia, including
  manure
  management |
| --- | --- |

R.13

Reducing emissions in the livestock sector: Share of livestock units under support to reduce GHG emissions and/or ammonia, including
  manure
  management

manure

| R.14 | Carbon storage in soils and biomass: Share of
  agricultural
  land under commitments to
  reducing
  emissions,
  maintaining
  and/or
  enhancing
  carbon storage (permanent grassland, agricultural land in peatland, forest, etc.) |
| --- | --- |

R.14

Carbon storage in soils and biomass: Share of
  agricultural
  land under commitments to
  reducing
  emissions,
  maintaining
  and/or
  enhancing
  carbon storage (permanent grassland, agricultural land in peatland, forest, etc.)

agricultural

reducing

maintaining

enhancing

| R.15 | Green
  energy from agriculture and forestry: Investments in renewable energy production capacity, including bio-based (MW) |
| --- | --- |

R.15

Green
  energy from agriculture and forestry: Investments in renewable energy production capacity, including bio-based (MW)

Green

| R.16 | Enhance energy efficiency: Energy savings in agriculture |
| --- | --- |

R.16

Enhance energy efficiency: Energy savings in agriculture

| R 17 | Afforested land: Area supported for afforestation and creation of woodland, including agroforestry |
| --- | --- |

R 17

Afforested land: Area supported for afforestation and creation of woodland, including agroforestry

Payments for management commitments (environment-climate, genetic resources, animal welfare)

Payments for management commitments (environment-climate, genetic resources, animal welfare)

| O.13 | Number of ha (agricultural) covered by environment/climate commitments going beyond mandatory requirements |
| --- | --- |

O.13

Number of ha (agricultural) covered by environment/climate commitments going beyond mandatory requirements

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

such as

| I.13 | Reducing soil erosion: Percentage of land in moderate and severe soil erosion on agricultural land |
| --- | --- |

I.13

Reducing soil erosion: Percentage of land in moderate and severe soil erosion on agricultural land

| R.18 | Improving soils: Share of agricultural land under management commitments beneficial for soil management |
| --- | --- |

R.18

Improving soils: Share of agricultural land under management commitments beneficial for soil management

| O.14 | Number of ha (forestry) covered by environment/climate commitments going beyond mandatory requirements |
| --- | --- |

O.14

Number of ha (forestry) covered by environment/climate commitments going beyond mandatory requirements

| I.14 | Improving air quality: Reduce ammonia emissions from agriculture |
| --- | --- |

I.14

Improving air quality: Reduce ammonia emissions from agriculture

| R.19 | Improving air quality: Share of agricultural land under commitments to reduce ammonia emission |
| --- | --- |

R.19

Improving air quality: Share of agricultural land under commitments to reduce ammonia emission

| O.15 | Number of ha with support for organic farming |
| --- | --- |

O.15

Number of ha with support for organic farming

| I.15 | Improving water quality: Gross nutrient balance on agricultural land |
| --- | --- |

I.15

Improving water quality: Gross nutrient balance on agricultural land

| R.20 | Protecting water quality: Share of agricultural land under management commitments for water quality |
| --- | --- |

R.20

Protecting water quality: Share of agricultural land under management commitments for water quality

| O.16 | Number of livestock units covered by support for animal welfare, health or increased biosecurity measures |
| --- | --- |

O.16

Number of livestock units covered by support for animal welfare, health or increased biosecurity measures

| 1.16 | Reducing nutrient leakage: Nitrate in ground water — Percentage of ground water stations with N concentration over 50 mg/l as per the Nitrate directive |
| --- | --- |

1.16

Reducing nutrient leakage: Nitrate in ground water — Percentage of ground water stations with N concentration over 50 mg/l as per the Nitrate directive

| R.21 | Sustainable nutrient management: Share of agricultural land under commitments related to improved nutrient management |
| --- | --- |

R.21

Sustainable nutrient management: Share of agricultural land under commitments related to improved nutrient management

| O.17 | Number of projects supporting genetic resources |
| --- | --- |

O.17

Number of projects supporting genetic resources

| I.17 | Reducing pressure on water resource: Water Exploitation Index Plus (WEI+) |
| --- | --- |

I.17

Reducing pressure on water resource: Water Exploitation Index Plus (WEI+)

| R.22 | Sustainable water use: Share of irrigated land under commitments to improve water balance |
| --- | --- |

R.22

Sustainable water use: Share of irrigated land under commitments to improve water balance

Investments

Investments

| O.18 | Number of supported on-farm productive investments |
| --- | --- |

O.18

Number of supported on-farm productive investments

| R.23 | Environment-/climate-related performance through investment: Share of farmers with support in investments related to care for the environment or climate |
| --- | --- |

R.23

Environment-/climate-related performance through investment: Share of farmers with support in investments related to care for the environment or climate

| O.19 | Number of supported local infrastructures |
| --- | --- |

O.19

Number of supported local infrastructures

| R.24 | Environmental/climate performance through knowledge: Share of farmers receiving support for advice/training related to environmental- climate performance |
| --- | --- |

R.24

Environmental/climate performance through knowledge: Share of farmers receiving support for advice/training related to environmental- climate performance

| O.20 | Number of supported non-productive investments |
| --- | --- |

O.20

Number of supported non-productive investments

| O.21 | Number of off-farm productive investments |
| --- | --- |

O.21

Number of off-farm productive investments

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

Contribute to the protection of biodiversity,

and preserve

| I.18 | Increasing farmland bird populations: Farmland Bird Index |
| --- | --- |

I.18

Increasing farmland bird populations: Farmland Bird Index

| R.25 | Supporting sustainable forest management: Share of forest land under management commitments to support forest protection and management. |
| --- | --- |

R.25

Supporting sustainable forest management: Share of forest land under management commitments to support forest protection and management.

Installation grants

Installation grants

| O.22 | Number of farmers receiving installation grants |
| --- | --- |

O.22

Number of farmers receiving installation grants

| I.19 | Enhanced biodiversity protection: Percentage of species and habitats of Community interest related to agriculture with stable or increasing trends |
| --- | --- |

I.19

Enhanced biodiversity protection: Percentage of species and habitats of Community interest related to agriculture with stable or increasing trends

| R.26 | Protecting forest ecosystems: Share of forest land under management commitments for supporting landscape, biodiversity and ecosystem services |
| --- | --- |

R.26

Protecting forest ecosystems: Share of forest land under management commitments for supporting landscape, biodiversity and ecosystem services

| O.23 | Number of rural entrepreneurs receiving installation grants |
| --- | --- |

O.23

Number of rural entrepreneurs receiving installation grants

| I.20 | Enhanced provision of ecosystem services: share of
  UAA
  covered with landscape features |
| --- | --- |

I.20

Enhanced provision of ecosystem services: share of
  UAA
  covered with landscape features

UAA

| R.27 | Preserving habitats and species: Share of agricultural land under management commitments supporting biodiversity conservation or restoration |
| --- | --- |

R.27

Preserving habitats and species: Share of agricultural land under management commitments supporting biodiversity conservation or restoration

Cooperation

Cooperation

| O.24 | Number of supported producer groups/organisations |
| --- | --- |

O.24

Number of supported producer groups/organisations

| O.25 | Number of farmers receiving support to participate in EU quality schemes |
| --- | --- |

O.25

Number of farmers receiving support to participate in EU quality schemes

| R.28 | Supporting Natura 2000: Area in Natura 2000 sites under commitments for protection, maintenance and restoration |
| --- | --- |

R.28

Supporting Natura 2000: Area in Natura 2000 sites under commitments for protection, maintenance and restoration

| O.26 | Number of generational renewal projects (young/non-young farmers) |
| --- | --- |

O.26

Number of generational renewal projects (young/non-young farmers)

| R.29 | Preserving landscape features: Share of agriculture land under commitments for managing landscape features, including hedgerows |
| --- | --- |

R.29

Preserving landscape features: Share of agriculture land under commitments for managing landscape features, including hedgerows

| O.27 | Number of local development strategies (LEADER) |
| --- | --- |

O.27

Number of local development strategies (LEADER)

| O.28 | Number of other cooperation groups (excluding EIP reported under O.1) |
| --- | --- |

O.28

Number of other cooperation groups (excluding EIP reported under O.1)

Attract young farmers
  and facilitate
  business development in rural areas

and facilitate

| 1.21 | Attracting young farmers: Evolution of number of new farmers |
| --- | --- |

1.21

Attracting young farmers: Evolution of number of new farmers

| R.30 | Generational renewal: Number of young farmers setting up a farm with support from the CAP |
| --- | --- |

R.30

Generational renewal: Number of young farmers setting up a farm with support from the CAP

Knowledge exchange and information

Knowledge exchange and information

| O.29 | Number of farmers trained/given advice |
| --- | --- |

O.29

Number of farmers trained/given advice

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

in rural areas,

| I.22 | Contributing to jobs in rural areas: Evolution of the employment rate in predominantly rural areas |
| --- | --- |

I.22

Contributing to jobs in rural areas: Evolution of the employment rate in predominantly rural areas

| R.31 | Growth and jobs in rural areas: New jobs in supported projects |
| --- | --- |

R.31

Growth and jobs in rural areas: New jobs in supported projects

| O.30 | Number of non-farmers trained/given advice |
| --- | --- |

O.30

Number of non-farmers trained/given advice

| I.23 | Contributing to growth in rural areas: Evolution of GDP per head in predominantly rural areas |
| --- | --- |

I.23

Contributing to growth in rural areas: Evolution of GDP per head in predominantly rural areas

| R.32 | Developing the rural bioeconomy: Number of bio-economy businesses developed with support |
| --- | --- |

R.32

Developing the rural bioeconomy: Number of bio-economy businesses developed with support

Horizontal indicators

Horizontal indicators

| O.31 | Number of ha under environmental practices (synthesis indicator on physical area covered by conditionality, ELS, AECM, forestry measures, organic farming) |
| --- | --- |

O.31

Number of ha under environmental practices (synthesis indicator on physical area covered by conditionality, ELS, AECM, forestry measures, organic farming)

| 1.24 | A fairer CAP: Improve the distribution of CAP support |
| --- | --- |

1.24

A fairer CAP: Improve the distribution of CAP support

| R.33 | Digitising the rural economy: Rural population covered by a supported Smart Villages strategy |
| --- | --- |

R.33

Digitising the rural economy: Rural population covered by a supported Smart Villages strategy

| O.32 | Number of ha subject to conditionality (broken down by GAEP practice) |
| --- | --- |

O.32

Number of ha subject to conditionality (broken down by GAEP practice)

| I.25 | Promoting rural inclusion: Evolution of poverty index in rural areas |
| --- | --- |

I.25

Promoting rural inclusion: Evolution of poverty index in rural areas

| R.34 | Connecting rural Europe: Share of rural population benefitting from improved access to services and infrastructure through CAP support |
| --- | --- |

R.34

Connecting rural Europe: Share of rural population benefitting from improved access to services and infrastructure through CAP support

Sectorial programmes

Sectorial programmes

| O.33 | Number of producer organisations setting up an operational fund/program |
| --- | --- |

O.33

Number of producer organisations setting up an operational fund/program

| R.35 | Promoting social inclusion: Number of people from minority and/or vulnerable groups benefitting from supported social inclusion projects |
| --- | --- |

R.35

Promoting social inclusion: Number of people from minority and/or vulnerable groups benefitting from supported social inclusion projects

| O.34 | Number of promotion and information actions, and market monitoring |
| --- | --- |

O.34

Number of promotion and information actions, and market monitoring

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

, as well as animal welfare

| I.26 | Limiting antibiotic use in agriculture: sales/use in food producing animals |
| --- | --- |

I.26

Limiting antibiotic use in agriculture: sales/use in food producing animals

| R.36 | Limiting antibiotic use: Share of livestock units concerned by supported actions to limit the use of antibiotics (prevention/reduction) |
| --- | --- |

R.36

Limiting antibiotic use: Share of livestock units concerned by supported actions to limit the use of antibiotics (prevention/reduction)

| O.35 | Number of actions for beekeeping preservation/improvement |
| --- | --- |

O.35

Number of actions for beekeeping preservation/improvement

| I.27 | Sustainable use of pesticides: Reduce risks and impacts of pesticides** |
| --- | --- |

I.27

Sustainable use of pesticides: Reduce risks and impacts of pesticides**

| R.37 | Sustainable
  pesticide use
  : Share of agricultural land concerned by supported specific actions which lead to a sustainable use of pesticides in order to reduce risks and impacts of pesticides |
| --- | --- |

R.37

Sustainable
  pesticide use
  : Share of agricultural land concerned by supported specific actions which lead to a sustainable use of pesticides in order to reduce risks and impacts of pesticides

pesticide use

| 1.28 | Responding to consumer demand for quality food: Value of production under EU quality schemes (incl. organics) |
| --- | --- |

1.28

Responding to consumer demand for quality food: Value of production under EU quality schemes (incl. organics)

| R.38 | Improving animal welfare: Share of livestock units covered by supported action to improve animal welfare |
| --- | --- |

R.38

Improving animal welfare: Share of livestock units covered by supported action to improve animal welfare

| * | Most of impact indicators are already collected via other channels (European statistics, JRC, EEA...) and used in the framework of other EU legislation or SDGs. The data collection frequency is not always annual and there might be 2/3 years delay. |
| --- | --- |

*

Most of impact indicators are already collected via other channels (European statistics, JRC, EEA...) and used in the framework of other EU legislation or SDGs. The data collection frequency is not always annual and there might be 2/3 years delay.

| ** | Directive on sustainable use of pesticides |
| --- | --- |

**

Directive on sustainable use of pesticides

| * | Proxies for results. Data notified annually by MS to monitor the progress towards the targets they established in the CAP plans. |
| --- | --- |

*

Proxies for results. Data notified annually by MS to monitor the progress towards the targets they established in the CAP plans.

| * | Data notified annually for their declared expenditure. |
| --- | --- |

*

Data notified annually for their declared expenditure.

| ** | Support to operational Groups under EIP falls under the provisions of cooperation. |
| --- | --- |

**

Support to operational Groups under EIP falls under the provisions of cooperation.

Amendment

Amendment

ANNEX I

ANNEX I

IMPACT, RESULT AND OUTPUT INDICATORS PURUSANT TO ARTICLE 7

IMPACT, RESULT AND OUTPUT INDICATORS PURUSANT TO ARTICLE 7

| Assessment of the performance of the policy (multi-annual) — IMPACT | Annual performance review — RESULT* | | Annual performance clearance — OUTPUT |
| --- | --- | --- | --- |
| Objectives and their respective impact indicators.* | | | Broad types of interventions and their output indicators.* |

Assessment of the performance of the policy (multi-annual) — IMPACT

Annual performance review — RESULT*

Annual performance clearance — OUTPUT

Objectives and their respective impact indicators.*

Broad types of interventions and their output indicators.*

| EU cross-cutting objective: Modernisation | Indicator | Result indicators
  (only based on interventions supported by the CAP) | | Agricultural Knowledge and Innovation Systems (AKIS) | Output indicators |
| --- | --- | --- | --- | --- | --- |
| Modernising the sector by ensuring that farmers have access to research, training and sharing of
  knowledge
  and knowledge transfer services
  , innovation and digitalisation in agriculture and rural areas and encouraging their uptake | I.1 | Sharing knowledge and innovation: Share of CAP budget for knowledge sharing and innovation |

EU cross-cutting objective: Modernisation

Indicator

Result indicators

(only based on interventions supported by the CAP)

Agricultural Knowledge and Innovation Systems (AKIS)

Output indicators

Modernising the sector by ensuring that farmers have access to research, training and sharing of
  knowledge
  and knowledge transfer services
  , innovation and digitalisation in agriculture and rural areas and encouraging their uptake

Modernising the sector by ensuring that farmers have access to research, training and sharing of

and knowledge transfer services

I.1

Sharing knowledge and innovation: Share of CAP budget for knowledge sharing and innovation

| R.1 | Enhancing performance through knowledge and innovation: Share of farmers receiving support for advice, training, knowledge exchange, or participation in operational groups to enhance
  sustainable
  economic, environmental, climate and resource efficiency performance. |
| --- | --- |

R.1

Enhancing performance through knowledge and innovation: Share of farmers receiving support for advice, training, knowledge exchange, or participation in operational groups to enhance
  sustainable
  economic, environmental, climate and resource efficiency performance.

sustainable

European Innovation Partnership for agricultural knowledge and innovation (EIP)**

European Innovation Partnership for agricultural knowledge and innovation (EIP)**

| O.1 | Number of EIP operational groups |
| --- | --- |

O.1

Number of EIP operational groups

| R.2 | Linking advice and knowledge systems: number of advisors integrated within AKIS (compared to total number of farmers) |
| --- | --- |

R.2

Linking advice and knowledge systems: number of advisors integrated within AKIS (compared to total number of farmers)

| O.2 | Number of advisors setting up or participating in EIP operational groups |
| --- | --- |

O.2

Number of advisors setting up or participating in EIP operational groups

| R.3 | Digitising agriculture: Share of farmers benefitting from support
  for
  precision
  and smart
  farming technology through
  the
  CAP
  , which can reduce the use of inputs, enhance sustainability and environmental performance |
| --- | --- |

R.3

Digitising agriculture: Share of farmers benefitting from support
  for
  precision
  and smart
  farming technology through
  the
  CAP
  , which can reduce the use of inputs, enhance sustainability and environmental performance

for

and smart

the

, which can reduce the use of inputs, enhance sustainability and environmental performance

| EU Specific objectives | Impact indicators | Result indicators
  (only based on interventions supported by the CAP) | | Broad type of intervention | Output indicators (per intervention) |
| --- | --- | --- | --- | --- | --- |
| Support viable farm income and resilience
  of the agricultural sector
  across the Union to enhance
  long term
  food security
  and agricultural diversity, while providing safe and high quality food at fair prices with the aim of reversing the loss of farmers and ensuring the economic sustainability of agricultural production in the Union | I.2 | Reducing income disparities: Evolution of agricultural income compared to general economy |

EU Specific objectives

Impact indicators

Result indicators

(only based on interventions supported by the CAP)

Broad type of intervention

Output indicators (per intervention)

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

of the agricultural sector

long term

and agricultural diversity, while providing safe and high quality food at fair prices with the aim of reversing the loss of farmers and ensuring the economic sustainability of agricultural production in the Union

I.2

Reducing income disparities: Evolution of agricultural income compared to general economy

| R.4 | Linking income support to standards and good practices: Share of UAA covered by income support and subject to conditionality |
| --- | --- |

R.4

R.4

Linking income support to standards and good practices: Share of UAA covered by income support and subject to conditionality

Linking income support to standards and good practices

CAP support

CAP support

| O.3 | Number of CAP support beneficiaries,
  including a breakdown per type of intervention |
| --- | --- |

O.3

O.3

Number of CAP support beneficiaries,
  including a breakdown per type of intervention

including a breakdown per type of intervention

| I.3 | Reducing farm income variability: Evolution of agricultural income |
| --- | --- |

I.3

Reducing farm income variability: Evolution of agricultural income

| R.5 | Risk Management: Share of farms with CAP risk management tools |
| --- | --- |

R.5

R.5

Risk Management: Share of farms with CAP risk management tools

Risk Management

Decoupled direct support

Decoupled direct support

| O.4 | Number of ha for decoupled DP |
| --- | --- |

O.4

O.4

Number of ha for decoupled DP

| I.4 | Supporting viable farm income: Evolution of agricultural income level by sectors (compared to the average in agriculture) |
| --- | --- |

I.4

I

Supporting viable farm income: Evolution of agricultural income level by sectors (compared to the average in agriculture)

| R.6 | Redistribution to smaller farms: Percentage additional support per hectare for eligible farms below average farm size (compared to average) |
| --- | --- |

R.6

Redistribution to smaller farms: Percentage additional support per hectare for eligible farms below average farm size (compared to average)

| O.5 | Number of beneficiaries for decoupled DP |
| --- | --- |

O.5

Number of beneficiaries for decoupled DP

| O.5a | Number of beneficiaries for basic income support |
| --- | --- |

O.5a

O.5a

Number of beneficiaries for basic income support

| O.6 | Number of ha subject to enhanced income support for young farmers |
| --- | --- |

O.6

Number of ha subject to enhanced income support for young farmers

| O.7 | Number of beneficiaries subject to enhanced income support for young farmers |
| --- | --- |

O.7

Number of beneficiaries subject to enhanced income support for young farmers

| O.7b | Number of beneficiaries receiving support for eco-schemes |
| --- | --- |

O.7b

O.7b

Number of beneficiaries receiving support for eco-schemes

| I.4a | Avoiding a decrease in the farming population: evolution of number of farmers and farm workers by sectors compared to the last year prior to the application of the Strategic Plan; |
| --- | --- |

I.4a

I.4a

Avoiding a decrease in the farming population: evolution of number of farmers and farm workers by sectors compared to the last year prior to the application of the Strategic Plan;

| I.5 | Contributing to territorial balance: Evolutin of agricultural income in areas with natural constraints (compared to the average) |
| --- | --- |

I.5

Contributing to territorial balance: Evolutin of agricultural income in areas with natural constraints (compared to the average)

| R.7 | Enhancing support to farms in areas with specific needs: Percentage additional support per hectare in areas with higher needs (compared to average) |
| --- | --- |

R.7

Enhancing support to farms in areas with specific needs: Percentage additional support per hectare in areas with higher needs (compared to average)

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

, in local, national, Union as well as international markets, as well as market stabilisation, risk and crisis management,

long-term farm

processing and marketing capabilities of agricultural products, with

quality differentiation,

innovation,

, knowledge transfer and exchange

, and facilitating the access of farmers to circular economy dynamics

| I.6 | Increasing farm productivity: Total factor productivity |
| --- | --- |

I.6

Increasing farm productivity: Total factor productivity

| R.8 | Targeting farms in sectors in difficulties:
  Share of farmers benefitting from coupled support for improving competitiveness, sustainability or quality |
| --- | --- |

R.8

Targeting farms in sectors in difficulties:

Share of farmers benefitting from coupled support for improving competitiveness, sustainability or quality

Risk management tools

Risk management tools

| O.8 | Number of farmers covered by supported risk management instruments |
| --- | --- |

O.8

Number of farmers covered by supported risk management instruments

Number of farmers covered by supported risk management

| I.7 | Harness Agri-food trade: Agri-food trade imports and exports |
| --- | --- |

I.7

Harness Agri-food trade: Agri-food trade imports and exports

| R.9 | Farm modernisation: Share of farmers receiving investment support to restructure and modernise, including to improve resource efficiency |
| --- | --- |

R.9

Farm modernisation: Share of farmers receiving investment support to restructure and modernise, including to improve resource efficiency

Coupled support

Coupled support

| O.9 | Number of ha benefitting from coupled support |
| --- | --- |

O.9

Number of ha benefitting from coupled support

Improve the farmers'
  bargaining
  position in the value
  chains by encouraging associative forms, producer organisations and collective negotiations, as well as promoting short supply chains

bargaining

chains by encouraging associative forms, producer organisations and collective negotiations, as well as promoting short supply chains

| I.8 | Improving farmers’ position in the food chain: Value added for primary producers in the food chain |
| --- | --- |

I.8

Improving farmers’ position in the food chain: Value added for primary producers in the food chain

| R.10 | Better supply chain organisation: Share of farmers participating in supported Producer Groups, Producer Organisations, local markets, short supply chain circuits and quality schemes |
| --- | --- |

R.10

Better supply chain organisation: Share of farmers participating in supported Producer Groups, Producer Organisations, local markets, short supply chain circuits and quality schemes

| O.10 | Number of heads benefitting from coupled support |
| --- | --- |

O.10

Number of heads benefitting from coupled support

| O.10a | Number of ha covered by commitments to grow leguminous crops |
| --- | --- |

O.10a

O.10a

Number of ha covered by commitments to grow leguminous crops

| R.11 | Concentration of supply: Share of value of marketed production by Producer Os with operational programmes |
| --- | --- |

R.11

Concentration of supply: Share of value of marketed production by Producer Os with operational programmes

Payments for natural constraints and other region specific constraints

Payments for natural constraints and other region specific constraints

| O.11 | Number of ha receiving ANC top up (3 categories) |
| --- | --- |

O.11

Number of ha receiving ANC top up (3 categories)

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

by reducing greenhouse gas emissions, including by enhancing carbon sinks, carbon sequestration and storage in the agriculture and food sector, as well as incorporating

, while ensuring food security, sustainable management and protection of forests, in line with the Paris agreement

| I.9 | Improving farm resilience: Index |
| --- | --- |

I.9

Improving farm resilience: Index

| R.12 | Adaptation to climate change: Share of agricultural land under commitments to improve climate adaptation |
| --- | --- |

R.12

R.12

Adaptation to climate change: Share of agricultural land under commitments to improve climate adaptation

Adaptation to climate change

| R.12a | Improving resilience with enhanced genetic diversity: share of agricultural land supported for practices and choices beneficial for genetic diversity |
| --- | --- |

R.12a

R.12a

Improving resilience with enhanced genetic diversity: share of agricultural land supported for practices and choices beneficial for genetic diversity

| O.12 | Number of ha receiving support under Natura 2000 or the Water Framework Directive |
| --- | --- |

O.12

Number of ha receiving support under Natura 2000 or the Water Framework Directive

| I.10 | Contribute to climate change mitigation: Reducing GHG emissions from agriculture |
| --- | --- |

I.10

Contribute to climate change mitigation: Reducing GHG emissions from agriculture

| I.11 | Enhancing carbon sequestration: Increase the soil organic carbon |
| --- | --- |

I.11

Enhancing carbon sequestration: Increase the soil organic carbon

| I.12 | Ensure production and use of
  sustainable energy in agriculture: Production
  and use
  of renewable energy from agriculture and forestry
  , showing net carbon sinking and net greenhouse gas savings without land use change |
| --- | --- |

I.12

I.12

Ensure production and use of
  sustainable energy in agriculture: Production
  and use
  of renewable energy from agriculture and forestry
  , showing net carbon sinking and net greenhouse gas savings without land use change

Ensure production and use of

and use

, showing net carbon sinking and net greenhouse gas savings without land use change

| R.13 | Reducing emissions in the livestock sector: Share of livestock units under support to reduce GHG emissions and/or ammonia, including
  nutrient
  management |
| --- | --- |

R.13

Reducing emissions in the livestock sector: Share of livestock units under support to reduce GHG emissions and/or ammonia, including
  nutrient
  management

nutrient

| R.14 | Carbon storage in soils and biomass: Share of land under commitments to
  reduce
  emissions,
  maintain
  and/or
  enhance
  carbon storage (permanent grassland,
  permanent crops with permanent green cover,
  agricultural land in
  wetland and
  peatland, forest, etc.) |
| --- | --- |

R.14

Carbon storage in soils and biomass: Share of land under commitments to
  reduce
  emissions,
  maintain
  and/or
  enhance
  carbon storage (permanent grassland,
  permanent crops with permanent green cover,
  agricultural land in
  wetland and
  peatland, forest, etc.)

reduce

maintain

enhance

permanent crops with permanent green cover,

wetland and

| R.15 | Renewable
  energy from agriculture and forestry: Investments in renewable energy production capacity, including bio-based (MW) |
| --- | --- |

R.15

Renewable
  energy from agriculture and forestry: Investments in renewable energy production capacity, including bio-based (MW)

Renewable

| R.16 | Enhance energy efficiency: Energy savings in agriculture |
| --- | --- |

R.16

Enhance energy efficiency: Energy savings in agriculture

| R 17 | Afforested land: Area supported for afforestation
  restoration
  and creation of
  permanent
  woodland, including agroforestry |
| --- | --- |

R 17

Afforested land: Area supported for afforestation
  restoration
  and creation of
  permanent
  woodland, including agroforestry

restoration

permanent

Payments for management commitments (environment-climate, genetic resources, animal welfare)

Payments for management commitments (environment-climate, genetic resources, animal welfare)

| O.13 | Number of ha (agricultural)
  and number of other units
  covered by environment/climate commitments going beyond mandatory requirements
  , including eco-scheme |
| --- | --- |

O.13

Number of ha (agricultural)
  and number of other units
  covered by environment/climate commitments going beyond mandatory requirements
  , including eco-scheme

and number of other units

, including eco-scheme

| O.13a | Number of ha covered by commitments in High Natural Value land |
| --- | --- |

O.13a

O.13a

Number of ha covered by commitments in High Natural Value land

Foster sustainable development and efficient management of natural resources
  and contribute to the protection and improvement of the quality of
  water, soil and air
  , including through the sustainable and reduced use of plant protection products, fertilizers and antibiotics

and contribute to the protection and improvement of the quality of

, including through the sustainable and reduced use of plant protection products, fertilizers and antibiotics

| I.13 | Reducing soil erosion
  and increased resilience against extreme weather conditions
  : Percentage of land in moderate and severe soil erosion on agricultural land |
| --- | --- |

I.13

Reducing soil erosion
  and increased resilience against extreme weather conditions
  : Percentage of land in moderate and severe soil erosion on agricultural land

and increased resilience against extreme weather conditions

| R.18 | Improving
  and protecting
  soils
  to increase their resilience
  : Share of agricultural land under management commitments beneficial for soil management
  to improve soil quality and abundance of soil biota |
| --- | --- |

R.18

Improving
  and protecting
  soils
  to increase their resilience
  : Share of agricultural land under management commitments beneficial for soil management
  to improve soil quality and abundance of soil biota

and protecting

to increase their resilience

to improve soil quality and abundance of soil biota

| O.14 | Number of ha (forestry) covered by environment/climate commitments going beyond mandatory requirements |
| --- | --- |

O.14

Number of ha (forestry) covered by environment/climate commitments going beyond mandatory requirements

| O.14a | Number of ha covered by commitments to support Integrated pest Management |
| --- | --- |

O.14a

O.14a

Number of ha covered by commitments to support Integrated pest Management

| I.13a | Building topsoils and increasing water and nutrient retention capacity: percentage of appropriate organic matter in topsoil |
| --- | --- |

I.13a

I.13a

Building topsoils and increasing water and nutrient retention capacity: percentage of appropriate organic matter in topsoil

| R.18a | Development of organic agriculture: increased share of agricultural land and number of farms under payments to a) convert to organic farming practices; or b) maintain organic farming practices*a











  *a | Separate sets of data to be provided in respect of points (a) and (b) |
| --- | --- | --- |

R.18a

R.18a

Development of organic agriculture: increased share of agricultural land and number of farms under payments to a) convert to organic farming practices; or b) maintain organic farming practices*a

*a

*a

Separate sets of data to be provided in respect of points (a) and (b)

| I.14 | Improving air quality: Reduce ammonia emissions from agriculture |
| --- | --- |

I.14

Improving air quality: Reduce ammonia emissions from agriculture

| R.19 | Improving air quality: Share of agricultural land under commitments to reduce ammonia emission
  , in accordance with Union legislation referred to in ANNEX XI |
| --- | --- |

R.19

Improving air quality: Share of agricultural land under commitments to reduce ammonia emission
  , in accordance with Union legislation referred to in ANNEX XI

, in accordance with Union legislation referred to in ANNEX XI

| I.15 | Improving water quality: Gross nutrient balance on agricultural land |
| --- | --- |

I.15

Improving water quality: Gross nutrient balance on agricultural land

| R.20 | Protecting water quality: Share of agricultural land under management commitments for water quality
  for improving the status of water bodies |
| --- | --- |

R.20

Protecting water quality: Share of agricultural land under management commitments for water quality
  for improving the status of water bodies

for improving the status of water bodies

| O.15 | Number of ha with support for organic farming |
| --- | --- |

O.15

O.15

Number of ha with support for organic farming

| R.21 | Sustainable nutrient management: Share of agricultural land under commitments related to improved nutrient management |
| --- | --- |

R.21

Sustainable nutrient management: Share of agricultural land under commitments related to improved nutrient management

| O.16 | Number of livestock units covered by support for animal welfare, health or increased biosecurity measures |
| --- | --- |

O.16

O.16

Number of livestock units covered by support for animal welfare, health or increased biosecurity measures

| 1.16 | Reducing nutrient leakage: Nitrate in ground water — Percentage of ground water stations with N concentration over 50 mg/l as per the Nitrate directive |
| --- | --- |

1.16

Reducing nutrient leakage: Nitrate in ground water — Percentage of ground water stations with N concentration over 50 mg/l as per the Nitrate directive

| R.22 | Sustainable water use: Share of irrigated land under commitments to improve water balance
  , including measures to reduce soil erosion, water metering and to increase soil water retention capacity provided for in Directive 2000/60/EC |
| --- | --- |

R.22

Sustainable water use: Share of irrigated land under commitments to improve water balance
  , including measures to reduce soil erosion, water metering and to increase soil water retention capacity provided for in Directive 2000/60/EC

, including measures to reduce soil erosion, water metering and to increase soil water retention capacity provided for in Directive 2000/60/EC

| O.17 | Number of projects
  and farmers
  supporting genetic resources
  and genetic diversity, including a break down by sectors |
| --- | --- |

O.17

Number of projects
  and farmers
  supporting genetic resources
  and genetic diversity, including a break down by sectors

and farmers

and genetic diversity, including a break down by sectors

| I.17 | Reducing pressure on water resource: Water Exploitation Index Plus (WEI+) |
| --- | --- |

I.17

Reducing pressure on water resource: Water Exploitation Index Plus (WEI+)

| R.23 | Environment-/climate-related performance through investment: Share of farmers with support in
  productive and non-productive
  investments related to care for the environment or climate |
| --- | --- |

R.23

Environment-/climate-related performance through investment: Share of farmers with support in
  productive and non-productive
  investments related to care for the environment or climate

productive and non-productive

Investments

Investments

| O.18 | Number of supported on-farm productive investments |
| --- | --- |

O.18

Number of supported on-farm productive investments

| 17a | Reducing pesticide leakage to groundwater and surface waters: percentage of groundwater bodies whose status is poor and percentage of surface water bodies in which environmental quality standards set in Directive 2008/105/EC of the European Parliament and of the Council1a or by Member States for pesticides used in agriculture that are priority substances are exceeded










  1a | Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84). |
| --- | --- | --- |

17a

17a

Reducing pesticide leakage to groundwater and surface waters: percentage of groundwater bodies whose status is poor and percentage of surface water bodies in which environmental quality standards set in Directive 2008/105/EC of the European Parliament and of the Council1a

1a

1a

Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84).

| O.19 | Number of supported local infrastructures |
| --- | --- |

O.19

Number of supported local infrastructures

| O.20 | Number of supported non-productive investments |
| --- | --- |

O.20

Number of supported non-productive investments

| O.21 | Number of off-farm productive investments |
| --- | --- |

O.21

Number of off-farm productive investments

| R.24 | Environmental/climate performance through knowledge
  and advice on natural pest control
  : Share of farmers receiving support for advice/training related to environmental- climate performance
  including independent advice from certified trainers on, and uptake of, IPM, low-input systems and techniques alternative to chemical inputs |
| --- | --- |

R.24

Environmental/climate performance through knowledge
  and advice on natural pest control
  : Share of farmers receiving support for advice/training related to environmental- climate performance
  including independent advice from certified trainers on, and uptake of, IPM, low-input systems and techniques alternative to chemical inputs

and advice on natural pest control

including independent advice from certified trainers on, and uptake of, IPM, low-input systems and techniques alternative to chemical inputs

| R.24a | Reduction of leakage of pesticides: Share of agricultural land concerned by supported specific actions which lead to a reduction of leakages of pesticides to groundwater or surface waters |
| --- | --- |

R.24a

R.24a

Reduction of leakage of pesticides: Share of agricultural land concerned by supported specific actions which lead to a reduction of leakages of pesticides to groundwater or surface waters

| R.24b | Protection of soils through crop rotation: share of arable land under commitments to support crop rotations, including commitments for leguminous crops |
| --- | --- |

R.24b

R.24b

Protection of soils through crop rotation: share of arable land under commitments to support crop rotations, including commitments for leguminous crops

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

, and contribute to halting and reversing biodiversity loss, including by protecting beneficial flora, fauna and pollinator species, by supporting agrobiodiversity, nature conservation and agroforestry, as well as contributing to greater natural resilience, restoring and preserving soils, water bodies,

, and supporting High Nature Value (HNV) farming systems

| I.18 | Increasing farmland bird populations: Farmland Bird Index |
| --- | --- |

I.18

Increasing farmland bird populations: Farmland Bird Index

| R.25 | Supporting sustainable forest management: Share of forest land under management commitments to support forest protection and management. |
| --- | --- |

R.25

Supporting sustainable forest management: Share of forest land under management commitments to support forest protection and management.

Installation grants

Installation grants

| O.22 | Number of
  young
  farmers receiving installation grants |
| --- | --- |

O.22

Number of
  young
  farmers receiving installation grants

young

| O.22a | Number of new farmers receiving installation grants |
| --- | --- |

O.22a

O.22a

Number of new farmers receiving installation grants

| O.23 | Number of rural entrepreneurs receiving installation grants |
| --- | --- |

O.23

Number of rural entrepreneurs receiving installation grants

| I.19 | Enhanced biodiversity protection: Percentage of species and habitats of Community interest related to agriculture with stable or increasing trends |
| --- | --- |

I.19

Enhanced biodiversity protection: Percentage of species and habitats of Community interest related to agriculture with stable or increasing trends

| R.26 | Protecting forest ecosystems: Share of forest land under management commitments for supporting landscape, biodiversity and ecosystem services |
| --- | --- |

R.26

Protecting forest ecosystems: Share of forest land under management commitments for supporting landscape, biodiversity and ecosystem services

| I.19a | Reversing pollinator decline: Pollinators Indicator*a |
| --- | --- |

I.19a

I.19a

Reversing pollinator decline: Pollinators Indicator*a

| I.20 | Enhanced provision of ecosystem services: share of
  agricultural land
  covered with landscape features |
| --- | --- |

I.20

Enhanced provision of ecosystem services: share of
  agricultural land
  covered with landscape features

agricultural land

| R.27 | Preserving habitats and species: Share of agricultural land under management commitments supporting biodiversity conservation or restoration,
  including HNV farmland |
| --- | --- |

R.27

Preserving habitats and species: Share of agricultural land under management commitments supporting biodiversity conservation or restoration,
  including HNV farmland

including HNV farmland

Cooperation

| O.24 | Number of supported producer groups/organisations |
| --- | --- |

O.24

Number of supported producer groups/organisations

| O.25 | Number of farmers receiving support to participate in EU quality schemes |
| --- | --- |

O.25

Number of farmers receiving support to participate in EU quality schemes

| I.20a | Increased agro-biodiversity in farming system: diversity among crops |
| --- | --- |

I.20a

I.20a

Increased agro-biodiversity in farming system: diversity among crops

| O.26 | Number of generational renewal projects (young/non-young farmers) |
| --- | --- |

O.26

Number of generational renewal projects (young/non-young farmers)

| R.28 | Supporting Natura 2000: Area in Natura 2000 sites under commitments for protection, maintenance and restoration |
| --- | --- |

R.28

Supporting Natura 2000: Area in Natura 2000 sites under commitments for protection, maintenance and restoration

| O.27 | Number of local development strategies (LEADER) |
| --- | --- |

O.27

Number of local development strategies (LEADER)

| R.28a. | Improving agro-biodiversity: Share of lands under commitments beneficial for agro-biodiversity, broken down by types of interventions |
| --- | --- |

R.28a.

R.28a.

Improving agro-biodiversity: Share of lands under commitments beneficial for agro-biodiversity, broken down by types of interventions

| O.28 | Number of other cooperation groups (excluding EIP reported under O.1) |
| --- | --- |

O.28

Number of other cooperation groups (excluding EIP reported under O.1)

| R.29 | Preserving landscape features: Share of agriculture land under commitments for managing landscape features, including hedgerows
  , trees and semi-natural vegetation |
| --- | --- |

R.29

Preserving landscape features: Share of agriculture land under commitments for managing landscape features, including hedgerows
  , trees and semi-natural vegetation

, trees and semi-natural vegetation

| R.29a | Preserving beehives: Number of beneficiaries for the support to beekeeping |
| --- | --- |

R.29a

R.29a

Preserving beehives: Number of beneficiaries for the support to beekeeping

| R.29b | Fostering high nature value farming: Share of agricultural area under management commitments to generate high nature value |
| --- | --- |

R.29b

R.29b

Fostering high nature value farming: Share of agricultural area under management commitments to generate high nature value

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

and support

, new farmers, and promoting the participation of women in the agricultural sector, particularly in the most depopulated areas and areas with natural constraints; facilitate training and experience across the Union, sustainable

and job creation

| 1.21 | Attracting young farmers
  , new farmers and facilitate business development:
  Evolution of number of
  young farmers and
  new farmers
  , including a gender breakdown and SMEs in rural areas |
| --- | --- |

1.21

Attracting young farmers
  , new farmers and facilitate business development:
  Evolution of number of
  young farmers and
  new farmers
  , including a gender breakdown and SMEs in rural areas

, new farmers and facilitate business development:

young farmers and

, including a gender breakdown and SMEs in rural areas

| R.30 | Generational renewal: Number of young farmers
  and new farmers
  setting up a farm with support from the CAP
  , including a gender breakdown |
| --- | --- |

R.30

Generational renewal: Number of young farmers
  and new farmers
  setting up a farm with support from the CAP
  , including a gender breakdown

and new farmers

, including a gender breakdown

Knowledge exchange and information

| O.29 | Number of farmers trained/given advice |
| --- | --- |

O.29

Number of farmers trained/given advice

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

social and territorial cohesion in rural areas including through

creation

investment,

, combatting rural poverty

through

including high quality local services for rural communities

focussing in particular on areas with natural constraints; promoting decent living, working and economic conditions; diversification of activities and income,

agri-tourism

sustainable

, circular economy,

, while respecting gender equality

promoting equal opportunities in rural areas through specific support measures, and recognition of women's work in agriculture, crafts, tourism and local services

| I.22 | Contributing to jobs in rural areas: Evolution of the employment rate in predominantly rural areas
  , including a gender breakdown |
| --- | --- |

I.22

Contributing to jobs in rural areas: Evolution of the employment rate in predominantly rural areas
  , including a gender breakdown

, including a gender breakdown

| R.31 | Growth and jobs in rural areas: New jobs in supported projects
  , including a gender breakdown |
| --- | --- |

R.31

Growth and jobs in rural areas: New jobs in supported projects
  , including a gender breakdown

, including a gender breakdown

| O.30 | Number of non-farmers trained/given advice |
| --- | --- |

O.30

Number of non-farmers trained/given advice

| I.23 | Contributing to growth in rural areas: Evolution of GDP per head in predominantly rural areas |
| --- | --- |

I.23

Contributing to growth in rural areas: Evolution of GDP per head in predominantly rural areas

| R.32 | Developing the rural bioeconomy: Number of bio-economy businesses developed with support |
| --- | --- |

R.32

Developing the rural bioeconomy: Number of bio-economy businesses developed with support

Horizontal indicators

Horizontal indicators

| O.31 | Number of ha under environmental practices (synthesis indicator on physical area covered by conditionality, ELS, AECM, forestry measures, organic farming) |
| --- | --- |

O.31

Number of ha under environmental practices (synthesis indicator on physical area covered by conditionality, ELS, AECM, forestry measures, organic farming)

| I.24 | A fairer CAP: Improve the distribution of CAP support |
| --- | --- |

I.24

A fairer CAP: Improve the distribution of CAP support

| R.33 | Digitising the rural economy:
  Share of
  rural population covered by
  supported farming digitalisation and share of rural areas covered by
  a supported Smart Villages strategy |
| --- | --- |

R.33

Digitising the rural economy:
  Share of
  rural population covered by
  supported farming digitalisation and share of rural areas covered by
  a supported Smart Villages strategy

Share of

supported farming digitalisation and share of rural areas covered by

| O.32 | Number of ha subject to conditionality (broken down by GAEP practice) |
| --- | --- |

O.32

Number of ha subject to conditionality (broken down by GAEP practice)

| I.25 | Promoting rural inclusion: Evolution of poverty index in rural areas
  , including a gender breakdown |
| --- | --- |

I.25

Promoting rural inclusion: Evolution of poverty index in rural areas
  , including a gender breakdown

, including a gender breakdown

| R.34 | Connecting rural Europe: Share of rural population benefitting from improved access to services and infrastructure through CAP support |
| --- | --- |

R.34

Connecting rural Europe: Share of rural population benefitting from improved access to services and infrastructure through CAP support

Sectorial programmes

Sectorial programmes

| O.33 | Number of producer organisations setting up an operational fund/program |
| --- | --- |

O.33

Number of producer organisations setting up an operational fund/program

| R.35 | Promoting social inclusion: Number of people from minority and/or vulnerable groups benefitting from supported social inclusion projects |
| --- | --- |

R.35

Promoting social inclusion: Number of people from minority and/or vulnerable groups benefitting from supported social inclusion projects

| O.34 | Number of promotion and information actions, and market monitoring |
| --- | --- |

O.34

Number of promotion and information actions, and market monitoring

Improve the response of EU agriculture to societal demands on food and health, including safe, nutritious
  high quality
  and sustainable food,
  organic agriculture, food waste, as well as environmental sustainability, antimicrobial resistance and improving
  animal
  health and
  welfare
  , as well as increasing social awareness of the importance of agriculture and rural areas while contributing to the implementation of the 2030 Agenda for Sustainable Development

high quality

organic agriculture, food waste, as well as environmental sustainability, antimicrobial resistance and improving

health and

, as well as increasing social awareness of the importance of agriculture and rural areas while contributing to the implementation of the 2030 Agenda for Sustainable Development

| I.26 | Limiting antibiotic use
  and appropriate use of veterinary medicinal products
  in agriculture: sales/use in food producing animals |
| --- | --- |

I.26

Limiting antibiotic use
  and appropriate use of veterinary medicinal products
  in agriculture: sales/use in food producing animals

and appropriate use of veterinary medicinal products

| R.36 | Limiting antibiotic use: Share of livestock units concerned by supported actions to limit the use of antibiotics (prevention/reduction) |
| --- | --- |

R.36

Limiting antibiotic use: Share of livestock units concerned by supported actions to limit the use of antibiotics (prevention/reduction)

| O.35 | Number of actions for beekeeping preservation/improvement |
| --- | --- |

O.35

Number of actions for beekeeping preservation/improvement

| I.27 | Sustainable
  and reduced
  use of pesticides: Reduce risks
  , use
  and impacts of pesticides** |
| --- | --- |

I.27

Sustainable
  and reduced
  use of pesticides: Reduce risks
  , use
  and impacts of pesticides**

and reduced

, use

| R.37 | Sustainable
  and reduced use of pesticides
  : Share of agricultural land concerned by supported specific actions which lead to a sustainable
  and reduced
  use of pesticides in order to reduce risks and impacts of pesticides |
| --- | --- |

R.37

Sustainable
  and reduced use of pesticides
  : Share of agricultural land concerned by supported specific actions which lead to a sustainable
  and reduced
  use of pesticides in order to reduce risks and impacts of pesticides

and reduced use of pesticides

and reduced

| I.28 | Responding to consumer demand for quality food: Value of production under EU quality schemes (incl. organics) |
| --- | --- |

I.28

Responding to consumer demand for quality food: Value of production under EU quality schemes (incl. organics)

| R.38 | Improving animal welfare: Share of livestock units covered by supported action to improve animal welfare |
| --- | --- |

R.38

Improving animal welfare: Share of livestock units covered by supported action to improve animal welfare

| * | Most of impact indicators are already collected via other channels (European statistics, JRC, EEA...) and used in the framework of other EU legislation or SDGs. The data collection frequency is not always annual and there might be 2/3 years delay. |
| --- | --- |

*

Most of impact indicators are already collected via other channels (European statistics, JRC, EEA...) and used in the framework of other EU legislation or SDGs. The data collection frequency is not always annual and there might be 2/3 years delay.

| *a | Pollinator index will be implemented after their methodology will be set up by the Commission |
| --- | --- |

*a

*a

Pollinator index will be implemented after their methodology will be set up by the Commission

| ** | Directive on sustainable use of pesticides |
| --- | --- |

**

Directive on sustainable use of pesticides

| * | Proxies for results. Data notified annually by MS to monitor the progress towards the targets they established in the CAP plans. |
| --- | --- |

*

Proxies for results. Data notified annually by MS to monitor the progress towards the targets they established in the CAP plans.

| * | Data notified annually for their declared expenditure. |
| --- | --- |

*

Data notified annually for their declared expenditure.

| ** | Support to operational Groups under EIP falls under the provisions of cooperation. |
| --- | --- |

**

Support to operational Groups under EIP falls under the provisions of cooperation.

Amendment 1141

Amendment 1141

Proposal for a regulation

Proposal for a regulation

Annex III

Annex III

Text proposed by the Commission

Text proposed by the Commission

ANNEX III

ANNEX III

RULES ON CONDITIONALITY PURSUANT TO ARTICLE 11

RULES ON CONDITIONALITY PURSUANT TO ARTICLE 11

SMR: Statutory Management Requirement

GAEC: Standards for good agricultural and environmental condition of land

| Areas | Main Issue | Requirements and standards | Main objective of the standard |
| --- | --- | --- | --- |
| Climate and environment | Climate change
  (mitigation of and adaptation to) | GAEC 1 | Maintenance of permanent grassland based on a ratio of permanent grassland in relation to agricultural area | General safeguard against conversion to other agricultural uses to preserve carbon stock |
| GAEC 2 | Appropriate protection of wetland and peatland | Protection of carbon-rich soils |
| GAEC 3 | Ban on burning arable stubble, except for plant health reasons | Maintenance of soil organic matter |
| Water | SMR 1 | Directive 2000/60/EC of 23 October 2000 of the European Parliament and of the Council establishing a framework for Community action in the field of water policy:
  Article 11(3)(e) and Article 11(3)(h) as regards mandatory requirements to control diffuse sources of pollution by phosphates | |
| SMR 2 | 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 | |
| GAEC 4 | Establishment of buffer strips along water courses (2) | Protection of river courses against pollution and run-off |
| GAEC 5 | Use of Farm Sustainability Tool for Nutrients

   (3) | Sustainable management of nutrients |
| Soil
  (protection and quality) | GAEC 6 | Tillage management reducing the risk of soil degradation, including slope consideration | Minimum land management reflecting site specific conditions to limit erosion |
| GAEC 7 | No bare soil in most sensitive period(s) | Protection of soils in winter |
| GAEC 8 | Crop rotation | Preserve the soil potential |
| Biodiversity and landscape
  (protection and quality) | SMR 3 | Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7):
  Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) | |
| SMR 4 | Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna (OJ L 206, 22.7.1992, p. 7):
  Article 6(1) and (2) | |
| GAEC 9 | — | Minimum share of
  agricultural area devoted to non-productive features or areas |

Areas

Areas

Main Issue

Main Issue

Requirements and standards

Requirements and standards

Main objective of the standard

Main objective of the standard

Climate and environment

Climate change

(mitigation of and adaptation to)

GAEC 1

Maintenance of permanent grassland based on a ratio of permanent grassland in relation to agricultural area

General safeguard against conversion to other agricultural uses to preserve carbon stock

General safeguard against conversion to other agricultural uses to preserve carbon stock

GAEC 2

Appropriate protection of wetland and peatland

Protection of carbon-rich soils

Protection of carbon-rich soils

GAEC 3

Ban on burning arable stubble, except for plant health reasons

Maintenance of soil organic matter

Maintenance of soil organic matter

Water

SMR 1

Directive 2000/60/EC of 23 October 2000 of the European Parliament and of the Council establishing a framework for Community action in the field of water policy:

Article 11(3)(e) and Article 11(3)(h) as regards mandatory requirements to control diffuse sources of pollution by phosphates

SMR 2

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

GAEC 4

Establishment of buffer strips along water courses (2)

2

Protection of river courses against pollution and run-off

Protection of river courses against pollution and run-off

GAEC 5

GAEC 5

Use of Farm Sustainability Tool for Nutrients

   (3)

Use of Farm Sustainability Tool for Nutrients

3

Sustainable management of nutrients

Sustainable management of nutrients

Soil

(protection and quality)

GAEC 6

Tillage management reducing the risk of soil degradation, including slope consideration

Minimum land management reflecting site specific conditions to limit erosion

Minimum land management reflecting site specific conditions to limit erosion

GAEC 7

No bare soil in most sensitive period(s)

Protection of soils in winter

Protection of soils in winter

GAEC 8

Crop rotation

Preserve the soil potential

Preserve the soil potential

Biodiversity and landscape

(protection and quality)

SMR 3

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7):

Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4)

SMR 4

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna (OJ L 206, 22.7.1992, p. 7):

Article 6(1) and (2)

GAEC 9

—

Minimum share of
  agricultural area devoted to non-productive features or areas

agricultural area devoted to non-productive features or areas

| — | Retention of landscape features |
| --- | --- |

—

Retention of landscape features

| — | Ban on cutting hedges and trees during the bird breeding and rearing season |
| --- | --- |

—

Ban on cutting hedges and trees during the bird breeding and rearing season

| — | As an option, measures for avoiding invasive plant species |
| --- | --- |

—

As an option, measures for avoiding invasive plant species

Maintenance of non-productive features and area to improve on-farm biodiversity

Maintenance of non-productive features and area to improve on-farm biodiversity

GAEC 10

Ban on converting or ploughing
  permanent grassland in Natura 2000 sites

Ban on converting or ploughing

Protection of habitats and species

Protection of habitats and species

Public health, animal health and plant health

Food safety

SMR 5

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1):

Articles 14 and 15, Article 17(1) (4) and Articles 18, 19 and 20

4

SMR 6

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 23.5.1996, p. 3):

Article 3(a), (b), (d) and (e) and Articles 4, 5 and 7

Identification and registration of animals

SMR 7

Council Directive 2008/71/EC of 15 July 2008 on identification and registration of pigs (OJ L 213, 8.8.2008, p. 31):

Article
  s
  3
  , 4 and 5

s

, 4 and 5

SMR 8

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97(OJ L 204, 11.8.2000, p. 1):

Article
  s 4 and
  7

s 4 and

SMR 9

Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8):

Articles 3
  , 4
  and 5

, 4

Animal diseases

SMR 10

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1):

Articles 7, 11, 12, 13 and 15

SMR 11

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases (OJ L 84, 31.3.2016, p. 1)

Article 18(1), limited to foot-and-mouth disease, swine vesicular disease and blue tongue.

Plant protection products

SMR 12

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1):

Article 55, first and second sentence

SMR 13

Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71):

Article 5(2) and Article 8(1) to (5)

Article 12 with regard to restrictions on the use of pesticides in protected areas defined on the basis of the Water Framework Directive and Natura 2000 legislation.

Article 13(1) and (3) on handling and storage of pesticides and disposal of remnants.

Animal welfare

Animal welfare

SMR 14

Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (OJ L 10, 15.1.2009, p. 7):

Articles 3 and 4

SMR 15

Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (OJ L 47, 18.2.2009, p. 5):

Article 3 and Article 4

SMR 16

Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes(OJ L 221, 8.8.1998, p. 23):

Article 4

Amendment

Amendment

ANNEX III

ANNEX III

RULES ON CONDITIONALITY PURSUANT TO ARTICLE 11

RULES ON CONDITIONALITY PURSUANT TO ARTICLE 11

SMR: Statutory Management Requirement

GAEC: Standards for good agricultural and environmental condition of land

| Areas | Main Issue | Requirements and standards | Main objective of the standard |
| --- | --- | --- | --- |
| Climate and environment | Climate change
  (mitigation of and adaptation to) | GAEC 1 | Maintenance of permanent grassland
  at regional or national level
  based on a ratio of permanent grassland in relation to agricultural area
  in comparison to the reference year 2018.




  Maximum variation coefficient of 5 % compared to the reference year

   (5)

  . | General safeguard against conversion to other agricultural uses to preserve carbon stock |
| GAEC 2 | Effective
  protection of wetland and
  appropriate maintenance of
  peatland | Protection of carbon-rich soils |
| GAEC 3 | Ban on burning arable stubble, except for plant health reasons | Maintenance of soil organic matter |
| Water | SMR 1 | Directive 2000/60/EC of 23 October 2000 of the European Parliament and of the Council establishing a framework for Community action in the field of water policy:
  Article 11(3)(e) and Article 11(3)(h) as regards mandatory requirements to control diffuse sources of pollution by phosphates | |
| SMR 2 | 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 | |
| GAEC 4 | Establishment of buffer strips along water courses
  with a minimum witdh of 3m without using pesticides and fertilisers

   (6) | Protection of river courses

  , water supplies and eco-systems

  against pollution and run-off |
| Soil
  (protection and quality) | GAEC 6 | Appropriate t
  illage management reducing the risk of soil degradation
  and loss
  , including slope consideration | Minimum land management reflecting site specific conditions to limit erosion |
| GAEC 7 | No bare soil in most sensitive period(s)
  , except when it is being worked | Physical p

  rotection of soils

  against erosion, maintaining soil biota |
| GAEC 8 | Crop rotation
  in arable land, including a leguminous crop, except for crops growing under water | Preserve the soil potential |
| Biodiversity and landscape
  (protection and quality) | SMR 3 | Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds OJ L 20, 26.1.2010, p. 7):
  Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) | |
| SMR 4 | Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna (OJ L 206, 22.7.1992, p. 7):
  Article 6(1) and (2) | |
| GAEC 9 | — | Minimum share of
  5 % non-productive features and areas on arable land where no pestcides and fetilisers are used

   (7) |

Areas

Areas

Main Issue

Main Issue

Requirements and standards

Requirements and standards

Main objective of the standard

Main objective of the standard

Climate and environment

Climate change

(mitigation of and adaptation to)

GAEC 1

Maintenance of permanent grassland
  at regional or national level
  based on a ratio of permanent grassland in relation to agricultural area
  in comparison to the reference year 2018.

at regional or national level

in comparison to the reference year 2018.

Maximum variation coefficient of 5 % compared to the reference year

   (5)

  .

Maximum variation coefficient of 5 % compared to the reference year

5

.

General safeguard against conversion to other agricultural uses to preserve carbon stock

General safeguard against conversion to other agricultural uses to preserve carbon stock

GAEC 2

Effective
  protection of wetland and
  appropriate maintenance of
  peatland

Effective

appropriate maintenance of

Protection of carbon-rich soils

Protection of carbon-rich soils

GAEC 3

Ban on burning arable stubble, except for plant health reasons

Maintenance of soil organic matter

Maintenance of soil organic matter

Water

SMR 1

Directive 2000/60/EC of 23 October 2000 of the European Parliament and of the Council establishing a framework for Community action in the field of water policy:

Article 11(3)(e) and Article 11(3)(h) as regards mandatory requirements to control diffuse sources of pollution by phosphates

SMR 2

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

GAEC 4

Establishment of buffer strips along water courses
  with a minimum witdh of 3m without using pesticides and fertilisers

   (6)

with a minimum witdh of 3m without using pesticides and fertilisers

6

Protection of river courses

  , water supplies and eco-systems

  against pollution and run-off

Protection of river courses

, water supplies and eco-systems

against pollution and run-off

Soil

(protection and quality)

GAEC 6

Appropriate t
  illage management reducing the risk of soil degradation
  and loss
  , including slope consideration

Appropriate t

and loss

Minimum land management reflecting site specific conditions to limit erosion

Minimum land management reflecting site specific conditions to limit erosion

GAEC 7

No bare soil in most sensitive period(s)
  , except when it is being worked

, except when it is being worked

Physical p

  rotection of soils

  against erosion, maintaining soil biota

Physical p

rotection of soils

against erosion, maintaining soil biota

GAEC 8

Crop rotation
  in arable land, including a leguminous crop, except for crops growing under water

in arable land, including a leguminous crop, except for crops growing under water

Preserve the soil potential

Preserve the soil potential

Biodiversity and landscape

(protection and quality)

SMR 3

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds OJ L 20, 26.1.2010, p. 7):

Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4)

SMR 4

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna (OJ L 206, 22.7.1992, p. 7):

Article 6(1) and (2)

GAEC 9

—

Minimum share of
  5 % non-productive features and areas on arable land where no pestcides and fetilisers are used

   (7)

5 % non-productive features and areas on arable land where no pestcides and fetilisers are used

7

| — | Retention of landscape features |
| --- | --- |

—

Retention of landscape features

| — | Ban on cutting hedges and trees during the bird breeding and rearing season |
| --- | --- |

—

Ban on cutting hedges and trees during the bird breeding and rearing season

| — | As an option, measures for avoiding invasive plant species |
| --- | --- |

—

As an option, measures for avoiding invasive plant species

Maintenance of non-productive features and area to improve on-farm biodiversity

Maintenance of non-productive features and area to improve on-farm biodiversity

GAEC 10

Appropriate protection of
  permanent grassland in Natura 2000 sites
  according to the site-specific management plan

Appropriate protection of

according to the site-specific management plan

Protection of habitats and species,

  carbon sinking

Protection of habitats and species,

carbon sinking

Public health, animal health and plant health

Food safety

SMR 5

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1):

Articles 14 and 15, Article 17(1) (8) and Articles 18, 19 and 20

8

SMR 6

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 23.5.1996, p. 3):

Article 3(a), (b), (d) and (e) and Articles 4, 5 and 7

Identification and registration of animals

SMR 7

Council Directive 2008/71/EC of 15 July 2008 on identification and registration of pigs (OJ L 213, 8.8.2008, p. 31):

Article 3

SMR 8

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97(OJ L 204, 11.8.2000, p. 1):

Article 7

SMR 9

Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8):

Articles 3 and 5

Animal diseases

SMR 10

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1):

Articles 7, 11, 12, 13 and 15

SMR 11

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases (OJ L 84, 31.3.2016, p. 1)

Article 18(1), limited to foot-and-mouth disease, swine vesicular disease and blue tongue.

Plant protection products

SMR 12

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1):

Article 55, first and second sentence

SMR 13

Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71):

Article 5(2) and Article 8(1) to (5)

Article 12 with regard to restrictions on the use of pesticides in protected areas defined on the basis of the Water Framework Directive and Natura 2000 legislation.

Article 13(1) and (3) on handling and storage of pesticides and disposal of remnants.

Animal welfare

Animal welfare

SMR 14

Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (OJ L 10, 15.1.2009, p. 7):

Articles 3 and 4

SMR 15

Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (OJ L 47, 18.2.2009, p. 5):

Article 3 and Article 4

SMR 16

Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes(OJ L 221, 8.8.1998, p. 23):

Article 4

Amendment 718

Amendment 718

Proposal for a regulation

Proposal for a regulation

Annex IV — table

Annex IV — table

Text proposed by the Commission

Text proposed by the Commission

MEMBER STATES ALLOCATIONS FOR DIRECT PAYMENTS REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 81(1)

| (current prices in EUR) |
| --- |
| Calendar year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 and the subsequent years |
| Belgium | 485 603 954 | 485 603 954 | 485 603 954 | 485 603 954 | 485 603 954 | 485 603 954 | 485 603 954 |
| Bulgaria | 776 281 570 | 784 748 620 | 793 215 670 | 801 682 719 | 810 149 769 | 818 616 819 | 818 616 819 |
| Czech Republic | 838 844 295 | 838 844 295 | 838 844 295 | 838 844 295 | 838 844 295 | 838 844 295 | 838 844 295 |
| Denmark | 846 124 520 | 846 124 520 | 846 124 520 | 846 124 520 | 846 124 520 | 846 124 520 | 846 124 520 |
| Germany | 4 823 107 939 | 4 823 107 939 | 4 823 107 939 | 4 823 107 939 | 4 823 107 939 | 4 823 107 939 | 4 823 107 939 |
| Estonia | 167 721 513 | 172 667 776 | 177 614 039 | 182 560 302 | 187 506 565 | 192 452 828 | 192 452 828 |
| Ireland | 1 163 938 279 | 1 163 938 279 | 1 163 938 279 | 1 163 938 279 | 1 163 938 279 | 1 163 938 279 | 1 163 938 279 |
| Greece | 2 036 560 894 | 2 036 560 894 | 2 036 560 894 | 2 036 560 894 | 2 036 560 894 | 2 036 560 894 | 2 036 560 894 |
| Spain | 4 768 736 743 | 4 775 898 870 | 4 783 060 997 | 4 790 223 124 | 4 797 385 252 | 4 804 547 379 | 4 804 547 379 |
| France | 7 147 786 964 | 7 147 786 964 | 7 147 786 964 | 7 147 786 964 | 7 147 786 964 | 7 147 786 964 | 7 147 786 964 |
| Croatia | 344 340 000 | 367 711 409 | 367 711 409 | 367 711 409 | 367 711 409 | 367 711 409 | 367 711 409 |
| Italy | 3 560 185 516 | 3 560 185 516 | 3 560 185 516 | 3 560 185 516 | 3 560 185 516 | 3 560 185 516 | 3 560 185 516 |
| Cyprus | 46 750 094 | 46 750 094 | 46 750 094 | 46 750 094 | 46 750 094 | 46 750 094 | 46 750 094 |
| Latvia | 299 633 591 | 308 294 625 | 316 955 660 | 325 616 694 | 334 277 729 | 342 938 763 | 342 938 763 |
| Lithuania | 510 820 241 | 524 732 238 | 538 644 234 | 552 556 230 | 566 468 227 | 580 380 223 | 580 380 223 |
| Luxembourg | 32 131 019 | 32 131 019 | 32 131 019 | 32 131 019 | 32 131 019 | 32 131 019 | 32 131 019 |
| Hungary | 1 219 769 672 | 1 219 769 672 | 1 219 769 672 | 1 219 769 672 | 1 219 769 672 | 1 219 769 672 | 1 219 769 672 |
| Malta | 4 507 492 | 4 507 492 | 4 507 492 | 4 507 492 | 4 507 492 | 4 507 492 | 4 507 492 |
| Netherlands | 703 870 373 | 703 870 373 | 703 870 373 | 703 870 373 | 703 870 373 | 703 870 373 | 703 870 373 |
| Austria | 664 819 537 | 664 819 537 | 664 819 537 | 664 819 537 | 664 819 537 | 664 819 537 | 664 819 537 |
| Poland | 2 972 977 807 | 3 003 574 280 | 3 034 170 753 | 3 064 767 227 | 3 095 363 700 | 3 125 960 174 | 3 125 960 174 |
| Portugal | 584 824 383 | 593 442 972 | 602 061 562 | 610 680 152 | 619 298 742 | 627 917 332 | 627 917 332 |
| Romania | 1 856 172 601 | 1 883 211 603 | 1 910 250 604 | 1 937 289 605 | 1 964 328 606 | 1 991 367 607 | 1 991 367 607 |
| Slovenia | 129 052 673 | 129 052 673 | 129 052 673 | 129 052 673 | 129 052 673 | 129 052 673 | 129 052 673 |
| Slovakia | 383 806 378 | 388 574 951 | 393 343 524 | 398 112 097 | 402 880 670 | 407 649 243 | 407 649 243 |
| Finland | 505 999 667 | 507 783 955 | 509 568 242 | 511 352 530 | 513 136 817 | 514 921 104 | 514 921 104 |
| Sweden | 672 760 909 | 672 984 762 | 673 208 615 | 673 432 468 | 673 656 321 | 673 880 175 | 673 880 175 |

(current prices in EUR)

Calendar year

2021

2022

2023

2024

2025

2026

2027 and the subsequent years

Belgium

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

Bulgaria

776 281 570

776 281 570

784 748 620

784 748 620

793 215 670

793 215 670

801 682 719

801 682 719

810 149 769

810 149 769

818 616 819

818 616 819

818 616 819

818 616 819

Czech Republic

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

Denmark

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

Germany

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

Estonia

167 721 513

167 721 513

172 667 776

172 667 776

177 614 039

177 614 039

182 560 302

182 560 302

187 506 565

187 506 565

192 452 828

192 452 828

192 452 828

192 452 828

Ireland

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

Greece

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

2 036 560 894

Spain

4 768 736 743

4 768 736 743

4 775 898 870

4 775 898 870

4 783 060 997

4 783 060 997

4 790 223 124

4 790 223 124

4 797 385 252

4 797 385 252

4 804 547 379

4 804 547 379

4 804 547 379

4 804 547 379

France

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

Croatia

344 340 000

344 340 000

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

Italy

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

Cyprus

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

Latvia

299 633 591

299 633 591

308 294 625

308 294 625

316 955 660

316 955 660

325 616 694

325 616 694

334 277 729

334 277 729

342 938 763

342 938 763

342 938 763

342 938 763

Lithuania

510 820 241

510 820 241

524 732 238

524 732 238

538 644 234

538 644 234

552 556 230

552 556 230

566 468 227

566 468 227

580 380 223

580 380 223

580 380 223

580 380 223

Luxembourg

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

Hungary

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

Malta

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

Netherlands

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

Austria

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

Poland

2 972 977 807

2 972 977 807

3 003 574 280

3 003 574 280

3 034 170 753

3 034 170 753

3 064 767 227

3 064 767 227

3 095 363 700

3 095 363 700

3 125 960 174

3 125 960 174

3 125 960 174

3 125 960 174

Portugal

584 824 383

584 824 383

593 442 972

593 442 972

602 061 562

602 061 562

610 680 152

610 680 152

619 298 742

619 298 742

627 917 332

627 917 332

627 917 332

627 917 332

Romania

1 856 172 601

1 856 172 601

1 883 211 603

1 883 211 603

1 910 250 604

1 910 250 604

1 937 289 605

1 937 289 605

1 964 328 606

1 964 328 606

1 991 367 607

1 991 367 607

1 991 367 607

1 991 367 607

Slovenia

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

Slovakia

383 806 378

383 806 378

388 574 951

388 574 951

393 343 524

393 343 524

398 112 097

398 112 097

402 880 670

402 880 670

407 649 243

407 649 243

407 649 243

407 649 243

Finland

505 999 667

505 999 667

507 783 955

507 783 955

509 568 242

509 568 242

511 352 530

511 352 530

513 136 817

513 136 817

514 921 104

514 921 104

514 921 104

514 921 104

Sweden

672 760 909

672 760 909

672 984 762

672 984 762

673 208 615

673 208 615

673 432 468

673 432 468

673 656 321

673 656 321

673 880 175

673 880 175

673 880 175

673 880 175

Amendment

Amendment

MEMBER STATES ALLOCATIONS FOR DIRECT PAYMENTS REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 81(1)

| (current prices in EUR) |
| --- |
| Calendar year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 and the subsequent years |
| Belgium | X | X | X | X | X | X | X |
| Bulgaria | X | X | X | X | X | X | X |
| Czech Republic | X | X | X | X | X | X | X |
| Denmark | X | X | X | X | X | X | X |
| Germany | X | X | X | X | X | X | X |
| Estonia | X | X | X | X | X | X | X |
| Ireland | X | X | X | X | X | X | X |
| Greece | X | X | X | X | X | X | X |
| Spain | X | X | X | X | X | X | X |
| France | X | X | X | X | X | X | X |
| Croatia | X | X | X | X | X | X | X |
| Italy | X | X | X | X | X | X | X |
| Cyprus | X | X | X | X | X | X | X |
| Latvia | X | X | X | X | X | X | X |
| Lithuania | X | X | X | X | X | X | X |
| Luxembourg | X | X | X | X | X | X | X |
| Hungary | X | X | X | X | X | X | X |
| Malta | X | X | X | X | X | X | X |
| Netherlands | X | X | X | X | X | X | X |
| Austria | X | X | X | X | X | X | X |
| Poland | X | X | X | X | X | X | X |
| Portugal | X | X | X | X | X | X | X |
| Romania | X | X | X | X | X | X | X |
| Slovenia | X | X | X | X | X | X | X |
| Slovakia | X | X | X | X | X | X | X |
| Finland | X | X | X | X | X | X | X |
| Sweden | X | X | X | X | X | X | X |
| | |

(current prices in EUR)

Calendar year

2021

2022

2023

2024

2025

2026

2027 and the subsequent years

Belgium

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Bulgaria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Czech Republic

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Denmark

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Germany

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Estonia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Ireland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Greece

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Spain

X

X

X

X

X

X

X

X

X

X

X

X

X

X

France

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Croatia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Italy

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Cyprus

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Latvia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Lithuania

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Luxembourg

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Hungary

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Malta

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Netherlands

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Austria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Poland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Portugal

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Romania

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Slovenia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Slovakia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Finland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Sweden

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Amendment 719

Amendment 719

Proposal for a regulation

Proposal for a regulation

Annex V — table

Annex V — table

Text proposed by the Commission

Text proposed by the Commission

MEMBER STATES’ ANNUAL ALLOCATIONS FOR TYPES OF INTERVENTION IN THE WINE SECTOR AS REFERRED TO IN ARTICLE 82(1)

| EUR (current prices) |
| --- |
| Bulgaria | 25 721 000 |
| Czech Republic | 4 954 000 |
| Germany | 37 381 000 |
| Greece | 23 030 000 |
| Spain | 202 147 000 |
| France | 269 628 000 |
| Croatia | 10 410 000 |
| Italy | 323 883 000 |
| Cyprus | 4 465 000 |
| Lithuania | 43 000 |
| Hungary | 27 970 000 |
| Austria | 13 155 000 |
| Portugal | 62 670 000 |
| Romania | 45 844 000 |
| Slovenia | 4 849 000 |
| Slovakia | 4 887 000 |

EUR (current prices)

Bulgaria

25 721 000

25 721 000

Czech Republic

4 954 000

4 954 000

Germany

37 381 000

37 381 000

Greece

23 030 000

23 030 000

Spain

202 147 000

202 147 000

France

269 628 000

269 628 000

Croatia

10 410 000

10 410 000

Italy

323 883 000

323 883 000

Cyprus

4 465 000

4 465 000

Lithuania

43 000

43 000

Hungary

27 970 000

27 970 000

Austria

13 155 000

13 155 000

Portugal

62 670 000

62 670 000

Romania

45 844 000

45 844 000

Slovenia

4 849 000

4 849 000

Slovakia

4 887 000

4 887 000

Amendment

Amendment

MEMBER STATES’ ANNUAL ALLOCATIONS FOR TYPES OF INTERVENTION IN THE WINE SECTOR AS REFERRED TO IN ARTICLE 82(1)

| EUR (current prices) |
| --- |
| Bulgaria | X |
| Czech Republic | X |
| Germany | X |
| Greece | X |
| Spain | X |
| France | X |
| Croatia | X |
| Italy | X |
| Cyprus | X |
| Lithuania | X |
| Hungary | X |
| Austria | X |
| Portugal | X |
| Romania | X |
| Slovenia | X |
| Slovakia | X |

EUR (current prices)

Bulgaria

X

X

Czech Republic

X

X

Germany

X

X

Greece

X

X

Spain

X

X

France

X

X

Croatia

X

X

Italy

X

X

Cyprus

X

X

Lithuania

X

X

Hungary

X

X

Austria

X

X

Portugal

X

X

Romania

X

X

Slovenia

X

X

Slovakia

X

X

Amendment 720

Amendment 720

Proposal for a regulation

Proposal for a regulation

Annex VI — table

Annex VI — table

Text proposed by the Commission

Text proposed by the Commission

MEMBER STATES ALLOCATIONS FOR COTTON REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 81(1)

| (current prices in EUR) |
| --- |
| Calendar year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 and the subsequent years |
| Bulgaria | 2 509 615 | 2 509 615 | 2 509 615 | 2 509 615 | 2 509 615 | 2 509 615 | 2 509 615 |
| Greece | 180 532 000 | 180 532 000 | 180 532 000 | 180 532 000 | 180 532 000 | 180 532 000 | 180 532 000 |
| Spain | 58 565 040 | 58 565 040 | 58 565 040 | 58 565 040 | 58 565 040 | 58 565 040 | 58 565 040 |
| Portugal | 174 239 | 174 239 | 174 239 | 174 239 | 174 239 | 174 239 | 174 239 |

(current prices in EUR)

Calendar year

2021

2022

2023

2024

2025

2026

2027 and the subsequent years

Bulgaria

2 509 615

2 509 615

2 509 615

2 509 615

2 509 615

2 509 615

2 509 615

2 509 615

2 509 615

2 509 615

2 509 615

2 509 615

2 509 615

2 509 615

Greece

180 532 000

180 532 000

180 532 000

180 532 000

180 532 000

180 532 000

180 532 000

180 532 000

180 532 000

180 532 000

180 532 000

180 532 000

180 532 000

180 532 000

Spain

58 565 040

58 565 040

58 565 040

58 565 040

58 565 040

58 565 040

58 565 040

58 565 040

58 565 040

58 565 040

58 565 040

58 565 040

58 565 040

58 565 040

Portugal

174 239

174 239

174 239

174 239

174 239

174 239

174 239

174 239

174 239

174 239

174 239

174 239

174 239

174 239

Amendment

Amendment

MEMBER STATES ALLOCATIONS FOR COTTON REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 81(1)

| (current prices in EUR) |
| --- |
| Calendar year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 and the subsequent years |
| Bulgaria | X | X | X | X | X | X | X |
| Greece | X | X | X | X | X | X | X |
| Spain | X | X | X | X | X | X | X |
| Portugal | X | X | X | X | X | X | X |

(current prices in EUR)

Calendar year

2021

2022

2023

2024

2025

2026

2027 and the subsequent years

Bulgaria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Greece

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Spain

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Portugal

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Amendment 721

Amendment 721

Proposal for a regulation

Proposal for a regulation

Annex VII — table

Annex VII — table

Text proposed by the Commission

Text proposed by the Commission

MEMBER STATES ALLOCATIONS FOR DIRECT PAYMENTS WITHOUT COTTON AND BEFORE CAPPING TRANSFER REFERRED TO IN THE THIRD SUBPARAGRAPH OF ARTICLE 81(1)

MEMBER STATES ALLOCATIONS FOR DIRECT PAYMENTS WITHOUT COTTON AND BEFORE CAPPING TRANSFER REFERRED TO IN THE THIRD SUBPARAGRAPH OF ARTICLE 81(1)

| (current prices in EUR) |
| --- |
| Calendar year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 and the subsequent years |
| Belgium | 485 603 954 | 485 603 954 | 485 603 954 | 485 603 954 | 485 603 954 | 485 603 954 | 485 603 954 |
| Bulgaria | 773 771 955 | 782 239 005 | 790 706 055 | 799 173 104 | 807 640 154 | 816 107 204 | 816 107 204 |
| Czech Republic | 838 844 295 | 838 844 295 | 838 844 295 | 838 844 295 | 838 844 295 | 838 844 295 | 838 844 295 |
| Denmark | 846 124 520 | 846 124 520 | 846 124 520 | 846 124 520 | 846 124 520 | 846 124 520 | 846 124 520 |
| Germany | 4 823 107 939 | 4 823 107 939 | 4 823 107 939 | 4 823 107 939 | 4 823 107 939 | 4 823 107 939 | 4 823 107 939 |
| Estonia | 167 721 513 | 172 667 776 | 177 614 039 | 182 560 302 | 187 506 565 | 192 452 828 | 192 452 828 |
| Ireland | 1 163 938 279 | 1 163 938 279 | 1 163 938 279 | 1 163 938 279 | 1 163 938 279 | 1 163 938 279 | 1 163 938 279 |
| Greece | 1 856 028 894 | 1 856 028 894 | 1 856 028 894 | 1 856 028 894 | 1 856 028 894 | 1 856 028 894 | 1 856 028 894 |
| Spain | 4 710 171 703 | 4 717 333 830 | 4 724 495 957 | 4 731 658 084 | 4 738 820 212 | 4 745 982 339 | 4 745 982 339 |
| France | 7 147 786 964 | 7 147 786 964 | 7 147 786 964 | 7 147 786 964 | 7 147 786 964 | 7 147 786 964 | 7 147 786 964 |
| Croatia | 344 340 000 | 367 711 409 | 367 711 409 | 367 711 409 | 367 711 409 | 367 711 409 | 367 711 409 |
| Italy | 3 560 185 516 | 3 560 185 516 | 3 560 185 516 | 3 560 185 516 | 3 560 185 516 | 3 560 185 516 | 3 560 185 516 |
| Cyprus | 46 750 094 | 46 750 094 | 46 750 094 | 46 750 094 | 46 750 094 | 46 750 094 | 46 750 094 |
| Latvia | 299 633 591 | 308 294 625 | 316 955 660 | 325 616 694 | 334 277 729 | 342 938 763 | 342 938 763 |
| Lithuania | 510 820 241 | 524 732 238 | 538 644 234 | 552 556 230 | 566 468 227 | 580 380 223 | 580 380 223 |
| Luxembourg | 32 131 019 | 32 131 019 | 32 131 019 | 32 131 019 | 32 131 019 | 32 131 019 | 32 131 019 |
| Hungary | 1 219 769 672 | 1 219 769 672 | 1 219 769 672 | 1 219 769 672 | 1 219 769 672 | 1 219 769 672 | 1 219 769 672 |
| Malta | 4 507 492 | 4 507 492 | 4 507 492 | 4 507 492 | 4 507 492 | 4 507 492 | 4 507 492 |
| Netherlands | 703 870 373 | 703 870 373 | 703 870 373 | 703 870 373 | 703 870 373 | 703 870 373 | 703 870 373 |
| Austria | 664 819 537 | 664 819 537 | 664 819 537 | 664 819 537 | 664 819 537 | 664 819 537 | 664 819 537 |
| Poland | 2 972 977 807 | 3 003 574 280 | 3 034 170 753 | 3 064 767 227 | 3 095 363 700 | 3 125 960 174 | 3 125 960 174 |
| Portugal | 584 650 144 | 593 268 733 | 601 887 323 | 610 505 913 | 619 124 503 | 627 743 093 | 627 743 093 |
| Romania | 1 856 172 601 | 1 883 211 603 | 1 910 250 604 | 1 937 289 605 | 1 964 328 606 | 1 991 367 607 | 1 991 367 607 |
| Slovenia | 129 052 673 | 129 052 673 | 129 052 673 | 129 052 673 | 129 052 673 | 129 052 673 | 129 052 673 |
| Slovakia | 383 806 378 | 388 574 951 | 393 343 524 | 398 112 097 | 402 880 670 | 407 649 243 | 407 649 243 |
| Finland | 505 999 667 | 507 783 955 | 509 568 242 | 511 352 530 | 513 136 817 | 514 921 104 | 514 921 104 |
| Sweden | 672 760 909 | 672 984 762 | 673 208 615 | 673 432 468 | 673 656 321 | 673 880 175 | 673 880 175 |

(current prices in EUR)

Calendar year

2021

2022

2023

2024

2025

2026

2027 and the subsequent years

Belgium

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

485 603 954

Bulgaria

773 771 955

773 771 955

782 239 005

782 239 005

790 706 055

790 706 055

799 173 104

799 173 104

807 640 154

807 640 154

816 107 204

816 107 204

816 107 204

816 107 204

Czech Republic

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

838 844 295

Denmark

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

846 124 520

Germany

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

4 823 107 939

Estonia

167 721 513

167 721 513

172 667 776

172 667 776

177 614 039

177 614 039

182 560 302

182 560 302

187 506 565

187 506 565

192 452 828

192 452 828

192 452 828

192 452 828

Ireland

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

1 163 938 279

Greece

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

1 856 028 894

Spain

4 710 171 703

4 710 171 703

4 717 333 830

4 717 333 830

4 724 495 957

4 724 495 957

4 731 658 084

4 731 658 084

4 738 820 212

4 738 820 212

4 745 982 339

4 745 982 339

4 745 982 339

4 745 982 339

France

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

7 147 786 964

Croatia

344 340 000

344 340 000

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

367 711 409

Italy

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

3 560 185 516

Cyprus

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

46 750 094

Latvia

299 633 591

299 633 591

308 294 625

308 294 625

316 955 660

316 955 660

325 616 694

325 616 694

334 277 729

334 277 729

342 938 763

342 938 763

342 938 763

342 938 763

Lithuania

510 820 241

510 820 241

524 732 238

524 732 238

538 644 234

538 644 234

552 556 230

552 556 230

566 468 227

566 468 227

580 380 223

580 380 223

580 380 223

580 380 223

Luxembourg

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

32 131 019

Hungary

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

1 219 769 672

Malta

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

4 507 492

Netherlands

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

703 870 373

Austria

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

664 819 537

Poland

2 972 977 807

2 972 977 807

3 003 574 280

3 003 574 280

3 034 170 753

3 034 170 753

3 064 767 227

3 064 767 227

3 095 363 700

3 095 363 700

3 125 960 174

3 125 960 174

3 125 960 174

3 125 960 174

Portugal

584 650 144

584 650 144

593 268 733

593 268 733

601 887 323

601 887 323

610 505 913

610 505 913

619 124 503

619 124 503

627 743 093

627 743 093

627 743 093

627 743 093

Romania

1 856 172 601

1 856 172 601

1 883 211 603

1 883 211 603

1 910 250 604

1 910 250 604

1 937 289 605

1 937 289 605

1 964 328 606

1 964 328 606

1 991 367 607

1 991 367 607

1 991 367 607

1 991 367 607

Slovenia

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

129 052 673

Slovakia

383 806 378

383 806 378

388 574 951

388 574 951

393 343 524

393 343 524

398 112 097

398 112 097

402 880 670

402 880 670

407 649 243

407 649 243

407 649 243

407 649 243

Finland

505 999 667

505 999 667

507 783 955

507 783 955

509 568 242

509 568 242

511 352 530

511 352 530

513 136 817

513 136 817

514 921 104

514 921 104

514 921 104

514 921 104

Sweden

672 760 909

672 760 909

672 984 762

672 984 762

673 208 615

673 208 615

673 432 468

673 432 468

673 656 321

673 656 321

673 880 175

673 880 175

673 880 175

673 880 175

Amendment

Amendment

MEMBER STATES ALLOCATIONS FOR DIRECT PAYMENTS WITHOUT COTTON AND BEFORE CAPPING TRANSFER REFERRED TO IN THE THIRD SUBPARAGRAPH OF ARTICLE 81(1)

MEMBER STATES ALLOCATIONS FOR DIRECT PAYMENTS WITHOUT COTTON AND BEFORE CAPPING TRANSFER REFERRED TO IN THE THIRD SUBPARAGRAPH OF ARTICLE 81(1)

| (current prices in EUR) |
| --- |
| Calendar year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 and the subsequent years |
| Belgium | X | X | X | X | X | X | X |
| Bulgaria | X | X | X | X | X | X | X |
| Czech Republic | X | X | X | X | X | X | X |
| Denmark | X | X | X | X | X | X | X |
| Germany | X | X | X | X | X | X | X |
| Estonia | X | X | X | X | X | X | X |
| Ireland | X | X | X | X | X | X | X |
| Greece | X | X | X | X | X | X | X |
| Spain | X | X | X | X | X | X | X |
| France | X | X | X | X | X | X | X |
| Croatia | X | X | X | X | X | X | X |
| Italy | X | X | X | X | X | X | X |
| Cyprus | X | X | X | X | X | X | X |
| Latvia | X | X | X | X | X | X | X |
| Lithuania | X | X | X | X | X | X | X |
| Luxembourg | X | X | X | X | X | X | X |
| Hungary | X | X | X | X | X | X | X |
| Malta | X | X | X | X | X | X | X |
| Netherlands | X | X | X | X | X | X | X |
| Austria | X | X | X | X | X | X | X |
| Poland | X | X | X | X | X | X | X |
| Portugal | X | X | X | X | X | X | X |
| Romania | X | X | X | X | X | X | X |
| Slovenia | X | X | X | X | X | X | X |
| Slovakia | X | X | X | X | X | X | X |
| Finland | X | X | X | X | X | X | X |
| Sweden | X | X | X | X | X | X | X |

(current prices in EUR)

Calendar year

2021

2022

2023

2024

2025

2026

2027 and the subsequent years

Belgium

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Bulgaria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Czech Republic

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Denmark

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Germany

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Estonia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Ireland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Greece

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Spain

X

X

X

X

X

X

X

X

X

X

X

X

X

X

France

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Croatia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Italy

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Cyprus

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Latvia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Lithuania

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Luxembourg

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Hungary

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Malta

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Netherlands

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Austria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Poland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Portugal

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Romania

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Slovenia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Slovakia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Finland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Sweden

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Amendment 722

Amendment 722

Proposal for a regulation

Proposal for a regulation

Annex IX — table

Annex IX — table

Text proposed by the Commission

Text proposed by the Commission

BREAKDOWN OF UNION SUPPORT FOR TYPES OF INTERVENTIONS FOR RURAL DEVELOPMENT (2021 to 2027) REFERRED TO IN ARTICLE 83(3)

BREAKDOWN OF UNION SUPPORT FOR TYPES OF INTERVENTIONS FOR RURAL DEVELOPMENT (2021 to 2027) REFERRED TO IN ARTICLE 83(3)

| (current prices; in EUR) |
| --- |
| Year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 | TOTAL 2021-2027 |
| Belgium | 67 178 046 | 67 178 046 | 67 178 046 | 67 178 046 | 67 178 046 | 67 178 046 | 67 178 046 | 470 246 322 |
| Bulgaria | 281 711 396 | 281 711 396 | 281 711 396 | 281 711 396 | 281 711 396 | 281 711 396 | 281 711 396 | 1 971 979 772 |
| Czech Republic | 258 773 203 | 258 773 203 | 258 773 203 | 258 773 203 | 258 773 203 | 258 773 203 | 258 773 203 | 1 811 412 421 |
| Denmark | 75 812 623 | 75 812 623 | 75 812 623 | 75 812 623 | 75 812 623 | 75 812 623 | 75 812 623 | 530 688 361 |
| Germany | 989 924 996 | 989 924 996 | 989 924 996 | 989 924 996 | 989 924 996 | 989 924 996 | 989 924 996 | 6 929 474 972 |
| Estonia | 87 875 887 | 87 875 887 | 87 875 887 | 87 875 887 | 87 875 887 | 87 875 887 | 87 875 887 | 615 131 209 |
| Ireland | 264 670 951 | 264 670 951 | 264 670 951 | 264 670 951 | 264 670 951 | 264 670 951 | 264 670 951 | 1 852 696 657 |
| Greece | 509 591 606 | 509 591 606 | 509 591 606 | 509 591 606 | 509 591 606 | 509 591 606 | 509 591 606 | 3 567 141 242 |
| Spain | 1 001 202 880 | 1 001 202 880 | 1 001 202 880 | 1 001 202 880 | 1 001 202 880 | 1 001 202 880 | 1 001 202 880 | 7 008 420 160 |
| France | 1 209 259 199 | 1 209 259 199 | 1 209 259 199 | 1 209 259 199 | 1 209 259 199 | 1 209 259 199 | 1 209 259 199 | 8 464 814 393 |
| Croatia | 281 341 503 | 281 341 503 | 281 341 503 | 281 341 503 | 281 341 503 | 281 341 503 | 281 341 503 | 1 969 390 521 |
| Italy | 1 270 310 371 | 1 270 310 371 | 1 270 310 371 | 1 270 310 371 | 1 270 310 371 | 1 270 310 371 | 1 270 310 371 | 8 892 172 597 |
| Cyprus | 15 987 284 | 15 987 284 | 15 987 284 | 15 987 284 | 15 987 284 | 15 987 284 | 15 987 284 | 111 910 988 |
| Latvia | 117 307 269 | 117 307 269 | 117 307 269 | 117 307 269 | 117 307 269 | 117 307 269 | 117 307 269 | 821 150 883 |
| Lithuania | 195 182 517 | 195 182 517 | 195 182 517 | 195 182 517 | 195 182 517 | 195 182 517 | 195 182 517 | 1 366 277 619 |
| Luxembourg | 12 290 956 | 12 290 956 | 12 290 956 | 12 290 956 | 12 290 956 | 12 290 956 | 12 290 956 | 86 036 692 |
| Hungary | 416 202 472 | 416 202 472 | 416 202 472 | 416 202 472 | 416 202 472 | 416 202 472 | 416 202 472 | 2 913 417 304 |
| Malta | 12 207 322 | 12 207 322 | 12 207 322 | 12 207 322 | 12 207 322 | 12 207 322 | 12 207 322 | 85 451 254 |
| Netherlands | 73 151 195 | 73 151 195 | 73 151 195 | 73 151 195 | 73 151 195 | 73 151 195 | 73 151 195 | 512 058 365 |
| Austria | 480 467 031 | 480 467 031 | 480 467 031 | 480 467 031 | 480 467 031 | 480 467 031 | 480 467 031 | 3 363 269 217 |
| Poland | 1 317 890 530 | 1 317 890 530 | 1 317 890 530 | 1 317 890 530 | 1 317 890 530 | 1 317 890 530 | 1 317 890 530 | 9 225 233 710 |
| Portugal | 493 214 858 | 493 214 858 | 493 214 858 | 493 214 858 | 493 214 858 | 493 214 858 | 493 214 858 | 3 452 504 006 |
| Romania | 965 503 339 | 965 503 339 | 965 503 339 | 965 503 339 | 965 503 339 | 965 503 339 | 965 503 339 | 6 758 523 373 |
| Slovenia | 102 248 788 | 102 248 788 | 102 248 788 | 102 248 788 | 102 248 788 | 102 248 788 | 102 248 788 | 715 741 516 |
| Slovakia | 227 682 721 | 227 682 721 | 227 682 721 | 227 682 721 | 227 682 721 | 227 682 721 | 227 682 721 | 1 593 779 047 |
| Finland | 292 021 227 | 292 021 227 | 292 021 227 | 292 021 227 | 292 021 227 | 292 021 227 | 292 021 227 | 2 044 148 589 |
| Sweden | 211 550 876 | 211 550 876 | 211 550 876 | 211 550 876 | 211 550 876 | 211 550 876 | 211 550 876 | 1 480 856 132 |
| Total EU-27 | 11 230 561 046 | 11 230 561 046 | 11 230 561 046 | 11 230 561 046 | 11 230 561 046 | 11 230 561 046 | 11 230 561 046 | 78 613 927 322 |
| | | | | | | | | |
| Technical assistance (0,25  %) | 28 146 770 | 28 146 770 | 28 146 770 | 28 146 770 | 28 146 770 | 28 146 770 | 28 146 770 | 197 027 390 |
| Total | 11 258 707 816 | 11 258 707 816 | 11 258 707 816 | 11 258 707 816 | 11 258 707 816 | 11 258 707 816 | 11 258 707 816 | 78 810 954 712 |

(current prices; in EUR)

Year

2021

2022

2023

2024

2025

2026

2027

TOTAL 2021-2027

Belgium

67 178 046

67 178 046

67 178 046

67 178 046

67 178 046

67 178 046

67 178 046

67 178 046

67 178 046

67 178 046

67 178 046

67 178 046

67 178 046

67 178 046

470 246 322

470 246 322

Bulgaria

281 711 396

281 711 396

281 711 396

281 711 396

281 711 396

281 711 396

281 711 396

281 711 396

281 711 396

281 711 396

281 711 396

281 711 396

281 711 396

281 711 396

1 971 979 772

1 971 979 772

Czech Republic

258 773 203

258 773 203

258 773 203

258 773 203

258 773 203

258 773 203

258 773 203

258 773 203

258 773 203

258 773 203

258 773 203

258 773 203

258 773 203

258 773 203

1 811 412 421

1 811 412 421

Denmark

75 812 623

75 812 623

75 812 623

75 812 623

75 812 623

75 812 623

75 812 623

75 812 623

75 812 623

75 812 623

75 812 623

75 812 623

75 812 623

75 812 623

530 688 361

530 688 361

Germany

989 924 996

989 924 996

989 924 996

989 924 996

989 924 996

989 924 996

989 924 996

989 924 996

989 924 996

989 924 996

989 924 996

989 924 996

989 924 996

989 924 996

6 929 474 972

6 929 474 972

Estonia

87 875 887

87 875 887

87 875 887

87 875 887

87 875 887

87 875 887

87 875 887

87 875 887

87 875 887

87 875 887

87 875 887

87 875 887

87 875 887

87 875 887

615 131 209

615 131 209

Ireland

264 670 951

264 670 951

264 670 951

264 670 951

264 670 951

264 670 951

264 670 951

264 670 951

264 670 951

264 670 951

264 670 951

264 670 951

264 670 951

264 670 951

1 852 696 657

1 852 696 657

Greece

509 591 606

509 591 606

509 591 606

509 591 606

509 591 606

509 591 606

509 591 606

509 591 606

509 591 606

509 591 606

509 591 606

509 591 606

509 591 606

509 591 606

3 567 141 242

3 567 141 242

Spain

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

1 001 202 880

7 008 420 160

7 008 420 160

France

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

1 209 259 199

8 464 814 393

8 464 814 393

Croatia

281 341 503

281 341 503

281 341 503

281 341 503

281 341 503

281 341 503

281 341 503

281 341 503

281 341 503

281 341 503

281 341 503

281 341 503

281 341 503

281 341 503

1 969 390 521

1 969 390 521

Italy

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

1 270 310 371

8 892 172 597

8 892 172 597

Cyprus

15 987 284

15 987 284

15 987 284

15 987 284

15 987 284

15 987 284

15 987 284

15 987 284

15 987 284

15 987 284

15 987 284

15 987 284

15 987 284

15 987 284

111 910 988

111 910 988

Latvia

117 307 269

117 307 269

117 307 269

117 307 269

117 307 269

117 307 269

117 307 269

117 307 269

117 307 269

117 307 269

117 307 269

117 307 269

117 307 269

117 307 269

821 150 883

821 150 883

Lithuania

195 182 517

195 182 517

195 182 517

195 182 517

195 182 517

195 182 517

195 182 517

195 182 517

195 182 517

195 182 517

195 182 517

195 182 517

195 182 517

195 182 517

1 366 277 619

1 366 277 619

Luxembourg

12 290 956

12 290 956

12 290 956

12 290 956

12 290 956

12 290 956

12 290 956

12 290 956

12 290 956

12 290 956

12 290 956

12 290 956

12 290 956

12 290 956

86 036 692

86 036 692

Hungary

416 202 472

416 202 472

416 202 472

416 202 472

416 202 472

416 202 472

416 202 472

416 202 472

416 202 472

416 202 472

416 202 472

416 202 472

416 202 472

416 202 472

2 913 417 304

2 913 417 304

Malta

12 207 322

12 207 322

12 207 322

12 207 322

12 207 322

12 207 322

12 207 322

12 207 322

12 207 322

12 207 322

12 207 322

12 207 322

12 207 322

12 207 322

85 451 254

85 451 254

Netherlands

73 151 195

73 151 195

73 151 195

73 151 195

73 151 195

73 151 195

73 151 195

73 151 195

73 151 195

73 151 195

73 151 195

73 151 195

73 151 195

73 151 195

512 058 365

512 058 365

Austria

480 467 031

480 467 031

480 467 031

480 467 031

480 467 031

480 467 031

480 467 031

480 467 031

480 467 031

480 467 031

480 467 031

480 467 031

480 467 031

480 467 031

3 363 269 217

3 363 269 217

Poland

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

1 317 890 530

9 225 233 710

9 225 233 710

Portugal

493 214 858

493 214 858

493 214 858

493 214 858

493 214 858

493 214 858

493 214 858

493 214 858

493 214 858

493 214 858

493 214 858

493 214 858

493 214 858

493 214 858

3 452 504 006

3 452 504 006

Romania

965 503 339

965 503 339

965 503 339

965 503 339

965 503 339

965 503 339

965 503 339

965 503 339

965 503 339

965 503 339

965 503 339

965 503 339

965 503 339

965 503 339

6 758 523 373

6 758 523 373

Slovenia

102 248 788

102 248 788

102 248 788

102 248 788

102 248 788

102 248 788

102 248 788

102 248 788

102 248 788

102 248 788

102 248 788

102 248 788

102 248 788

102 248 788

715 741 516

715 741 516

Slovakia

227 682 721

227 682 721

227 682 721

227 682 721

227 682 721

227 682 721

227 682 721

227 682 721

227 682 721

227 682 721

227 682 721

227 682 721

227 682 721

227 682 721

1 593 779 047

1 593 779 047

Finland

292 021 227

292 021 227

292 021 227

292 021 227

292 021 227

292 021 227

292 021 227

292 021 227

292 021 227

292 021 227

292 021 227

292 021 227

292 021 227

292 021 227

2 044 148 589

2 044 148 589

Sweden

211 550 876

211 550 876

211 550 876

211 550 876

211 550 876

211 550 876

211 550 876

211 550 876

211 550 876

211 550 876

211 550 876

211 550 876

211 550 876

211 550 876

1 480 856 132

1 480 856 132

Total EU-27

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

11 230 561 046

78 613 927 322

78 613 927 322

Technical assistance (0,25  %)

28 146 770

28 146 770

28 146 770

28 146 770

28 146 770

28 146 770

28 146 770

28 146 770

28 146 770

28 146 770

28 146 770

28 146 770

28 146 770

28 146 770

197 027 390

197 027 390

Total

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

11 258 707 816

78 810 954 712

78 810 954 712

Amendment

Amendment

BREAKDOWN OF UNION SUPPORT FOR TYPES OF INTERVENTIONS FOR RURAL DEVELOPMENT (2021 to 2027) REFERRED TO IN ARTICLE 83(3)

BREAKDOWN OF UNION SUPPORT FOR TYPES OF INTERVENTIONS FOR RURAL DEVELOPMENT (2021 to 2027) REFERRED TO IN ARTICLE 83(3)

| (current prices; in EUR) |
| --- |
| Year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 | TOTAL 2021-2027 |
| Belgium | X | X | X | X | X | X | X | X |
| Bulgaria | X | X | X | X | X | X | X | X |
| Czech Republic | X | X | X | X | X | X | X | X |
| Denmark | X | X | X | X | X | X | X | X |
| Germany | X | X | X | X | X | X | X | X |
| Estonia | X | X | X | X | X | X | X | X |
| Ireland | X | X | X | X | X | X | X | X |
| Greece | X | X | X | X | X | X | X | X |
| Spain | X | X | X | X | X | X | X | X |
| France | X | X | X | X | X | X | X | X |
| Croatia | X | X | X | X | X | X | X | X |
| Italy | X | X | X | X | X | X | X | X |
| Cyprus | X | X | X | X | X | X | X | X |
| Latvia | X | X | X | X | X | X | X | X |
| Lithuania | X | X | X | X | X | X | X | X |
| Luxembourg | X | X | X | X | X | X | X | X |
| Hungary | X | X | X | X | X | X | X | X |
| Malta | X | X | X | X | X | X | X | X |
| Netherlands | X | X | X | X | X | X | X | X |
| Austria | X | X | X | X | X | X | X | X |
| Poland | X | X | X | X | X | X | X | X |
| Portugal | X | X | X | X | X | X | X | X |
| Romania | X | X | X | X | X | X | X | X |
| Slovenia | X | X | X | X | X | X | X | X |
| Slovakia | X | X | X | X | X | X | X | X |
| Finland | X | X | X | X | X | X | X | X |
| Sweden | X | X | X | X | X | X | X | X |
| Total EU-27 | X | X | X | X | X | X | X | X |
| | | | | | | | | |
| Technical assistance (0,25  %) | X | X | X | X | X | X | X | X |
| Total | X | X | X | X | X | X | X | X |

(current prices; in EUR)

Year

2021

2022

2023

2024

2025

2026

2027

TOTAL 2021-2027

Belgium

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Bulgaria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Czech Republic

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Denmark

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Germany

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Estonia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Ireland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Greece

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Spain

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

France

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Croatia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Italy

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Cyprus

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Latvia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Lithuania

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Luxembourg

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Hungary

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Malta

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Netherlands

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Austria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Poland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Portugal

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Romania

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Slovenia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Slovakia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Finland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Sweden

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Total EU-27

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Technical assistance (0,25  %)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Total

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Amendment 723

Amendment 723

Proposal for a regulation

Proposal for a regulation

Annex IXa — table

Annex IXa — table

Text proposed by the Commission

Text proposed by the Commission

BREAKDOWN OF UNION SUPPORT FOR TYPES OF INTERVENTIONS FOR RURAL DEVELOPMENT (2021 to 2027) REFERRED TO IN ARTICLE 83(3)

BREAKDOWN OF UNION SUPPORT FOR TYPES OF INTERVENTIONS FOR RURAL DEVELOPMENT (2021 to 2027) REFERRED TO IN ARTICLE 83(3)

| (2018 prices; in EUR) |
| --- |
| Year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 | TOTAL 2021-2027 |
| Belgium | 63 303 373 | 62 062 131 | 60 845 226 | 59 652 182 | 58 482 532 | 57 335 815 | 56 211 584 | 417 892 843 |
| Bulgaria | 265 462 940 | 260 257 785 | 255 154 691 | 250 151 658 | 245 246 723 | 240 437 964 | 235 723 494 | 1 752 435 255 |
| Czech Republic | 243 847 768 | 239 066 440 | 234 378 862 | 229 783 198 | 225 277 645 | 220 860 437 | 216 529 840 | 1 609 744 190 |
| Denmark | 71 439 928 | 70 039 145 | 68 665 828 | 67 319 440 | 65 999 451 | 64 705 344 | 63 436 611 | 471 605 747 |
| Germany | 932 828 433 | 914 537 679 | 896 605 568 | 879 025 067 | 861 789 281 | 844 891 452 | 828 324 953 | 6 158 002 433 |
| Estonia | 82 807 411 | 81 183 737 | 79 591 899 | 78 031 273 | 76 501 248 | 75 001 224 | 73 530 611 | 546 647 403 |
| Ireland | 249 405 348 | 244 515 047 | 239 720 635 | 235 020 230 | 230 411 990 | 225 894 108 | 221 464 812 | 1 646 432 170 |
| Greece | 480 199 552 | 470 783 875 | 461 552 818 | 452 502 763 | 443 630 160 | 434 931 529 | 426 403 460 | 3 170 004 157 |
| Spain | 943 455 836 | 924 956 702 | 906 820 296 | 889 039 505 | 871 607 358 | 854 517 018 | 837 761 782 | 6 228 158 497 |
| France | 1 139 511 952 | 1 117 168 580 | 1 095 263 314 | 1 073 787 562 | 1 052 732 904 | 1 032 091 083 | 1 011 854 003 | 7 522 409 398 |
| Croatia | 265 114 382 | 259 916 061 | 254 819 668 | 249 823 204 | 244 924 709 | 240 122 264 | 235 413 984 | 1 750 134 272 |
| Italy | 1 197 041 834 | 1 173 570 426 | 1 150 559 241 | 1 127 999 256 | 1 105 881 623 | 1 084 197 670 | 1 062 938 892 | 7 902 188 942 |
| Cyprus | 15 065 175 | 14 769 779 | 14 480 176 | 14 196 251 | 13 917 893 | 13 644 993 | 13 377 444 | 99 451 711 |
| Latvia | 110 541 260 | 108 373 784 | 106 248 808 | 104 165 498 | 102 123 037 | 100 120 625 | 98 157 475 | 729 730 487 |
| Lithuania | 183 924 845 | 180 318 475 | 176 782 819 | 173 316 489 | 169 918 127 | 166 586 399 | 163 319 999 | 1 214 167 153 |
| Luxembourg | 11 582 043 | 11 354 944 | 11 132 298 | 10 914 018 | 10 700 017 | 10 490 213 | 10 284 523 | 76 458 056 |
| Hungary | 392 196 885 | 384 506 750 | 376 967 402 | 369 575 884 | 362 329 298 | 355 224 802 | 348 259 610 | 2 589 060 631 |
| Malta | 11 503 233 | 11 277 679 | 11 056 548 | 10 839 753 | 10 627 209 | 10 418 832 | 10 214 541 | 75 937 795 |
| Netherlands | 68 932 004 | 67 580 397 | 66 255 291 | 64 956 167 | 63 682 517 | 62 433 840 | 61 209 647 | 455 049 863 |
| Austria | 452 754 814 | 443 877 269 | 435 173 793 | 426 640 974 | 418 275 464 | 410 073 985 | 402 033 318 | 2 988 829 617 |
| Poland | 1 241 877 681 | 1 217 527 138 | 1 193 654 057 | 1 170 249 075 | 1 147 303 015 | 1 124 806 877 | 1 102 751 840 | 8 198 169 683 |
| Portugal | 464 767 377 | 455 654 291 | 446 719 893 | 437 960 679 | 429 373 215 | 420 954 132 | 412 700 130 | 3 068 129 717 |
| Romania | 909 815 361 | 891 975 844 | 874 486 121 | 857 339 335 | 840 528 760 | 824 047 803 | 807 890 003 | 6 006 083 227 |
| Slovenia | 96 351 317 | 94 462 075 | 92 609 878 | 90 793 998 | 89 013 723 | 87 268 356 | 85 557 212 | 636 056 559 |
| Slovakia | 214 550 513 | 210 343 640 | 206 219 255 | 202 175 740 | 198 211 510 | 194 325 010 | 190 514 716 | 1 416 340 384 |
| Finland | 275 178 124 | 269 782 474 | 264 492 622 | 259 306 492 | 254 222 051 | 249 237 305 | 244 350 299 | 1 816 569 367 |
| Sweden | 199 349 116 | 195 440 310 | 191 608 147 | 187 851 124 | 184 167 769 | 180 556 636 | 177 016 310 | 1 315 989 412 |
| Total EU-27 | 10 582 808 505 | 10 375 302 457 | 10 171 865 154 | 9 972 416 815 | 9 776 879 229 | 9 585 175 716 | 9 397 231 093 | 69 861 678 969 |
| | | | | | | | | |
| Technical assistance (0,25  %) | 26 523 330 | 26 003 264 | 25 493 396 | 24 993 526 | 24 503 457 | 24 022 997 | 23 551 958 | 175 091 928 |
| Total | 10 609 331 835 | 10 401 305 721 | 10 197 358 550 | 9 997 410 341 | 9 801 382 686 | 9 609 198 713 | 9 420 783 051 | 70 036 770 897 |

(2018 prices; in EUR)

Year

2021

2022

2023

2024

2025

2026

2027

TOTAL 2021-2027

Belgium

63 303 373

63 303 373

62 062 131

62 062 131

60 845 226

60 845 226

59 652 182

59 652 182

58 482 532

58 482 532

57 335 815

57 335 815

56 211 584

56 211 584

417 892 843

417 892 843

Bulgaria

265 462 940

265 462 940

260 257 785

260 257 785

255 154 691

255 154 691

250 151 658

250 151 658

245 246 723

245 246 723

240 437 964

240 437 964

235 723 494

235 723 494

1 752 435 255

1 752 435 255

Czech Republic

243 847 768

243 847 768

239 066 440

239 066 440

234 378 862

234 378 862

229 783 198

229 783 198

225 277 645

225 277 645

220 860 437

220 860 437

216 529 840

216 529 840

1 609 744 190

1 609 744 190

Denmark

71 439 928

71 439 928

70 039 145

70 039 145

68 665 828

68 665 828

67 319 440

67 319 440

65 999 451

65 999 451

64 705 344

64 705 344

63 436 611

63 436 611

471 605 747

471 605 747

Germany

932 828 433

932 828 433

914 537 679

914 537 679

896 605 568

896 605 568

879 025 067

879 025 067

861 789 281

861 789 281

844 891 452

844 891 452

828 324 953

828 324 953

6 158 002 433

6 158 002 433

Estonia

82 807 411

82 807 411

81 183 737

81 183 737

79 591 899

79 591 899

78 031 273

78 031 273

76 501 248

76 501 248

75 001 224

75 001 224

73 530 611

73 530 611

546 647 403

546 647 403

Ireland

249 405 348

249 405 348

244 515 047

244 515 047

239 720 635

239 720 635

235 020 230

235 020 230

230 411 990

230 411 990

225 894 108

225 894 108

221 464 812

221 464 812

1 646 432 170

1 646 432 170

Greece

480 199 552

480 199 552

470 783 875

470 783 875

461 552 818

461 552 818

452 502 763

452 502 763

443 630 160

443 630 160

434 931 529

434 931 529

426 403 460

426 403 460

3 170 004 157

3 170 004 157

Spain

943 455 836

943 455 836

924 956 702

924 956 702

906 820 296

906 820 296

889 039 505

889 039 505

871 607 358

871 607 358

854 517 018

854 517 018

837 761 782

837 761 782

6 228 158 497

6 228 158 497

France

1 139 511 952

1 139 511 952

1 117 168 580

1 117 168 580

1 095 263 314

1 095 263 314

1 073 787 562

1 073 787 562

1 052 732 904

1 052 732 904

1 032 091 083

1 032 091 083

1 011 854 003

1 011 854 003

7 522 409 398

7 522 409 398

Croatia

265 114 382

265 114 382

259 916 061

259 916 061

254 819 668

254 819 668

249 823 204

249 823 204

244 924 709

244 924 709

240 122 264

240 122 264

235 413 984

235 413 984

1 750 134 272

1 750 134 272

Italy

1 197 041 834

1 197 041 834

1 173 570 426

1 173 570 426

1 150 559 241

1 150 559 241

1 127 999 256

1 127 999 256

1 105 881 623

1 105 881 623

1 084 197 670

1 084 197 670

1 062 938 892

1 062 938 892

7 902 188 942

7 902 188 942

Cyprus

15 065 175

15 065 175

14 769 779

14 769 779

14 480 176

14 480 176

14 196 251

14 196 251

13 917 893

13 917 893

13 644 993

13 644 993

13 377 444

13 377 444

99 451 711

99 451 711

Latvia

110 541 260

110 541 260

108 373 784

108 373 784

106 248 808

106 248 808

104 165 498

104 165 498

102 123 037

102 123 037

100 120 625

100 120 625

98 157 475

98 157 475

729 730 487

729 730 487

Lithuania

183 924 845

183 924 845

180 318 475

180 318 475

176 782 819

176 782 819

173 316 489

173 316 489

169 918 127

169 918 127

166 586 399

166 586 399

163 319 999

163 319 999

1 214 167 153

1 214 167 153

Luxembourg

11 582 043

11 582 043

11 354 944

11 354 944

11 132 298

11 132 298

10 914 018

10 914 018

10 700 017

10 700 017

10 490 213

10 490 213

10 284 523

10 284 523

76 458 056

76 458 056

Hungary

392 196 885

392 196 885

384 506 750

384 506 750

376 967 402

376 967 402

369 575 884

369 575 884

362 329 298

362 329 298

355 224 802

355 224 802

348 259 610

348 259 610

2 589 060 631

2 589 060 631

Malta

11 503 233

11 503 233

11 277 679

11 277 679

11 056 548

11 056 548

10 839 753

10 839 753

10 627 209

10 627 209

10 418 832

10 418 832

10 214 541

10 214 541

75 937 795

75 937 795

Netherlands

68 932 004

68 932 004

67 580 397

67 580 397

66 255 291

66 255 291

64 956 167

64 956 167

63 682 517

63 682 517

62 433 840

62 433 840

61 209 647

61 209 647

455 049 863

455 049 863

Austria

452 754 814

452 754 814

443 877 269

443 877 269

435 173 793

435 173 793

426 640 974

426 640 974

418 275 464

418 275 464

410 073 985

410 073 985

402 033 318

402 033 318

2 988 829 617

2 988 829 617

Poland

1 241 877 681

1 241 877 681

1 217 527 138

1 217 527 138

1 193 654 057

1 193 654 057

1 170 249 075

1 170 249 075

1 147 303 015

1 147 303 015

1 124 806 877

1 124 806 877

1 102 751 840

1 102 751 840

8 198 169 683

8 198 169 683

Portugal

464 767 377

464 767 377

455 654 291

455 654 291

446 719 893

446 719 893

437 960 679

437 960 679

429 373 215

429 373 215

420 954 132

420 954 132

412 700 130

412 700 130

3 068 129 717

3 068 129 717

Romania

909 815 361

909 815 361

891 975 844

891 975 844

874 486 121

874 486 121

857 339 335

857 339 335

840 528 760

840 528 760

824 047 803

824 047 803

807 890 003

807 890 003

6 006 083 227

6 006 083 227

Slovenia

96 351 317

96 351 317

94 462 075

94 462 075

92 609 878

92 609 878

90 793 998

90 793 998

89 013 723

89 013 723

87 268 356

87 268 356

85 557 212

85 557 212

636 056 559

636 056 559

Slovakia

214 550 513

214 550 513

210 343 640

210 343 640

206 219 255

206 219 255

202 175 740

202 175 740

198 211 510

198 211 510

194 325 010

194 325 010

190 514 716

190 514 716

1 416 340 384

1 416 340 384

Finland

275 178 124

275 178 124

269 782 474

269 782 474

264 492 622

264 492 622

259 306 492

259 306 492

254 222 051

254 222 051

249 237 305

249 237 305

244 350 299

244 350 299

1 816 569 367

1 816 569 367

Sweden

199 349 116

199 349 116

195 440 310

195 440 310

191 608 147

191 608 147

187 851 124

187 851 124

184 167 769

184 167 769

180 556 636

180 556 636

177 016 310

177 016 310

1 315 989 412

1 315 989 412

Total EU-27

10 582 808 505

10 582 808 505

10 375 302 457

10 375 302 457

10 171 865 154

10 171 865 154

9 972 416 815

9 972 416 815

9 776 879 229

9 776 879 229

9 585 175 716

9 585 175 716

9 397 231 093

9 397 231 093

69 861 678 969

69 861 678 969

Technical assistance (0,25  %)

26 523 330

26 523 330

26 003 264

26 003 264

25 493 396

25 493 396

24 993 526

24 993 526

24 503 457

24 503 457

24 022 997

24 022 997

23 551 958

23 551 958

175 091 928

175 091 928

Total

10 609 331 835

10 609 331 835

10 401 305 721

10 401 305 721

10 197 358 550

10 197 358 550

9 997 410 341

9 997 410 341

9 801 382 686

9 801 382 686

9 609 198 713

9 609 198 713

9 420 783 051

9 420 783 051

70 036 770 897

70 036 770 897

Amendment

Amendment

BREAKDOWN OF UNION SUPPORT FOR TYPES OF INTERVENTIONS FOR RURAL DEVELOPMENT (2021 to 2027) REFERRED TO IN ARTICLE 83(3)

| (2018 prices; in EUR) |
| --- |
| Year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 | TOTAL 2021-2027 |
| Belgium | X | X | X | X | X | X | X | X |
| Bulgaria | X | X | X | X | X | X | X | X |
| Czech Republic | X | X | X | X | X | X | X | X |
| Denmark | X | X | X | X | X | X | X | X |
| Germany | X | X | X | X | X | X | X | X |
| Estonia | X | X | X | X | X | X | X | X |
| Ireland | X | X | X | X | X | X | X | X |
| Greece | X | X | X | X | X | X | X | X |
| Spain | X | X | X | X | X | X | X | X |
| France | X | X | X | X | X | X | X | X |
| Croatia | X | X | X | X | X | X | X | X |
| Italy | X | X | X | X | X | X | X | X |
| Cyprus | X | X | X | X | X | X | X | X |
| Latvia | X | X | X | X | X | X | X | X |
| Lithuania | X | X | X | X | X | X | X | X |
| Luxembourg | X | X | X | X | X | X | X | X |
| Hungary | X | X | X | X | X | X | X | X |
| Malta | X | X | X | X | X | X | X | X |
| Netherlands | X | X | X | X | X | X | X | X |
| Austria | X | X | X | X | X | X | X | X |
| Poland | X | X | X | X | X | X | X | X |
| Portugal | X | X | X | X | X | X | X | X |
| Romania | X | X | X | X | X | X | X | X |
| Slovenia | X | X | X | X | X | X | X | X |
| Slovakia | X | X | X | X | X | X | X | X |
| Finland | X | X | X | X | X | X | X | X |
| Sweden | X | X | X | X | X | X | X | X |
| Total EU-27 | X | X | X | X | X | X | X | X |
| | | | | | | | | |
| Technical assistance (0,25  %) | X | X | X | X | X | X | X | X |
| Total | X | X | X | X | X | X | X | X |

(2018 prices; in EUR)

Year

2021

2022

2023

2024

2025

2026

2027

TOTAL 2021-2027

Belgium

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Bulgaria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Czech Republic

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Denmark

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Germany

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Estonia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Ireland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Greece

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Spain

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

France

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Croatia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Italy

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Cyprus

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Latvia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Lithuania

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Luxembourg

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Hungary

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Malta

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Netherlands

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Austria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Poland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Portugal

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Romania

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Slovenia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Slovakia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Finland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Sweden

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Total EU-27

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Technical assistance (0,25  %)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Total

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Amendment 725

Amendment 725

Proposal for a regulation

Proposal for a regulation

Annex IXa a (new)

Annex IXa a (new)

Text proposed by the Commission

Text proposed by the Commission

/

Amendment

Amendment

ANNEX IXaa

ANNEX IXaa

AMOUNTS OF SUPPORT FOR CERTAIN TYPES OF INTERVENTIONS FOR RURAL DEVELOPMENT

AMOUNTS OF SUPPORT FOR CERTAIN TYPES OF INTERVENTIONS FOR RURAL DEVELOPMENT

| Article | Subject matter | Minimum/maximum amounts in Eur or rates | |
| --- | --- | --- | --- |
| Article 65 | Aid for Agri-environmental sustainability, climate mitigation and adaption measures and other management commitments | 600

   (*2) | Maximum per ha per year for annual crops |
| | 900

   (*2) | Maximum per ha per year for specialised perennial crops |
| | 450

   (*2) | Maximum per ha per year for other land uses |
| | 200

   (*2) | Maximum per livestock unit (‘LU’) per year for local breeds in danger of being lost to farmers |
| | 500 | Maximum per LU for actions promoting animal welfare |
| | 200

   (*2) | Maximum per ha per year for actions consisting of forest, environmental and climate services and forest conservation |
| Article 66 | Aid for Natural or other area-specific constraints | 25 | Minimum per ha per year on average of the area of the beneficiary receiving support |
| | 250

   (*2) | Maximum per ha per year |
| | 450

   (*2) | Maximum per ha per year in mountain areas as defined in Article 32(2) of Regulation (EU) No 1305/2013. |
| Article 67 | Aid for Area-specific disadvantages resulting from certain mandatory requirements | 500

   (*2) | Maximum per ha per year during the initial period not exceeding five years |
| | 200

   (*2) | Maximum per ha per year |
| | 50

   (*3) | Minimum per ha per year for Water Framework Directive payments |
| Article 68 | Aid for Investments | 55 % | Maximum rate of the amount of the eligible costs. This rate may be exceeded according to Article 68(4). |
| Article 68a | Aid for investments in irrigation | 75 % | Maximum rate of the amount of the eligible costs |
| Article 69 | Aid for installation of young farmers, new farmers, sustainable rural business start-up and development | 100 000 | Maximum per beneficiary |
| Article 69a | Aid for installation of digital technologies | 70 % | Maximum rate of the amount of the eligible costs |
| Article 70 | Aid for risk management tools | 70 % | Maximum rate of the amount of the eligible costs. |
| Article 71 | Cooperation: Aid for quality schemes for agricultural products and foodstuffs; | 3 000 | Maximum per holding per year |
| | 70 % | Of the eligible costs of information and promotion actions |
| Cooperation: Aid for setting up producer groups and organisations | 10 % | As a percentage of marketed production during the first five years following recognition. The aid shall be degressive. |
| | 100 000 | Maximum amount per year in all cases |
| Article 72 | Aid for advisory services | 1 500 | Maximum amount per advice |
| | 200 000 | Maximum amount per three years for the training of advisors |
| Aid for other knowledge exchange and information services | 100 % | Maximum rate of the amount of the eligible costs |

Article

Article

Subject matter

Subject matter

Minimum/maximum amounts in Eur or rates

Minimum/maximum amounts in Eur or rates

Article 65

Article 65

Aid for Agri-environmental sustainability, climate mitigation and adaption measures and other management commitments

Aid for Agri-environmental sustainability, climate mitigation and adaption measures and other management commitments

600

   (*2)

600

*2

Maximum per ha per year for annual crops

Maximum per ha per year for annual crops

900

   (*2)

900

*2

Maximum per ha per year for specialised perennial crops

Maximum per ha per year for specialised perennial crops

450

   (*2)

450

*2

Maximum per ha per year for other land uses

Maximum per ha per year for other land uses

200

   (*2)

200

*2

Maximum per livestock unit (‘LU’) per year for local breeds in danger of being lost to farmers

Maximum per livestock unit (‘LU’) per year for local breeds in danger of being lost to farmers

500

500

Maximum per LU for actions promoting animal welfare

Maximum per LU for actions promoting animal welfare

200

   (*2)

200

*2

Maximum per ha per year for actions consisting of forest, environmental and climate services and forest conservation

Maximum per ha per year for actions consisting of forest, environmental and climate services and forest conservation

Article 66

Article 66

Aid for Natural or other area-specific constraints

Aid for Natural or other area-specific constraints

25

25

Minimum per ha per year on average of the area of the beneficiary receiving support

Minimum per ha per year on average of the area of the beneficiary receiving support

250

   (*2)

250

*2

Maximum per ha per year

Maximum per ha per year

450

   (*2)

450

*2

Maximum per ha per year in mountain areas as defined in Article 32(2) of Regulation (EU) No 1305/2013.

Maximum per ha per year in mountain areas as defined in Article 32(2) of Regulation (EU) No 1305/2013.

Article 67

Article 67

Aid for Area-specific disadvantages resulting from certain mandatory requirements

Aid for Area-specific disadvantages resulting from certain mandatory requirements

500

   (*2)

500

*2

Maximum per ha per year during the initial period not exceeding five years

Maximum per ha per year during the initial period not exceeding five years

200

   (*2)

200

*2

Maximum per ha per year

Maximum per ha per year

50

   (*3)

50

*3

Minimum per ha per year for Water Framework Directive payments

Minimum per ha per year for Water Framework Directive payments

Article 68

Article 68

Aid for Investments

Aid for Investments

55 %

55 %

Maximum rate of the amount of the eligible costs. This rate may be exceeded according to Article 68(4).

Maximum rate of the amount of the eligible costs. This rate may be exceeded according to Article 68(4).

Article 68a

Article 68a

Aid for investments in irrigation

Aid for investments in irrigation

75 %

75 %

Maximum rate of the amount of the eligible costs

Maximum rate of the amount of the eligible costs

Article 69

Article 69

Aid for installation of young farmers, new farmers, sustainable rural business start-up and development

Aid for installation of young farmers, new farmers, sustainable rural business start-up and development

100 000

100 000

Maximum per beneficiary

Maximum per beneficiary

Article 69a

Article 69a

Aid for installation of digital technologies

Aid for installation of digital technologies

70 %

70 %

Maximum rate of the amount of the eligible costs

Maximum rate of the amount of the eligible costs

Article 70

Article 70

Aid for risk management tools

Aid for risk management tools

70 %

70 %

Maximum rate of the amount of the eligible costs.

Maximum rate of the amount of the eligible costs.

Article 71

Article 71

Cooperation: Aid for quality schemes for agricultural products and foodstuffs;

Cooperation: Aid for quality schemes for agricultural products and foodstuffs;

3 000

3 000

Maximum per holding per year

Maximum per holding per year

70 %

70 %

Of the eligible costs of information and promotion actions

Of the eligible costs of information and promotion actions

Cooperation: Aid for setting up producer groups and organisations

Cooperation: Aid for setting up producer groups and organisations

10 %

10 %

As a percentage of marketed production during the first five years following recognition. The aid shall be degressive.

As a percentage of marketed production during the first five years following recognition. The aid shall be degressive.

100 000

100 000

Maximum amount per year in all cases

Maximum amount per year in all cases

Article 72

Article 72

Aid for advisory services

Aid for advisory services

1 500

1 500

Maximum amount per advice

Maximum amount per advice

200 000

200 000

Maximum amount per three years for the training of advisors

Maximum amount per three years for the training of advisors

Aid for other knowledge exchange and information services

Aid for other knowledge exchange and information services

100 %

100 %

Maximum rate of the amount of the eligible costs

Maximum rate of the amount of the eligible costs

Amendment 724

Amendment 724

Proposal for a regulation

Proposal for a regulation

Annex X — table

Annex X — table

Text proposed by the Commission

Text proposed by the Commission

MINIMUM AMOUNTS RESERVED FOR THE OBJECTIVE ‘ATTRACT YOUNG FARMERS AND FACILITATE BUSINESS DEVELOPMENT’ AS REFERRED TO IN ARTICLE 86(5)

MINIMUM AMOUNTS RESERVED FOR THE OBJECTIVE ‘ATTRACT YOUNG FARMERS AND FACILITATE BUSINESS DEVELOPMENT’ AS REFERRED TO IN ARTICLE 86(5)

| (current prices, in EUR) |
| --- |
| Calendar year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 and the subsequent years |
| Belgium | 9 712 079 | 9 712 079 | 9 712 079 | 9 712 079 | 9 712 079 | 9 712 079 | 9 712 079 |
| Bulgaria | 15 475 439 | 15 644 780 | 15 814 121 | 15 983 462 | 16 152 803 | 16 322 144 | 16 322 144 |
| Czech Republic | 16 776 886 | 16 776 886 | 16 776 886 | 16 776 886 | 16 776 886 | 16 776 886 | 16 776 886 |
| Denmark | 16 922 490 | 16 922 490 | 16 922 490 | 16 922 490 | 16 922 490 | 16 922 490 | 16 922 490 |
| Germany | 96 462 159 | 96 462 159 | 96 462 159 | 96 462 159 | 96 462 159 | 96 462 159 | 96 462 159 |
| Estonia | 3 354 430 | 3 453 356 | 3 552 281 | 3 651 206 | 3 750 131 | 3 849 057 | 3 849 057 |
| Ireland | 23 278 766 | 23 278 766 | 23 278 766 | 23 278 766 | 23 278 766 | 23 278 766 | 23 278 766 |
| Greece | 37 120 578 | 37 120 578 | 37 120 578 | 37 120 578 | 37 120 578 | 37 120 578 | 37 120 578 |
| Spain | 94 203 434 | 94 346 677 | 94 489 919 | 94 633 162 | 94 776 404 | 94 919 647 | 94 919 647 |
| France | 142 955 739 | 142 955 739 | 142 955 739 | 142 955 739 | 142 955 739 | 142 955 739 | 142 955 739 |
| Croatia | 6 886 800 | 7 354 228 | 7 354 228 | 7 354 228 | 7 354 228 | 7 354 228 | 7 354 228 |
| Italy | 71 203 710 | 71 203 710 | 71 203 710 | 71 203 710 | 71 203 710 | 71 203 710 | 71 203 710 |
| Cyprus | 935 002 | 935 002 | 935 002 | 935 002 | 935 002 | 935 002 | 935 002 |
| Latvia | 5 992 672 | 6 165 893 | 6 339 113 | 6 512 334 | 6 685 555 | 6 858 775 | 6 858 775 |
| Lithuania | 10 216 405 | 10 494 645 | 10 772 885 | 11 051 125 | 11 329 365 | 11 607 604 | 11 607 604 |
| Luxembourg | 642 620 | 642 620 | 642 620 | 642 620 | 642 620 | 642 620 | 642 620 |
| Hungary | 24 395 393 | 24 395 393 | 24 395 393 | 24 395 393 | 24 395 393 | 24 395 393 | 24 395 393 |
| Malta | 90 150 | 90 150 | 90 150 | 90 150 | 90 150 | 90 150 | 90 150 |
| Netherlands | 14 077 407 | 14 077 407 | 14 077 407 | 14 077 407 | 14 077 407 | 14 077 407 | 14 077 407 |
| Austria | 13 296 391 | 13 296 391 | 13 296 391 | 13 296 391 | 13 296 391 | 13 296 391 | 13 296 391 |
| Poland | 59 459 556 | 60 071 486 | 60 683 415 | 61 295 345 | 61 907 274 | 62 519 203 | 62 519 203 |
| Portugal | 11 693 003 | 11 865 375 | 12 037 746 | 12 210 118 | 12 382 490 | 12 554 862 | 12 554 862 |
| Romania | 37 123 452 | 37 664 232 | 38 205 012 | 38 745 792 | 39 286 572 | 39 827 352 | 39 827 352 |
| Slovenia | 2 581 053 | 2 581 053 | 2 581 053 | 2 581 053 | 2 581 053 | 2 581 053 | 2 581 053 |
| Slovakia | 7 676 128 | 7 771 499 | 7 866 870 | 7 962 242 | 8 057 613 | 8 152 985 | 8 152 985 |
| Finland | 10 119 993 | 10 155 679 | 10 191 365 | 10 227 051 | 10 262 736 | 10 298 422 | 10 298 422 |
| Sweden | 13 455 218 | 13 459 695 | 13 464 172 | 13 468 649 | 13 473 126 | 13 477 604 | 13 477 604 |

(current prices, in EUR)

Calendar year

2021

2022

2023

2024

2025

2026

2027 and the subsequent years

Belgium

9 712 079

9 712 079

9 712 079

9 712 079

9 712 079

9 712 079

9 712 079

9 712 079

9 712 079

9 712 079

9 712 079

9 712 079

9 712 079

9 712 079

Bulgaria

15 475 439

15 475 439

15 644 780

15 644 780

15 814 121

15 814 121

15 983 462

15 983 462

16 152 803

16 152 803

16 322 144

16 322 144

16 322 144

16 322 144

Czech Republic

16 776 886

16 776 886

16 776 886

16 776 886

16 776 886

16 776 886

16 776 886

16 776 886

16 776 886

16 776 886

16 776 886

16 776 886

16 776 886

16 776 886

Denmark

16 922 490

16 922 490

16 922 490

16 922 490

16 922 490

16 922 490

16 922 490

16 922 490

16 922 490

16 922 490

16 922 490

16 922 490

16 922 490

16 922 490

Germany

96 462 159

96 462 159

96 462 159

96 462 159

96 462 159

96 462 159

96 462 159

96 462 159

96 462 159

96 462 159

96 462 159

96 462 159

96 462 159

96 462 159

Estonia

3 354 430

3 354 430

3 453 356

3 453 356

3 552 281

3 552 281

3 651 206

3 651 206

3 750 131

3 750 131

3 849 057

3 849 057

3 849 057

3 849 057

Ireland

23 278 766

23 278 766

23 278 766

23 278 766

23 278 766

23 278 766

23 278 766

23 278 766

23 278 766

23 278 766

23 278 766

23 278 766

23 278 766

23 278 766

Greece

37 120 578

37 120 578

37 120 578

37 120 578

37 120 578

37 120 578

37 120 578

37 120 578

37 120 578

37 120 578

37 120 578

37 120 578

37 120 578

37 120 578

Spain

94 203 434

94 203 434

94 346 677

94 346 677

94 489 919

94 489 919

94 633 162

94 633 162

94 776 404

94 776 404

94 919 647

94 919 647

94 919 647

94 919 647

France

142 955 739

142 955 739

142 955 739

142 955 739

142 955 739

142 955 739

142 955 739

142 955 739

142 955 739

142 955 739

142 955 739

142 955 739

142 955 739

142 955 739

Croatia

6 886 800

6 886 800

7 354 228

7 354 228

7 354 228

7 354 228

7 354 228

7 354 228

7 354 228

7 354 228

7 354 228

7 354 228

7 354 228

7 354 228

Italy

71 203 710

71 203 710

71 203 710

71 203 710

71 203 710

71 203 710

71 203 710

71 203 710

71 203 710

71 203 710

71 203 710

71 203 710

71 203 710

71 203 710

Cyprus

935 002

935 002

935 002

935 002

935 002

935 002

935 002

935 002

935 002

935 002

935 002

935 002

935 002

935 002

Latvia

5 992 672

5 992 672

6 165 893

6 165 893

6 339 113

6 339 113

6 512 334

6 512 334

6 685 555

6 685 555

6 858 775

6 858 775

6 858 775

6 858 775

Lithuania

10 216 405

10 216 405

10 494 645

10 494 645

10 772 885

10 772 885

11 051 125

11 051 125

11 329 365

11 329 365

11 607 604

11 607 604

11 607 604

11 607 604

Luxembourg

642 620

642 620

642 620

642 620

642 620

642 620

642 620

642 620

642 620

642 620

642 620

642 620

642 620

642 620

Hungary

24 395 393

24 395 393

24 395 393

24 395 393

24 395 393

24 395 393

24 395 393

24 395 393

24 395 393

24 395 393

24 395 393

24 395 393

24 395 393

24 395 393

Malta

90 150

90 150

90 150

90 150

90 150

90 150

90 150

90 150

90 150

90 150

90 150

90 150

90 150

90 150

Netherlands

14 077 407

14 077 407

14 077 407

14 077 407

14 077 407

14 077 407

14 077 407

14 077 407

14 077 407

14 077 407

14 077 407

14 077 407

14 077 407

14 077 407

Austria

13 296 391

13 296 391

13 296 391

13 296 391

13 296 391

13 296 391

13 296 391

13 296 391

13 296 391

13 296 391

13 296 391

13 296 391

13 296 391

13 296 391

Poland

59 459 556

59 459 556

60 071 486

60 071 486

60 683 415

60 683 415

61 295 345

61 295 345

61 907 274

61 907 274

62 519 203

62 519 203

62 519 203

62 519 203

Portugal

11 693 003

11 693 003

11 865 375

11 865 375

12 037 746

12 037 746

12 210 118

12 210 118

12 382 490

12 382 490

12 554 862

12 554 862

12 554 862

12 554 862

Romania

37 123 452

37 123 452

37 664 232

37 664 232

38 205 012

38 205 012

38 745 792

38 745 792

39 286 572

39 286 572

39 827 352

39 827 352

39 827 352

39 827 352

Slovenia

2 581 053

2 581 053

2 581 053

2 581 053

2 581 053

2 581 053

2 581 053

2 581 053

2 581 053

2 581 053

2 581 053

2 581 053

2 581 053

2 581 053

Slovakia

7 676 128

7 676 128

7 771 499

7 771 499

7 866 870

7 866 870

7 962 242

7 962 242

8 057 613

8 057 613

8 152 985

8 152 985

8 152 985

8 152 985

Finland

10 119 993

10 119 993

10 155 679

10 155 679

10 191 365

10 191 365

10 227 051

10 227 051

10 262 736

10 262 736

10 298 422

10 298 422

10 298 422

10 298 422

Sweden

13 455 218

13 455 218

13 459 695

13 459 695

13 464 172

13 464 172

13 468 649

13 468 649

13 473 126

13 473 126

13 477 604

13 477 604

13 477 604

13 477 604

Amendment

Amendment

MINIMUM AMOUNTS RESERVED FOR YOUNG FARMERS AS REFERED IN ARTICLE 86 (4)

MINIMUM AMOUNTS RESERVED FOR YOUNG FARMERS AS REFERED IN ARTICLE 86 (4)

| (current prices, in EUR) |
| --- |
| Calendar year | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 and the subsequent years |
| Belgium | X | X | X | X | X | X | X |
| Bulgaria | X | X | X | X | X | X | X |
| Czech Republic | X | X | X | X | X | X | X |
| Denmark | X | X | X | X | X | X | X |
| Germany | X | X | X | X | X | X | X |
| Estonia | X | X | X | X | X | X | X |
| Ireland | X | X | X | X | X | X | X |
| Greece | X | X | X | X | X | X | X |
| Spain | X | X | X | X | X | X | X |
| France | X | X | X | X | X | X | X |
| Croatia | X | X | X | X | X | X | X |
| Italy | X | X | X | X | X | X | X |
| Cyprus | X | X | X | X | X | X | X |
| Latvia | X | X | X | X | X | X | X |
| Lithuania | X | X | X | X | X | X | X |
| Luxembourg | X | X | X | X | X | X | X |
| Hungary | X | X | X | X | X | X | X |
| Malta | X | X | X | X | X | X | X |
| Netherlands | X | X | X | X | X | X | X |
| Austria | X | X | X | X | X | X | X |
| Poland | X | X | X | X | X | X | X |
| Portugal | X | X | X | X | X | X | X |
| Romania | X | X | X | X | X | X | X |
| Slovenia | X | X | X | X | X | X | X |
| Slovakia | X | X | X | X | X | X | X |
| Finland | X | X | X | X | X | X | X |
| Sweden | X | X | X | X | X | X | X |

(current prices, in EUR)

Calendar year

2021

2022

2023

2024

2025

2026

2027 and the subsequent years

Belgium

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Bulgaria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Czech Republic

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Denmark

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Germany

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Estonia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Ireland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Greece

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Spain

X

X

X

X

X

X

X

X

X

X

X

X

X

X

France

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Croatia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Italy

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Cyprus

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Latvia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Lithuania

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Luxembourg

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Hungary

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Malta

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Netherlands

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Austria

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Poland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Portugal

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Romania

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Slovenia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Slovakia

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Finland

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Sweden

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Amendment 844

Amendment 844

Proposal for a regulation

Proposal for a regulation

Annex XI

Annex XI

| Text proposed by the Commission | Amendment |
| --- | --- |
| ANNEX XI | ANNEX XI |
| EU LEGISLATION CONCERNING THE ENVIRONMENT AND CLIMATE TO WHOSE OBJECTIVES MEMBER STATES' CAP STRATEGIC PLANS SHOULD CONTRIBUTE PURSUANT TO ARTICLES 96, 97 AND 103: | EU LEGISLATION CONCERNING THE ENVIRONMENT AND CLIMATE TO WHOSE OBJECTIVES MEMBER STATES' CAP STRATEGIC PLANS SHOULD CONTRIBUTE PURSUANT TO ARTICLES 96, 97 AND 103: |
| — | Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ANNEX XI

ANNEX XI

EU LEGISLATION CONCERNING THE ENVIRONMENT AND CLIMATE TO WHOSE OBJECTIVES MEMBER STATES' CAP STRATEGIC PLANS SHOULD CONTRIBUTE PURSUANT TO ARTICLES 96, 97 AND 103:

EU LEGISLATION CONCERNING THE ENVIRONMENT AND CLIMATE TO WHOSE OBJECTIVES MEMBER STATES' CAP STRATEGIC PLANS SHOULD CONTRIBUTE PURSUANT TO ARTICLES 96, 97 AND 103:

—

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;

| — | Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds; |
| --- | --- |

—

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;

| — | Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora; |
| --- | --- |

—

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

| — | Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora; |
| --- | --- |

—

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

| — | Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy; |
| --- | --- |

—

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;

| — | Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy; |
| --- | --- |

—

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;

| — | Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources; |
| --- | --- |

—

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources;

| — | Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources; |
| --- | --- |

—

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources;

| — | Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe; |
| --- | --- |

—

Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe;

| — | Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe; |
| --- | --- |

—

Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe;

| — | Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC; |
| --- | --- |

—

Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC;

| — | Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC; |
| --- | --- |

—

Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC;

| — | [Regulation XXXX of the European Parliament and of the Council on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry into the 2030 climate and energy framework and amending Regulation (EU) No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change]; |
| --- | --- |

—

[Regulation XXXX of the European Parliament and of the Council on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry into the 2030 climate and energy framework and amending Regulation (EU) No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change];

| — | [Regulation XXXX of the European Parliament and of the Council on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry into the 2030 climate and energy framework and amending Regulation (EU) No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change]; |
| --- | --- |

—

[Regulation XXXX of the European Parliament and of the Council on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry into the 2030 climate and energy framework and amending Regulation (EU) No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change];

| — | [Regulation XXX of the European Parliament and of the Council on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 for a resilient Energy Union and to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change]; |
| --- | --- |

—

[Regulation XXX of the European Parliament and of the Council on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 for a resilient Energy Union and to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change];

| — | [Regulation XXX of the European Parliament and of the Council on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 for a resilient Energy Union and to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change]; |
| --- | --- |

—

[Regulation XXX of the European Parliament and of the Council on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 for a resilient Energy Union and to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change];

| — | Directive 2009/28/EC on the promotion of the use of energy from renewable sources; |
| --- | --- |

—

Directive 2009/28/EC on the promotion of the use of energy from renewable sources;

| — | Directive 2009/28/EC on the promotion of the use of energy from renewable sources; |
| --- | --- |

—

Directive 2009/28/EC on the promotion of the use of energy from renewable sources;

| — | [Directive XXX of the European Parliament and of the Council amending Directive 2012/27/EU on energy efficiency]; |
| --- | --- |

—

[Directive XXX of the European Parliament and of the Council amending Directive 2012/27/EU on energy efficiency];

| — | [Directive XXX of the European Parliament and of the Council amending Directive 2012/27/EU on energy efficiency]; |
| --- | --- |

—

[Directive XXX of the European Parliament and of the Council amending Directive 2012/27/EU on energy efficiency];

| — | [Regulation XXXX of the European Parliament and of the Council on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013]; |
| --- | --- |

—

[Regulation XXXX of the European Parliament and of the Council on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013];

| — | [Regulation XXXX of the European Parliament and of the Council on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013]; |
| --- | --- |

—

[Regulation XXXX of the European Parliament and of the Council on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013];

| — | Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides. |
| --- | --- |

—

Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides.

| — | Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides; |
| --- | --- |

—

Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides;

| — | Regulation (EU) XX/XX of the European Parliament and of the Council on minimum requirements for water reuse; |
| --- | --- |

—

Regulation (EU) XX/XX of the European Parliament and of the Council on minimum requirements for water reuse;

Regulation (EU) XX/XX of the European Parliament and of the Council on minimum requirements for water reuse;

| — | Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC. |
| --- | --- |

—

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.

Amendment 1155

Amendment 1155

Proposal for a regulation

Proposal for a regulation

Annex XII

Annex XII

Text proposed by the Commission

Text proposed by the Commission

ANNEX XII

ANNEX XII

REPORTING BASED ON CORE SET OF INDICATORS PURSUANT TO ARTICLE 128

REPORTING BASED ON CORE SET OF INDICATORS PURSUANT TO ARTICLE 128

Indicators for the European Agriculture Guarantee Fund (EAGF) and the European Agriculture Fund for Rural Development (EAFRD)

| Objectives | Core set of indicators |
| --- | --- |
| Support viable farm income and resilience across the Union to enhance food security; | O.3 | Number of CAP support beneficiaries |

Objectives

Core set of indicators

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

O.3

Number of CAP support beneficiaries

| R.6 | Redistribution to smaller farms: Percentage additional support per hectare for eligible farms below average farm size (compared to average) |
| --- | --- |

R.6

Redistribution to smaller farms: Percentage additional support per hectare for eligible farms below average farm size (compared to average)

Enhance market orientation and increase competitiveness, including through a greater focus on and uptake of research, innovative solutions, technology and digitalisation;

| R.9 | Farm modernisation: Share of farmers receiving investment support to restructure and modernise, including to improve resource efficiency |
| --- | --- |

R.9

Farm modernisation: Share of farmers receiving investment support to restructure and modernise, including to improve resource efficiency

Improve the farmers' position in the value chain;

| R.10 | Better supply chain organisation: Share of farmers participating in supported Producer Groups, Producer Organisations, local markets, short supply chain circuits and quality schemes |
| --- | --- |

R.10

Better supply chain organisation: Share of farmers participating in supported Producer Groups, Producer Organisations, local markets, short supply chain circuits and quality schemes

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

| R.14 | Carbon storage in soils and biomass: Share of agricultural land under commitments to reducing emissions, maintaining and/or enhancing carbon storage (permanent grassland, agricultural land in peatland, forest, etc.) |
| --- | --- |

R.14

Carbon storage in soils and biomass: Share of agricultural land under commitments to reducing emissions, maintaining and/or enhancing carbon storage (permanent grassland, agricultural land in peatland, forest, etc.)

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

| O.13 | Number of ha (agricultural) covered by environment/climate commitments going beyond mandatory requirements |
| --- | --- |

O.13

Number of ha (agricultural) covered by environment/climate commitments going beyond mandatory requirements

| R.4 | Linking income support to standards and good practices: Share of UAA covered by income support and subject to conditionality |
| --- | --- |

R.4

Linking income support to standards and good practices: Share of UAA covered by income support and subject to conditionality

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

| R.27 | Preserving habitats and species: Share of agricultural land under management commitments supporting biodiversity conservation or restoration |
| --- | --- |

R.27

Preserving habitats and species: Share of agricultural land under management commitments supporting biodiversity conservation or restoration

Attract young farmers and facilitate business development;

| R.30 | Generational renewal: Number of young farmers setting up a farm with support from the CAP |
| --- | --- |

R.30

Generational renewal: Number of young farmers setting up a farm with support from the CAP

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

| R.31 | Growth and jobs in rural areas: New jobs in supported projects |
| --- | --- |

R.31

Growth and jobs in rural areas: New jobs in supported projects

| R.34 | Connecting rural Europe: Share of rural population benefitting from improved access to services and infrastructure through CAP support |
| --- | --- |

R.34

Connecting rural Europe: Share of rural population benefitting from improved access to services and infrastructure through CAP support

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

| O.16 | Number of livestock units covered by support for animal welfare, health or increased biosecurity measures |
| --- | --- |

O.16

Number of livestock units covered by support for animal welfare, health or increased biosecurity measures

Amendment

Amendment

ANNEX XII

ANNEX XII

REPORTING BASED ON CORE SET OF INDICATORS PURSUANT TO ARTICLE 128

REPORTING BASED ON CORE SET OF INDICATORS PURSUANT TO ARTICLE 128

Indicators for the European Agriculture Guarantee Fund (EAGF) and the European Agriculture Fund for Rural Development (EAFRD)

| Objectives | Core set of indicators |
| --- | --- |
| Support viable farm income and resilience
  of the agricultural sector
  across the Union to enhance
  long term
  food security
  and agricultural diversity, while providing safe and high-quality food at fair prices with the aim of reversing the loss of farmers and ensuring the economic sustainability of agricultural production in the Union | O.3 | Number of CAP support beneficiaries,
  including a breakdown per type of intervention |

Objectives

Core set of indicators

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

of the agricultural sector

long term

and agricultural diversity, while providing safe and high-quality food at fair prices with the aim of reversing the loss of farmers and ensuring the economic sustainability of agricultural production in the Union

O.3

Number of CAP support beneficiaries,
  including a breakdown per type of intervention

including a breakdown per type of intervention

| R.6 | Redistribution to smaller farms: Percentage additional support per hectare for eligible farms below average farm size (compared to average) |
| --- | --- |

R.6

Redistribution to smaller farms: Percentage additional support per hectare for eligible farms below average farm size (compared to average)

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

, in local, national, Union as well as international markets, as well as market stabilisation, risk and crisis management,

long-term farm

processing and marketing capabilities of agricultural products, with

quality differentiation,

innovation,

, knowledge transfer and exchange

, and facilitating the access of farmers to circular economy dynamics

| R.9 | Farm modernisation: Share of farmers receiving investment support to restructure and modernise, including to improve resource efficiency |
| --- | --- |

R.9

Farm modernisation: Share of farmers receiving investment support to restructure and modernise, including to improve resource efficiency

Improve the farmers'
  bargaining
  position in the value
  chains by encouraging associative forms, producer organisations and collective negotiations, as well as promoting short supply chains

bargaining

chains by encouraging associative forms, producer organisations and collective negotiations, as well as promoting short supply chains

| R.10 | Better supply chain organisation: Share of farmers participating in supported Producer Groups, Producer Organisations, local markets, short supply chain circuits and quality schemes |
| --- | --- |

R.10

Better supply chain organisation: Share of farmers participating in supported Producer Groups, Producer Organisations, local markets, short supply chain circuits and quality schemes

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

by reducing greenhouse gas emissions, including by enhancing carbon sinks, carbon sequestration and storage in the agriculture and food sector, as well as incorporating

, while ensuring food security, sustainable management and protection of forests, in line with the Paris agreement

| R.14 | Carbon storage in soils and biomass: Share of agricultural land under commitments to
  reduce
  emissions,
  maintain
  and/or
  enhance
  carbon storage (permanent grassland,
  permanent crops with permament green cover,
  agricultural land in
  wetland and
  peatland, forest, etc.) |
| --- | --- |

R.14

Carbon storage in soils and biomass: Share of agricultural land under commitments to
  reduce
  emissions,
  maintain
  and/or
  enhance
  carbon storage (permanent grassland,
  permanent crops with permament green cover,
  agricultural land in
  wetland and
  peatland, forest, etc.)

reduce

maintain

enhance

permanent crops with permament green cover,

wetland and

Foster sustainable development and efficient management of natural resources
  and contribute to the protection and improvement of the quality of
  water, soil and air
  , including through the sustainable and reduced use of plant protection products, fertilizers and antibiotics

and contribute to the protection and improvement of the quality of

, including through the sustainable and reduced use of plant protection products, fertilizers and antibiotics

| O.13 | Number of ha (agricultural)
  and number of other units
  covered by environment/climate commitments going beyond mandatory requirements
  including eco-scheme |
| --- | --- |

O.13

Number of ha (agricultural)
  and number of other units
  covered by environment/climate commitments going beyond mandatory requirements
  including eco-scheme

and number of other units

including eco-scheme

| R.4 | Linking income support to standards and good practices: Share of UAA covered by income support and subject to conditionality |
| --- | --- |

R.4

Linking income support to standards and good practices: Share of UAA covered by income support and subject to conditionality

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

by reducing greenhouse gas emissions, including by enhancing carbon sinks, carbon sequestration and storage in the agriculture and food sector, as well as incorporating

, while ensuring food security, sustainable management and protection of forests, in line with the Paris agreement

| R.27 | Preserving habitats and species: Share of agricultural land under management commitments supporting biodiversity conservation or restoration
  , including HNV farmland |
| --- | --- |

R.27

Preserving habitats and species: Share of agricultural land under management commitments supporting biodiversity conservation or restoration
  , including HNV farmland

, including HNV farmland

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

and support

, new farmers, and promoting the participation of women in the agricultural sector, particularly in the most depopulated areas and areas with natural constraints; facilitate training and experience across the Union, sustainable

and job creation

| R.30 | Generational renewal: Number of young farmers
  and new farmers
  setting up a farm with support from the CAP,
  including a gender breakdown |
| --- | --- |

R.30

Generational renewal: Number of young farmers
  and new farmers
  setting up a farm with support from the CAP,
  including a gender breakdown

and new farmers

including a gender breakdown

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

social and territorial cohesion in rural areas including through

creation

investment,

, combatting rural poverty

through

including high quality local services for rural communities

focussing in particular on areas with natural constraints; promoting decent living, working and economic conditions; diversification of activities and income,

agri-tourism

sustainable

, circular economy,

, while respecting gender equality

promoting equal opportunities in rural areas through specific support measures, and recognition of women's work in agriculture, crafts, tourism and local services

| R.31 | Growth and jobs in rural areas: New jobs in supported projects,
  including a gender breakdown |
| --- | --- |

R.31

Growth and jobs in rural areas: New jobs in supported projects,
  including a gender breakdown

including a gender breakdown

| R.34 | Connecting rural Europe: Share of rural population benefitting from improved access to services and infrastructure through CAP support |
| --- | --- |

R.34

Connecting rural Europe: Share of rural population benefitting from improved access to services and infrastructure through CAP support

Improve the response of EU agriculture to societal demands on food and health, including safe, nutritious
  high quality
  and sustainable food,
  organic agriculture, food waste, as well as environmental sustainability, antimicrobial resistance and improving animal health and welfare, as well as increasing social awareness of the importance of agriculture and rural areas while contributing to the implementation of the 2030 Agenda for Sustainable Development

high quality

organic agriculture, food waste, as well as environmental sustainability, antimicrobial resistance and improving animal health and welfare, as well as increasing social awareness of the importance of agriculture and rural areas while contributing to the implementation of the 2030 Agenda for Sustainable Development

| O.16 | Number of livestock units covered by support for animal welfare, health or increased biosecurity measures |
| --- | --- |

O.16

Number of livestock units covered by support for animal welfare, health or increased biosecurity measures

---

(*1)  References to ‘cp’ in the headings of adopted amendments shall be understood as the corresponding part of those amendments.

*1

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0200/2019).

1

(1a)  
  Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).

1a

Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).

(11)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

11

(12)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

12

(13)  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).

13

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

14

(15)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

15

(16)  Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71).

16

(11)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

11

(12)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

12

(13)  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).

13

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

14

(15)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

15

(16)  Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71).

16

(17)  
  Memorandum of Understanding between the Economic Community and the United States of America on oil seeds under GATT (OJ L 147, 18/06/1993).

17

Memorandum of Understanding between the Economic Community and the United States of America on oil seeds under GATT (OJ L 147, 18/06/1993).

(1a)  
  Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).

1a

Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).

(1a)  
  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

1a

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

(1a)  
  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

1a

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

(1a)  
  Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).

1a

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

(1a)  
  Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

1a

Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

(1a)  
  Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC
  (

  OJ L 140, 5.6.2009, p. 16).

1a

Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC

OJ L 140, 5.6.2009, p. 16).

(19)  
  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

19

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

(20)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

20

(19)  
  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

19

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(20)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

20

(22)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

22

(22)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)

22

(26)  Regulation (EU) [.../...] of the European Parliament and of the Council of [date] [full tittle] (OJ L).

26

(26)  Regulation (EU) [.../...] of the European Parliament and of the Council of [date] [full tittle] (OJ L).

26

(28)  Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ L 160, 26.6.1999, p. 80).

28

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

29

(28)  Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ L 160, 26.6.1999, p. 80).

28

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

29

(1a)  
  Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).

1a

Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).

(30)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

30

(30)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

30

(31)  ‘A European One Health Action Plan against Antimicrobial Resistance (AMR)’ (COM(2017)0339).

31

(31)  ‘A European One Health Action Plan against Antimicrobial Resistance (AMR)’ (COM(2017)0339).

31

(38)  Proposal for a Council Regulation laying down the multiannual financial framework for the years 2021-2027 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2018)0322.

38

(38)  Proposal for a Council Regulation laying down the multiannual financial framework for the years 2021-2027 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2018)0322.

38

(40)  Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 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 Programs of the European Communities (OJ L 87, 31.3.2009, p. 164).

40

(40)  Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 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 Programs of the European Communities (OJ L 87, 31.3.2009, p. 164).

40

(2)  The GAEC buffer strips must respect, both within and outside vulnerable zones designated pursuant to Article 3(2) of Directive 91/676/EEC, at least the requirements relating to the conditions for land application of fertiliser near water courses, referred to in point A.4 of Annex II to Directive 91/676/EEC to be applied in accordance with the action programmes of Member States established under Article 5(4) of Directive 91/676/EEC

2

(3)  
  The Tool shall provide at least for the following elements and functionalities:

3

The Tool shall provide at least for the following elements and functionalities:

| a) | Elements








  — | Relevant farm information based on LPIS and IACS; |
| --- | --- | --- |

a)

a)

Elements

Elements

—

Relevant farm information based on LPIS and IACS;

Relevant farm information based on LPIS and IACS;

| — | Information from the soil sampling, on an appropriate spatial and temporal scale; |
| --- | --- |

—

Information from the soil sampling, on an appropriate spatial and temporal scale;

Information from the soil sampling, on an appropriate spatial and temporal scale;

| — | Information on relevant management practices, crop history, and yield goals; |
| --- | --- |

—

Information on relevant management practices, crop history, and yield goals;

Information on relevant management practices, crop history, and yield goals;

| — | Indications regarding legal limits and requirements relevant to farm nutrients management; |
| --- | --- |

—

Indications regarding legal limits and requirements relevant to farm nutrients management;

Indications regarding legal limits and requirements relevant to farm nutrients management;

| — | A complete nutrient budget. |
| --- | --- |

—

A complete nutrient budget.

A complete nutrient budget.

| b) | Functionalities








  — | Automatic integration of data from various sources (LPIS and IACS, farmer-generated data, soil analyses etc.) as far as possible, to avoid data input duplication for farmers; |
| --- | --- | --- |

b)

b)

Functionalities

Functionalities

—

Automatic integration of data from various sources (LPIS and IACS, farmer-generated data, soil analyses etc.) as far as possible, to avoid data input duplication for farmers;

Automatic integration of data from various sources (LPIS and IACS, farmer-generated data, soil analyses etc.) as far as possible, to avoid data input duplication for farmers;

| — | Two-way communication between PA/MAs and farmers allowed; |
| --- | --- |

—

Two-way communication between PA/MAs and farmers allowed;

Two-way communication between PA/MAs and farmers allowed;

| — | Modularity and possibility to support further sustainability objectives (e.g. emissions management, water management) |
| --- | --- |

—

Modularity and possibility to support further sustainability objectives (e.g. emissions management, water management)

Modularity and possibility to support further sustainability objectives (e.g. emissions management, water management)

| — | Respect of EU data inter-operability, openness and re-use principles; |
| --- | --- |

—

Respect of EU data inter-operability, openness and re-use principles;

Respect of EU data inter-operability, openness and re-use principles;

| — | Guarantees for data security and privacy in line with best current standards. |
| --- | --- |

—

Guarantees for data security and privacy in line with best current standards.

Guarantees for data security and privacy in line with best current standards.

(4)  As implemented in particular by:

4

| — | Article 14 of Regulation (EC) No 470/2009 and the Annex of Regulation (EC) No 37/2010, |
| --- | --- |

—

Article 14 of Regulation (EC) No 470/2009 and the Annex of Regulation (EC) No 37/2010,

| — | Regulation (EC) No 852/2004: Article 4(1) and Annex I part A (II 4 (g, h, j), 5 (f, h), 6; III 8 (a, b, d, e), 9 (a, c)), |
| --- | --- |

—

Regulation (EC) No 852/2004: Article 4(1) and Annex I part A (II 4 (g, h, j), 5 (f, h), 6; III 8 (a, b, d, e), 9 (a, c)),

| — | Regulation (EC) No 853/2004: Article 3(1) and Annex III Section IX Chapter 1 (I-1 b, c, d, e; I-2 a (i, ii, iii), b (i, ii), c; I-3; I-4; I-5; II-A 1, 2, 3, 4; II-B 1(a, d), 2, 4 (a, b)), Annex III Section X Chapter 1(1), |
| --- | --- |

—

Regulation (EC) No 853/2004: Article 3(1) and Annex III Section IX Chapter 1 (I-1 b, c, d, e; I-2 a (i, ii, iii), b (i, ii), c; I-3; I-4; I-5; II-A 1, 2, 3, 4; II-B 1(a, d), 2, 4 (a, b)), Annex III Section X Chapter 1(1),

| — | Regulation (EC) No 183/2005: Article 5(1) and Annex I, part A (I-4 e, g; II-2 a, b, e), Article 5(5) and Annex III (under the heading ‘FEEDING’, point 1 entitled ‘Storage’, first and last sentences, and point 2 entitled ‘Distribution’, third sentence), Article 5(6), and |
| --- | --- |

—

Regulation (EC) No 183/2005: Article 5(1) and Annex I, part A (I-4 e, g; II-2 a, b, e), Article 5(5) and Annex III (under the heading ‘FEEDING’, point 1 entitled ‘Storage’, first and last sentences, and point 2 entitled ‘Distribution’, third sentence), Article 5(6), and

| — | Regulation (EC) No 396/2005: Article 18. |
| --- | --- |

—

Regulation (EC) No 396/2005: Article 18.

(5)  
  It must be ensured that there is no loss of total permanent grassland at regional and/or national level

5

It must be ensured that there is no loss of total permanent grassland at regional and/or national level

(6)  
  Member States with significant dewatering and irrigation ditches may adjust, if duly justified for that area, the minimum width in accordance with MS specific local circumstances.

6

Member States with significant dewatering and irrigation ditches may adjust, if duly justified for that area, the minimum width in accordance with MS specific local circumstances.

(7)  
  Using existing flexibility of Regulation (EU) No 1307/2013, Article 46

7

Using existing flexibility of Regulation (EU) No 1307/2013, Article 46

(8)  As implemented in particular by:

8

| — | Article 14 of Regulation (EC) No 470/2009 and the Annex of Regulation (EC) No 37/2010, |
| --- | --- |

—

Article 14 of Regulation (EC) No 470/2009 and the Annex of Regulation (EC) No 37/2010,

| — | Regulation (EC) No 852/2004: Article 4(1) and Annex I part A (II 4 (g, h, j), 5 (f, h), 6; III 8 (a, b, d, e), 9 (a, c)), |
| --- | --- |

—

Regulation (EC) No 852/2004: Article 4(1) and Annex I part A (II 4 (g, h, j), 5 (f, h), 6; III 8 (a, b, d, e), 9 (a, c)),

| — | Regulation (EC) No 853/2004: Article 3(1) and Annex III Section IX Chapter 1 (I-1 b, c, d, e; I-2 a (i, ii, iii), b (i, ii), c; I-3; I-4; I-5; II-A 1, 2, 3, 4; II-B 1(a, d), 2, 4 (a, b)), Annex III Section X Chapter 1(1), |
| --- | --- |

—

Regulation (EC) No 853/2004: Article 3(1) and Annex III Section IX Chapter 1 (I-1 b, c, d, e; I-2 a (i, ii, iii), b (i, ii), c; I-3; I-4; I-5; II-A 1, 2, 3, 4; II-B 1(a, d), 2, 4 (a, b)), Annex III Section X Chapter 1(1),

| — | Regulation (EC) No 183/2005: Article 5(1) and Annex I, part A (I-4 e, g; II-2 a, b, e), Article 5(5) and Annex III (under the heading ‘FEEDING’, point 1 entitled ‘Storage’, first and last sentences, and point 2 entitled ‘Distribution’, third sentence), Article 5(6), and |
| --- | --- |

—

Regulation (EC) No 183/2005: Article 5(1) and Annex I, part A (I-4 e, g; II-2 a, b, e), Article 5(5) and Annex III (under the heading ‘FEEDING’, point 1 entitled ‘Storage’, first and last sentences, and point 2 entitled ‘Distribution’, third sentence), Article 5(6), and

| — | Regulation (EC) No 396/2005: Article 18. |
| --- | --- |

—

Regulation (EC) No 396/2005: Article 18.

(9)  The figures in ‘2018 prices’ are included for information purposes; they are indicative and are not legally binding.

9

(10)  The figures in ‘2018 prices’ are included for information purposes; they are indicative and are not legally binding.

10

(*2)  
  These amounts may be increased in duly substantiated cases taking into account specific circumstances to be justified in the rural development programmes.

*2

These amounts may be increased in duly substantiated cases taking into account specific circumstances to be justified in the rural development programmes.

(*3)  
  This amount may be decreased in duly substantiated cases taking into account specific circumstances to be justified in the rural development programmes.

*3

This amount may be decreased in duly substantiated cases taking into account specific circumstances to be justified in the rural development programmes.

---

| 6.10.2021 | EN | Official Journal of the European Union | C 404/571 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/571

---

P9_TA(2020)0288

Common agricultural policy: financing, management and monitoring ***I

Amendments (*1) adopted by the European Parliament on 23 October 2020 on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (COM(2018)0393 — C8-0247/2018 — 2018/0217(COD)) (1)

(Ordinary legislative procedure: first reading)

(2021/C 404/19)

Amendment 284

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 concludes that the Common Agricultural Policy (hereinafter ‘CAP’) should continue to step up its response to future challenges and opportunities, by boosting employment
  , growth
  and investment, fighting and adapting to climate change
  and bringing
  research and innovation
  out of
  the laboratories
  and onto
  fields and markets. The CAP should furthermore address citizens' concerns regarding sustainable agriculture production. |

Text proposed by the Commission

Amendment

(1)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 concludes that the Common Agricultural Policy (hereinafter ‘CAP’) should continue to step up its response to future challenges and opportunities, by boosting employment
  , growth
  and investment, fighting and adapting to climate change
  and bringing
  research and innovation
  out of
  the laboratories
  and onto
  fields and markets. The CAP should furthermore address citizens' concerns regarding sustainable agriculture production.

| (1) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 concludes that the Common Agricultural Policy (hereinafter ‘CAP’) should continue to step up its response to future challenges and opportunities, by boosting employment and investment
  , raising labour standards
  , fighting and adapting to climate change
  , adapting and transferring
  research and innovation
  from
  the laboratories
  to
  fields and markets. The CAP should furthermore address citizens' concerns regarding sustainable agriculture production
  and rural development
  . |
| --- | --- |

(1)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 concludes that the Common Agricultural Policy (hereinafter ‘CAP’) should continue to step up its response to future challenges and opportunities, by boosting employment and investment
  , raising labour standards
  , fighting and adapting to climate change
  , adapting and transferring
  research and innovation
  from
  the laboratories
  to
  fields and markets. The CAP should furthermore address citizens' concerns regarding sustainable agriculture production
  and rural development
  .

Amendment 2

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | It is necessary that the agricultural sector does not suffer the financial consequences of political decisions, such as the withdrawal of the United Kingdom from the European Union, or the funding of new Union policies. Account should be taken of the European Parliament resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources (2018/2714(RSP)) which deplored the fact that the Commission proposal of 2 May 2018 on the MFF for 2021-2027 led to a 15 % reduction in the level of the CAP, and stated that the European Parliament was particularly opposed to any radical cuts that would adversely impact on the very nature and objectives of the CAP. It also questioned, in that context, the proposal to reduce the European Agricultural Fund for Rural Development by more than 25 %. |

Text proposed by the Commission

Amendment

(1a)

It is necessary that the agricultural sector does not suffer the financial consequences of political decisions, such as the withdrawal of the United Kingdom from the European Union, or the funding of new Union policies. Account should be taken of the European Parliament resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources (2018/2714(RSP)) which deplored the fact that the Commission proposal of 2 May 2018 on the MFF for 2021-2027 led to a 15 % reduction in the level of the CAP, and stated that the European Parliament was particularly opposed to any radical cuts that would adversely impact on the very nature and objectives of the CAP. It also questioned, in that context, the proposal to reduce the European Agricultural Fund for Rural Development by more than 25 %.

Amendment 3

Proposal for a regulation

Recital 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1b) | The CAP has a fundamental role in the Union with direct payments and second-pillar funds to farmers contributing significantly not only to food security, but also to investment and employment in rural areas. The severe cuts envisaged for the CAP are not acceptable. For that reason, the CAP should focus on its core activities and the funding allocated to the CAP 2021-2027 for the EU-27 should be maintained at least at the level of the 2014-2020 budget while budgeting the initial amount for the agricultural crisis reserve. |

Text proposed by the Commission

Amendment

(1b)

The CAP has a fundamental role in the Union with direct payments and second-pillar funds to farmers contributing significantly not only to food security, but also to investment and employment in rural areas. The severe cuts envisaged for the CAP are not acceptable. For that reason, the CAP should focus on its core activities and the funding allocated to the CAP 2021-2027 for the EU-27 should be maintained at least at the level of the 2014-2020 budget while budgeting the initial amount for the agricultural crisis reserve.

Amendment 4

Proposal for a regulation

Recital 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1c) | In accordance with Article 208 of the Treaty on the Functioning of the European Union (TFEU), the implementation of the CAP should take account of the objectives of development cooperation including, inter alia, the 2030 Agenda for Sustainable Development and the achievement of the Union's climate change mitigation obligations under the Paris Agreement. |

Text proposed by the Commission

Amendment

(1c)

In accordance with Article 208 of the Treaty on the Functioning of the European Union (TFEU), the implementation of the CAP should take account of the objectives of development cooperation including, inter alia, the 2030 Agenda for Sustainable Development and the achievement of the Union's climate change mitigation obligations under the Paris Agreement.

Amendment 5

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | The CAP's compliance-driven delivery model should be adjusted to ensure a greater focus on results and performance. Accordingly the Union should set the basic policy objectives, types of intervention and basic Union requirements while greater responsibility and accountability for meeting those objectives should be borne by the Member States. As a consequence, there is a need to ensure greater subsidiarity in order to take better account of the local conditions and needs. Accordingly, under the new delivery model, Member States should be responsible for tailoring their CAP interventions in line with basic Union requirements in order to maximize their contribution to Union CAP objectives
  and to
  establish and design the
  compliance and
  control framework for beneficiaries. |

Text proposed by the Commission

Amendment

(3)

The CAP's compliance-driven delivery model should be adjusted to ensure a greater focus on results and performance. Accordingly the Union should set the basic policy objectives, types of intervention and basic Union requirements while greater responsibility and accountability for meeting those objectives should be borne by the Member States. As a consequence, there is a need to ensure greater subsidiarity in order to take better account of the local conditions and needs. Accordingly, under the new delivery model, Member States should be responsible for tailoring their CAP interventions in line with basic Union requirements in order to maximize their contribution to Union CAP objectives
  and to
  establish and design the
  compliance and
  control framework for beneficiaries.

| (3) | The CAP's compliance-driven delivery model should be adjusted to ensure a greater focus on results and performance. Accordingly the Union should set the basic policy objectives, types of intervention and basic Union requirements while greater responsibility and accountability for meeting those objectives should be borne by the Member States. As a consequence, there is a need to ensure greater subsidiarity
  and flexibility
  in order to take better account of the local conditions and needs. Accordingly, under the new delivery model, Member States should be responsible for tailoring their CAP interventions in line with
  their specific needs and
  basic Union requirements in order to maximize their contribution to Union CAP objectives
  . Member States should also
  establish and design the control framework for beneficiaries
  to continue to ensure compliance of the CAP strategic plans interventions with applicable Union law
  .
  Basic Union requirements, including good agricultural and environmental conditions (GAEC) and statutory management requirements (SMRs), ensure a common approach and a level playing field between Member States. |
| --- | --- |

(3)

The CAP's compliance-driven delivery model should be adjusted to ensure a greater focus on results and performance. Accordingly the Union should set the basic policy objectives, types of intervention and basic Union requirements while greater responsibility and accountability for meeting those objectives should be borne by the Member States. As a consequence, there is a need to ensure greater subsidiarity
  and flexibility
  in order to take better account of the local conditions and needs. Accordingly, under the new delivery model, Member States should be responsible for tailoring their CAP interventions in line with
  their specific needs and
  basic Union requirements in order to maximize their contribution to Union CAP objectives
  . Member States should also
  establish and design the control framework for beneficiaries
  to continue to ensure compliance of the CAP strategic plans interventions with applicable Union law
  .
  Basic Union requirements, including good agricultural and environmental conditions (GAEC) and statutory management requirements (SMRs), ensure a common approach and a level playing field between Member States.

Amendment 6

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | The provisions of Regulation (EU, Euratom) .../... of the European Parliament and of the Council [New Financial Regulation] (12), in particular those governing shared management with Member States, the function of accredited bodies and the budgetary principles, should apply to the interventions and measures set out in this Regulation. |

Text proposed by the Commission

Amendment

(5)

The provisions of Regulation (EU, Euratom) .../... of the European Parliament and of the Council [New Financial Regulation] (12), in particular those governing shared management with Member States, the function of accredited bodies and the budgetary principles, should apply to the interventions and measures set out in this Regulation.

| (5) | The provisions of Regulation (EU, Euratom)
  2018/1046
  of the European Parliament and of the Council [New Financial Regulation] (12), in particular those governing shared management with Member States, the function of accredited bodies and the budgetary principles, should apply to the interventions and measures set out in this Regulation. |
| --- | --- |

(5)

The provisions of Regulation (EU, Euratom)
  2018/1046
  of the European Parliament and of the Council [New Financial Regulation] (12), in particular those governing shared management with Member States, the function of accredited bodies and the budgetary principles, should apply to the interventions and measures set out in this Regulation.

Amendment 7

Proposal for a regulation

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | Part of the provisions of Regulation (EU) .../...[CPR Regulation

   (1a)

  ] should apply to this Regulation. |

Text proposed by the Commission

Amendment

(5a)

Part of the provisions of Regulation (EU) .../...[CPR Regulation

   (1a)

  ] should apply to this Regulation.

Amendment 8

Proposal for a regulation

Recital 5 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5b) | Member States should refrain from adding rules that complicate the use of the EAGF and the EAFRD for the beneficiary. |

Text proposed by the Commission

Amendment

(5b)

Member States should refrain from adding rules that complicate the use of the EAGF and the EAFRD for the beneficiary.

Amendment 9

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | It is necessary to provide for the accreditation of paying agencies and coordinating bodies by Member States and for the establishment of the procedures for obtaining management declarations
  and
  annual performance reports, and for obtaining the certification of management and monitoring systems, of reporting systems and the certification of annual accounts by independent bodies. Moreover, in order to ensure the transparency of the system of checks to be carried out at national level, in particular as regards procedures for authorisation, validation and payment and to reduce the administrative and audit burden for the Commission and for the Member States where accreditation of each individual paying agency is required, the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each Member State. |

Text proposed by the Commission

Amendment

(9)

It is necessary to provide for the accreditation of paying agencies and coordinating bodies by Member States and for the establishment of the procedures for obtaining management declarations
  and
  annual performance reports, and for obtaining the certification of management and monitoring systems, of reporting systems and the certification of annual accounts by independent bodies. Moreover, in order to ensure the transparency of the system of checks to be carried out at national level, in particular as regards procedures for authorisation, validation and payment and to reduce the administrative and audit burden for the Commission and for the Member States where accreditation of each individual paying agency is required, the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each Member State.

| (9) | It is necessary to provide for the accreditation of paying agencies and coordinating bodies by Member States and for the establishment of the procedures for obtaining management declarations, annual
  clearance report and
  performance reports, and for obtaining the certification of management and monitoring systems, of reporting systems and the certification of annual accounts by independent bodies. Moreover, in order to ensure the transparency of the system of checks to be carried out at national level, in particular as regards procedures for authorisation, validation and payment and to reduce the administrative and audit burden for the Commission and for the Member States where accreditation of each individual paying agency is required, the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each Member State.
  Paying agencies should develop their role as advisors to farmers and make efforts towards the simplification of procedures for beneficiaries while ensuring compliance with standards at Union level. |
| --- | --- |

(9)

It is necessary to provide for the accreditation of paying agencies and coordinating bodies by Member States and for the establishment of the procedures for obtaining management declarations, annual
  clearance report and
  performance reports, and for obtaining the certification of management and monitoring systems, of reporting systems and the certification of annual accounts by independent bodies. Moreover, in order to ensure the transparency of the system of checks to be carried out at national level, in particular as regards procedures for authorisation, validation and payment and to reduce the administrative and audit burden for the Commission and for the Member States where accreditation of each individual paying agency is required, the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each Member State.
  Paying agencies should develop their role as advisors to farmers and make efforts towards the simplification of procedures for beneficiaries while ensuring compliance with standards at Union level.

Amendment 10

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | Where a Member State accredits more than one paying agency, it should designate a single public coordinating body in order to ensure consistency in the management of Funds, to provide for a liaison between the Commission and the various accredited paying agencies, and to ensure that the information requested by the Commission concerning the operations of several paying agencies is provided promptly. The coordinating body should also take and coordinate actions with a view to resolving any deficiencies of a common nature encountered at national level and should keep the Commission informed of any follow-up. |

Text proposed by the Commission

Amendment

(10)

Where a Member State accredits more than one paying agency, it should designate a single public coordinating body in order to ensure consistency in the management of Funds, to provide for a liaison between the Commission and the various accredited paying agencies, and to ensure that the information requested by the Commission concerning the operations of several paying agencies is provided promptly. The coordinating body should also take and coordinate actions with a view to resolving any deficiencies of a common nature encountered at national level and should keep the Commission informed of any follow-up.

| (10) | Where a Member State accredits more than one paying agency, it should designate a single public coordinating body in order to ensure consistency in the management of Funds, to provide for a liaison between the Commission and the various accredited paying agencies, and to ensure that the information requested by the Commission concerning the operations of several paying agencies is provided promptly. The coordinating body should also take and coordinate actions with a view to resolving any deficiencies of a common nature encountered at national
  or regional
  level and should keep the Commission informed of any follow-up. |
| --- | --- |

(10)

Where a Member State accredits more than one paying agency, it should designate a single public coordinating body in order to ensure consistency in the management of Funds, to provide for a liaison between the Commission and the various accredited paying agencies, and to ensure that the information requested by the Commission concerning the operations of several paying agencies is provided promptly. The coordinating body should also take and coordinate actions with a view to resolving any deficiencies of a common nature encountered at national
  or regional
  level and should keep the Commission informed of any follow-up.

Amendment 265

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | Involving paying agencies that have been accredited by the Member States is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant CAP Strategic Plans will be reached by the interventions financed by the Union's budget. It should, therefore, be explicitly provided in this Regulation that only expenditure effected by accredited paying agencies can be reimbursed from the Union's budget. In addition, the expenditure financed by the Union for the interventions referred to in the CAP Strategic Plan Regulation should
  have a corresponding output regarding and should
  comply with the
  basic
  Union requirements and
  the
  governance systems. |

Text proposed by the Commission

Amendment

(11)

Involving paying agencies that have been accredited by the Member States is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant CAP Strategic Plans will be reached by the interventions financed by the Union's budget. It should, therefore, be explicitly provided in this Regulation that only expenditure effected by accredited paying agencies can be reimbursed from the Union's budget. In addition, the expenditure financed by the Union for the interventions referred to in the CAP Strategic Plan Regulation should
  have a corresponding output regarding and should
  comply with the
  basic
  Union requirements and
  the
  governance systems.

| (11) | Involving paying agencies that have been accredited by the Member States is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant CAP Strategic Plans will be reached by the interventions financed by the Union's budget. It should, therefore, be explicitly provided in this Regulation that only expenditure effected by accredited paying agencies can be reimbursed from the Union's budget. In addition, the expenditure financed by the Union for the interventions referred to in the CAP Strategic Plan Regulation should comply with the
  applicable
  Union requirements and governance systems
  , including Member States’ obligations with regard to the effective protection of the financial interests of the Union and to the performance reporting
  . |
| --- | --- |

(11)

Involving paying agencies that have been accredited by the Member States is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant CAP Strategic Plans will be reached by the interventions financed by the Union's budget. It should, therefore, be explicitly provided in this Regulation that only expenditure effected by accredited paying agencies can be reimbursed from the Union's budget. In addition, the expenditure financed by the Union for the interventions referred to in the CAP Strategic Plan Regulation should comply with the
  applicable
  Union requirements and governance systems
  , including Member States’ obligations with regard to the effective protection of the financial interests of the Union and to the performance reporting
  .

Amendment 12

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | With a view to ensuring that the amounts for the financing of the CAP comply with the annual ceilings, the financial discipline mechanism by which the level of direct support is adjusted, should be maintained.
  However, the threshold of EUR 2 000 should be abolished. An agricultural reserve should be maintained to support the agricultural sector in the event of market developments or major crises affecting the agricultural production or distribution. Article 12(2)(d) of Regulation (EU, Euratom) [New Financial Regulation] foresees that non-committed appropriations may be carried over to to the following financial year only. In order to significantly simplify the implementation for beneficiaries and national administrations, a roll-over mechanism should be used, using any unused amounts of the reserve for crises in the agricultural sector established in 2020. For this purpose a derogation from Article 12(2)(d) is necessary, allowing for non-committed appropriations of the agricultural reserve to be carried over without time limitation to finance the agricultural reserve in the following financial year(s). Furthermore, as regards the financial year 2020, a second derogation is necessary as the total unused amount of the reserve available at the end of year 2020 should be carried over to the year 2021 to the corresponding line of the new agricultural reserve without being returned to the budgetary lines which cover direct payment interventions under the CAP Strategic Plan. |

Text proposed by the Commission

Amendment

(14)

With a view to ensuring that the amounts for the financing of the CAP comply with the annual ceilings, the financial discipline mechanism by which the level of direct support is adjusted, should be maintained.
  However, the threshold of EUR 2 000 should be abolished. An agricultural reserve should be maintained to support the agricultural sector in the event of market developments or major crises affecting the agricultural production or distribution. Article 12(2)(d) of Regulation (EU, Euratom) [New Financial Regulation] foresees that non-committed appropriations may be carried over to to the following financial year only. In order to significantly simplify the implementation for beneficiaries and national administrations, a roll-over mechanism should be used, using any unused amounts of the reserve for crises in the agricultural sector established in 2020. For this purpose a derogation from Article 12(2)(d) is necessary, allowing for non-committed appropriations of the agricultural reserve to be carried over without time limitation to finance the agricultural reserve in the following financial year(s). Furthermore, as regards the financial year 2020, a second derogation is necessary as the total unused amount of the reserve available at the end of year 2020 should be carried over to the year 2021 to the corresponding line of the new agricultural reserve without being returned to the budgetary lines which cover direct payment interventions under the CAP Strategic Plan.

| (14) | With a view to ensuring that the amounts for the financing of the CAP comply with the annual ceilings, the financial discipline mechanism by which the level of direct support is adjusted should be maintained. |
| --- | --- |

(14)

With a view to ensuring that the amounts for the financing of the CAP comply with the annual ceilings, the financial discipline mechanism by which the level of direct support is adjusted should be maintained.

Amendment 13

Proposal for a regulation

Recital 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14a) | The existing crisis reserve should be reviewed and strengthened to support the establishment of an EU agricultural crisis reserve, a more effective and flexible tool which should provide supplementary support for the agricultural sector in the event of market developments and enable the Union to better respond to major crises affecting agricultural production or distribution. For that purpose and to allow the development of a sound framework enabling farmers to manage risks appropriately, the EU agricultural crisis reserve appropriations should be mobilised for the financing of the market stabilisation measures and the exceptional measures referred to in Regulation (EU) No 1308/2013, as well as for measures allowing for the substitution of the income stabilisation tools put in place by the Member States under Article 70 of Regulation (EU) ... / ... [CAP Strategic Plan Regulation] and made available to farmers in the event of a sharp decline in agricultural income beyond a threshold per sector predefined by the Commission, in respect of which it should be empowered to adopt delegated acts. |

Text proposed by the Commission

Amendment

(14a)

The existing crisis reserve should be reviewed and strengthened to support the establishment of an EU agricultural crisis reserve, a more effective and flexible tool which should provide supplementary support for the agricultural sector in the event of market developments and enable the Union to better respond to major crises affecting agricultural production or distribution. For that purpose and to allow the development of a sound framework enabling farmers to manage risks appropriately, the EU agricultural crisis reserve appropriations should be mobilised for the financing of the market stabilisation measures and the exceptional measures referred to in Regulation (EU) No 1308/2013, as well as for measures allowing for the substitution of the income stabilisation tools put in place by the Member States under Article 70 of Regulation (EU) ... / ... [CAP Strategic Plan Regulation] and made available to farmers in the event of a sharp decline in agricultural income beyond a threshold per sector predefined by the Commission, in respect of which it should be empowered to adopt delegated acts.

Amendment 14

Proposal for a regulation

Recital 14 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14b) | The EU agricultural crisis reserve should be established in the budget of the CAP and its initial amount should be set up in 2021 as an addition to the EAGF and EAFRD budgets. Point (d) of Article 12(2) of Regulation (EU, Euratom) 2018/1046 provides that non-committed appropriations may be carried over to the following financial year only. For that purpose a derogation from that point is necessary, allowing for non-committed appropriations of the agricultural reserve to be carried over without time limitation to finance the agricultural reserve in the following financial year(s), allowing the accumulation of appropriations for the EU agricultural crisis reserve from one year to the next, throughout the programming period. |

Text proposed by the Commission

Amendment

(14b)

The EU agricultural crisis reserve should be established in the budget of the CAP and its initial amount should be set up in 2021 as an addition to the EAGF and EAFRD budgets. Point (d) of Article 12(2) of Regulation (EU, Euratom) 2018/1046 provides that non-committed appropriations may be carried over to the following financial year only. For that purpose a derogation from that point is necessary, allowing for non-committed appropriations of the agricultural reserve to be carried over without time limitation to finance the agricultural reserve in the following financial year(s), allowing the accumulation of appropriations for the EU agricultural crisis reserve from one year to the next, throughout the programming period.

Amendment 15

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | In order to avoid an excessive administrative burden for national administrations and farmers provision should be made that reimbursement of the amounts carried over from the preceding financial year in relation to financial discipline applied, should not take place either where financial discipline is applied for a second subsequent year (year N+1), or where the overall amount of non-committed appropriations represents less than 0,2  % of the EAGF annual ceiling. |

Text proposed by the Commission

Amendment

(15)

In order to avoid an excessive administrative burden for national administrations and farmers provision should be made that reimbursement of the amounts carried over from the preceding financial year in relation to financial discipline applied, should not take place either where financial discipline is applied for a second subsequent year (year N+1), or where the overall amount of non-committed appropriations represents less than 0,2  % of the EAGF annual ceiling.

| (15) | In order to avoid an excessive administrative burden for national administrations and farmers
  , to simplify procedures as much as possible and limit the complexity of payment forms,
  provision should be made that reimbursement of the amounts carried over from the preceding financial year in relation to financial discipline applied should not take place either where financial discipline is applied for a second subsequent year (year N+1), or where the overall amount of non-committed appropriations represents less than 0,2  % of the EAGF annual ceiling. |
| --- | --- |

(15)

In order to avoid an excessive administrative burden for national administrations and farmers
  , to simplify procedures as much as possible and limit the complexity of payment forms,
  provision should be made that reimbursement of the amounts carried over from the preceding financial year in relation to financial discipline applied should not take place either where financial discipline is applied for a second subsequent year (year N+1), or where the overall amount of non-committed appropriations represents less than 0,2  % of the EAGF annual ceiling.

Amendment 16

Proposal for a regulation

Recital 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16a) | Equalising the level of direct payments among the Member States is essential in order to ensure a level playing field in the internal market. There is an urgent need for a fair distribution of direct payments between Member States. |

Text proposed by the Commission

Amendment

(16a)

Equalising the level of direct payments among the Member States is essential in order to ensure a level playing field in the internal market. There is an urgent need for a fair distribution of direct payments between Member States.

Amendment 17

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | In order to provide the Commission with, in particular, the means to manage agricultural markets, to facilitate the monitoring of agricultural expenditure and to monitor agricultural resources in the medium and long term, the use of the agro-meteorological system and the acquisition and improvement of satellite data should be provided for. |

Text proposed by the Commission

Amendment

(21)

In order to provide the Commission with, in particular, the means to manage agricultural markets, to facilitate the monitoring of agricultural expenditure and to monitor agricultural resources in the medium and long term, the use of the agro-meteorological system and the acquisition and improvement of satellite data should be provided for.

| (21) | In order to provide the Commission with, in particular, the means to manage agricultural markets, to facilitate the monitoring of agricultural expenditure
  , to assess and provide timely aid in the event of natural disasters
  and to monitor agricultural resources
  needed for production
  in the medium and long term, the use of the agro-meteorological system and the acquisition and improvement of satellite data should be provided for. |
| --- | --- |

(21)

In order to provide the Commission with, in particular, the means to manage agricultural markets, to facilitate the monitoring of agricultural expenditure
  , to assess and provide timely aid in the event of natural disasters
  and to monitor agricultural resources
  needed for production
  in the medium and long term, the use of the agro-meteorological system and the acquisition and improvement of satellite data should be provided for.

Amendment 18

Proposal for a regulation

Recital 21 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (21a) | The Commission's monitoring of agricultural markets should be extended to monitoring trade flows to and from developing countries in sectors which have been identified as sensitive by the partner countries, so as to ensure the coherence of CAP-related agro-food sector trade outcomes with the Union’s commitment to Policy Coherence for Development. |

Text proposed by the Commission

Amendment

(21a)

The Commission's monitoring of agricultural markets should be extended to monitoring trade flows to and from developing countries in sectors which have been identified as sensitive by the partner countries, so as to ensure the coherence of CAP-related agro-food sector trade outcomes with the Union’s commitment to Policy Coherence for Development.

Amendment 266

Proposal for a regulation

Recital 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| (25) | In accordance with the architecture and the key characteristics of the
  new
  CAP delivery model the eligibility of payments made by Member States for Union financing should
  no longer
  depend on the legality and regularity of payments to individual beneficiaries.
  Instead
  , as regards types of interventions referred to in Regulation (EU).../...[CAP Strategic Plan Regulation], Member States’ payments should be eligible if they are
  matched by corresponding output and
  in compliance with the applicable
  basic
  Union requirements. |

Text proposed by the Commission

Amendment

(25)

In accordance with the architecture and the key characteristics of the
  new
  CAP delivery model the eligibility of payments made by Member States for Union financing should
  no longer
  depend on the legality and regularity of payments to individual beneficiaries.
  Instead
  , as regards types of interventions referred to in Regulation (EU).../...[CAP Strategic Plan Regulation], Member States’ payments should be eligible if they are
  matched by corresponding output and
  in compliance with the applicable
  basic
  Union requirements.

| (25) | In accordance with the architecture and the key characteristics of the CAP delivery model, the eligibility of payments made by Member States for Union financing should depend on the legality and regularity of payments to individual beneficiaries.
  However
  , as regards types of interventions referred to in Regulation (EU).../...[CAP Strategic Plan Regulation], Member States’ payments should be eligible
  only
  if they are in compliance with the applicable Union requirements
  and if the rules on the applicable governance systems, including the performance reporting obligations of the Member States, are complied with
  .
  The new focus of the CAP on a result-oriented performance model should not remove the obligations of the Member States to check the legality and regularity of expenditure in order to ensure the protection of the financial interests of the Union. |
| --- | --- |

(25)

In accordance with the architecture and the key characteristics of the CAP delivery model, the eligibility of payments made by Member States for Union financing should depend on the legality and regularity of payments to individual beneficiaries.
  However
  , as regards types of interventions referred to in Regulation (EU).../...[CAP Strategic Plan Regulation], Member States’ payments should be eligible
  only
  if they are in compliance with the applicable Union requirements
  and if the rules on the applicable governance systems, including the performance reporting obligations of the Member States, are complied with
  .
  The new focus of the CAP on a result-oriented performance model should not remove the obligations of the Member States to check the legality and regularity of expenditure in order to ensure the protection of the financial interests of the Union.

Amendment 267

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | Member States should send the annual accounts
  and an annual
  performance report on the implementation of the CAP Strategic Plan
  to the Commission by 15 February N+1
  . Where these documents are not sent, thus preventing the Commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure
  against reported outputs
  , the Commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received. |

Text proposed by the Commission

Amendment

(28)

Member States should send the annual accounts
  and an annual
  performance report on the implementation of the CAP Strategic Plan
  to the Commission by 15 February N+1
  . Where these documents are not sent, thus preventing the Commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure
  against reported outputs
  , the Commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received.

| (28) | Member States should send the annual accounts
  , the audit summary and the management declaration to the Commission by 15 February every year. As regards the
  performance report on the implementation of the CAP Strategic Plan
  , the Member States should send their first performance report the second calendar year after the date of application of this Regulation and then every year thereafter. For the purpose of the annual performance monitoring and of the multiannual performance review, the performance report should reflect the operations carried out and the progress made towards the achievement of the objectives as set out in the CAP National Strategic Plan and contain information about realised outputs and realised expenditure every year, information on realised results and distance to respective targets every two years, and, where feasible, reporting on impacts using the data referred to in Article 129 of Regulation (EU) .../... [CAP Strategic Plan Regulation]
  . Where these documents are not sent, thus preventing the Commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure, the Commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received. |
| --- | --- |

(28)

Member States should send the annual accounts
  , the audit summary and the management declaration to the Commission by 15 February every year. As regards the
  performance report on the implementation of the CAP Strategic Plan
  , the Member States should send their first performance report the second calendar year after the date of application of this Regulation and then every year thereafter. For the purpose of the annual performance monitoring and of the multiannual performance review, the performance report should reflect the operations carried out and the progress made towards the achievement of the objectives as set out in the CAP National Strategic Plan and contain information about realised outputs and realised expenditure every year, information on realised results and distance to respective targets every two years, and, where feasible, reporting on impacts using the data referred to in Article 129 of Regulation (EU) .../... [CAP Strategic Plan Regulation]
  . Where these documents are not sent, thus preventing the Commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure, the Commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received.

Amendment 268

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | A new form of payment suspension
  should be introduced for situations of abnormally low outputs. Where the outputs reported are at an abnormally low level in comparison with the declared expenditure, and where Member States cannot provide good and comprehensible reasons for this situation, the Commission should be empowered to
  , in addition to reducing the expenditure for the financial year N-1 suspend future expenditure
  related to the intervention for which the output was abnormally low
  . Such suspensions should be subject to confirmation in the annual performance clearance decision
  . |

Text proposed by the Commission

Amendment

(29)

A new form of payment suspension
  should be introduced for situations of abnormally low outputs. Where the outputs reported are at an abnormally low level in comparison with the declared expenditure, and where Member States cannot provide good and comprehensible reasons for this situation, the Commission should be empowered to
  , in addition to reducing the expenditure for the financial year N-1 suspend future expenditure
  related to the intervention for which the output was abnormally low
  . Such suspensions should be subject to confirmation in the annual performance clearance decision
  .

| (29) | An annual performance monitoring
  should be introduced for situations of abnormally low outputs. Where the outputs reported are at an abnormally low level in comparison with the declared expenditure, and where Member States cannot provide good and comprehensible reasons for this situation, the Commission should be empowered to
  request from the Member State concerned an assessment of the issues affecting the implementation of the CAP Strategic Plan and to devise and implement the additional remedial actions
  related to the intervention for which the output was abnormally low
  for the following financial year
  . |
| --- | --- |

(29)

An annual performance monitoring
  should be introduced for situations of abnormally low outputs. Where the outputs reported are at an abnormally low level in comparison with the declared expenditure, and where Member States cannot provide good and comprehensible reasons for this situation, the Commission should be empowered to
  request from the Member State concerned an assessment of the issues affecting the implementation of the CAP Strategic Plan and to devise and implement the additional remedial actions
  related to the intervention for which the output was abnormally low
  for the following financial year
  .

Amendment 269

Proposal for a regulation

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | As regards the multi-annual
  performance
  monitoring
  the Commission
  should also have the power to suspend payments
  . Accordingly in cases of delayed or insufficient progress towards targets, set out in the national CAP Strategic Plan, the Commission should be empowered to request the Member State concerned to
  take the necessary remedial actions in accordance with
  an action plan to be established in consultation with the Commission
  and containing clear progress indicators, by means of an implementing act
  . Where the Member State fails to submit or to implement the action plan or where the action plan is manifestly insufficient to remedy the situation, the Commission should have the power to suspend the monthly or interim payments, by means of an implementing act. |

Text proposed by the Commission

Amendment

(30)

As regards the multi-annual
  performance
  monitoring
  the Commission
  should also have the power to suspend payments
  . Accordingly in cases of delayed or insufficient progress towards targets, set out in the national CAP Strategic Plan, the Commission should be empowered to request the Member State concerned to
  take the necessary remedial actions in accordance with
  an action plan to be established in consultation with the Commission
  and containing clear progress indicators, by means of an implementing act
  . Where the Member State fails to submit or to implement the action plan or where the action plan is manifestly insufficient to remedy the situation, the Commission should have the power to suspend the monthly or interim payments, by means of an implementing act.

| (30) | Given the necessary transition to a result-oriented
  performance
  model, the performance reporting on the realised results and the distance to respective targets should be submitted for the first time by 15 April of the second calendar year after the date of application of this Regulation and the multiannual performance review should be carried out by
  the Commission
  every two years
  . Accordingly, in cases of delayed or insufficient progress towards targets, set out in the national CAP Strategic Plan,
  and where the Member State cannot provide duly justified reasons,
  the Commission should be empowered to request the Member State concerned to
  present
  an action plan to be established in consultation with the Commission
  . The action plan should describe the necessary remedial actions and the expected timeframe for its execution
  . Where the Member State fails to submit or to implement the action plan or where
  it becomes evident that
  the action plan is manifestly insufficient to remedy the situation, the Commission should have the power to suspend the monthly or interim payments, by means of an implementing act. |
| --- | --- |

(30)

Given the necessary transition to a result-oriented
  performance
  model, the performance reporting on the realised results and the distance to respective targets should be submitted for the first time by 15 April of the second calendar year after the date of application of this Regulation and the multiannual performance review should be carried out by
  the Commission
  every two years
  . Accordingly, in cases of delayed or insufficient progress towards targets, set out in the national CAP Strategic Plan,
  and where the Member State cannot provide duly justified reasons,
  the Commission should be empowered to request the Member State concerned to
  present
  an action plan to be established in consultation with the Commission
  . The action plan should describe the necessary remedial actions and the expected timeframe for its execution
  . Where the Member State fails to submit or to implement the action plan or where
  it becomes evident that
  the action plan is manifestly insufficient to remedy the situation, the Commission should have the power to suspend the monthly or interim payments, by means of an implementing act.

Amendment 270

Proposal for a regulation

Recital 30 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (30a) | Where the situation is not remedied by the end of the sixth month following the decision by the Commission to suspend the payments in the framework of the multiannual performance review, the Commission should be empowered to definitively reduce the amount suspended for the Member State concerned. The amounts definitively reduced shall be reallocated to reward Member States with satisfactory performance in relation to the specific objectives referred to in Article 6(1) of Regulation (EU) .../... [CAP Strategic Plan Regulation]. |

Text proposed by the Commission

Amendment

(30a)

Where the situation is not remedied by the end of the sixth month following the decision by the Commission to suspend the payments in the framework of the multiannual performance review, the Commission should be empowered to definitively reduce the amount suspended for the Member State concerned. The amounts definitively reduced shall be reallocated to reward Member States with satisfactory performance in relation to the specific objectives referred to in Article 6(1) of Regulation (EU) .../... [CAP Strategic Plan Regulation].

Amendment 23

Proposal for a regulation

Recital 39

| Text proposed by the Commission | Amendment |
| --- | --- |
| (39) | In order to establish the financial relationship between the accredited paying agencies and the Union's budget, the Commission should clear the accounts of the paying agencies annually, in the framework of the annual
  financial
  clearance. The decision relating to the clearance of accounts should be limited to the completeness, accuracy and veracity of the accounts and should not cover the conformity of the expenditure with Union law. |

Text proposed by the Commission

Amendment

(39)

In order to establish the financial relationship between the accredited paying agencies and the Union's budget, the Commission should clear the accounts of the paying agencies annually, in the framework of the annual
  financial
  clearance. The decision relating to the clearance of accounts should be limited to the completeness, accuracy and veracity of the accounts and should not cover the conformity of the expenditure with Union law.

| (39) | In order to establish the financial relationship between the accredited paying agencies and the Union's budget, the Commission should clear the accounts of the paying agencies annually, in the framework of the annual clearance. The decision relating to the clearance of accounts should be limited to the completeness, accuracy and veracity of the accounts and should not cover the conformity of the expenditure with Union law. |
| --- | --- |

(39)

In order to establish the financial relationship between the accredited paying agencies and the Union's budget, the Commission should clear the accounts of the paying agencies annually, in the framework of the annual clearance. The decision relating to the clearance of accounts should be limited to the completeness, accuracy and veracity of the accounts and should not cover the conformity of the expenditure with Union law.

Amendment 271

Proposal for a regulation

Recital 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| (40) | In line with the new delivery model, an annual performance clearance should be established in order to check the eligibility of the expenditure in relation to the reported outputs. In order to tackle situations where the expenditure declared does not have corresponding reported outputs and the Member States cannot provide justifications for this deviation, a mechanism of reduction of payments should be put in place. |

Text proposed by the Commission

Amendment

(40)

In line with the new delivery model, an annual performance clearance should be established in order to check the eligibility of the expenditure in relation to the reported outputs. In order to tackle situations where the expenditure declared does not have corresponding reported outputs and the Member States cannot provide justifications for this deviation, a mechanism of reduction of payments should be put in place.

deleted

Amendment 25

Proposal for a regulation

Recital 42

| Text proposed by the Commission | Amendment |
| --- | --- |
| (42) | In order
  to
  to safeguard the financial interests of the Union's budget, systems should be put in place by Member States in order to satisfy themselves that interventions financed by the Funds are actually carried out and are executed correctly, while maintaining the current robust framework for sound financial management. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 (15) of the European Parliament and of the Council, Council Regulation (Euratom
  , EC
  ) No 2988/95 (16), Council Regulation (Euratom, EC) No 2185/96 (17) and Council Regulation (EU) 2017/1939 (18), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities including fraud, the recovery of Funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. Moreover, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 (19) of the European Parliament and of the Council. In accordance with the Financial Regulation, any person or entity receiving Union Funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union Funds grant equivalent rights. Member States should have the systems in place allowing them to report to the Commission, for the purpose of enabling OLAF to exercise its powers and ensure an efficient analysis of cases of irregularity, on detected irregularities and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, including fraud and on their follow-up as well as on the follow-up of OLAF investigations. To ensure the effective examination of complaints concerning the Funds, Member States should have in place the necessary arrangements. |

Text proposed by the Commission

Amendment

(42)

In order
  to
  to safeguard the financial interests of the Union's budget, systems should be put in place by Member States in order to satisfy themselves that interventions financed by the Funds are actually carried out and are executed correctly, while maintaining the current robust framework for sound financial management. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 (15) of the European Parliament and of the Council, Council Regulation (Euratom
  , EC
  ) No 2988/95 (16), Council Regulation (Euratom, EC) No 2185/96 (17) and Council Regulation (EU) 2017/1939 (18), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities including fraud, the recovery of Funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. Moreover, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 (19) of the European Parliament and of the Council. In accordance with the Financial Regulation, any person or entity receiving Union Funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union Funds grant equivalent rights. Member States should have the systems in place allowing them to report to the Commission, for the purpose of enabling OLAF to exercise its powers and ensure an efficient analysis of cases of irregularity, on detected irregularities and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, including fraud and on their follow-up as well as on the follow-up of OLAF investigations. To ensure the effective examination of complaints concerning the Funds, Member States should have in place the necessary arrangements.

| (42) | In order to safeguard the financial interests of the Union's budget, systems should be put in place by Member States in order to satisfy themselves that interventions financed by the Funds are actually carried out and are executed correctly, while maintaining the current robust framework for sound financial management. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 (15) of the European Parliament and of the Council, Council Regulation (
  EC,
  Euratom) No 2988/95 (16)

  and
  Council Regulation (Euratom, EC) No 2185/96 (17), and Council Regulation (EU) 2017/1939 (18), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities including fraud, the recovery of Funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. Moreover, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 (19) of the European Parliament and of the Council. In accordance with the Financial Regulation, any person or entity receiving Union Funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union Funds grant equivalent rights. Member States should have the systems in place allowing them to report to the Commission, for the purpose of enabling OLAF to exercise its powers and ensure an efficient analysis of cases of irregularity, on detected irregularities and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, including fraud and on their follow-up as well as on the follow-up of OLAF investigations. To ensure the effective examination of complaints concerning the Funds, Member States should have in place the necessary arrangements. |
| --- | --- |

(42)

In order to safeguard the financial interests of the Union's budget, systems should be put in place by Member States in order to satisfy themselves that interventions financed by the Funds are actually carried out and are executed correctly, while maintaining the current robust framework for sound financial management. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 (15) of the European Parliament and of the Council, Council Regulation (
  EC,
  Euratom) No 2988/95 (16)

  and
  Council Regulation (Euratom, EC) No 2185/96 (17), and Council Regulation (EU) 2017/1939 (18), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities including fraud, the recovery of Funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. Moreover, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 (19) of the European Parliament and of the Council. In accordance with the Financial Regulation, any person or entity receiving Union Funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union Funds grant equivalent rights. Member States should have the systems in place allowing them to report to the Commission, for the purpose of enabling OLAF to exercise its powers and ensure an efficient analysis of cases of irregularity, on detected irregularities and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, including fraud and on their follow-up as well as on the follow-up of OLAF investigations. To ensure the effective examination of complaints concerning the Funds, Member States should have in place the necessary arrangements.

Amendment 26

Proposal for a regulation

Recital 46 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (46a) | To ensure a level playing field between beneficiaries in different Member States, certain general rules should be introduced on controls and penalties at Union level. |

Text proposed by the Commission

Amendment

(46a)

To ensure a level playing field between beneficiaries in different Member States, certain general rules should be introduced on controls and penalties at Union level.

Amendment 215

Proposal for a regulation

Recital 46 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (46b) | In order to ensure greater accountability and transparency concerning support from the EAFRD and EAGF, additional information on ownership structures should be collected by Member States through the Integrated Administration and Control System. To facilitate the monitoring of land concentration and of ownership structures and the investigation of potential conflicts of interest, corruption, and fraudulent behaviour, beneficiaries should, where applicable, indicate the identity of their parent undertaking or undertakings. Applicants should be facilitated to minimise administrative burden, e.g. by pre-filled application forms and access to appropriate data. |

Text proposed by the Commission

Amendment

(46b)

In order to ensure greater accountability and transparency concerning support from the EAFRD and EAGF, additional information on ownership structures should be collected by Member States through the Integrated Administration and Control System. To facilitate the monitoring of land concentration and of ownership structures and the investigation of potential conflicts of interest, corruption, and fraudulent behaviour, beneficiaries should, where applicable, indicate the identity of their parent undertaking or undertakings. Applicants should be facilitated to minimise administrative burden, e.g. by pre-filled application forms and access to appropriate data.

Amendment 27

Proposal for a regulation

Recital 47

| Text proposed by the Commission | Amendment |
| --- | --- |
| (47) | The existing main elements of the integrated system and, in particular, the provisions concerning a system for identifying agricultural parcels, a geo-spatial and an animal-based application system, a system for identifying and registering payment entitlements, a system for recording the identity of beneficiaries and a control and penalties system should be maintained. Member States should continue to use data or information products provided by the Copernicus programme, in addition to information technologies such as GALILEO and EGNOS in order to ensure that comprehensive and comparable data is available throughout the Union for the purposes of monitoring agri-environment-climate policy and for the purposes of boosting the use of full, free and open data and information captured by Copernicus Sentinels satellites and services. To this end, the integrated system should include also an area monitoring system. |

Text proposed by the Commission

Amendment

(47)

The existing main elements of the integrated system and, in particular, the provisions concerning a system for identifying agricultural parcels, a geo-spatial and an animal-based application system, a system for identifying and registering payment entitlements, a system for recording the identity of beneficiaries and a control and penalties system should be maintained. Member States should continue to use data or information products provided by the Copernicus programme, in addition to information technologies such as GALILEO and EGNOS in order to ensure that comprehensive and comparable data is available throughout the Union for the purposes of monitoring agri-environment-climate policy and for the purposes of boosting the use of full, free and open data and information captured by Copernicus Sentinels satellites and services. To this end, the integrated system should include also an area monitoring system.

| (47) | The existing main elements of the integrated
  system including the early warning
  system and, in particular, the provisions concerning a system for identifying agricultural parcels, a geo-spatial and an animal-based application system, a system for identifying and registering payment entitlements, a system for recording the identity of beneficiaries and a control and penalties system should be maintained
  , at an appropriate level, while taking due account of proportionality and the need not to impose undue administrative burdens on farmers and administrative bodies
  . Member States should continue to use data or information products provided by the Copernicus programme, in addition to information technologies such as GALILEO and EGNOS in order to ensure that comprehensive and comparable data is available throughout the Union for the purposes of monitoring agri-environment-climate policy and for the purposes of boosting the use of full, free and open data and information captured by Copernicus Sentinels satellites and services. To this end, the integrated system should include also an area monitoring system
  , which may limit the instances where on farm inspections are required and reduce the administrative burden on farmers
  . |
| --- | --- |

(47)

The existing main elements of the integrated
  system including the early warning
  system and, in particular, the provisions concerning a system for identifying agricultural parcels, a geo-spatial and an animal-based application system, a system for identifying and registering payment entitlements, a system for recording the identity of beneficiaries and a control and penalties system should be maintained
  , at an appropriate level, while taking due account of proportionality and the need not to impose undue administrative burdens on farmers and administrative bodies
  . Member States should continue to use data or information products provided by the Copernicus programme, in addition to information technologies such as GALILEO and EGNOS in order to ensure that comprehensive and comparable data is available throughout the Union for the purposes of monitoring agri-environment-climate policy and for the purposes of boosting the use of full, free and open data and information captured by Copernicus Sentinels satellites and services. To this end, the integrated system should include also an area monitoring system
  , which may limit the instances where on farm inspections are required and reduce the administrative burden on farmers
  .

Amendment 28

Proposal for a regulation

Recital 48

| Text proposed by the Commission | Amendment |
| --- | --- |
| (48) | The integrated system, as part of the governance systems which should be in place in order to implement the CAP, should ensure that the aggregate data provided in the
  annual performance
  reporting is reliable and verifiable. Given the importance of a properly functioning integrated system, it is necessary to set quality requirements. Member States should carry out an annual quality assessment of the identification system for agricultural parcels, of the geo-spatial application system and of the area monitoring system. Member States should also address any deficiencies and, if so requested by the Commission, set up an action plan. |

Text proposed by the Commission

Amendment

(48)

The integrated system, as part of the governance systems which should be in place in order to implement the CAP, should ensure that the aggregate data provided in the
  annual performance
  reporting is reliable and verifiable. Given the importance of a properly functioning integrated system, it is necessary to set quality requirements. Member States should carry out an annual quality assessment of the identification system for agricultural parcels, of the geo-spatial application system and of the area monitoring system. Member States should also address any deficiencies and, if so requested by the Commission, set up an action plan.

| (48) | The integrated system, as part of the governance systems which should be in place in order to implement the CAP, should ensure that the aggregate data provided in the reporting is reliable and verifiable. Given the importance of a properly functioning integrated system, it is necessary to set quality requirements. Member States should carry out an annual quality assessment of the identification system for agricultural parcels, of the geo-spatial application system and of the area monitoring system. Member States should also address any deficiencies and, if so requested by the Commission, set up an action plan. |
| --- | --- |

(48)

The integrated system, as part of the governance systems which should be in place in order to implement the CAP, should ensure that the aggregate data provided in the reporting is reliable and verifiable. Given the importance of a properly functioning integrated system, it is necessary to set quality requirements. Member States should carry out an annual quality assessment of the identification system for agricultural parcels, of the geo-spatial application system and of the area monitoring system. Member States should also address any deficiencies and, if so requested by the Commission, set up an action plan.

Amendment 299

Proposal for a regulation

Recital 49

| Text proposed by the Commission | Amendment |
| --- | --- |
| (49) | The
  Communication
  from the Commission on ‘The future of food and farming’ set out the bolstering of environmental care and climate action and the contributing to the achievement of Union environmental and climate objectives as a strategic orientation of the future CAP. Hence, sharing Land Parcel Identification System and other Integrated Administration and Control System data has become necessary for environmental and climate purposes at national and Union level. Provision should therefore be made for sharing the data collected through the integrated system, which is relevant for environmental and climate purposes, between Member States' public authorities and with the Union institutions and bodies. In order to increase efficiency in using data available to different public authorities for the production of European statistic, it should also be provided that data from the integrated system has to be made available for statistical purposes to bodies which are part of the European Statistical System. |

Text proposed by the Commission

Amendment

(49)

The
  Communication
  from the Commission on ‘The future of food and farming’ set out the bolstering of environmental care and climate action and the contributing to the achievement of Union environmental and climate objectives as a strategic orientation of the future CAP. Hence, sharing Land Parcel Identification System and other Integrated Administration and Control System data has become necessary for environmental and climate purposes at national and Union level. Provision should therefore be made for sharing the data collected through the integrated system, which is relevant for environmental and climate purposes, between Member States' public authorities and with the Union institutions and bodies. In order to increase efficiency in using data available to different public authorities for the production of European statistic, it should also be provided that data from the integrated system has to be made available for statistical purposes to bodies which are part of the European Statistical System.

| (49) | The
  Communications
  from the Commission on ‘The future of food and farming’
  , the ‘European Green Deal’, the ‘Farm to Fork Strategy — for a fair, healthy and environmentally-friendly food system’ and the ‘EU Biodiversity Strategy for 2030’
  set out the bolstering of environmental care and climate action and the contributing to the achievement of Union environmental and climate objectives
  and targets
  as a strategic orientation of the future CAP. Hence, sharing Land Parcel Identification System and other Integrated Administration and Control System data has become necessary for environmental and climate purposes at national and Union level. Provision should therefore be made for sharing the data collected through the integrated system, which is relevant for environmental and climate purposes, between Member States' public authorities and with the Union institutions and bodies. In order to increase efficiency in using data available to different public authorities for the production of European statistic, it should also be provided that data from the integrated system has to be made available for statistical purposes to bodies which are part of the European Statistical System. |
| --- | --- |

(49)

The
  Communications
  from the Commission on ‘The future of food and farming’
  , the ‘European Green Deal’, the ‘Farm to Fork Strategy — for a fair, healthy and environmentally-friendly food system’ and the ‘EU Biodiversity Strategy for 2030’
  set out the bolstering of environmental care and climate action and the contributing to the achievement of Union environmental and climate objectives
  and targets
  as a strategic orientation of the future CAP. Hence, sharing Land Parcel Identification System and other Integrated Administration and Control System data has become necessary for environmental and climate purposes at national and Union level. Provision should therefore be made for sharing the data collected through the integrated system, which is relevant for environmental and climate purposes, between Member States' public authorities and with the Union institutions and bodies. In order to increase efficiency in using data available to different public authorities for the production of European statistic, it should also be provided that data from the integrated system has to be made available for statistical purposes to bodies which are part of the European Statistical System.

Amendments 209 and 285

Proposal for a regulation

Recital 49 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (49a) | The Commission Communication of 20 May 2020 entitled ‘A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’ calls on the importance of ensuring that the key principles enshrined in the European Pillar of Social Rights (EPSR) are respected. The considerations of workers’ social protection, working and housing conditions as well as protection of health and safety will play a major role in building fair, strong and sustainable food systems. The CAP should be one of the tools to pursue the objectives of the EPSR. |

Text proposed by the Commission

Amendment

(49a)

The Commission Communication of 20 May 2020 entitled ‘A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’ calls on the importance of ensuring that the key principles enshrined in the European Pillar of Social Rights (EPSR) are respected. The considerations of workers’ social protection, working and housing conditions as well as protection of health and safety will play a major role in building fair, strong and sustainable food systems. The CAP should be one of the tools to pursue the objectives of the EPSR.

Amendment 29

Proposal for a regulation

Recital 53

| Text proposed by the Commission | Amendment |
| --- | --- |
| (53) | Having regard to the international structure of agricultural trade and in the interest of the proper functioning of the internal market, it is necessary to organise cooperation among the Member States. It is also necessary to set up a centralised documentation system at Union level concerning undertakings established in third countries and which receive or make payments. |

Text proposed by the Commission

Amendment

(53)

Having regard to the international structure of agricultural trade and in the interest of the proper functioning of the internal market, it is necessary to organise cooperation among the Member States. It is also necessary to set up a centralised documentation system at Union level concerning undertakings established in third countries and which receive or make payments.

| (53) | Having regard to the international structure of agricultural trade and in the interest of the proper functioning of the internal market
  and respect for the Union’s Policy Coherence for Development obligations
  , it is necessary to organise cooperation among the Member States
  and between Member States and third countries
  . It is also necessary to set up a centralised documentation system at Union level concerning undertakings established in third countries and which receive or make payments.
  Such a system should also contribute to the identification of incoherencies between the implementation of the CAP and the objectives of the external policies of the Union. It would contribute to monitoring the achievement of the CAP objectives as outlined in Regulation (EU) No.../... [CAP Strategic Plan Regulation], by allowing for the evaluation of the impact of undertakings established in third countries on the 2030 Agenda for Sustainable Development, and the Union’s development objectives, as provided for in Article 208 TFEU. |
| --- | --- |

(53)

Having regard to the international structure of agricultural trade and in the interest of the proper functioning of the internal market
  and respect for the Union’s Policy Coherence for Development obligations
  , it is necessary to organise cooperation among the Member States
  and between Member States and third countries
  . It is also necessary to set up a centralised documentation system at Union level concerning undertakings established in third countries and which receive or make payments.
  Such a system should also contribute to the identification of incoherencies between the implementation of the CAP and the objectives of the external policies of the Union. It would contribute to monitoring the achievement of the CAP objectives as outlined in Regulation (EU) No.../... [CAP Strategic Plan Regulation], by allowing for the evaluation of the impact of undertakings established in third countries on the 2030 Agenda for Sustainable Development, and the Union’s development objectives, as provided for in Article 208 TFEU.

Amendments 210 and 286

Proposal for a regulation

Recital 55

| Text proposed by the Commission | Amendment |
| --- | --- |
| (55) | Conditionality is an important element of the CAP, in particular with regard to its environmental and climate elements but also concerning public health and animal
  related issues
  . This implies that controls should be carried out and, where necessary, penalties should be applied to ensure the effectiveness of the conditionality system. To
  have
  a level playing field between beneficiaries in different Member States, certain general rules on conditionality controls and penalties should be introduced at Union level. |

Text proposed by the Commission

Amendment

(55)

Conditionality is an important element of the CAP, in particular with regard to its environmental and climate elements but also concerning public health and animal
  related issues
  . This implies that controls should be carried out and, where necessary, penalties should be applied to ensure the effectiveness of the conditionality system. To
  have
  a level playing field between beneficiaries in different Member States, certain general rules on conditionality controls and penalties should be introduced at Union level.

| (55) | Conditionality is an important element of the CAP,
  which ensures that payments promote a high degree of sustainability and ensure a level playing field for farmers within and between Member States,
  in particular with regard to its
  social,
  environmental and climate elements but also concerning public health and animal
  welfare
  . This implies that controls should be carried out and, where necessary, penalties should be applied to ensure the effectiveness of the conditionality system. To
  ensure such
  a level playing field between beneficiaries in different Member States, certain general rules on conditionality
  , and
  controls and penalties
  related to non-compliance
  should be introduced at Union level. |
| --- | --- |

(55)

Conditionality is an important element of the CAP,
  which ensures that payments promote a high degree of sustainability and ensure a level playing field for farmers within and between Member States,
  in particular with regard to its
  social,
  environmental and climate elements but also concerning public health and animal
  welfare
  . This implies that controls should be carried out and, where necessary, penalties should be applied to ensure the effectiveness of the conditionality system. To
  ensure such
  a level playing field between beneficiaries in different Member States, certain general rules on conditionality
  , and
  controls and penalties
  related to non-compliance
  should be introduced at Union level.

Amendment 31

Proposal for a regulation

Recital 57

| Text proposed by the Commission | Amendment |
| --- | --- |
| (57) | While Member States should be allowed to set out the details on penalties, those penalties should be proportionate, effective and dissuasive and should be without prejudice to other penalties laid down under Union or national law. To ensure an effective and coherent approach by Member States, it is necessary to provide for
  a
  minimum penalty
  rate
  at Union level
  for
  non-compliance occurring for the first time due to negligence, while reoccurrence should lead to a higher percentage and intentionality
  may
  result in
  the
  total exclusion from the payment. To ensure proportionality of the penalties, where the non-compliance is of a minor nature and occurs for the first time, Member States should
  be allowed to
  introduce an early warning system. |

Text proposed by the Commission

Amendment

(57)

While Member States should be allowed to set out the details on penalties, those penalties should be proportionate, effective and dissuasive and should be without prejudice to other penalties laid down under Union or national law. To ensure an effective and coherent approach by Member States, it is necessary to provide for
  a
  minimum penalty
  rate
  at Union level
  for
  non-compliance occurring for the first time due to negligence, while reoccurrence should lead to a higher percentage and intentionality
  may
  result in
  the
  total exclusion from the payment. To ensure proportionality of the penalties, where the non-compliance is of a minor nature and occurs for the first time, Member States should
  be allowed to
  introduce an early warning system.

| (57) | While Member States should be allowed to set out the details on penalties, those penalties should be proportionate, effective and dissuasive and should be without prejudice to other penalties laid down under Union or national law. To ensure an effective and coherent approach by Member States, it is necessary to provide for minimum penalty
  rates
  at Union level
  . Such rates should apply to cases of
  non-compliance occurring for the first time due to negligence, while reoccurrence should lead to a higher percentage and intentionality
  should potentially
  result in total exclusion from the payment. To ensure
  the
  proportionality of the penalties, where the non-compliance is of a minor nature and occurs for the first time, Member States should introduce an early warning system
  , notifying the beneficiary of the obligation to take corrective measures and allowing them to remedy the non-compliance
  .
  No administrative penalties should be imposed in the cases of non-compliance due to force majeure, simple negligence or due to obvious errors recognised by the competent authority or another authority. |
| --- | --- |

(57)

While Member States should be allowed to set out the details on penalties, those penalties should be proportionate, effective and dissuasive and should be without prejudice to other penalties laid down under Union or national law. To ensure an effective and coherent approach by Member States, it is necessary to provide for minimum penalty
  rates
  at Union level
  . Such rates should apply to cases of
  non-compliance occurring for the first time due to negligence, while reoccurrence should lead to a higher percentage and intentionality
  should potentially
  result in total exclusion from the payment. To ensure
  the
  proportionality of the penalties, where the non-compliance is of a minor nature and occurs for the first time, Member States should introduce an early warning system
  , notifying the beneficiary of the obligation to take corrective measures and allowing them to remedy the non-compliance
  .
  No administrative penalties should be imposed in the cases of non-compliance due to force majeure, simple negligence or due to obvious errors recognised by the competent authority or another authority.

Amendment 216

Proposal for a regulation

Recital 66 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (66a) | Following demands by the European Parliament

   (1a)

  for greater transparency on distribution of farmland and land concentration which impacts an access to land for farmers, and opinions of the European Ombudsman

   (1b)

  and Court of Auditors on the need to shed more light on ownership structures linked to CAP beneficiaries in the context of possible fraud and misuse of Union funds, and given that the statistics available

   (1c)

  provide a limited picture of the ownership and control of farms, and in order to facilitate monitoring by public authorities of land-grabbing and land concentration and to ensure greater accountability and transparency concerning support from the EAFRD and EAGF, information on ownership structures should therefore also be made available to the public. The list of beneficiaries of CAP funds, published ex-post by Member State, should, where applicable, also allow for the identification of parent undertakings. This would significantly contribute to the monitoring of ownership structures and facilitate the investigation of potential conflicts of interest, corruption, and fraudulent behaviour. |

Text proposed by the Commission

Amendment

(66a)

Following demands by the European Parliament

   (1a)

  for greater transparency on distribution of farmland and land concentration which impacts an access to land for farmers, and opinions of the European Ombudsman

   (1b)

  and Court of Auditors on the need to shed more light on ownership structures linked to CAP beneficiaries in the context of possible fraud and misuse of Union funds, and given that the statistics available

   (1c)

  provide a limited picture of the ownership and control of farms, and in order to facilitate monitoring by public authorities of land-grabbing and land concentration and to ensure greater accountability and transparency concerning support from the EAFRD and EAGF, information on ownership structures should therefore also be made available to the public. The list of beneficiaries of CAP funds, published ex-post by Member State, should, where applicable, also allow for the identification of parent undertakings. This would significantly contribute to the monitoring of ownership structures and facilitate the investigation of potential conflicts of interest, corruption, and fraudulent behaviour.

Amendment 32

Proposal for a regulation

Recital 71

| Text proposed by the Commission | Amendment |
| --- | --- |
| (71) | Publishing such information together with the general information provided for in this Regulation, enhances transparency regarding the use of Union Funds in the CAP, thus contributing to the visibility and better understanding of that policy. It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy, and is more effective and is more accountable to the citizen. It also brings concrete examples of the provision of ‘public goods’ by farming to the attention of citizens, thereby underpinning the legitimacy of state support for the agricultural sector. |

Text proposed by the Commission

Amendment

(71)

Publishing such information together with the general information provided for in this Regulation, enhances transparency regarding the use of Union Funds in the CAP, thus contributing to the visibility and better understanding of that policy. It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy, and is more effective and is more accountable to the citizen. It also brings concrete examples of the provision of ‘public goods’ by farming to the attention of citizens, thereby underpinning the legitimacy of state support for the agricultural sector.

| (71) | Publishing such information together with the general information provided for in this Regulation, enhances transparency regarding the use of Union Funds in the CAP, thus contributing to the visibility and better understanding of that policy. It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy, and is more effective and is more accountable to the citizen. It also brings concrete examples of the provision of ‘public goods’ by farming to the attention of citizens, thereby underpinning the legitimacy of
  Union and
  state support for the agricultural sector. |
| --- | --- |

(71)

Publishing such information together with the general information provided for in this Regulation, enhances transparency regarding the use of Union Funds in the CAP, thus contributing to the visibility and better understanding of that policy. It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy, and is more effective and is more accountable to the citizen. It also brings concrete examples of the provision of ‘public goods’ by farming to the attention of citizens, thereby underpinning the legitimacy of
  Union and
  state support for the agricultural sector.

Amendment 272

Proposal for a regulation

Article 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the purposes of this Regulation, the following definitions apply: | For the purposes of this Regulation, the following definitions apply: |
| (a) | ‘irregularity’ means an irregularity within the meaning of Article 1(2) of Regulation (EC, Euratom) No 2988/95; |

Text proposed by the Commission

Amendment

For the purposes of this Regulation, the following definitions apply:

For the purposes of this Regulation, the following definitions apply:

(a)

‘irregularity’ means an irregularity within the meaning of Article 1(2) of Regulation (EC, Euratom) No 2988/95;

| (a) | ‘irregularity’ means an irregularity within the meaning of Article 1(2) of Regulation (EC, Euratom) No 2988/95; |
| --- | --- |

(a)

‘irregularity’ means an irregularity within the meaning of Article 1(2) of Regulation (EC, Euratom) No 2988/95;

| (b) | ‘governance systems’ means the governance bodies referred to in Chapter II of Title II of this Regulation and the basic Union requirements laid down in this Regulation and Regulation (EU) .../... [CAP Strategic Plan Regulation], including the reporting system put in place for the purposes of the annual performance
  report
  referred to in Article 121 of Regulation (EU) .../... [CAP Strategic Plan Regulation]; |
| --- | --- |

(b)

‘governance systems’ means the governance bodies referred to in Chapter II of Title II of this Regulation and the basic Union requirements laid down in this Regulation and Regulation (EU) .../... [CAP Strategic Plan Regulation], including the reporting system put in place for the purposes of the annual performance
  report
  referred to in Article 121 of Regulation (EU) .../... [CAP Strategic Plan Regulation];

| (b) | ‘governance systems’ means the governance bodies referred to in Chapter II of Title II of this Regulation and the basic Union requirements laid down in this Regulation and Regulation (EU) .../... [CAP Strategic Plan Regulation], including
  Member States’ obligations with regard to the effective protection of the financial interests of the Union referred to in Article 57 of this Regulation and
  the reporting system put in place for the purposes of the annual performance
  monitoring referred to in Article 38a of this Regulation and the multiannual performance review
  referred to in Article 121 of Regulation (EU) .../... [CAP Strategic Plan Regulation]; |
| --- | --- |

(b)

‘governance systems’ means the governance bodies referred to in Chapter II of Title II of this Regulation and the basic Union requirements laid down in this Regulation and Regulation (EU) .../... [CAP Strategic Plan Regulation], including
  Member States’ obligations with regard to the effective protection of the financial interests of the Union referred to in Article 57 of this Regulation and
  the reporting system put in place for the purposes of the annual performance
  monitoring referred to in Article 38a of this Regulation and the multiannual performance review
  referred to in Article 121 of Regulation (EU) .../... [CAP Strategic Plan Regulation];

| (c) | ‘basic Union requirements’ means the requirements laid down in Regulation (EU) .../... [CAP Strategic Plan Regulation] and in this Regulation. |
| --- | --- |

(c)

‘basic Union requirements’ means the requirements laid down in Regulation (EU) .../... [CAP Strategic Plan Regulation] and in this Regulation.

| (c) | ‘basic Union requirements’ means the requirements laid down in Regulation (EU) .../... [CAP Strategic Plan Regulation] and in this Regulation
  , in Regulation (EU) 2018/1046 (Financial Regulation) and in Directive 2014/24/EU (Public Procurement Directive); |
| --- | --- |

(c)

‘basic Union requirements’ means the requirements laid down in Regulation (EU) .../... [CAP Strategic Plan Regulation] and in this Regulation
  , in Regulation (EU) 2018/1046 (Financial Regulation) and in Directive 2014/24/EU (Public Procurement Directive);

| (ca) | ‘Union requirements’ means the basic Union requirements and the eligibility rules stemming from Regulation (EU) .../... [CAP Strategic Plan Regulation] contained in the CAP strategic plan of the Member State; |
| --- | --- |

(ca)

‘Union requirements’ means the basic Union requirements and the eligibility rules stemming from Regulation (EU) .../... [CAP Strategic Plan Regulation] contained in the CAP strategic plan of the Member State;

| (cb) | ‘output indicator’ means output indicator as defined in point 12 of Article 2 of Regulation (EU) .../...[CPR Regulation]; |
| --- | --- |

(cb)

‘output indicator’ means output indicator as defined in point 12 of Article 2 of Regulation (EU) .../...[CPR Regulation];

| (cc) | ‘result indicator’ means result indicator as defined in point 13 of Article 2 of Regulation (EU) .../...[CPR Regulation]; |
| --- | --- |

(cc)

‘result indicator’ means result indicator as defined in point 13 of Article 2 of Regulation (EU) .../...[CPR Regulation];

| (cd) | ‘serious deficiency’ means serious deficiency as defined in point 30 of Article 2 of Regulation (EU) .../...[CPR Regulation]; |
| --- | --- |

(cd)

‘serious deficiency’ means serious deficiency as defined in point 30 of Article 2 of Regulation (EU) .../...[CPR Regulation];

| (ce) | ‘intermediate body’ means intermediate body as defined in point 7 of Article 2 of Regulation (EU) .../...[CPR Regulation]; |
| --- | --- |

(ce)

‘intermediate body’ means intermediate body as defined in point 7 of Article 2 of Regulation (EU) .../...[CPR Regulation];

| (cf) | ‘action plan’ means action plan as referred to in Article 39(1) and Article 40(1) of this Regulation. |
| --- | --- |

(cf)

‘action plan’ means action plan as referred to in Article 39(1) and Article 40(1) of this Regulation.

Amendment 39

Proposal for a regulation

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-a) | the death of the beneficiary; |

Text proposed by the Commission

Amendment

(-a)

Amendment 40

Proposal for a regulation

Article 3 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | a
  severe
  natural disaster gravely affecting the holding; |

Text proposed by the Commission

Amendment

(a)

a
  severe
  natural disaster gravely affecting the holding;

| (a) | a natural disaster
  or meteorological event
  gravely affecting the holding; |
| --- | --- |

(a)

a natural disaster
  or meteorological event
  gravely affecting the holding;

Amendment 41

Proposal for a regulation

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | the long-term professional incapacity of beneficiary; |

Text proposed by the Commission

Amendment

(aa)

the long-term professional incapacity of beneficiary;

Amendment 42

Proposal for a regulation

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ab) | market circumstances gravely affecting the holding; |

Text proposed by the Commission

Amendment

(ab)

market circumstances gravely affecting the holding;

Amendment 43

Proposal for a regulation

Article 3 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the
  accidental
  destruction of livestock buildings on the holding; |

Text proposed by the Commission

Amendment

(b)

the
  accidental
  destruction of livestock buildings on the holding;

| (b) | the destruction of livestock buildings on the holding; |
| --- | --- |

(b)

the destruction of livestock buildings on the holding;

Amendment 44

Proposal for a regulation

Article 3 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | an epizootic
  or
  a plant disease affecting part or all of the beneficiary's livestock or crops respectively; |

Text proposed by the Commission

Amendment

(c)

an epizootic
  or
  a plant disease affecting part or all of the beneficiary's livestock or crops respectively;

| (c) | an epizootic, a plant disease
  or a plant pest outbreak
  affecting part or all of the beneficiary's livestock or crops respectively; |
| --- | --- |

(c)

an epizootic, a plant disease
  or a plant pest outbreak
  affecting part or all of the beneficiary's livestock or crops respectively;

Amendment 45

Proposal for a regulation

Article 3 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Member States may apply point (a) of the first paragraph to a group of agricultural holdings affected by the same natural disaster or meteorological event. |

Text proposed by the Commission

Amendment

Member States may apply point (a) of the first paragraph to a group of agricultural holdings affected by the same natural disaster or meteorological event.

Amendment 46

Proposal for a regulation

Article 6 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The EAFRD shall be implemented in shared management between the Member States and the Union. It shall finance the Union's financial contribution to the CAP Strategic Plan rural development interventions referred to in Chapter 4 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation]. | The EAFRD shall be implemented in shared management between the Member States and the Union. It shall finance the Union's financial contribution to the CAP Strategic Plan rural development interventions referred to in Chapter 4 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation]
  and actions under Article 112 of that Regulation
  . |

Text proposed by the Commission

Amendment

The EAFRD shall be implemented in shared management between the Member States and the Union. It shall finance the Union's financial contribution to the CAP Strategic Plan rural development interventions referred to in Chapter 4 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation].

The EAFRD shall be implemented in shared management between the Member States and the Union. It shall finance the Union's financial contribution to the CAP Strategic Plan rural development interventions referred to in Chapter 4 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation]
  and actions under Article 112 of that Regulation
  .

Amendment 47

Proposal for a regulation

Article 7 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Funds may, either on the initiative of the Commission or on its behalf, each directly finance the preparatory, monitoring, administrative and technical support activities, and the evaluation, audit and inspection, required to implement the CAP. In particular, they shall include: | The Funds may, either on the initiative of the Commission or on its behalf, each directly finance the
  increased
  preparatory, monitoring, administrative and technical support activities, and the evaluation, audit and inspection required to implement the CAP.
  The EAFRD contribution referred to in Article 86(3) of Regulation (EU) .../... [CAP Strategic Plan Regulation] shall take into account the increase in administrative capacity building as regards the new governance and control systems in the Member States.
  In particular, they shall include: |

Text proposed by the Commission

Amendment

The Funds may, either on the initiative of the Commission or on its behalf, each directly finance the preparatory, monitoring, administrative and technical support activities, and the evaluation, audit and inspection, required to implement the CAP. In particular, they shall include:

The Funds may, either on the initiative of the Commission or on its behalf, each directly finance the
  increased
  preparatory, monitoring, administrative and technical support activities, and the evaluation, audit and inspection required to implement the CAP.
  The EAFRD contribution referred to in Article 86(3) of Regulation (EU) .../... [CAP Strategic Plan Regulation] shall take into account the increase in administrative capacity building as regards the new governance and control systems in the Member States.
  In particular, they shall include:

Amendment 48

Proposal for a regulation

Article 7 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | studies on the CAP and evaluations of measures financed by the Funds, including improvement of evaluation methods and exchange of information on practices under the CAP, as well as studies carried out with the European Investment Bank (EIB); |

Text proposed by the Commission

Amendment

(f)

studies on the CAP and evaluations of measures financed by the Funds, including improvement of evaluation methods and exchange of information on practices under the CAP, as well as studies carried out with the European Investment Bank (EIB);

| (f) | studies on the CAP and evaluations of measures financed by the Funds, including
  the
  improvement of evaluation methods and
  the
  exchange of information on
  best
  practices under the CAP
  and consultations with the relevant stakeholders
  as well as studies carried out with the European Investment Bank (EIB); |
| --- | --- |

(f)

studies on the CAP and evaluations of measures financed by the Funds, including
  the
  improvement of evaluation methods and
  the
  exchange of information on
  best
  practices under the CAP
  and consultations with the relevant stakeholders
  as well as studies carried out with the European Investment Bank (EIB);

Amendment 49

Proposal for a regulation

Article 7 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | contribution to measures relating to the dissemination of information, raising awareness, promoting cooperation and exchanging experiences at Union level, and taken in the context of rural development interventions, including the networking of the parties concerned; |

Text proposed by the Commission

Amendment

(h)

contribution to measures relating to the dissemination of information, raising awareness, promoting cooperation and exchanging experiences at Union level, and taken in the context of rural development interventions, including the networking of the parties concerned;

| (h) | contribution to measures relating to the dissemination of information, raising awareness, promoting cooperation and exchanging experiences
  with the relevant stakeholders
  at Union level, and taken in the context of rural development interventions, including the networking of the parties concerned; |
| --- | --- |

(h)

contribution to measures relating to the dissemination of information, raising awareness, promoting cooperation and exchanging experiences
  with the relevant stakeholders
  at Union level, and taken in the context of rural development interventions, including the networking of the parties concerned;

Amendment 50

Proposal for a regulation

Article 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 7a |
| | Competent authority |
| | 1.
     
  Member States shall designate an authority at ministerial level responsible for: |
| | (a) | the issuing, reviewing and withdrawing of accreditation of paying agencies referred to in Article 9(2); |

Text proposed by the Commission

Amendment

Article 7a

Competent authority

1.
     
  Member States shall designate an authority at ministerial level responsible for:

(a)

(a)

the issuing, reviewing and withdrawing of accreditation of paying agencies referred to in Article 9(2);

the issuing, reviewing and withdrawing of accreditation of paying agencies referred to in Article 9(2);

| (b) | the issuing, reviewing and withdrawing of the accreditation of the coordinating body referred to in Article 10; |
| --- | --- |

(b)

(b)

the issuing, reviewing and withdrawing of the accreditation of the coordinating body referred to in Article 10;

the issuing, reviewing and withdrawing of the accreditation of the coordinating body referred to in Article 10;

| (c) | the appointment, and revocation thereof, of the certification body referred to in Article 11; |
| --- | --- |

(c)

(c)

the appointment, and revocation thereof, of the certification body referred to in Article 11;

the appointment, and revocation thereof, of the certification body referred to in Article 11;

| (d) | carrying out the tasks assigned to the competent authority under this Chapter taking into account the principle of proportionality. |
| --- | --- |

(d)

(d)

carrying out the tasks assigned to the competent authority under this Chapter taking into account the principle of proportionality.

carrying out the tasks assigned to the competent authority under this Chapter taking into account the principle of proportionality.

2.
     
  On the basis of an examination of the criteria to be adopted by the Commission in accordance with Article 12(1), the competent authority shall, by way of a formal act, decide:

| (a) | on the issuing or, following a review, the withdrawal of the accreditation of the paying agency and the coordinating body; |
| --- | --- |

(a)

(a)

on the issuing or, following a review, the withdrawal of the accreditation of the paying agency and the coordinating body;

on the issuing or, following a review, the withdrawal of the accreditation of the paying agency and the coordinating body;

| (b) | on the appointment, and revocation thereof, of the certification body. |
| --- | --- |

(b)

(b)

on the appointment, and revocation thereof, of the certification body.

on the appointment, and revocation thereof, of the certification body.

The competent authority shall inform the Commission without delay of accreditation or appointment of the paying agencies, coordinating body and certification body, and of the withdrawal or revocation thereof.

The competent authority shall inform the Commission without delay of accreditation or appointment of the paying agencies, coordinating body and certification body, and of the withdrawal or revocation thereof.

The Commission shall promote the exchange of best practices for the operation of governance systems between Member States.

The Commission shall promote the exchange of best practices for the operation of governance systems between Member States.

Amendment 273/rev

Amendment 273/rev

Proposal for a regulation

Proposal for a regulation

Article 8

Article 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| Paying agencies
  and coordinating bodies | Paying agencies |
| 1.   Paying agencies shall be departments or bodies of the Member States responsible for the management and control of expenditure referred in Article 5(2) and Article 6. | 1.   Paying agencies shall be departments or bodies of the Member States
  and, if applicable, of regions
  responsible for the management and control of expenditure referred in Article 5(2) and Article 6. |
| With the exception of making payment, the carrying out of those tasks may be delegated. | With the exception of making payment, the carrying out of those tasks may be delegated. |
| 2.   Member States shall accredit, as paying agencies, departments or bodies which have an administrative organisation and a system of internal control which provide sufficient guarantees that payments are legal, regular and properly accounted for. To this end, paying agencies shall comply with minimum conditions for the accreditation with regard to the internal environment, control activities, information and communication and monitoring laid down by the Commission pursuant to point (a) of Article
  10(1)
  . | 2.   Member States shall accredit, as paying agencies, departments or bodies which have an administrative organisation and a system of internal control which provide sufficient guarantees that payments are legal, regular and properly accounted for. To this end, paying agencies shall comply with minimum conditions for the accreditation with regard to the internal environment, control activities, information and communication and monitoring laid down by the Commission pursuant to point (a) of Article
  12a(1)
  . |
| Each Member State shall restrict the number of its accredited paying agencies as follows: | Each Member State shall
  , taking into account its constitutional provisions,
  restrict the number of its accredited paying agencies as follows: |
| (a) | to a single agency at national level or, where applicable, one per region; and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Paying agencies
  and coordinating bodies

and coordinating bodies

Paying agencies

1.   Paying agencies shall be departments or bodies of the Member States responsible for the management and control of expenditure referred in Article 5(2) and Article 6.

1.   Paying agencies shall be departments or bodies of the Member States
  and, if applicable, of regions
  responsible for the management and control of expenditure referred in Article 5(2) and Article 6.

With the exception of making payment, the carrying out of those tasks may be delegated.

With the exception of making payment, the carrying out of those tasks may be delegated.

2.   Member States shall accredit, as paying agencies, departments or bodies which have an administrative organisation and a system of internal control which provide sufficient guarantees that payments are legal, regular and properly accounted for. To this end, paying agencies shall comply with minimum conditions for the accreditation with regard to the internal environment, control activities, information and communication and monitoring laid down by the Commission pursuant to point (a) of Article
  10(1)
  .

2.   Member States shall accredit, as paying agencies, departments or bodies which have an administrative organisation and a system of internal control which provide sufficient guarantees that payments are legal, regular and properly accounted for. To this end, paying agencies shall comply with minimum conditions for the accreditation with regard to the internal environment, control activities, information and communication and monitoring laid down by the Commission pursuant to point (a) of Article
  12a(1)
  .

Each Member State shall restrict the number of its accredited paying agencies as follows:

Each Member State shall
  , taking into account its constitutional provisions,
  restrict the number of its accredited paying agencies as follows:

, taking into account its constitutional provisions,

(a)

to a single agency at national level or, where applicable, one per region; and

| (a) | to a single agency at national level or, where applicable, one per region; and |
| --- | --- |

(a)

to a single agency at national level or, where applicable, one per region; and

| (b) | to a single agency for the management of both EAGF and EAFRD expenditure. |
| --- | --- |

(b)

to a single agency for the management of both EAGF and EAFRD expenditure.

| (b) | to a single agency for the management of both EAGF and EAFRD expenditure
  , where only an agency at national level exists
  . |
| --- | --- |

(b)

to a single agency for the management of both EAGF and EAFRD expenditure
  , where only an agency at national level exists
  .

, where only an agency at national level exists

However, where paying agencies are established at regional level, Member States shall, in addition, either accredit a paying agency at national level for aid schemes which, by their nature, have to be managed at national level or Member States shall confer the management of these schemes on their regional paying agencies.

However, where paying agencies are established at regional level, Member States shall, in addition, either accredit a paying agency at national level for aid schemes which, by their nature, have to be managed at national level or Member States shall confer the management of these schemes on their regional paying agencies.

The accreditation of paying agencies for the period 2014-2020 shall be carried over to the programming period 2021-2027, provided that they have informed the competent authority that they are in compliance with the accreditation criteria, and unless a review carried out pursuant to point (a) of Article 7a(2) shows that this is not the case.

The accreditation of paying agencies for the period 2014-2020 shall be carried over to the programming period 2021-2027, provided that they have informed the competent authority that they are in compliance with the accreditation criteria, and unless a review carried out pursuant to point (a) of Article 7a(2) shows that this is not the case.

Paying agencies which did not manage EAGF or EAFRD expenditure for at least three years shall have their accreditation withdrawn.

Paying agencies which did not manage EAGF or EAFRD expenditure for at least three years shall have their accreditation withdrawn.

Member States
  shall not
  appoint any
  new
  additional paying
  agency
  after the date of entry into force of this Regulation.

shall not

new

agency

Member States
  may
  appoint any additional paying
  agencies
  after...[the date of entry into force of this Regulation
  ], provided that:

may

agencies

], provided that:

| (a) | the number of accredited paying agencies does not increase in relation to the situation on 31 December 2019; or |
| --- | --- |

(a)

(a)

the number of accredited paying agencies does not increase in relation to the situation on 31 December 2019; or

the number of accredited paying agencies does not increase in relation to the situation on 31 December 2019; or

| (b) | the new paying agencies are appointed pursuant to an administrative reorganisation in the Member State concerned
  . |
| --- | --- |

(b)

(b)

the new paying agencies are appointed pursuant to an administrative reorganisation in the Member State concerned
  .

the new paying agencies are appointed pursuant to an administrative reorganisation in the Member State concerned

3.   For the purposes of Article 63(5) and (6) of Regulation (EU, Euratom)
  2018/... [the new Financial Regulation]
  (‘the Financial Regulation’), the person in charge of the accredited paying agency shall, by 15 February of the year following the financial year concerned, draw up and provide the Commission with the following:

3.   For the purposes of Article 63(5) and (6) of Regulation (EU, Euratom)
  2018/1046
  (‘the Financial Regulation’), the person in charge of the accredited paying agency shall, by 15 February of the year following the financial year concerned, draw up and provide the Commission with the following:

| (a) | the annual accounts for the expenditure incurred in carrying out the tasks entrusted to their accredited paying agency, as provided for in point (a) of Article 63(5) of the Financial Regulation, accompanied by the requisite information for their clearance in accordance with Article 51; |
| --- | --- |

(a)

the annual accounts for the expenditure incurred in carrying out the tasks entrusted to their accredited paying agency, as provided for in point (a) of Article 63(5) of the Financial Regulation, accompanied by the requisite information for their clearance in accordance with Article 51;

| (a) | the annual accounts for the expenditure incurred in carrying out the tasks entrusted to their accredited paying agency, as provided for in point (a) of Article 63(5) of the Financial Regulation, accompanied by the requisite information for their clearance in accordance with Article 51; |
| --- | --- |

(a)

the annual accounts for the expenditure incurred in carrying out the tasks entrusted to their accredited paying agency, as provided for in point (a) of Article 63(5) of the Financial Regulation, accompanied by the requisite information for their clearance in accordance with Article 51;

| (b) | the
  annual
  performance report referred to in Article 52(1) showing that the expenditure was made in accordance with
  Article
  35
  ; |
| --- | --- |

(b)

the
  annual
  performance report referred to in Article 52(1) showing that the expenditure was made in accordance with
  Article
  35
  ;

the

performance report referred to in Article 52(1) showing that the expenditure was made in accordance with

35

| (b) | an
  annual
  summary of the final audit reports and of controls carried out, including their outcome and an analysis of the nature and extent of errors and weaknesses identified in systems by audit and controls, as well as corrective action taken or planned, as provided for in point (b) of
  Article
  63(5) of the Financial Regulation
  ; |
| --- | --- |

(b)

an
  annual
  summary of the final audit reports and of controls carried out, including their outcome and an analysis of the nature and extent of errors and weaknesses identified in systems by audit and controls, as well as corrective action taken or planned, as provided for in point (b) of
  Article
  63(5) of the Financial Regulation
  ;

an

summary of the final audit reports and of controls carried out, including their outcome and an analysis of the nature and extent of errors and weaknesses identified in systems by audit and controls, as well as corrective action taken or planned, as provided for in point (b) of

63(5) of the Financial Regulation

| (c) | a management declaration as provided for in Article 63(6) of the Financial Regulation, as to: |
| --- | --- |

(c)

a management declaration as provided for in Article 63(6) of the Financial Regulation, as to:

| (c) | a management declaration as provided for in Article 63(6) of the Financial Regulation, as to: |
| --- | --- |

(c)

a management declaration as provided for in Article 63(6) of the Financial Regulation, as to:

| | (i) | the fact that the information is properly presented, complete and accurate, as provided for in point (a) of Article 63(6) of the Financial Regulation, |
| --- | --- | --- |

(i)

the fact that the information is properly presented, complete and accurate, as provided for in point (a) of Article 63(6) of the Financial Regulation,

| | (i) | the fact that the information is properly presented, complete and accurate, as provided for in point (a) of Article 63(6) of the Financial Regulation, |
| --- | --- | --- |

(i)

the fact that the information is properly presented, complete and accurate, as provided for in point (a) of Article 63(6) of the Financial Regulation,

| | (ii) | the proper functioning of the
  governance
  systems put in place, which give
  the necessary guarantees concerning the outputs reported in the annual performance report
  , as provided for in points (b) and (c) of Article 63(6) of the Financial Regulation, |
| --- | --- | --- |

(ii)

the proper functioning of the
  governance
  systems put in place, which give
  the necessary guarantees concerning the outputs reported in the annual performance report
  , as provided for in points (b) and (c) of Article 63(6) of the Financial Regulation,

governance

the necessary guarantees concerning the outputs reported in the annual performance report

| | (ii) | the proper functioning of the
  internal control
  systems put in place
  in line with the basic Union requirements
  , which give, as provided for in points (b) and (c) of Article 63(6) of the Financial Regulation,
  the necessary guarantees that the expenditure was made in accordance with Article 35 of this Regulation. |
| --- | --- | --- |

(ii)

the proper functioning of the
  internal control
  systems put in place
  in line with the basic Union requirements
  , which give, as provided for in points (b) and (c) of Article 63(6) of the Financial Regulation,
  the necessary guarantees that the expenditure was made in accordance with Article 35 of this Regulation.

internal control

in line with the basic Union requirements

the necessary guarantees that the expenditure was made in accordance with Article 35 of this Regulation.

| | (iii) | an analysis of the nature and extent of errors and weaknesses identified in systems by audit and controls, as well as corrective action taken or planned, as provided for in point (b) of Article 63(5) of the Financial Regulation. |
| --- | --- | --- |

(iii)

(iii)

an analysis of the nature and extent of errors and weaknesses identified in systems by audit and controls, as well as corrective action taken or planned, as provided for in point (b) of Article 63(5) of the Financial Regulation.

an analysis of the nature and extent of errors and weaknesses identified in systems by audit and controls, as well as corrective action taken or planned, as provided for in point (b) of Article 63(5) of the Financial Regulation.

The deadline of 15 February referred to in the first subparagraph may be exceptionally extended by the Commission to 1 March, upon request by the Member State concerned, as provided for in the second subparagraph Article 63(7) of the Financial Regulation.

The deadline of 15 February referred to in the first subparagraph may be exceptionally extended by the Commission to 1 March, upon request by the Member State concerned, as provided for in the second subparagraph Article 63(7) of the Financial Regulation.

3a.
     
  For the purpose of the annual performance monitoring referred to in Article 38a and the multiannual performance review referred to in Article 121 of Regulation (EU) .../... [CAP Strategic Plan Regulation], the person in charge of the accredited paying agency shall, by 15 February of the year following the financial year concerned, draw up and provide the Commission with the performance report.

The report shall reflect the operations carried out and the progress made towards the achievement of the objectives as set out in the CAP National Strategic Plan and contain information about realised outputs and realised expenditure every year, information on realised results and distance to respective targets every two years, and, where feasible, reporting on impacts using the data referred to in Article 129 of Regulation (EU) .../... [CAP Strategic Plan Regulation].

The report shall reflect the operations carried out and the progress made towards the achievement of the objectives as set out in the CAP National Strategic Plan and contain information about realised outputs and realised expenditure every year, information on realised results and distance to respective targets every two years, and, where feasible, reporting on impacts using the data referred to in Article 129 of Regulation (EU) .../... [CAP Strategic Plan Regulation].

The performance report shall be submitted to the Commission for the first time by ... [two years after the date of application of this Regulation] and then each subsequent year until and including 2030. The first performance report shall cover the first two financial years after ... [year of the date of application of this Regulation]. Of those direct payments referred to in Chapter II of Title III of Regulation (EU) .../... [CAP Strategic Plan Regulation], the performance report shall cover only the financial year ... [year following that of the date of application of this Regulation].

The performance report shall be submitted to the Commission for the first time by ... [two years after the date of application of this Regulation] and then each subsequent year until and including 2030. The first performance report shall cover the first two financial years after ... [year of the date of application of this Regulation]. Of those direct payments referred to in Chapter II of Title III of Regulation (EU) .../... [CAP Strategic Plan Regulation], the performance report shall cover only the financial year ... [year following that of the date of application of this Regulation].

4.
     
  Where more than one paying agency is accredited, Member States shall appoint a public coordinating body, to which it shall assign the following tasks:

| (a) | to collect the information to be provided to the Commission and to send that information to the Commission; |
| --- | --- |

(a)

(a)

to collect the information to be provided to the Commission and to send that information to the Commission;

to collect the information to be provided to the Commission and to send that information to the Commission;

| (b) | to furnish the annual performance report referred to in Article 52(1); |
| --- | --- |

(b)

(b)

to furnish the annual performance report referred to in Article 52(1);

to furnish the annual performance report referred to in Article 52(1);

| (c) | to take or coordinate actions with a view to resolving any deficiencies of a common nature and to keep the Commission informed of any follow-up; |
| --- | --- |

(c)

(c)

to take or coordinate actions with a view to resolving any deficiencies of a common nature and to keep the Commission informed of any follow-up;

to take or coordinate actions with a view to resolving any deficiencies of a common nature and to keep the Commission informed of any follow-up;

| (d) | to promote and ensure harmonised application of Union rules.As regards the processing of the financial information referred to in point (a) of the first subparagraph, the coordinating body shall be subject to specific accreditation by the Member States. |
| --- | --- |

(d)

(d)

to promote and ensure harmonised application of Union rules.As regards the processing of the financial information referred to in point (a) of the first subparagraph, the coordinating body shall be subject to specific accreditation by the Member States.

to promote and ensure harmonised application of Union rules.As regards the processing of the financial information referred to in point (a) of the first subparagraph, the coordinating body shall be subject to specific accreditation by the Member States.

The annual performance report provided by the coordinating body shall be covered by the scope of the opinion referred to in Article 11(1) and its transmission shall be accompanied by a management declaration covering the entirety of that report.

The annual performance report provided by the coordinating body shall be covered by the scope of the opinion referred to in Article 11(1) and its transmission shall be accompanied by a management declaration covering the entirety of that report.

5.   Where an accredited paying agency does not meet or no longer meets one or more of the accreditation criteria referred to in paragraph 2, the Member State, acting on its own initiative or at the request of the Commission, shall withdraw that accreditation unless the paying agency makes the necessary changes within a period to be determined by the competent authority depending on the severity of the problem.

5.   Where an accredited paying agency does not meet or no longer meets one or more of the accreditation criteria referred to in paragraph 2, the Member State, acting on its own initiative or at the request of the Commission, shall withdraw that accreditation unless the paying agency makes the necessary changes within a period to be determined by the competent authority depending on the severity of the problem.

6.   The paying agencies shall manage and ensure the control of the operations linked to public intervention for which they are responsible and they shall retain overall responsibility in that field.

6.   The paying agencies shall manage and ensure the control of the operations linked to public intervention for which they are responsible and they shall retain overall responsibility in that field.

Where support is provided through a financial instrument which is implemented by the EIB or another international financial institution in which a Member State is a shareholder, the paying agency shall rely on the control report supporting the payment applications submitted by the EIB or another international institution.

Where support is provided through a financial instrument which is implemented by the EIB or another international financial institution in which a Member State is a shareholder, the paying agency shall rely on the control report supporting the payment applications submitted by the EIB or another international institution.

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 9

Article 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 9 | deleted |
| Competent authority | |
| 1.
     
  Member States shall designate an authority at ministerial level responsible for: | |
| (a) | the issuing, reviewing and withdrawing of accreditation of paying agencies referred to in Article 8(2); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 9

Article 9

deleted

deleted

Competent authority

Competent authority

1.
     
  Member States shall designate an authority at ministerial level responsible for:

(a)

(a)

the issuing, reviewing and withdrawing of accreditation of paying agencies referred to in Article 8(2);

the issuing, reviewing and withdrawing of accreditation of paying agencies referred to in Article 8(2);

| (b) | the accreditation of the coordinating body referred to in Article 8(4); |
| --- | --- |

(b)

(b)

the accreditation of the coordinating body referred to in Article 8(4);

the accreditation of the coordinating body referred to in Article 8(4);

| (c) | the appointing of the certification body referred to in Article 11; |
| --- | --- |

(c)

(c)

the appointing of the certification body referred to in Article 11;

the appointing of the certification body referred to in Article 11;

| (d) | carrying out the tasks assigned to the competent authority under this Chapter. |
| --- | --- |

(d)

(d)

carrying out the tasks assigned to the competent authority under this Chapter.

carrying out the tasks assigned to the competent authority under this Chapter.

2.
     
  The competent authority shall, by way of a formal act, decide on the issuing or, following a review, the withdrawal of the accreditation of the paying agency and the coordinating body on the basis of an examination of the accreditation criteria to be adopted by the Commission in accordance with point (a) of Article 10(1). The competent authority shall inform the Commission of accreditations and withdrawals of accreditations without delay.

Amendment 222

Amendment 222

Proposal for a regulation

Proposal for a regulation

Article 10 a (new)

Article 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 10a |
| | Coordinating bodies |
| | 1.
     
  Where more than one paying agency is accredited in a Member State, that Member State shall appoint a public coordinating body, to which it shall assign the following tasks: |
| | (a) | to collate the documents, data and information to be provided to the Commission and to send that information to the Commission; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 10a

Article 10a

Coordinating bodies

Coordinating bodies

1.
     
  Where more than one paying agency is accredited in a Member State, that Member State shall appoint a public coordinating body, to which it shall assign the following tasks:

(a)

(a)

to collate the documents, data and information to be provided to the Commission and to send that information to the Commission;

to collate the documents, data and information to be provided to the Commission and to send that information to the Commission;

| (b) | to take or coordinate actions with a view to resolving any deficiencies of a common nature and to keep the Commission informed thereof as well as of any follow-up; |
| --- | --- |

(b)

(b)

to take or coordinate actions with a view to resolving any deficiencies of a common nature and to keep the Commission informed thereof as well as of any follow-up;

to take or coordinate actions with a view to resolving any deficiencies of a common nature and to keep the Commission informed thereof as well as of any follow-up;

| (c) | to ensure the harmonised application of Union rules. |
| --- | --- |

(c)

(c)

to ensure the harmonised application of Union rules.

to ensure the harmonised application of Union rules.

As regards the processing of the information of a financial character referred to in point (a) of the first subparagraph, the coordinating body shall be subject to specific accreditation by the Member State.

As regards the processing of the information of a financial character referred to in point (a) of the first subparagraph, the coordinating body shall be subject to specific accreditation by the Member State.

The documents, data and information referred to in Article 8(3) and (3a) submitted by the paying agencies and to be provided by the coordinating body shall be covered by the scope of the certification body’s opinion referred to in Article 11(1) and transmitted together with a management declaration covering the entirety of those documents.

The documents, data and information referred to in Article 8(3) and (3a) submitted by the paying agencies and to be provided by the coordinating body shall be covered by the scope of the certification body’s opinion referred to in Article 11(1) and transmitted together with a management declaration covering the entirety of those documents.

Amendment 274

Amendment 274

Proposal for a regulation

Proposal for a regulation

Article 11

Article 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The certification body shall be a public or private audit body designated by the Member State for a minimum three year period, without prejudice to national law. Where it is a private audit body, and where the applicable Union or national law so requires, it shall be selected by the Member State by means of a public tendering procedure. | 1.   The certification body shall be a public or private audit body designated by the Member State for a minimum three year period, without prejudice to national law. Where it is a private audit body, and where the applicable Union or national law so requires, it shall be selected by the Member State by means of a public tendering procedure. |
| | However, a Member State that designates more than one certification body shall also appoint a public certification body at the national level to be responsible for coordination. |
| For the purposes of the first subparagraph of Article 63(7) of the Financial Regulation, the certification body shall provide an opinion, drawn up in accordance with internationally accepted audit standards, which shall establish whether: | For the purposes of the first subparagraph of Article 63(7) of the Financial Regulation, the certification body shall provide an opinion, drawn up in accordance with internationally accepted audit standards, which shall establish whether: |
| (a) | the accounts give a true and fair view; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The certification body shall be a public or private audit body designated by the Member State for a minimum three year period, without prejudice to national law. Where it is a private audit body, and where the applicable Union or national law so requires, it shall be selected by the Member State by means of a public tendering procedure.

1.   The certification body shall be a public or private audit body designated by the Member State for a minimum three year period, without prejudice to national law. Where it is a private audit body, and where the applicable Union or national law so requires, it shall be selected by the Member State by means of a public tendering procedure.

However, a Member State that designates more than one certification body shall also appoint a public certification body at the national level to be responsible for coordination.

However, a Member State that designates more than one certification body shall also appoint a public certification body at the national level to be responsible for coordination.

For the purposes of the first subparagraph of Article 63(7) of the Financial Regulation, the certification body shall provide an opinion, drawn up in accordance with internationally accepted audit standards, which shall establish whether:

For the purposes of the first subparagraph of Article 63(7) of the Financial Regulation, the certification body shall provide an opinion, drawn up in accordance with internationally accepted audit standards, which shall establish whether:

(a)

the accounts give a true and fair view;

| (a) | the accounts give a true and fair view; |
| --- | --- |

(a)

the accounts give a true and fair view;

| (b) | the Member States' governance systems put in place function properly; |
| --- | --- |

(b)

the Member States' governance systems put in place function properly;

| (b) | the Member States' governance systems put in place function properly; |
| --- | --- |

(b)

the Member States' governance systems put in place function properly;

| (c) | the performance reporting
  on output indicators
  for the
  purposes
  of the annual
  performance clearance referred to in Article 52 and the performance reporting on result indicators for the multiannual
  performance monitoring referred to in Article
  115
  of Regulation (EU) .../... [CAP Strategic Plan Regulation],
  demonstrating that Article 35 of this Regulation is complied with
  , is correct; |
| --- | --- |

(c)

the performance reporting
  on output indicators
  for the
  purposes
  of the annual
  performance clearance referred to in Article 52 and the performance reporting on result indicators for the multiannual
  performance monitoring referred to in Article
  115
  of Regulation (EU) .../... [CAP Strategic Plan Regulation],
  demonstrating that Article 35 of this Regulation is complied with
  , is correct;

on output indicators

purposes

performance clearance referred to in Article 52 and the performance reporting on result indicators for the multiannual

115

demonstrating that Article 35 of this Regulation is complied with

| (c) | the performance reporting for the
  purpose
  of the annual performance monitoring referred to in Article
  38a and the multiannual performance review referred to in Article 121
  of Regulation (EU) .../...[CAP Strategic Plan Regulation],
  reflecting the operations carried out and the progress made towards the achievement of the objectives, as set out in the CAP National Strategic Plan
  , is correct; |
| --- | --- |

(c)

the performance reporting for the
  purpose
  of the annual performance monitoring referred to in Article
  38a and the multiannual performance review referred to in Article 121
  of Regulation (EU) .../...[CAP Strategic Plan Regulation],
  reflecting the operations carried out and the progress made towards the achievement of the objectives, as set out in the CAP National Strategic Plan
  , is correct;

purpose

38a and the multiannual performance review referred to in Article 121

reflecting the operations carried out and the progress made towards the achievement of the objectives, as set out in the CAP National Strategic Plan

| (d) | the expenditure for the measures laid down in Regulation (EU) No 1308/2013 for which reimbursement has been requested from the Commission is legal and regular. |
| --- | --- |

(d)

the expenditure for the measures laid down in Regulation (EU) No 1308/2013 for which reimbursement has been requested from the Commission is legal and regular.

| (d) | the expenditure for the measures laid down in
  Regulations (EU) .../... [CAP Strategic Plan
  Regulation], (EU) No 1308/2013
  , (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1144/2014
  for which reimbursement has been requested from the Commission is legal and regular
  and demonstrates that Article 35 of this Regulation is complied with
  . |
| --- | --- |

(d)

the expenditure for the measures laid down in
  Regulations (EU) .../... [CAP Strategic Plan
  Regulation], (EU) No 1308/2013
  , (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1144/2014
  for which reimbursement has been requested from the Commission is legal and regular
  and demonstrates that Article 35 of this Regulation is complied with
  .

Regulations (EU) .../... [CAP Strategic Plan

, (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1144/2014

and demonstrates that Article 35 of this Regulation is complied with

That opinion shall also state whether the examination calls into question the assertions made in the management declaration referred to in point(c) of Article 8(3).

That opinion shall also state whether the examination calls into question the assertions made in the management declaration referred to in point(c) of Article 8(3).

Where support is provided through a financial instrument which is implemented by the EIB or another international financial institution in which a Member State is a shareholder, the certification body shall rely on the annual audit report drawn up by the external auditors of those institutions.

Where support is provided through a financial instrument which is implemented by the EIB or another international financial institution in which a Member State is a shareholder, the certification body shall rely on the annual audit report drawn up by the external auditors of those institutions.

2.   The certification body shall have the necessary technical expertise. It shall be operationally independent from the paying agency and the coordinating body concerned as well as from the authority which has accredited that agency and the bodies responsible for the implementation and the monitoring of the CAP.

2.   The certification body shall have the necessary technical expertise
  , in terms of both financial management and also related to assessing the achievement of the intended aims of the interventions. All data and information used to enable certifying bodies to provide assurance that targets are being met, as well as those underlying the assumptions made, shall be made available transparently
  . It shall be operationally independent from the paying agency and the coordinating body concerned as well as from the authority which has accredited that agency and the bodies responsible for the implementation and the monitoring of the CAP.

3.
     
  The Commission shall adopt implementing acts laying down rules on the tasks of the certification bodies, including the checks to be carried out and the bodies subject to those checks, and on the certificates and the reports, together with the documents accompanying them, to be drawn up by those bodies.

The implementing acts shall also set out:

The implementing acts shall also set out:

| (a) | the audit principles on which the opinions of the certification bodies are based, including an assessment of the risks, internal controls and the level of audit evidence required; |
| --- | --- |

(a)

(a)

the audit principles on which the opinions of the certification bodies are based, including an assessment of the risks, internal controls and the level of audit evidence required;

the audit principles on which the opinions of the certification bodies are based, including an assessment of the risks, internal controls and the level of audit evidence required;

| (b) | the audit methods to be used, by the certification bodies, having regard to international standards on auditing, to deliver their opinions.



  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3). |
| --- | --- |

(b)

(b)

the audit methods to be used, by the certification bodies, having regard to international standards on auditing, to deliver their opinions.

the audit methods to be used, by the certification bodies, having regard to international standards on auditing, to deliver their opinions.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

3a.
     
  Once Member States’ competent authorities have appointed the certification bodies referred to in this Article and have informed the Commission thereof, the Commission shall present a comprehensive list of all such bodies to the European Parliament, no later than one year after ... [the date of application of this Regulation] and a second time no later than four years thereafter.

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1

Article 12 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The annual ceiling for EAGF expenditure shall be constituted by the maximum amounts set for it under Regulation (EU, Euratom)[COM(2018)0322]. | 1.   The annual ceiling for EAGF expenditure shall be constituted by the maximum amounts set for it under Regulation (EU, Euratom)[COM(2018)0322]
  that set individual limits for the Member States
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The annual ceiling for EAGF expenditure shall be constituted by the maximum amounts set for it under Regulation (EU, Euratom)[COM(2018)0322].

1.   The annual ceiling for EAGF expenditure shall be constituted by the maximum amounts set for it under Regulation (EU, Euratom)[COM(2018)0322]
  that set individual limits for the Member States
  .

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 12 a (new)

Article 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 12a |
| | Commission powers |
| | 1.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on: |
| | (a) | the minimum conditions for the accreditation of the paying agencies referred to in Article 9(2) and of the coordinating bodies referred to in Article 10(4); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 12a

Article 12a

Commission powers

Commission powers

1.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on:

(a)

(a)

the minimum conditions for the accreditation of the paying agencies referred to in Article 9(2) and of the coordinating bodies referred to in Article 10(4);

the minimum conditions for the accreditation of the paying agencies referred to in Article 9(2) and of the coordinating bodies referred to in Article 10(4);

| (b) | the obligations of the paying agencies as regards public intervention and the rules concerning the content of their management and control responsibilities; |
| --- | --- |

(b)

(b)

the obligations of the paying agencies as regards public intervention and the rules concerning the content of their management and control responsibilities;

the obligations of the paying agencies as regards public intervention and the rules concerning the content of their management and control responsibilities;

| (c) | the procedures for issuing, withdrawing and reviewing accreditation of paying agencies and coordinating bodies and for the appointment, and revocation thereof, of certification bodies, as well as the procedures for the supervision of the accreditation of paying agencies, taking into account the principle of proportionality; |
| --- | --- |

(c)

(c)

the procedures for issuing, withdrawing and reviewing accreditation of paying agencies and coordinating bodies and for the appointment, and revocation thereof, of certification bodies, as well as the procedures for the supervision of the accreditation of paying agencies, taking into account the principle of proportionality;

the procedures for issuing, withdrawing and reviewing accreditation of paying agencies and coordinating bodies and for the appointment, and revocation thereof, of certification bodies, as well as the procedures for the supervision of the accreditation of paying agencies, taking into account the principle of proportionality;

| (d) | the work and checks underlying the management declaration of the paying agencies, referred to in point (c) of Article 9(3); |
| --- | --- |

(d)

(d)

the work and checks underlying the management declaration of the paying agencies, referred to in point (c) of Article 9(3);

the work and checks underlying the management declaration of the paying agencies, referred to in point (c) of Article 9(3);

| (e) | the functioning of the coordinating body and the notification of information to the Commission under Article 10(4). |
| --- | --- |

(e)

(e)

the functioning of the coordinating body and the notification of information to the Commission under Article 10(4).

the functioning of the coordinating body and the notification of information to the Commission under Article 10(4).

2.
     
  The Commission shall adopt delegated acts in accordance with Article 100 supplementing this Regulation by laying down rules on the tasks of the certification bodies, including the checks to be carried out and the bodies subject to those checks, and on the certificates and the reports, together with the documents accompanying them, to be drawn up by those bodies.

Those delegated acts shall also set out:

Those delegated acts shall also set out:

| (a) | the audit principles on which the opinions of the certification bodies are based, including an assessment of the risks, internal controls and the level of audit evidence required; and |
| --- | --- |

(a)

(a)

the audit principles on which the opinions of the certification bodies are based, including an assessment of the risks, internal controls and the level of audit evidence required; and

the audit principles on which the opinions of the certification bodies are based, including an assessment of the risks, internal controls and the level of audit evidence required; and

| (b) | the audit methods to be used, by the certification bodies, having regard to international standards on auditing, to deliver their opinions, which may include the possibility of monitoring paying agencies' on-the-spot checks. |
| --- | --- |

(b)

(b)

the audit methods to be used, by the certification bodies, having regard to international standards on auditing, to deliver their opinions, which may include the possibility of monitoring paying agencies' on-the-spot checks.

the audit methods to be used, by the certification bodies, having regard to international standards on auditing, to deliver their opinions, which may include the possibility of monitoring paying agencies' on-the-spot checks.

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1 — subparagraph 1

Article 14 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| A
  reserve
  intended
  to provide additional support for the agricultural sector for the purpose of market management or stabilisation
  or
  in the case of crises affecting the agricultural production or distribution
  (‘the agricultural reserve’) shall be established at the beginning of each year in the EAGF
  . | An EU agricultural crisis
  reserve
  (‘the reserve’) shall be established in the budget of the CAP
  to provide additional support for the agricultural sector for the purpose of market management or stabilisation
  and to respond promptly
  in the case of crises affecting the agricultural production or distribution. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A
  reserve
  intended
  to provide additional support for the agricultural sector for the purpose of market management or stabilisation
  or
  in the case of crises affecting the agricultural production or distribution
  (‘the agricultural reserve’) shall be established at the beginning of each year in the EAGF
  .

A

intended

or

(‘the agricultural reserve’) shall be established at the beginning of each year in the EAGF

An EU agricultural crisis
  reserve
  (‘the reserve’) shall be established in the budget of the CAP
  to provide additional support for the agricultural sector for the purpose of market management or stabilisation
  and to respond promptly
  in the case of crises affecting the agricultural production or distribution.

An EU agricultural crisis

(‘the reserve’) shall be established in the budget of the CAP

and to respond promptly

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1 — subparagraph 2

Article 14 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Appropriations for the
  agricultural
  reserve shall be entered directly in the Union's budget. | The
  appropriations for the reserve shall be entered directly in the Union's budget
  and deployed, in the financial year or years for which additional support is required, in order to fund the following measures: |
| | (a) | measures to stabilise agricultural markets under Articles 8 to 21 of Regulation (EU) No 1308/2013; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Appropriations for the
  agricultural
  reserve shall be entered directly in the Union's budget.

agricultural

The
  appropriations for the reserve shall be entered directly in the Union's budget
  and deployed, in the financial year or years for which additional support is required, in order to fund the following measures:

The

and deployed, in the financial year or years for which additional support is required, in order to fund the following measures:

(a)

(a)

measures to stabilise agricultural markets under Articles 8 to 21 of Regulation (EU) No 1308/2013;

measures to stabilise agricultural markets under Articles 8 to 21 of Regulation (EU) No 1308/2013;

| (b) | exceptional measures under Chapter I, Part V of Regulation (EU) No 1308/2013; |
| --- | --- |

(b)

(b)

exceptional measures under Chapter I, Part V of Regulation (EU) No 1308/2013;

exceptional measures under Chapter I, Part V of Regulation (EU) No 1308/2013;

| (c) | measures to complement the income stabilisation tools referred to in Article 70 of Regulation (EU)
  .
  ../... [CAP Strategic Plans Regulation] in the event of market crises occurring with a frequency higher than a predefined sector-specific threshold
  . |
| --- | --- |

(c)

(c)

measures to complement the income stabilisation tools referred to in Article 70 of Regulation (EU)
  .
  ../... [CAP Strategic Plans Regulation] in the event of market crises occurring with a frequency higher than a predefined sector-specific threshold
  .

measures to complement the income stabilisation tools referred to in Article 70 of Regulation (EU)

../... [CAP Strategic Plans Regulation] in the event of market crises occurring with a frequency higher than a predefined sector-specific threshold

Amendment 78

Amendment 78

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1 — subparagraph 2 a (new)

Article 14 — paragraph 1 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission is empowered to adopt delegated acts in accordance with Article 100 in order to supplement this Article by defining the sector-specific thresholds required to trigger the measures to complement the income stabilisation tools as referred to in point (c) of the second subparagraph of this paragraph. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 100 in order to supplement this Article by defining the sector-specific thresholds required to trigger the measures to complement the income stabilisation tools as referred to in point (c) of the second subparagraph of this paragraph.

The Commission is empowered to adopt delegated acts in accordance with Article 100 in order to supplement this Article by defining the sector-specific thresholds required to trigger the measures to complement the income stabilisation tools as referred to in point (c) of the second subparagraph of this paragraph.

Amendments 79 and 242

Amendments 79 and 242

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1 — subparagraph 3

Article 14 — paragraph 1 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Funds from the agricultural reserve shall be made available for measures under Articles 8 to 21 and 219, 220, and 221 of Regulation (EU) No 1308/2013 for the year or years for which the additional support is required. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Funds from the agricultural reserve shall be made available for measures under Articles 8 to 21 and 219, 220, and 221 of Regulation (EU) No 1308/2013 for the year or years for which the additional support is required.

Funds from the agricultural reserve shall be made available for measures under Articles 8 to 21 and 219, 220, and 221 of Regulation (EU) No 1308/2013 for the year or years for which the additional support is required.

deleted

deleted

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — subparagraph - 1 (new)

Article 14 — paragraph 2 — subparagraph - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | An initial amount of EUR 400 000 000 in current prices shall be set up in 2021 in addition to the EAGF and EAFRD budgets. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

An initial amount of EUR 400 000 000 in current prices shall be set up in 2021 in addition to the EAGF and EAFRD budgets.

An initial amount of EUR 400 000 000 in current prices shall be set up in 2021 in addition to the EAGF and EAFRD budgets.

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — subparagraph 1

Article 14 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The amount of the agricultural reserve shall be at least EUR 400 million in current prices
  at the beginning of each year of the period 2021-2027
  . The Commission may adjust
  the amount of the agricultural reserve during the year when appropriate in view of
  market
  developments or perspectives
  in
  the current or following
  year
  and taking into account available
  appropriations
  under the EAGF. | At the beginning of each year of the period 2021-2027, the amount of the
  EU
  agricultural
  crisis
  reserve
  shall be at least equal to the initial amount allocated in 2021, with the potential for increases over that period up to a ceiling of EUR 1 500 000 000 in current prices, without prejudice to the relevant decisions taken by the budgetary authority. |
| | The amount of the EU agricultural crisis reserve shall be adjusted through the annual budgetary procedure or
  during the year when appropriate in view of
  crisis
  developments or perspectives
  concerning
  the current or following
  years
  and taking into account available
  revenues assigned to the EAGF or margins available
  under the EAGF
  sub-ceiling
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The amount of the agricultural reserve shall be at least EUR 400 million in current prices
  at the beginning of each year of the period 2021-2027
  . The Commission may adjust
  the amount of the agricultural reserve during the year when appropriate in view of
  market
  developments or perspectives
  in
  the current or following
  year
  and taking into account available
  appropriations
  under the EAGF.

The amount of the agricultural reserve shall be at least EUR 400 million in current prices

. The Commission may adjust

market

in

year

appropriations

At the beginning of each year of the period 2021-2027, the amount of the
  EU
  agricultural
  crisis
  reserve
  shall be at least equal to the initial amount allocated in 2021, with the potential for increases over that period up to a ceiling of EUR 1 500 000 000 in current prices, without prejudice to the relevant decisions taken by the budgetary authority.

EU

crisis

shall be at least equal to the initial amount allocated in 2021, with the potential for increases over that period up to a ceiling of EUR 1 500 000 000 in current prices, without prejudice to the relevant decisions taken by the budgetary authority.

The amount of the EU agricultural crisis reserve shall be adjusted through the annual budgetary procedure or
  during the year when appropriate in view of
  crisis
  developments or perspectives
  concerning
  the current or following
  years
  and taking into account available
  revenues assigned to the EAGF or margins available
  under the EAGF
  sub-ceiling
  .

The amount of the EU agricultural crisis reserve shall be adjusted through the annual budgetary procedure or

crisis

concerning

years

revenues assigned to the EAGF or margins available

sub-ceiling

Amendments 82 and 244

Amendments 82 and 244

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — subparagraph 1 a (new)

Article 14 — paragraph 2 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | In the event that such available appropriations are not sufficient, financial discipline may be used to fund the reserve up to the initial amount referred to in the first subparagraph. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In the event that such available appropriations are not sufficient, financial discipline may be used to fund the reserve up to the initial amount referred to in the first subparagraph.

In the event that such available appropriations are not sufficient, financial discipline may be used to fund the reserve up to the initial amount referred to in the first subparagraph.

Amendment 83

Amendment 83

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — subparagraph 2

Article 14 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| By way of derogation from point (d) of Article 12(2) of the Financial Regulation, non-committed appropriations of the
  agricultural
  reserve shall be carried over without time limitation to finance the
  agricultural
  reserve in the following financial years. | By way of derogation from point (d) of Article 12(2) of the Financial Regulation, non-committed appropriations of the reserve shall be carried over without time limitation to finance the reserve in the following financial years. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By way of derogation from point (d) of Article 12(2) of the Financial Regulation, non-committed appropriations of the
  agricultural
  reserve shall be carried over without time limitation to finance the
  agricultural
  reserve in the following financial years.

agricultural

agricultural

By way of derogation from point (d) of Article 12(2) of the Financial Regulation, non-committed appropriations of the reserve shall be carried over without time limitation to finance the reserve in the following financial years.

Amendments 84 and 247

Amendments 84 and 247

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — subparagraph 3

Article 14 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Moreover, by derogation from point (d) of Article 12(2) of the Financial Regulation, the total unused amount of the crisis reserve available at the end of year 2020 shall be carried over to the year 2021 without being returned to the budgetary lines which cover the actions referred to in point (c) of Article 5(2) and made available for the financing of the agricultural reserve. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Moreover, by derogation from point (d) of Article 12(2) of the Financial Regulation, the total unused amount of the crisis reserve available at the end of year 2020 shall be carried over to the year 2021 without being returned to the budgetary lines which cover the actions referred to in point (c) of Article 5(2) and made available for the financing of the agricultural reserve.

Moreover, by derogation from point (d) of Article 12(2) of the Financial Regulation, the total unused amount of the crisis reserve available at the end of year 2020 shall be carried over to the year 2021 without being returned to the budgetary lines which cover the actions referred to in point (c) of Article 5(2) and made available for the financing of the agricultural reserve.

deleted

deleted

Amendment 85

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 — subparagraph 1

Article 15 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| An adjustment rate for direct payments interventions referred to in point (c) of Article 5(2) of this Regulation
  and Union financial contribution to the specific measures referred to in point (f) of Article 5(2) of this Regulation and granted under Chapter IV of Regulation (EU
  )
  No 228/2013 and Chapter IV of Regulation (EU) No 229/2013,
  (‘the adjustment rate’) shall be determined by the Commission when the forecasts for the financing of the interventions and measures financed under that sub-ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded. | An adjustment rate for direct payments interventions referred to in point (c) of Article 5(2) of this Regulation (‘the adjustment rate’) shall be determined by the Commission when the forecasts for the financing of the interventions and measures financed under that sub-ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

An adjustment rate for direct payments interventions referred to in point (c) of Article 5(2) of this Regulation
  and Union financial contribution to the specific measures referred to in point (f) of Article 5(2) of this Regulation and granted under Chapter IV of Regulation (EU
  )
  No 228/2013 and Chapter IV of Regulation (EU) No 229/2013,
  (‘the adjustment rate’) shall be determined by the Commission when the forecasts for the financing of the interventions and measures financed under that sub-ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded.

and Union financial contribution to the specific measures referred to in point (f) of Article 5(2) of this Regulation and granted under Chapter IV of Regulation (EU

No 228/2013 and Chapter IV of Regulation (EU) No 229/2013,

An adjustment rate for direct payments interventions referred to in point (c) of Article 5(2) of this Regulation (‘the adjustment rate’) shall be determined by the Commission when the forecasts for the financing of the interventions and measures financed under that sub-ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded.

Amendment 86

Amendment 86

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 — subparagraph 1 a (new)

Article 15 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The adjustment rate determined in accordance with this Article shall only apply to direct payments in excess of EUR 2 000 to be granted to beneficiaries in the corresponding calendar year. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The adjustment rate determined in accordance with this Article shall only apply to direct payments in excess of EUR 2 000 to be granted to beneficiaries in the corresponding calendar year.

The adjustment rate determined in accordance with this Article shall only apply to direct payments in excess of EUR 2 000 to be granted to beneficiaries in the corresponding calendar year.

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 6

Article 19 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The Commission may adopt implementing acts determining supplementary payments or deductions adjusting the payments made in accordance with paragraph 3,
  without
  applying the procedure referred to in Article 101. | 6.   The Commission may adopt implementing acts determining supplementary payments or deductions adjusting the payments made in accordance with paragraph 3, applying the procedure referred to in Article 101. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   The Commission may adopt implementing acts determining supplementary payments or deductions adjusting the payments made in accordance with paragraph 3,
  without
  applying the procedure referred to in Article 101.

6.   The Commission may adopt implementing acts determining supplementary payments or deductions adjusting the payments made in accordance with paragraph 3, applying the procedure referred to in Article 101.

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 2

Article 22 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| In accordance with point (b) of Article 7, the Commission shall supply that satellite data free of charge to the authorities competent for the area monitoring system or to suppliers of services authorised by those bodies to represent them. | In accordance with point (b) of Article 7, the Commission shall supply that satellite data free of charge to the authorities competent for the area monitoring
  and control
  system or to suppliers of services authorised by those bodies to represent them. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In accordance with point (b) of Article 7, the Commission shall supply that satellite data free of charge to the authorities competent for the area monitoring system or to suppliers of services authorised by those bodies to represent them.

In accordance with point (b) of Article 7, the Commission shall supply that satellite data free of charge to the authorities competent for the area monitoring
  and control
  system or to suppliers of services authorised by those bodies to represent them.

and control

Amendment 89

Amendment 89

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 4

Article 22 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission may entrust specialised entities to carry out tasks relating to techniques or working methods in connection with the area monitoring system referred to in point (c) of Article 64(1). | The Commission may entrust specialised entities to carry out tasks relating to techniques or working methods in connection with the area monitoring
  and control
  system referred to in point (c) of Article 64(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission may entrust specialised entities to carry out tasks relating to techniques or working methods in connection with the area monitoring system referred to in point (c) of Article 64(1).

The Commission may entrust specialised entities to carry out tasks relating to techniques or working methods in connection with the area monitoring
  and control
  system referred to in point (c) of Article 64(1).

and control

Amendment 90

Amendment 90

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 1 — point b

Article 23 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | ensure agri-economic and agri-environmental-climate monitoring of agricultural land use and agricultural land use change, including agro-forestry, and monitoring of the condition of crops so as to enable estimates to be made, in particular as regards yields and agricultural production and agricultural impacts associated with exceptional circumstances; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

ensure agri-economic and agri-environmental-climate monitoring of agricultural land use and agricultural land use change, including agro-forestry, and monitoring of the condition of crops so as to enable estimates to be made, in particular as regards yields and agricultural production and agricultural impacts associated with exceptional circumstances;

| (b) | ensure agri-economic and agri-environmental-climate monitoring of agricultural land use and agricultural land use change, including agro-forestry, and monitoring of the condition of
  soil, water,
  crops
  and other vegetation
  so as to enable estimates to be made, in particular as regards yields and agricultural production and agricultural impacts associated with exceptional circumstances
  , and assessment of the resilience of agricultural systems against climate change and progress towards the relevant Sustainable Development Goals
  ; |
| --- | --- |

(b)

ensure agri-economic and agri-environmental-climate monitoring of agricultural land use and agricultural land use change, including agro-forestry, and monitoring of the condition of
  soil, water,
  crops
  and other vegetation
  so as to enable estimates to be made, in particular as regards yields and agricultural production and agricultural impacts associated with exceptional circumstances
  , and assessment of the resilience of agricultural systems against climate change and progress towards the relevant Sustainable Development Goals
  ;

soil, water,

and other vegetation

, and assessment of the resilience of agricultural systems against climate change and progress towards the relevant Sustainable Development Goals

Amendment 91

Amendment 91

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 1 — point d

Article 23 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | contribute to transparency of world markets; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

contribute to transparency of world markets;

| (d) | contribute to
  specific measures increasing the
  transparency of world markets
  including market monitoring, taking account of Union objectives and commitments including that to Policy Coherence for Development. |
| --- | --- |

(d)

contribute to
  specific measures increasing the
  transparency of world markets
  including market monitoring, taking account of Union objectives and commitments including that to Policy Coherence for Development.

specific measures increasing the

including market monitoring, taking account of Union objectives and commitments including that to Policy Coherence for Development.

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2

Article 23 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Pursuant to
  point (c) of
  Article 7 the Commission shall finance the actions concerning the collection or purchase of data needed to implement and monitor the CAP, including satellite data, geo-spatial data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions, remote sensing used to assist in the monitoring of agricultural land use change and soil health and the updating of agri-meteorological and econometric models. Where necessary, those actions shall be carried out in collaboration with EEA, JRC, national laboratories and bodies or with the involvement of the private sector. | Pursuant to Article 7 the Commission shall finance the actions concerning the collection or purchase of data needed to implement and monitor the CAP
  and its effects
  , including satellite data, geo-spatial data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions, remote sensing used to assist in the monitoring of agricultural land use change and soil health and the updating of agri-meteorological and econometric models. Where necessary, those actions shall be carried out in collaboration with EEA, JRC,
  Eurostat,
  national laboratories and bodies or with the involvement of the private sector
  , while ensuring impartiality, transparency and the free availability of information to the greatest possible extent
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Pursuant to
  point (c) of
  Article 7 the Commission shall finance the actions concerning the collection or purchase of data needed to implement and monitor the CAP, including satellite data, geo-spatial data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions, remote sensing used to assist in the monitoring of agricultural land use change and soil health and the updating of agri-meteorological and econometric models. Where necessary, those actions shall be carried out in collaboration with EEA, JRC, national laboratories and bodies or with the involvement of the private sector.

point (c) of

Pursuant to Article 7 the Commission shall finance the actions concerning the collection or purchase of data needed to implement and monitor the CAP
  and its effects
  , including satellite data, geo-spatial data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions, remote sensing used to assist in the monitoring of agricultural land use change and soil health and the updating of agri-meteorological and econometric models. Where necessary, those actions shall be carried out in collaboration with EEA, JRC,
  Eurostat,
  national laboratories and bodies or with the involvement of the private sector
  , while ensuring impartiality, transparency and the free availability of information to the greatest possible extent
  .

and its effects

Eurostat,

, while ensuring impartiality, transparency and the free availability of information to the greatest possible extent

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 1 — subparagraph 1 — point a

Article 29 — paragraph 1 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | in 2021:
  1
  % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

in 2021:
  1
  % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan;

1

| (a) | in 2021:
  1,5
  % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan; |
| --- | --- |

(a)

in 2021:
  1,5
  % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan;

1,5

Amendment 94

Amendment 94

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 1 — subparagraph 1 — point b

Article 29 — paragraph 1 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | in 2022:
  1
  % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

in 2022:
  1
  % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan;

1

| (b) | in 2022:
  1,5
  % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan; |
| --- | --- |

(b)

in 2022:
  1,5
  % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan;

1,5

Amendment 95

Amendment 95

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 3

Article 29 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  No
  additional prefinancing
  shall
  be paid or recovered where a transfer to or from the EAFRD has taken place in accordance with Article 90 of Regulation (EU) .../... [CAP Strategic Plan Regulation]. | 3.   Additional prefinancing
  may
  be paid or recovered where a transfer to or from the EAFRD has taken place in accordance with Article 90 of Regulation (EU) .../... [CAP Strategic Plan Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   
  No
  additional prefinancing
  shall
  be paid or recovered where a transfer to or from the EAFRD has taken place in accordance with Article 90 of Regulation (EU) .../... [CAP Strategic Plan Regulation].

3.   Additional prefinancing
  may
  be paid or recovered where a transfer to or from the EAFRD has taken place in accordance with Article 90 of Regulation (EU) .../... [CAP Strategic Plan Regulation].

Amendment 96

Amendment 96

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 4

Article 29 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Interest generated on the prefinancing shall be used for the CAP Strategic Plan concerned and deducted from the amount of public expenditure indicated on the final declaration of expenditure. | 4.   Interest generated on the prefinancing shall be used for the CAP Strategic Plan
  or the Regional Intervention Programme
  concerned and deducted from the amount of public expenditure indicated on the final declaration of expenditure. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Interest generated on the prefinancing shall be used for the CAP Strategic Plan concerned and deducted from the amount of public expenditure indicated on the final declaration of expenditure.

4.   Interest generated on the prefinancing shall be used for the CAP Strategic Plan
  or the Regional Intervention Programme
  concerned and deducted from the amount of public expenditure indicated on the final declaration of expenditure.

Amendment 97

Amendment 97

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 1

Article 30 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Interim payments shall be made for each CAP Strategic Plan. They shall be calculated by applying the
  contribution
  rate for each type of intervention to the public expenditure effected pertaining to it as referred to in Article 85 of Regulation (EU) .../...[CAP Strategic Plan Regulation]. | 1.   Interim payments shall be made for each CAP Strategic Plan
  or, where appropriate, for each Regional Intervention Programme
  . They shall be calculated by applying the
  co-financing
  rate for each type of intervention to the public expenditure effected pertaining to it as referred to in Article 85 of Regulation (EU) .../...[CAP Strategic Plan Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Interim payments shall be made for each CAP Strategic Plan. They shall be calculated by applying the
  contribution
  rate for each type of intervention to the public expenditure effected pertaining to it as referred to in Article 85 of Regulation (EU) .../...[CAP Strategic Plan Regulation].

1.   Interim payments shall be made for each CAP Strategic Plan
  or, where appropriate, for each Regional Intervention Programme
  . They shall be calculated by applying the
  co-financing
  rate for each type of intervention to the public expenditure effected pertaining to it as referred to in Article 85 of Regulation (EU) .../...[CAP Strategic Plan Regulation].

Amendment 98

Amendment 98

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 4 — point a

Article 30 — paragraph 4 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the amount included in the first declaration of expenditure shall need to have been previously paid to the financial instrument and may be up to 25 % of the total amount of the CAP Strategic Plan
  contribution
  committed to the financial instruments under the relevant funding agreement; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the amount included in the first declaration of expenditure shall need to have been previously paid to the financial instrument and may be up to 25 % of the total amount of the CAP Strategic Plan
  contribution
  committed to the financial instruments under the relevant funding agreement;

contribution

| (a) | the amount included in the first declaration of expenditure shall need to have been previously paid to the financial instrument and may be up to 25 % of the total amount of the CAP Strategic Plan
  co-financing
  committed to the financial instruments under the relevant funding agreement; |
| --- | --- |

(a)

the amount included in the first declaration of expenditure shall need to have been previously paid to the financial instrument and may be up to 25 % of the total amount of the CAP Strategic Plan
  co-financing
  committed to the financial instruments under the relevant funding agreement;

co-financing

Amendment 99

Amendment 99

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 1

Article 31 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   After receiving the last annual
  performance
  report on the implementation of a CAP Strategic Plan, the Commission shall pay the balance
  , subject to the availability of resources
  , on the basis of the financial plan in force at the level of the types of EAFRD interventions, the annual accounts for the last execution year for the relevant CAP Strategic Plan and of the corresponding clearance decisions. Those accounts shall be presented to the Commission no later than six months after the final eligibility date of expenditure provided for in Article 80(3) of Regulation (EU) No.../...[CAP Strategic Plan Regulation] and shall cover the expenditure effected by the paying agency up to the last eligibility date of expenditure. | 1.   After receiving the last annual
  clearance
  report on the implementation of a CAP Strategic Plan, the Commission shall pay the balance, on the basis of the financial plan in force at the level of the types of EAFRD interventions, the annual accounts for the last execution year for the relevant CAP Strategic Plan and of the corresponding clearance decisions. Those accounts shall be presented to the Commission no later than six months after the final eligibility date of expenditure provided for in Article 80(3) of Regulation (EU) No.../...[CAP Strategic Plan Regulation] and shall cover the expenditure effected by the paying agency up to the last eligibility date of expenditure. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   After receiving the last annual
  performance
  report on the implementation of a CAP Strategic Plan, the Commission shall pay the balance
  , subject to the availability of resources
  , on the basis of the financial plan in force at the level of the types of EAFRD interventions, the annual accounts for the last execution year for the relevant CAP Strategic Plan and of the corresponding clearance decisions. Those accounts shall be presented to the Commission no later than six months after the final eligibility date of expenditure provided for in Article 80(3) of Regulation (EU) No.../...[CAP Strategic Plan Regulation] and shall cover the expenditure effected by the paying agency up to the last eligibility date of expenditure.

1.   After receiving the last annual
  clearance
  report on the implementation of a CAP Strategic Plan, the Commission shall pay the balance, on the basis of the financial plan in force at the level of the types of EAFRD interventions, the annual accounts for the last execution year for the relevant CAP Strategic Plan and of the corresponding clearance decisions. Those accounts shall be presented to the Commission no later than six months after the final eligibility date of expenditure provided for in Article 80(3) of Regulation (EU) No.../...[CAP Strategic Plan Regulation] and shall cover the expenditure effected by the paying agency up to the last eligibility date of expenditure.

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 3

Article 31 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   If, by the time limit set out in paragraph 1, the Commission has not received the last annual
  performance
  report and the documents needed for clearance of the accounts of the last execution year of the Plan, the balance shall be automatically decommitted in accordance with Article 32. | 3.   If, by the time limit set out in paragraph 1, the Commission has not received the last annual
  clearance
  report and the documents needed for clearance of the accounts of the last execution year of the Plan, the balance shall be automatically decommitted in accordance with Article 32. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   If, by the time limit set out in paragraph 1, the Commission has not received the last annual
  performance
  report and the documents needed for clearance of the accounts of the last execution year of the Plan, the balance shall be automatically decommitted in accordance with Article 32.

3.   If, by the time limit set out in paragraph 1, the Commission has not received the last annual
  clearance
  report and the documents needed for clearance of the accounts of the last execution year of the Plan, the balance shall be automatically decommitted in accordance with Article 32.

Amendment 101

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 1

Article 32 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall automatically decommit any portion of a budget commitment for rural development interventions in a CAP Strategic Plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 30(3) has been presented to it in relation to expenditure effected by 31 December of the
  second
  year following that of the budget commitment. | 1.   The Commission shall automatically decommit any portion of a budget commitment for rural development interventions in a CAP Strategic Plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 30(3) has been presented to it in relation to expenditure effected by 31 December of the
  third
  year following that of the budget commitment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission shall automatically decommit any portion of a budget commitment for rural development interventions in a CAP Strategic Plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 30(3) has been presented to it in relation to expenditure effected by 31 December of the
  second
  year following that of the budget commitment.

1.   The Commission shall automatically decommit any portion of a budget commitment for rural development interventions in a CAP Strategic Plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 30(3) has been presented to it in relation to expenditure effected by 31 December of the
  third
  year following that of the budget commitment.

Amendment 102

Amendment 102

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 3

Article 32 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   In the event of legal proceedings or of an administrative appeal having suspensory effect, the period for automatic decommitment referred to in paragraph 1 or 2 shall, in respect of the amount relating to the operations concerned, be interrupted for the duration of those proceedings or that administrative appeal, provided that the Commission receives a substantiated notification from the Member State by 31 January of year N +
  3
  . | 3.   In the event of legal proceedings or of an administrative appeal having suspensory effect, the period for automatic decommitment referred to in paragraph 1 or 2 shall, in respect of the amount relating to the operations concerned, be interrupted for the duration of those proceedings or that administrative appeal, provided that the Commission receives a substantiated notification from the Member State by 31 January of year N +
  4
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   In the event of legal proceedings or of an administrative appeal having suspensory effect, the period for automatic decommitment referred to in paragraph 1 or 2 shall, in respect of the amount relating to the operations concerned, be interrupted for the duration of those proceedings or that administrative appeal, provided that the Commission receives a substantiated notification from the Member State by 31 January of year N +
  3
  .

3.   In the event of legal proceedings or of an administrative appeal having suspensory effect, the period for automatic decommitment referred to in paragraph 1 or 2 shall, in respect of the amount relating to the operations concerned, be interrupted for the duration of those proceedings or that administrative appeal, provided that the Commission receives a substantiated notification from the Member State by 31 January of year N +
  4
  .

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 4 — subparagraph 1 — point a

Article 32 — paragraph 4 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the Commission at 31 December of year N +
  2
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the Commission at 31 December of year N +
  2
  ;

2

| (a) | that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the Commission at 31 December of year N +
  3
  ; |
| --- | --- |

(a)

that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the Commission at 31 December of year N +
  3
  ;

3

Amendment 104

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article 34 — paragraph 2 — introductory part

Article 34 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Under EAFRD, an operation may receive different forms of support from the CAP Strategic Plan and from other European Structural and Investments Funds (ESI) Funds or Union instruments only if the total cumulated aid amount granted under the different forms of support does not exceed the highest aid intensity or aid amount applicable to that type of intervention as referred to in Title III of Regulation (EU) No.../... (CAP Strategic Plan Regulation). In such cases
  Member States shall not declare
  expenditure
  to the Commission for
  : | Under EAFRD, an operation may receive different forms of support from the CAP Strategic Plan and from other European Structural and Investments Funds (ESI) Funds or Union instruments only if the total cumulated aid amount granted under the different forms of support does not exceed the highest aid intensity or aid amount applicable to that type of intervention as referred to in Title III of Regulation (EU) No.../... (CAP Strategic Plan Regulation). In such cases expenditure
  shall not be declared for either of the following
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Under EAFRD, an operation may receive different forms of support from the CAP Strategic Plan and from other European Structural and Investments Funds (ESI) Funds or Union instruments only if the total cumulated aid amount granted under the different forms of support does not exceed the highest aid intensity or aid amount applicable to that type of intervention as referred to in Title III of Regulation (EU) No.../... (CAP Strategic Plan Regulation). In such cases
  Member States shall not declare
  expenditure
  to the Commission for
  :

Member States shall not declare

to the Commission for

Under EAFRD, an operation may receive different forms of support from the CAP Strategic Plan and from other European Structural and Investments Funds (ESI) Funds or Union instruments only if the total cumulated aid amount granted under the different forms of support does not exceed the highest aid intensity or aid amount applicable to that type of intervention as referred to in Title III of Regulation (EU) No.../... (CAP Strategic Plan Regulation). In such cases expenditure
  shall not be declared for either of the following
  :

shall not be declared for either of the following

Amendment 275

Amendment 275

Proposal for a regulation

Proposal for a regulation

Article 35

Article 35

| Text proposed by the Commission | Amendment |
| --- | --- |
| The expenditure
  referred to in Article 5(2) and Article 6
  may be financed by the Union only if: | The expenditure
  for the measures laid down in Regulations (EU) No 1308/2013, (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1144/2014
  may be financed by the Union only if: |
| (a) | it has been effected by accredited paying agencies, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The expenditure
  referred to in Article 5(2) and Article 6
  may be financed by the Union only if:

referred to in Article 5(2) and Article 6

The expenditure
  for the measures laid down in Regulations (EU) No 1308/2013, (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1144/2014
  may be financed by the Union only if:

for the measures laid down in Regulations (EU) No 1308/2013, (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1144/2014

(a)

it has been effected by accredited paying agencies,

| (a) | it has been effected by accredited paying agencies
  ; and |
| --- | --- |

(a)

it has been effected by accredited paying agencies
  ; and

; and

| (b) | it has been effected in accordance with the applicable Union rules
  , or |
| --- | --- |

(b)

it has been effected in accordance with the applicable Union rules
  , or

, or

| (b) | it has been effected in accordance with the applicable Union rules. |
| --- | --- |

(b)

it has been effected in accordance with the applicable Union rules.

| (c) | as regards types of interventions referred to in Regulation (EU) .../... [CAP Strategic Plan Regulation],










  (i) | it is matched by a corresponding reported output, and |
| --- | --- | --- |

(c)

(c)

as regards types of interventions referred to in Regulation (EU) .../... [CAP Strategic Plan Regulation],

as regards types of interventions referred to in Regulation (EU) .../... [CAP Strategic Plan Regulation],

(i)

(i)

it is matched by a corresponding reported output, and

it is matched by a corresponding reported output, and

| (ii) | it has been effected in accordance with the applicable governance systems, not extending to the eligibility conditions for individual beneficiaries laid down in the national CAP Strategic Plans. |
| --- | --- |

(ii)

(ii)

it has been effected in accordance with the applicable governance systems, not extending to the eligibility conditions for individual beneficiaries laid down in the national CAP Strategic Plans.

it has been effected in accordance with the applicable governance systems, not extending to the eligibility conditions for individual beneficiaries laid down in the national CAP Strategic Plans.

Point (c)(i) of the first paragraph shall not apply to advances paid to beneficiaries under types of interventions referred to
  in Regulation (EU)
  No
  .../...[CAP Strategic Plan Regulation].

Point (c)(i) of the first paragraph shall not apply to advances paid to beneficiaries under types of interventions referred to

No

The expenditure for the measures laid down
  in Regulation (EU) .../...
  [CAP Strategic Plan Regulation] may be financed by the Union only if:

The expenditure for the measures laid down

[CAP Strategic Plan Regulation] may be financed by the Union only if:

| (a) | it has been effected by accredited paying agencies; |
| --- | --- |

(a)

(a)

it has been effected by accredited paying agencies;

it has been effected by accredited paying agencies;

| (b) | it has been effected in accordance with the applicable Union requirements; and |
| --- | --- |

(b)

(b)

it has been effected in accordance with the applicable Union requirements; and

it has been effected in accordance with the applicable Union requirements; and

| (c) | it has been effected in accordance with the applicable governance systems, including Member States’ obligations with regard to the effective protection of the financial interests of the Union referred to in Article 57 of this Regulation and the reporting system put in place for the purposes of the performance report referred to in Article 121 of Regulation (EU) .../...
  [CAP Strategic Plan Regulation]. |
| --- | --- |

(c)

(c)

it has been effected in accordance with the applicable governance systems, including Member States’ obligations with regard to the effective protection of the financial interests of the Union referred to in Article 57 of this Regulation and the reporting system put in place for the purposes of the performance report referred to in Article 121 of Regulation (EU) .../...
  [CAP Strategic Plan Regulation].

it has been effected in accordance with the applicable governance systems, including Member States’ obligations with regard to the effective protection of the financial interests of the Union referred to in Article 57 of this Regulation and the reporting system put in place for the purposes of the performance report referred to in Article 121 of Regulation (EU) .../...

Amendment 109

Amendment 109

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 2

Article 37 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where the Commission establishes from declarations of expenditure or the information referred to in Article 88 that the payment deadlines referred to in Article 36 have not been complied with, the Member State shall be afforded the opportunity to submit its comments within a period which shall not be less than 30 days. Where the Member State fails to submit its comments within the said period or where the Commission
  considers the response to be unsatisfactory
  , the Commission may reduce the monthly or interim payments to the Member State concerned in the framework of the implementing acts concerning the monthly payments referred to in Article 19(3) or in the framework of the interim payments referred to in Article 30. | 2.   Where the Commission establishes from declarations of expenditure or the information referred to in Article 88 that the payment deadlines referred to in Article 36 have not been complied with, the Member State shall be afforded the opportunity to submit its comments within a period which shall not be less than 30 days. Where the Member State fails to submit its comments within the said period or where the Commission
  has concluded that the comments provided are manifestly insufficient
  , the Commission may reduce the monthly or interim payments to the Member State concerned in the framework of the implementing acts concerning the monthly payments referred to in Article 19(3) or in the framework of the interim payments referred to in Article 30.
  The Commission shall ensure that any reductions do not result in additional delays or difficulties for final beneficiaries in the Member State concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where the Commission establishes from declarations of expenditure or the information referred to in Article 88 that the payment deadlines referred to in Article 36 have not been complied with, the Member State shall be afforded the opportunity to submit its comments within a period which shall not be less than 30 days. Where the Member State fails to submit its comments within the said period or where the Commission
  considers the response to be unsatisfactory
  , the Commission may reduce the monthly or interim payments to the Member State concerned in the framework of the implementing acts concerning the monthly payments referred to in Article 19(3) or in the framework of the interim payments referred to in Article 30.

2.   Where the Commission establishes from declarations of expenditure or the information referred to in Article 88 that the payment deadlines referred to in Article 36 have not been complied with, the Member State shall be afforded the opportunity to submit its comments within a period which shall not be less than 30 days. Where the Member State fails to submit its comments within the said period or where the Commission
  has concluded that the comments provided are manifestly insufficient
  , the Commission may reduce the monthly or interim payments to the Member State concerned in the framework of the implementing acts concerning the monthly payments referred to in Article 19(3) or in the framework of the interim payments referred to in Article 30.
  The Commission shall ensure that any reductions do not result in additional delays or difficulties for final beneficiaries in the Member State concerned.

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 3

Article 37 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Reductions under this Article shall be without prejudice to Article 51. | 3.   Reductions under this Article shall be
  applied in accordance with the principle of proportionality and
  without prejudice to Article 51. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Reductions under this Article shall be without prejudice to Article 51.

3.   Reductions under this Article shall be
  applied in accordance with the principle of proportionality and
  without prejudice to Article 51.

Amendment 276

Amendment 276

Proposal for a regulation

Proposal for a regulation

Article 38

Article 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where Member States do not submit the documents referred to in Articles
  8(3)
  and 11(1)
  by
  the deadlines, as provided for in Article
  8(3)
  , the Commission
  may
  adopt implementing acts suspending the total amount of the monthly payments referred to in Article 19(3). The Commission shall reimburse the suspended amounts when it receives the missing documents from the Member State concerned, provided that the date of receipt is not later than six months after the deadline. | 1.   Where Member States do not submit the documents
  and data
  referred to in Articles
  8
  and 11(1)
  within
  the deadlines, as provided for in Article
  8, and, where applicable, in Article 129(1) of Regulation (EU) .../... [CAP Strategic Plan Regulation]
  , the Commission
  shall
  adopt implementing acts suspending the total amount of the monthly payments referred to in Article 19(3). The Commission shall reimburse the suspended amounts when it receives the missing documents from the Member State concerned, provided that the date of receipt is not later than six months after the deadline. |
| As regards the interim payments referred to in Article 30, declarations of expenditure shall be deemed inadmissible in accordance with paragraph 6 of that Article. | As regards the interim payments referred to in Article 30, declarations of expenditure shall be deemed inadmissible in accordance with paragraph 6 of that Article. |
| 2.
     
  Where, in the framework of the annual performance clearance referred to in Article 52, the Commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 50 % and the Member State cannot provide duly justified reasons, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30. | |
| The suspension shall be applied to the relevant expenditure in respect of the interventions which have been subject to the reduction referred to in Article 52(2) and the amount to be suspended shall not exceed the percentage corresponding to the reduction applied in accordance with Article 52(2). The amounts suspended shall be reimbursed by the Commission to the Member States or permanently reduced by means of the implementing act referred to in Article 52. | |
| The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the rate of suspension of payments. | |
| 3.   The implementing acts provided for in this Article shall be adopted in accordance with the advisory procedure referred to in Article 101(2). | 3.   The implementing acts provided for in this Article shall be adopted in accordance with the advisory procedure referred to in Article 101(2). |
| Before adopting those implementing acts, the Commission shall inform the Member State concerned of its intention and shall give the Member State the opportunity to submit its comments within a period which shall not be less than 30 days. | Before adopting those implementing acts, the Commission shall inform the Member State concerned of its intention and shall give the Member State the opportunity to submit its comments within a period which shall not be less than 30 days. |
| The implementing acts determining the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30 shall take account of the implementing acts adopted under this paragraph. | The implementing acts determining the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30 shall take account of the implementing acts adopted under this paragraph. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where Member States do not submit the documents referred to in Articles
  8(3)
  and 11(1)
  by
  the deadlines, as provided for in Article
  8(3)
  , the Commission
  may
  adopt implementing acts suspending the total amount of the monthly payments referred to in Article 19(3). The Commission shall reimburse the suspended amounts when it receives the missing documents from the Member State concerned, provided that the date of receipt is not later than six months after the deadline.

1.   Where Member States do not submit the documents
  and data
  referred to in Articles
  8
  and 11(1)
  within
  the deadlines, as provided for in Article
  8, and, where applicable, in Article 129(1) of Regulation (EU) .../... [CAP Strategic Plan Regulation]
  , the Commission
  shall
  adopt implementing acts suspending the total amount of the monthly payments referred to in Article 19(3). The Commission shall reimburse the suspended amounts when it receives the missing documents from the Member State concerned, provided that the date of receipt is not later than six months after the deadline.

As regards the interim payments referred to in Article 30, declarations of expenditure shall be deemed inadmissible in accordance with paragraph 6 of that Article.

As regards the interim payments referred to in Article 30, declarations of expenditure shall be deemed inadmissible in accordance with paragraph 6 of that Article.

2.
     
  Where, in the framework of the annual performance clearance referred to in Article 52, the Commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 50 % and the Member State cannot provide duly justified reasons, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30.

The suspension shall be applied to the relevant expenditure in respect of the interventions which have been subject to the reduction referred to in Article 52(2) and the amount to be suspended shall not exceed the percentage corresponding to the reduction applied in accordance with Article 52(2). The amounts suspended shall be reimbursed by the Commission to the Member States or permanently reduced by means of the implementing act referred to in Article 52.

The suspension shall be applied to the relevant expenditure in respect of the interventions which have been subject to the reduction referred to in Article 52(2) and the amount to be suspended shall not exceed the percentage corresponding to the reduction applied in accordance with Article 52(2). The amounts suspended shall be reimbursed by the Commission to the Member States or permanently reduced by means of the implementing act referred to in Article 52.

The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the rate of suspension of payments.

The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the rate of suspension of payments.

3.   The implementing acts provided for in this Article shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

3.   The implementing acts provided for in this Article shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

Before adopting those implementing acts, the Commission shall inform the Member State concerned of its intention and shall give the Member State the opportunity to submit its comments within a period which shall not be less than 30 days.

Before adopting those implementing acts, the Commission shall inform the Member State concerned of its intention and shall give the Member State the opportunity to submit its comments within a period which shall not be less than 30 days.

The implementing acts determining the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30 shall take account of the implementing acts adopted under this paragraph.

The implementing acts determining the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30 shall take account of the implementing acts adopted under this paragraph.

Amendment 277

Amendment 277

Proposal for a regulation

Proposal for a regulation

Article 38 a (new)

Article 38 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 38a |
| | Annual performance monitoring |
| | 1.
     
  The Commission shall monitor the operations carried out under the interventions referred to in Regulation (EU) .../... [CAP Strategic Plan Regulation] and assess the correspondence between the realised output and the realised expenditure reported in the performance report from ... [two years after the date of application of this Regulation] and then every year thereafter. |
| | 2.
     
  Where, in the framework of the annual performance monitoring referred to in paragraph 1, the Commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 35 %, the Member State shall submit justifications before the review meeting referred to in Article 122 of that Regulation to the Commission. |
| | Where the Member State concerned cannot provide duly justified reasons for the difference, the Commission shall request from the Member State concerned an assessment of the issues affecting the implementation of the CAP Strategic Plan, in particular as regards potential future deviations from the relevant milestones in the future and foreseeable difficulties in meeting the relevant targets for result indicators in the framework of the multiannual performance review referred to in Article 121 of Regulation (EU) .../...[CAP Strategic Plan Regulation], and, where relevant, to describe the measures already taken and to be taken. |
| | The Commission may, where necessary, issue an early warning during the review meeting and ask the Member State to devise and implement the additional remedial actions for the following financial year. |
| | 3.
     
  No later than 15 March ... [two years after the date of application of this Regulation] and each subsequent year, the Commission shall transmit to the European Parliament a summary report on the annual performance monitoring carried out the previous calendar year, including early warnings issued. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 38a

Article 38a

Annual performance monitoring

Annual performance monitoring

1.
     
  The Commission shall monitor the operations carried out under the interventions referred to in Regulation (EU) .../... [CAP Strategic Plan Regulation] and assess the correspondence between the realised output and the realised expenditure reported in the performance report from ... [two years after the date of application of this Regulation] and then every year thereafter.

2.
     
  Where, in the framework of the annual performance monitoring referred to in paragraph 1, the Commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 35 %, the Member State shall submit justifications before the review meeting referred to in Article 122 of that Regulation to the Commission.

Where the Member State concerned cannot provide duly justified reasons for the difference, the Commission shall request from the Member State concerned an assessment of the issues affecting the implementation of the CAP Strategic Plan, in particular as regards potential future deviations from the relevant milestones in the future and foreseeable difficulties in meeting the relevant targets for result indicators in the framework of the multiannual performance review referred to in Article 121 of Regulation (EU) .../...[CAP Strategic Plan Regulation], and, where relevant, to describe the measures already taken and to be taken.

Where the Member State concerned cannot provide duly justified reasons for the difference, the Commission shall request from the Member State concerned an assessment of the issues affecting the implementation of the CAP Strategic Plan, in particular as regards potential future deviations from the relevant milestones in the future and foreseeable difficulties in meeting the relevant targets for result indicators in the framework of the multiannual performance review referred to in Article 121 of Regulation (EU) .../...[CAP Strategic Plan Regulation], and, where relevant, to describe the measures already taken and to be taken.

The Commission may, where necessary, issue an early warning during the review meeting and ask the Member State to devise and implement the additional remedial actions for the following financial year.

The Commission may, where necessary, issue an early warning during the review meeting and ask the Member State to devise and implement the additional remedial actions for the following financial year.

3.
     
  No later than 15 March ... [two years after the date of application of this Regulation] and each subsequent year, the Commission shall transmit to the European Parliament a summary report on the annual performance monitoring carried out the previous calendar year, including early warnings issued.

Amendment 278

Amendment 278

Proposal for a regulation

Proposal for a regulation

Article 39

Article 39

| Text proposed by the Commission | Amendment |
| --- | --- |
| Suspension of payments in relation to the multi-annual performance
  monitoring | Suspension
  and reductions
  of payments in relation to the multi-annual performance
  review |
| 1.   In case of delayed or insufficient progress towards
  targets
  , as set out in the national CAP Strategic Plan and monitored in accordance with Articles 115 and 116 of Regulation (EU) .../...[CAP Strategic Plan Regulation], the Commission may
  ask
  the Member State concerned to
  implement the necessary remedial actions in accordance with an action plan with clear progress indicators, to be established
  in consultation with the Commission. | 1.   
  The Commission shall carry out a multiannual performance review as referred in Article 121 of Regulation (EU) .../...[CAP Strategic Plan Regulation] based on the information provided in the performance reports from ... [two years after the date of application of this Regulation] and every two years thereafter. |
| | In
  the
  case of delayed or insufficient progress towards
  milestones for result indicators, and where the reported value of one or more result indicators
  , as set out in the national CAP Strategic Plan and monitored in accordance with Articles 115 and 116 of Regulation (EU).../...[CAP Strategic Plan Regulation],
  reveals a shortfall of more than 25 % for the reporting year concerned, the Member State concerned shall submit justification for that shortfall before the review meeting referred to in Article 122 of that Regulation. |
| | Where the Member State concerned cannot provide justification for the shortfall,
  the Commission may
  request during the review meeting
  the Member State concerned to
  devise and establish
  in consultation with the Commission
  an action plan and to implement such action plan
  . |
| | The Member State concerned shall submit to the Commission, within three months following the Commission's request, the action plan referred to in the second subparagraph, including the necessary remedial actions and the expected timeframe for its execution. That action plan shall clearly identify the interventions related to the result indicators for which the shortfall has been identified. |
| | Within a period of 30 days, the Commission shall either notify the Member State concerned in writing that it accepts the action plan or it shall send a request to the Member State concerned for its modifications. The Member State concerned shall comply with the action plan and respect the expected timeframe for its execution as accepted by the Commission. |
| The Commission
  may
  adopt
  implementing acts
  laying down further rules on the elements of action plans and the procedure for
  setting up the
  action plans.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3). | For the purpose of establishing the actions plans referred to in this paragraph,
  the Commission
  shall
  adopt
  delegated acts in accordance with Article 100, supplementing this Regulation by
  laying down further rules on the elements of
  those
  action plans
  , including, in particular, a definition of progress indicators
  and the procedure for
  establishing those
  action plans. |
| 2.   Where the Member
  States
  fails to submit or
  to
  implement the action plan referred to in paragraph 1 or if
  that action plan
  is manifestly insufficient to remedy the situation, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30. | 2.   Where the Member
  State concerned
  fails to submit or implement the action plan referred to in paragraph 1 or if
  the action plan submitted by that Member State
  is manifestly insufficient to remedy the situation, the Commission may
  , after consulting the Member State concerned and granting it an opportunity to respond within a period of 30 days,
  adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30. |
| | Where the Member State concerned responded and presented its observations and the Commission considered those observations insufficient, the Commission shall, where necessary and at the latest when the implementing act is adopted, provide justification as to why the observations presented were not sufficient. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2). |
| | The Commission shall take into account the timeframe indicated for the execution of the action plan before any suspension procedure is initiated under this Article. The Commission shall also take into account cases of force majeure and serious crisis, which could have prevented the Member State from proper implementation of its action plan including the achievement of milestones concerned. |
| The suspension shall be applied in accordance with the principle of proportionality to the relevant expenditure related to the interventions which were to be covered by that action plan. The Commission shall reimburse the suspended amounts when, on the basis of the performance review referred to in Article 121 of Regulation (EU) .../... [CAP Strategic Plan Regulation] satisfactory progress
  towards targets
  is achieved. If the situation is not remedied by
  the closure
  of the
  national CAP Strategic Plan
  , the Commission may adopt an implementing act definitively reducing the amount suspended for the Member State concerned. | The suspension shall be applied in accordance with the principle of proportionality to the relevant expenditure related to the interventions which were to be covered by that action plan. The Commission shall reimburse the suspended amounts when, on the basis of the performance review referred to in Article 121 of Regulation (EU) .../... [CAP Strategic Plan Regulation], satisfactory progress towards
  milestones for result indicators and the reported value of result indicators
  is achieved. |
| | For the purposes of this Article, ‘satisfactory progress’ means that the Member State concerned has implemented the action plan, and the reached milestones and the reported value of result indicators concerned constitutes a shortfall of less than 25 % for the reporting years concerned. |
| | The Member State concerned may voluntarily notify the Commission of the advancement of the action plan during the budget year in order to allow the Commission to assess the progress made in reaching the milestones. If a Member State can demonstrate that the shortfall, which led to the suspension, is reduced to less than 25 % during the budget year, the amounts suspended shall be reimbursed. |
| | If the situation is not remedied
  by end
  of the
  sixth month following the suspension
  , the Commission may adopt an implementing act definitively reducing the amount suspended for the Member State concerned.
  The amounts definitively reduced shall be reallocated to Member States to reward satisfactory performance as referred to in Article 39a. |
| The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the rate and duration of suspension of payments and the condition for reimbursing or reducing those amounts with regard to the multi-annual performance
  monitoring
  . | The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the rate and duration of suspension of payments and the condition for reimbursing or reducing those amounts with regard to the multi-annual performance
  review
  . |
| 3.   The implementing acts provided for in paragraphs 1 and 2 shall be adopted in accordance with the advisory procedure referred to in Article 101(2). | 3.   The implementing acts provided for in paragraphs 1 and 2 shall be adopted in accordance with the advisory procedure referred to in Article 101(2). |
| Before adopting those implementing acts, the Commission shall inform the Member State concerned of its intention and shall ask it to respond within a period which shall not be less than 30 days. | Before adopting those implementing acts, the Commission shall inform the Member State concerned of its intention and shall ask it to respond within a period which shall not be less than 30 days. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Suspension of payments in relation to the multi-annual performance
  monitoring

monitoring

Suspension
  and reductions
  of payments in relation to the multi-annual performance
  review

and reductions

review

1.   In case of delayed or insufficient progress towards
  targets
  , as set out in the national CAP Strategic Plan and monitored in accordance with Articles 115 and 116 of Regulation (EU) .../...[CAP Strategic Plan Regulation], the Commission may
  ask
  the Member State concerned to
  implement the necessary remedial actions in accordance with an action plan with clear progress indicators, to be established
  in consultation with the Commission.

1.   
  The Commission shall carry out a multiannual performance review as referred in Article 121 of Regulation (EU) .../...[CAP Strategic Plan Regulation] based on the information provided in the performance reports from ... [two years after the date of application of this Regulation] and every two years thereafter.

In
  the
  case of delayed or insufficient progress towards
  milestones for result indicators, and where the reported value of one or more result indicators
  , as set out in the national CAP Strategic Plan and monitored in accordance with Articles 115 and 116 of Regulation (EU).../...[CAP Strategic Plan Regulation],
  reveals a shortfall of more than 25 % for the reporting year concerned, the Member State concerned shall submit justification for that shortfall before the review meeting referred to in Article 122 of that Regulation.

the

milestones for result indicators, and where the reported value of one or more result indicators

reveals a shortfall of more than 25 % for the reporting year concerned, the Member State concerned shall submit justification for that shortfall before the review meeting referred to in Article 122 of that Regulation.

Where the Member State concerned cannot provide justification for the shortfall,
  the Commission may
  request during the review meeting
  the Member State concerned to
  devise and establish
  in consultation with the Commission
  an action plan and to implement such action plan
  .

Where the Member State concerned cannot provide justification for the shortfall,

request during the review meeting

devise and establish

an action plan and to implement such action plan

The Member State concerned shall submit to the Commission, within three months following the Commission's request, the action plan referred to in the second subparagraph, including the necessary remedial actions and the expected timeframe for its execution. That action plan shall clearly identify the interventions related to the result indicators for which the shortfall has been identified.

The Member State concerned shall submit to the Commission, within three months following the Commission's request, the action plan referred to in the second subparagraph, including the necessary remedial actions and the expected timeframe for its execution. That action plan shall clearly identify the interventions related to the result indicators for which the shortfall has been identified.

Within a period of 30 days, the Commission shall either notify the Member State concerned in writing that it accepts the action plan or it shall send a request to the Member State concerned for its modifications. The Member State concerned shall comply with the action plan and respect the expected timeframe for its execution as accepted by the Commission.

Within a period of 30 days, the Commission shall either notify the Member State concerned in writing that it accepts the action plan or it shall send a request to the Member State concerned for its modifications. The Member State concerned shall comply with the action plan and respect the expected timeframe for its execution as accepted by the Commission.

The Commission
  may
  adopt
  implementing acts
  laying down further rules on the elements of action plans and the procedure for
  setting up the
  action plans.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

may

implementing acts

setting up the

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

For the purpose of establishing the actions plans referred to in this paragraph,
  the Commission
  shall
  adopt
  delegated acts in accordance with Article 100, supplementing this Regulation by
  laying down further rules on the elements of
  those
  action plans
  , including, in particular, a definition of progress indicators
  and the procedure for
  establishing those
  action plans.

For the purpose of establishing the actions plans referred to in this paragraph,

shall

delegated acts in accordance with Article 100, supplementing this Regulation by

those

, including, in particular, a definition of progress indicators

establishing those

2.   Where the Member
  States
  fails to submit or
  to
  implement the action plan referred to in paragraph 1 or if
  that action plan
  is manifestly insufficient to remedy the situation, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30.

2.   Where the Member
  State concerned
  fails to submit or implement the action plan referred to in paragraph 1 or if
  the action plan submitted by that Member State
  is manifestly insufficient to remedy the situation, the Commission may
  , after consulting the Member State concerned and granting it an opportunity to respond within a period of 30 days,
  adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30.

Where the Member State concerned responded and presented its observations and the Commission considered those observations insufficient, the Commission shall, where necessary and at the latest when the implementing act is adopted, provide justification as to why the observations presented were not sufficient. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

Where the Member State concerned responded and presented its observations and the Commission considered those observations insufficient, the Commission shall, where necessary and at the latest when the implementing act is adopted, provide justification as to why the observations presented were not sufficient. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

The Commission shall take into account the timeframe indicated for the execution of the action plan before any suspension procedure is initiated under this Article. The Commission shall also take into account cases of force majeure and serious crisis, which could have prevented the Member State from proper implementation of its action plan including the achievement of milestones concerned.

The Commission shall take into account the timeframe indicated for the execution of the action plan before any suspension procedure is initiated under this Article. The Commission shall also take into account cases of force majeure and serious crisis, which could have prevented the Member State from proper implementation of its action plan including the achievement of milestones concerned.

The suspension shall be applied in accordance with the principle of proportionality to the relevant expenditure related to the interventions which were to be covered by that action plan. The Commission shall reimburse the suspended amounts when, on the basis of the performance review referred to in Article 121 of Regulation (EU) .../... [CAP Strategic Plan Regulation] satisfactory progress
  towards targets
  is achieved. If the situation is not remedied by
  the closure
  of the
  national CAP Strategic Plan
  , the Commission may adopt an implementing act definitively reducing the amount suspended for the Member State concerned.

towards targets

the closure

national CAP Strategic Plan

The suspension shall be applied in accordance with the principle of proportionality to the relevant expenditure related to the interventions which were to be covered by that action plan. The Commission shall reimburse the suspended amounts when, on the basis of the performance review referred to in Article 121 of Regulation (EU) .../... [CAP Strategic Plan Regulation], satisfactory progress towards
  milestones for result indicators and the reported value of result indicators
  is achieved.

milestones for result indicators and the reported value of result indicators

For the purposes of this Article, ‘satisfactory progress’ means that the Member State concerned has implemented the action plan, and the reached milestones and the reported value of result indicators concerned constitutes a shortfall of less than 25 % for the reporting years concerned.

For the purposes of this Article, ‘satisfactory progress’ means that the Member State concerned has implemented the action plan, and the reached milestones and the reported value of result indicators concerned constitutes a shortfall of less than 25 % for the reporting years concerned.

The Member State concerned may voluntarily notify the Commission of the advancement of the action plan during the budget year in order to allow the Commission to assess the progress made in reaching the milestones. If a Member State can demonstrate that the shortfall, which led to the suspension, is reduced to less than 25 % during the budget year, the amounts suspended shall be reimbursed.

The Member State concerned may voluntarily notify the Commission of the advancement of the action plan during the budget year in order to allow the Commission to assess the progress made in reaching the milestones. If a Member State can demonstrate that the shortfall, which led to the suspension, is reduced to less than 25 % during the budget year, the amounts suspended shall be reimbursed.

If the situation is not remedied
  by end
  of the
  sixth month following the suspension
  , the Commission may adopt an implementing act definitively reducing the amount suspended for the Member State concerned.
  The amounts definitively reduced shall be reallocated to Member States to reward satisfactory performance as referred to in Article 39a.

by end

sixth month following the suspension

The amounts definitively reduced shall be reallocated to Member States to reward satisfactory performance as referred to in Article 39a.

The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the rate and duration of suspension of payments and the condition for reimbursing or reducing those amounts with regard to the multi-annual performance
  monitoring
  .

monitoring

The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the rate and duration of suspension of payments and the condition for reimbursing or reducing those amounts with regard to the multi-annual performance
  review
  .

review

3.   The implementing acts provided for in paragraphs 1 and 2 shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

3.   The implementing acts provided for in paragraphs 1 and 2 shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

Before adopting those implementing acts, the Commission shall inform the Member State concerned of its intention and shall ask it to respond within a period which shall not be less than 30 days.

Before adopting those implementing acts, the Commission shall inform the Member State concerned of its intention and shall ask it to respond within a period which shall not be less than 30 days.

Amendment 279

Amendment 279

Proposal for a regulation

Proposal for a regulation

Article 39 a (new)

Article 39 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 39a |
| | Redistribution of funds resulting from payment reductions in relation to the multi-annual performance review |
| | 1.
     
  Funds resulting from reductions according to Article 39(3) of this Regulation shall be placed in a performance reserve and used to reward Member States where performance has been satisfactory in relation to the specific objectives referred to in Article 6(1) of Regulation (EU) .../... [CAP Strategic Plan Regulation] and further specified in their CAP Strategic Plan. |
| | 2.
     
  Such funds may be attributed to Member States at the end of the CAP Strategic Plans to reward satisfactory performance provided that the Member State concerned has met the condition set out in paragraph 3 of this Article. |
| | 3.
     
  Based on the last multi-annual performance review, funds shall be attributed only to the Member States, which have achieved at least 90 % of their target value in relation to the result indicators applied to the specific objectives set out in Article 6(1) of Regulation (EU) .../... [CAP Strategic Plan Regulation] and set out in their CAP Strategic Plan. |
| | The Commission shall within two months after the receipt of the last performance report of all Member State referred to in Article 121(2) of Regulation (EU) .../... [CAP Strategic Plan Regulation] adopt an implementing act without applying the committee procedure referred to in Article 101 to decide for each Member State whether the respective CAP Strategic Plans have achieved the target values referred to in paragraph 3 of this Article. |
| | 4.
     
  Where the target values referred to in paragraph 3 are achieved, an amount shall be calculated and granted by the Commission to the Member State(s) concerned and considered to be definitely allocated to financial year after the closure of the CAP Strategic Plans on the basis of the decision referred to in the same paragraph. When attributing the funds, the Commission may take into consideration the cases of force majeure and serious socio-economic crises impeding the achievement of the relevant milestones. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 39a

Article 39a

Redistribution of funds resulting from payment reductions in relation to the multi-annual performance review

Redistribution of funds resulting from payment reductions in relation to the multi-annual performance review

1.
     
  Funds resulting from reductions according to Article 39(3) of this Regulation shall be placed in a performance reserve and used to reward Member States where performance has been satisfactory in relation to the specific objectives referred to in Article 6(1) of Regulation (EU) .../... [CAP Strategic Plan Regulation] and further specified in their CAP Strategic Plan.

2.
     
  Such funds may be attributed to Member States at the end of the CAP Strategic Plans to reward satisfactory performance provided that the Member State concerned has met the condition set out in paragraph 3 of this Article.

3.
     
  Based on the last multi-annual performance review, funds shall be attributed only to the Member States, which have achieved at least 90 % of their target value in relation to the result indicators applied to the specific objectives set out in Article 6(1) of Regulation (EU) .../... [CAP Strategic Plan Regulation] and set out in their CAP Strategic Plan.

The Commission shall within two months after the receipt of the last performance report of all Member State referred to in Article 121(2) of Regulation (EU) .../... [CAP Strategic Plan Regulation] adopt an implementing act without applying the committee procedure referred to in Article 101 to decide for each Member State whether the respective CAP Strategic Plans have achieved the target values referred to in paragraph 3 of this Article.

The Commission shall within two months after the receipt of the last performance report of all Member State referred to in Article 121(2) of Regulation (EU) .../... [CAP Strategic Plan Regulation] adopt an implementing act without applying the committee procedure referred to in Article 101 to decide for each Member State whether the respective CAP Strategic Plans have achieved the target values referred to in paragraph 3 of this Article.

4.
     
  Where the target values referred to in paragraph 3 are achieved, an amount shall be calculated and granted by the Commission to the Member State(s) concerned and considered to be definitely allocated to financial year after the closure of the CAP Strategic Plans on the basis of the decision referred to in the same paragraph. When attributing the funds, the Commission may take into consideration the cases of force majeure and serious socio-economic crises impeding the achievement of the relevant milestones.

Amendment 224

Amendment 224

Proposal for a regulation

Proposal for a regulation

Article 40

Article 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  In case of
  serious deficiencies in the functioning of the governance systems, the Commission
  may ask
  the Member State concerned to implement the necessary remedial actions in accordance with an action plan with clear progress indicators
  , to
  be established in consultation with the Commission. | 1.   
  Where
  serious deficiencies in the functioning of the governance systems
  are detected and indicated in the management declaration of a paying agency, in the opinion of the certification body or during Commission’s checks under Article 47
  , the Commission
  shall ask the Member State concerned to respond and provide comments on the findings within a period of two months after the request in order to assess the need for remedial actions and, where necessary, an action plan. After expiry of that period, the Commission shall, where necessary, request
  the Member State concerned to implement the necessary remedial actions in accordance with an action plan with clear progress indicators
  which shall
  be established in consultation with the Commission. |
| | The Member State concerned shall, within three months following the Commission's request, submit to the Commission the action plan referred to in the first subparagraph, including the necessary remedial actions and the expected time frame for its execution. The Commission shall either notify the Member State concerned in writing that it accepts the action plan or it shall send to the Member State concerned a request for modifications. The Member State concerned shall comply with the action plan and respect the expected time frame for its execution as accepted by the Commission. |
| The Commission may adopt
  implementing acts
  laying down further rules on the elements of the action plans and the procedure for
  setting up the action plans
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3). | The Commission may adopt
  delegated acts in accordance with Article 100, supplementing this Regulation by
  laying down further rules on the elements of the action plans
  referred to in this paragraph
  and the procedure for
  establishing them
  . |
| 2.   Where the Member State fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30. | 2.   Where the Member State fails to submit or to implement the action plan referred to in paragraph 1
  of this Article
  or if that action plan is manifestly insufficient to remedy the situation
  or if it has not been applied in accordance with the written request of the Commission as referred to in that paragraph
  , the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30.
  Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2). |
| The suspension shall be applied in accordance with the principle of proportionality to the relevant expenditure effected by the Member State where the deficiencies exist, for a period to be determined in the implementing acts referred to in the first subparagraph, which shall not exceed 12 months. If the conditions for the suspension continue to be met, the Commission may adopt implementing acts prolonging that period for further periods not exceeding 12 months in total. The amounts suspended shall be taken into account when adopting the implementing acts referred to in Article 53. | The suspension shall be applied in accordance with the principle of proportionality to the relevant expenditure effected by the Member State where the deficiencies exist, for a period to be determined in the implementing acts referred to in the first subparagraph, which shall not exceed 12 months. If the conditions for the suspension continue to be met, the Commission may adopt implementing acts prolonging that period for further periods not exceeding 12 months in total. The amounts suspended shall be taken into account when adopting the implementing acts referred to in Article 53. |
| 3.   
  The implementing acts provided for in this Article shall be adopted in accordance with the advisory procedure referred to in Article 101(2). | |
| Before adopting the implementing acts referred to in paragraph 2, the Commission shall inform the Member State concerned of its intention and shall ask it to respond within a period which shall not be less than 30 days. | 3.   Before adopting the implementing acts referred to in paragraph 2, the Commission shall inform the Member State concerned of its intention and shall ask it to respond within a period which shall not be less than 30 days.
  Where the Member State concerned responded and presented its observations, and the Commission considered those observations insufficient, the Commission shall, where necessary and at the latest when the implementing act is adopted, provide justification as to why the observations presented were not sufficient. |
| The implementing acts determining the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30 shall take account of the
  implementing
  acts adopted under the
  first
  subparagraph of
  this
  paragraph. | The implementing acts determining the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30 shall take account of the
  delegated
  acts adopted under the
  third
  subparagraph of paragraph
  1
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   
  In case of
  serious deficiencies in the functioning of the governance systems, the Commission
  may ask
  the Member State concerned to implement the necessary remedial actions in accordance with an action plan with clear progress indicators
  , to
  be established in consultation with the Commission.

1.   
  Where
  serious deficiencies in the functioning of the governance systems
  are detected and indicated in the management declaration of a paying agency, in the opinion of the certification body or during Commission’s checks under Article 47
  , the Commission
  shall ask the Member State concerned to respond and provide comments on the findings within a period of two months after the request in order to assess the need for remedial actions and, where necessary, an action plan. After expiry of that period, the Commission shall, where necessary, request
  the Member State concerned to implement the necessary remedial actions in accordance with an action plan with clear progress indicators
  which shall
  be established in consultation with the Commission.

The Member State concerned shall, within three months following the Commission's request, submit to the Commission the action plan referred to in the first subparagraph, including the necessary remedial actions and the expected time frame for its execution. The Commission shall either notify the Member State concerned in writing that it accepts the action plan or it shall send to the Member State concerned a request for modifications. The Member State concerned shall comply with the action plan and respect the expected time frame for its execution as accepted by the Commission.

The Member State concerned shall, within three months following the Commission's request, submit to the Commission the action plan referred to in the first subparagraph, including the necessary remedial actions and the expected time frame for its execution. The Commission shall either notify the Member State concerned in writing that it accepts the action plan or it shall send to the Member State concerned a request for modifications. The Member State concerned shall comply with the action plan and respect the expected time frame for its execution as accepted by the Commission.

The Commission may adopt
  implementing acts
  laying down further rules on the elements of the action plans and the procedure for
  setting up the action plans
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

implementing acts

setting up the action plans

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

The Commission may adopt
  delegated acts in accordance with Article 100, supplementing this Regulation by
  laying down further rules on the elements of the action plans
  referred to in this paragraph
  and the procedure for
  establishing them
  .

delegated acts in accordance with Article 100, supplementing this Regulation by

referred to in this paragraph

establishing them

2.   Where the Member State fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30.

2.   Where the Member State fails to submit or to implement the action plan referred to in paragraph 1
  of this Article
  or if that action plan is manifestly insufficient to remedy the situation
  or if it has not been applied in accordance with the written request of the Commission as referred to in that paragraph
  , the Commission may adopt implementing acts suspending the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30.
  Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

The suspension shall be applied in accordance with the principle of proportionality to the relevant expenditure effected by the Member State where the deficiencies exist, for a period to be determined in the implementing acts referred to in the first subparagraph, which shall not exceed 12 months. If the conditions for the suspension continue to be met, the Commission may adopt implementing acts prolonging that period for further periods not exceeding 12 months in total. The amounts suspended shall be taken into account when adopting the implementing acts referred to in Article 53.

The suspension shall be applied in accordance with the principle of proportionality to the relevant expenditure effected by the Member State where the deficiencies exist, for a period to be determined in the implementing acts referred to in the first subparagraph, which shall not exceed 12 months. If the conditions for the suspension continue to be met, the Commission may adopt implementing acts prolonging that period for further periods not exceeding 12 months in total. The amounts suspended shall be taken into account when adopting the implementing acts referred to in Article 53.

3.   
  The implementing acts provided for in this Article shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

Before adopting the implementing acts referred to in paragraph 2, the Commission shall inform the Member State concerned of its intention and shall ask it to respond within a period which shall not be less than 30 days.

3.   Before adopting the implementing acts referred to in paragraph 2, the Commission shall inform the Member State concerned of its intention and shall ask it to respond within a period which shall not be less than 30 days.
  Where the Member State concerned responded and presented its observations, and the Commission considered those observations insufficient, the Commission shall, where necessary and at the latest when the implementing act is adopted, provide justification as to why the observations presented were not sufficient.

The implementing acts determining the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30 shall take account of the
  implementing
  acts adopted under the
  first
  subparagraph of
  this
  paragraph.

implementing

first

this

The implementing acts determining the monthly payments referred to in Article 19(3) or the interim payments referred to in Article 30 shall take account of the
  delegated
  acts adopted under the
  third
  subparagraph of paragraph
  1
  .

delegated

third

1

Amendment 121

Amendment 121

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 2 — subparagraph 2 — point a

Article 42 — paragraph 2 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | prior to 1 December but not before 16 October, pay advances of up to 50 % for direct payments interventions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

prior to 1 December but not before 16 October, pay advances of up to 50 % for direct payments interventions;

| (a) | prior to 1 December but not before 16 October, pay advances of up to 50 % for direct payments interventions
  and for the measures referred to in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively
  ; |
| --- | --- |

(a)

prior to 1 December but not before 16 October, pay advances of up to 50 % for direct payments interventions
  and for the measures referred to in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively
  ;

and for the measures referred to in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively

Amendment 122

Amendment 122

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 3

Article 42 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States may decide to pay advances of up to 50 % under the interventions referred to in Articles 68 and 71 of Regulation (EU)
  No
  .../...[CAP Strategic Plan Regulation]. | 3.   Member States may decide to pay advances of up to 50 % under the interventions referred to in Articles 68 and 71
  and Chapter III of Title III
  of Regulation (EU) .../... [CAP Strategic Plan Regulation]
  as well as Section I of Chapter II of Regulation (EU) No 1308/2013
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Member States may decide to pay advances of up to 50 % under the interventions referred to in Articles 68 and 71 of Regulation (EU)
  No
  .../...[CAP Strategic Plan Regulation].

3.   Member States may decide to pay advances of up to 50 % under the interventions referred to in Articles 68 and 71
  and Chapter III of Title III
  of Regulation (EU) .../... [CAP Strategic Plan Regulation]
  as well as Section I of Chapter II of Regulation (EU) No 1308/2013
  .

Amendment 123

Amendment 123

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2

Article 43 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The sums referred to in paragraph 1 shall be paid to the Union's budget and, in the event of reuse, shall be used exclusively to finance EAGF or EAFRD expenditure. | 2.   The sums referred to in paragraph 1 shall be paid to the Union's budget and, in the event of reuse, shall be used exclusively to finance EAGF or EAFRD expenditure
  , respectively, and shall predominantly fund the agricultural reserve established under the EAGF, within the limits laid down in Article 14
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The sums referred to in paragraph 1 shall be paid to the Union's budget and, in the event of reuse, shall be used exclusively to finance EAGF or EAFRD expenditure.

2.   The sums referred to in paragraph 1 shall be paid to the Union's budget and, in the event of reuse, shall be used exclusively to finance EAGF or EAFRD expenditure
  , respectively, and shall predominantly fund the agricultural reserve established under the EAGF, within the limits laid down in Article 14
  .

Amendment 124

Amendment 124

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 1 — subparagraph 1

Article 44 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The provision of information financed pursuant to point (e) of Article 7 shall aim, in particular, to help explain, implement and develop the CAP and to raise public awareness of its content and objectives
  to reinstate
  consumer confidence following crises through information campaigns, to inform farmers and other parties active in rural areas and to promote
  the European
  model of agriculture, as well as to help citizens understand it. | The provision of information financed pursuant to point (e) of Article 7 shall aim, in particular, to help explain, implement and develop the CAP and to raise public awareness of its content and objectives
  including its interaction with the climate, environment, animal welfare and development. This is to inform citizens about the challenges faced in agriculture and food, to inform farmers and consumers, to restore
  consumer confidence following crises through information campaigns, to inform farmers and other parties active in rural areas and to promote
  a more sustainable Union
  model of agriculture, as well as to help citizens understand it. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The provision of information financed pursuant to point (e) of Article 7 shall aim, in particular, to help explain, implement and develop the CAP and to raise public awareness of its content and objectives
  to reinstate
  consumer confidence following crises through information campaigns, to inform farmers and other parties active in rural areas and to promote
  the European
  model of agriculture, as well as to help citizens understand it.

to reinstate

the European

The provision of information financed pursuant to point (e) of Article 7 shall aim, in particular, to help explain, implement and develop the CAP and to raise public awareness of its content and objectives
  including its interaction with the climate, environment, animal welfare and development. This is to inform citizens about the challenges faced in agriculture and food, to inform farmers and consumers, to restore
  consumer confidence following crises through information campaigns, to inform farmers and other parties active in rural areas and to promote
  a more sustainable Union
  model of agriculture, as well as to help citizens understand it.

including its interaction with the climate, environment, animal welfare and development. This is to inform citizens about the challenges faced in agriculture and food, to inform farmers and consumers, to restore

a more sustainable Union

Amendment 125

Amendment 125

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 1 — subparagraph 2

Article 44 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| It shall supply coherent, objective and comprehensive information, both inside and outside the Union. | It shall supply coherent
  , impartial, evidence-based
  , objective and comprehensive information, both inside and outside the Union
  by means of a communication plan
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

It shall supply coherent, objective and comprehensive information, both inside and outside the Union.

It shall supply coherent
  , impartial, evidence-based
  , objective and comprehensive information, both inside and outside the Union
  by means of a communication plan
  .

, impartial, evidence-based

by means of a communication plan

Amendment 126

Amendment 126

Proposal for a regulation

Proposal for a regulation

Article 45 — paragraph 1 — subparagraph 1

Article 45 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission is empowered to adopt delegated acts in accordance with Article 100 in order to supplement this Regulation concerning the conditions under which certain types of expenditure and revenue under the Funds are to be compensated. | The Commission is empowered to adopt delegated acts in accordance with Article 100 in order to supplement this Regulation concerning the conditions
  relating to the details of expenditure declarations
  under which certain types of expenditure and revenue under the Funds are to be compensated. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 100 in order to supplement this Regulation concerning the conditions under which certain types of expenditure and revenue under the Funds are to be compensated.

The Commission is empowered to adopt delegated acts in accordance with Article 100 in order to supplement this Regulation concerning the conditions
  relating to the details of expenditure declarations
  under which certain types of expenditure and revenue under the Funds are to be compensated.

relating to the details of expenditure declarations

Amendment 127

Amendment 127

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 1

Article 46 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the purposes of Article 127 of the Financial Regulation, the Commission shall take assurance from the work of the certification bodies referred to in Article 11 of this Regulation,
  unless it has informed the Member State that it cannot rely on the work of the certification body for a given financial year,
  and
  it
  shall take it into account in its risk assessment of the need for Commission audits in the Member State concerned. | For the purposes of Article 127 of the Financial Regulation, the Commission shall take assurance from the work of the certification bodies referred to in Article 11 of this Regulation, and shall take it into account in its risk assessment of the need for Commission audits in the Member State concerned
  , unless it has informed that Member State that it is unable to rely on that work
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the purposes of Article 127 of the Financial Regulation, the Commission shall take assurance from the work of the certification bodies referred to in Article 11 of this Regulation,
  unless it has informed the Member State that it cannot rely on the work of the certification body for a given financial year,
  and
  it
  shall take it into account in its risk assessment of the need for Commission audits in the Member State concerned.

unless it has informed the Member State that it cannot rely on the work of the certification body for a given financial year,

it

For the purposes of Article 127 of the Financial Regulation, the Commission shall take assurance from the work of the certification bodies referred to in Article 11 of this Regulation, and shall take it into account in its risk assessment of the need for Commission audits in the Member State concerned
  , unless it has informed that Member State that it is unable to rely on that work
  .

, unless it has informed that Member State that it is unable to rely on that work

Amendment 282

Amendment 282

Proposal for a regulation

Proposal for a regulation

Article 47

Article 47

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Without prejudice to the checks carried out by Member States under national law, regulations and administrative provisions or Article 287 of the Treaty or to any check organised under Article 322 of the Treaty or based on Council Regulation (Euratom, EC) No 2185/96, the Commission may organise checks in Member States with a view to verifying
  in particular
  : | 1.   Without prejudice to the checks carried out by Member States under national law, regulations and administrative provisions or Article 287 of the Treaty or to any check organised under Article 322 of the Treaty or based on Council Regulation (Euratom, EC) No 2185/96
  or to Article 127 of the Financial Regulation
  , the Commission may organise checks in Member States with a view to verifying: |
| (a) | compliance of administrative practices with Union rules; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Without prejudice to the checks carried out by Member States under national law, regulations and administrative provisions or Article 287 of the Treaty or to any check organised under Article 322 of the Treaty or based on Council Regulation (Euratom, EC) No 2185/96, the Commission may organise checks in Member States with a view to verifying
  in particular
  :

1.   Without prejudice to the checks carried out by Member States under national law, regulations and administrative provisions or Article 287 of the Treaty or to any check organised under Article 322 of the Treaty or based on Council Regulation (Euratom, EC) No 2185/96
  or to Article 127 of the Financial Regulation
  , the Commission may organise checks in Member States with a view to verifying:

(a)

compliance of administrative practices with Union rules;

| (a) | compliance of administrative practices with Union rules; |
| --- | --- |

(a)

compliance of administrative practices with Union rules;

| (b) | whether the
  expenditure
  falling within the scope of Articles 5(2) and 6 and corresponding to the interventions referred to in Regulation (EU) .../...[CAP Strategic Plan Regulation] have
  a corresponding output as reported in the annual performance report
  ; |
| --- | --- |

(b)

whether the
  expenditure
  falling within the scope of Articles 5(2) and 6 and corresponding to the interventions referred to in Regulation (EU) .../...[CAP Strategic Plan Regulation] have
  a corresponding output as reported in the annual performance report
  ;

expenditure

a corresponding output as reported in the annual performance report

| (b) | whether the
  operations
  falling within the scope of Articles 5(2) and 6 and corresponding to the interventions referred to in Regulation (EU) .../...[CAP Strategic Plan Regulation] have
  been effected in accordance with Union requirements and checked in order to ensure compliance with those requirements
  ; |
| --- | --- |

(b)

whether the
  operations
  falling within the scope of Articles 5(2) and 6 and corresponding to the interventions referred to in Regulation (EU) .../...[CAP Strategic Plan Regulation] have
  been effected in accordance with Union requirements and checked in order to ensure compliance with those requirements
  ;

operations

been effected in accordance with Union requirements and checked in order to ensure compliance with those requirements

| (ba) | whether the other operations falling within the scope of Articles 5(2) and 6 have been effected and checked in accordance with Union law; |
| --- | --- |

(ba)

(ba)

whether the other operations falling within the scope of Articles 5(2) and 6 have been effected and checked in accordance with Union law;

whether the other operations falling within the scope of Articles 5(2) and 6 have been effected and checked in accordance with Union law;

| (c) | whether the work of the certification body is carried out in accordance with Article 11 and for the purposes of Section 2 of this Chapter; |
| --- | --- |

(c)

whether the work of the certification body is carried out in accordance with Article 11 and for the purposes of Section 2 of this Chapter;

| (c) | whether the work of the certification body is carried out in accordance with Article 11 and for the purposes of Section 2 of this Chapter; |
| --- | --- |

(c)

whether the work of the certification body is carried out in accordance with Article 11 and for the purposes of Section 2 of this Chapter;

| (d) | whether a paying agency complies with the accreditation criteria laid down in Article 8(2) and whether the Member State correctly applies Article 8(5). |
| --- | --- |

(d)

whether a paying agency complies with the accreditation criteria laid down in Article 8(2) and whether the Member State correctly applies Article 8(5).

| (d) | whether a paying agency complies with the accreditation criteria laid down in Article 8(2) and whether the Member State correctly applies Article 8(5); |
| --- | --- |

(d)

whether a paying agency complies with the accreditation criteria laid down in Article 8(2) and whether the Member State correctly applies Article 8(5);

| (da) | whether the action plans referred to in Articles 39 and 40 are correctly implemented. |
| --- | --- |

(da)

(da)

whether the action plans referred to in Articles 39 and 40 are correctly implemented.

whether the action plans referred to in Articles 39 and 40 are correctly implemented.

If the Commission cannot rely on the work of the certification body as referred to in Article 46, in the case of serious deficiencies detected in the Member State’s governance, management and control system or to ensure that the financial interests of the Union are protected in accordance with Article 57 of this Regulation, the Commission may carry out extended monitoring, including on-the-spot checks as long as the serious deficiencies in the governance system persist.

If the Commission cannot rely on the work of the certification body as referred to in Article 46, in the case of serious deficiencies detected in the Member State’s governance, management and control system or to ensure that the financial interests of the Union are protected in accordance with Article 57 of this Regulation, the Commission may carry out extended monitoring, including on-the-spot checks as long as the serious deficiencies in the governance system persist.

Persons authorised by the Commission to carry out checks on its behalf, or Commission agents acting within the scope of the powers conferred on them, shall have access to the books and all other documents, including documents and metadata drawn up or received and recorded on an electronic medium, relating to expenditure financed by the EAGF or the EAFRD.

Persons authorised by the Commission to carry out checks on its behalf, or Commission agents acting within the scope of the powers conferred on them, shall have access to the books and all other documents, including documents and metadata drawn up or received and recorded on an electronic medium, relating to expenditure financed by the EAGF or the EAFRD.

The powers to carry out checks shall not affect the application of national provisions which reserve certain acts for agents specifically designated by national law. Without prejudice to the specific provisions of Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, persons authorised by the Commission to act on its behalf shall not take part, inter alia, in home visits or the formal questioning of persons on the basis of law of the Member State concerned. However, they shall have access to information thus obtained.

The powers to carry out checks shall not affect the application of national provisions which reserve certain acts for agents specifically designated by national law. Without prejudice to the specific provisions of Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, persons authorised by the Commission to act on its behalf shall not take part, inter alia, in home visits or the formal questioning of persons on the basis of law of the Member State concerned. However, they shall have access to information thus obtained.

2.   The Commission shall give sufficient prior notice of a check to the Member State concerned or to the Member State within whose territory the check is to take place, taking into account the administrative impact on paying agencies when organising checks. Agents from the Member State concerned may take part in such checks.

2.   The Commission shall give sufficient prior notice of a check to the Member State concerned or to the Member State within whose territory the check is to take place, taking into account the administrative impact on paying agencies when organising checks. Agents from the Member State concerned may take part in such checks.

At the request of the Commission and with the agreement of the Member State, additional checks or inquiries into the operations covered by this Regulation shall be undertaken by the competent bodies of that Member State. Commission agents or persons authorised by the Commission to act on its behalf may take part in such checks.

At the request of the Commission and with the agreement of the Member State, additional checks or inquiries into the operations covered by this Regulation shall be undertaken by the competent bodies of that Member State. Commission agents or persons authorised by the Commission to act on its behalf may take part in such checks.

In order to improve checks, the Commission may, with the agreement of the Member States concerned, request the assistance of the authorities of those Member States for certain checks or inquiries.

In order to improve checks, the Commission may, with the agreement of the Member States concerned, request the assistance of the authorities of those Member States for certain checks or inquiries.

Amendment 132

Amendment 132

Proposal for a regulation

Proposal for a regulation

Article 48 — paragraph 3

Article 48 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States shall make available to the Commission information about irregularities within the meaning of Regulation (
  EU
  , Euratom) No 2988/95 and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, suspected fraud cases detected, and information about the steps taken pursuant to Section 3 of this Chapter to recover undue payments in connection with those irregularities and frauds. | 3.   Member States shall make available to the Commission information about irregularities within the meaning of Regulation (
  EC
  , Euratom) No 2988/95 and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, suspected fraud cases detected, and information about the steps taken pursuant to Section 3 of this Chapter to recover undue payments in connection with those irregularities and frauds.
  The Commission shall summarise that information and publish multiannual reports, communicating them to the European Parliament. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Member States shall make available to the Commission information about irregularities within the meaning of Regulation (
  EU
  , Euratom) No 2988/95 and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, suspected fraud cases detected, and information about the steps taken pursuant to Section 3 of this Chapter to recover undue payments in connection with those irregularities and frauds.

3.   Member States shall make available to the Commission information about irregularities within the meaning of Regulation (
  EC
  , Euratom) No 2988/95 and other cases of non-compliance with the conditions established by Member States in the CAP Strategic Plan, suspected fraud cases detected, and information about the steps taken pursuant to Section 3 of this Chapter to recover undue payments in connection with those irregularities and frauds.
  The Commission shall summarise that information and publish multiannual reports, communicating them to the European Parliament.

Amendment 280

Amendment 280

Proposal for a regulation

Proposal for a regulation

Article 51

Article 51

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Prior to 31 May of the year following the budget year in question and on the basis of the information referred to in points (a) and (c) of Article 8(3), the Commission shall adopt implementing acts, containing its decision on the clearance of the accounts of the accredited paying agencies, for the expenditure referred to in Article 5(2) and Article 6. | 1.   Prior to 31 May of the year following the budget year in question and on the basis of the information referred to in points (a)
  , (b)
  and (c) of Article 8(3), the Commission shall adopt implementing acts, containing its decision on the clearance of the accounts of the accredited paying agencies, for the expenditure referred to in Article 5(2) and Article 6. |
| Those implementing acts shall cover the completeness, accuracy and veracity of the annual accounts submitted and shall be without prejudice to the content of the implementing acts subsequently adopted pursuant to
  Articles 52 and
  53. | Those implementing acts shall cover the completeness, accuracy and veracity of the annual accounts submitted and shall be without prejudice to the content of the implementing acts subsequently adopted pursuant to
  Article
  53. |
| Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2). | Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2). |
| 2.   The Commission shall adopt implementing acts laying down rules on the clearance of accounts provided for in paragraph 1 with regard to the measures to be taken in connection with the adoption of the implementing acts referred to in the second subparagraph of paragraph 1 and their implementation, including the information exchange between the Commission and the Member States and the deadlines to be respected. | 2.   The Commission shall adopt implementing acts laying down rules on the clearance of accounts provided for in paragraph 1 with regard to the measures to be taken in connection with the adoption of the implementing acts referred to in the second subparagraph of paragraph 1 and their implementation, including the information exchange between the Commission and the Member States and the deadlines to be respected. |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3). | Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Prior to 31 May of the year following the budget year in question and on the basis of the information referred to in points (a) and (c) of Article 8(3), the Commission shall adopt implementing acts, containing its decision on the clearance of the accounts of the accredited paying agencies, for the expenditure referred to in Article 5(2) and Article 6.

1.   Prior to 31 May of the year following the budget year in question and on the basis of the information referred to in points (a)
  , (b)
  and (c) of Article 8(3), the Commission shall adopt implementing acts, containing its decision on the clearance of the accounts of the accredited paying agencies, for the expenditure referred to in Article 5(2) and Article 6.

Those implementing acts shall cover the completeness, accuracy and veracity of the annual accounts submitted and shall be without prejudice to the content of the implementing acts subsequently adopted pursuant to
  Articles 52 and
  53.

Articles 52 and

Those implementing acts shall cover the completeness, accuracy and veracity of the annual accounts submitted and shall be without prejudice to the content of the implementing acts subsequently adopted pursuant to
  Article
  53.

Article

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

2.   The Commission shall adopt implementing acts laying down rules on the clearance of accounts provided for in paragraph 1 with regard to the measures to be taken in connection with the adoption of the implementing acts referred to in the second subparagraph of paragraph 1 and their implementation, including the information exchange between the Commission and the Member States and the deadlines to be respected.

2.   The Commission shall adopt implementing acts laying down rules on the clearance of accounts provided for in paragraph 1 with regard to the measures to be taken in connection with the adoption of the implementing acts referred to in the second subparagraph of paragraph 1 and their implementation, including the information exchange between the Commission and the Member States and the deadlines to be respected.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Amendment 141

Amendment 141

Proposal for a regulation

Proposal for a regulation

Article 52

Article 52

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 52 | deleted |
| Annual performance clearance | |
| 1.
     
  Where the expenditure referred to in Articles 5(2) and 6 and corresponding to the interventions referred to in Title III of Regulation (EU) .../... [CAP Strategic Plan Regulation] does not have a corresponding output as reported in the annual performance report, the Commission shall adopt implementing acts prior to 15 October of the year following the budget year in question determining the amounts to be reduced from Union financing. Those implementing acts shall be without prejudice to the content of the implementing acts subsequently adopted pursuant to Article 53 of this Regulation. | |
| Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2). | |
| 2.
     
  The Commission shall assess the amounts to be reduced on the basis of the difference between the annual expenditure declared for an intervention and the amount corresponding to the relevant reported output in accordance with the national CAP Strategic Plan and taking account of justifications provided by the Member State. | |
| 3.
     
  Before the adoption of the implementing act referred to in paragraph 1, the Commission shall give the Member State an opportunity to submit its comments and justify any differences. | |
| 4.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the criteria for justifications from the concerned Member State and the methodology and criteria for applying reductions. | |
| 5.
     
  The Commission shall adopt implementing acts laying down rules on the measures to be taken in connection with the adoption of the implementing act referred to in paragraph 1 and its implementation, including the information exchange between the Commission and the Member States, the procedure and the deadlines to be respected. | |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3). | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 52

Article 52

deleted

deleted

Annual performance clearance

Annual performance clearance

1.
     
  Where the expenditure referred to in Articles 5(2) and 6 and corresponding to the interventions referred to in Title III of Regulation (EU) .../... [CAP Strategic Plan Regulation] does not have a corresponding output as reported in the annual performance report, the Commission shall adopt implementing acts prior to 15 October of the year following the budget year in question determining the amounts to be reduced from Union financing. Those implementing acts shall be without prejudice to the content of the implementing acts subsequently adopted pursuant to Article 53 of this Regulation.

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

2.
     
  The Commission shall assess the amounts to be reduced on the basis of the difference between the annual expenditure declared for an intervention and the amount corresponding to the relevant reported output in accordance with the national CAP Strategic Plan and taking account of justifications provided by the Member State.

3.
     
  Before the adoption of the implementing act referred to in paragraph 1, the Commission shall give the Member State an opportunity to submit its comments and justify any differences.

4.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the criteria for justifications from the concerned Member State and the methodology and criteria for applying reductions.

5.
     
  The Commission shall adopt implementing acts laying down rules on the measures to be taken in connection with the adoption of the implementing act referred to in paragraph 1 and its implementation, including the information exchange between the Commission and the Member States, the procedure and the deadlines to be respected.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Amendment 281

Amendment 281

Proposal for a regulation

Proposal for a regulation

Article 53

Article 53

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where the Commission finds that the expenditure referred to in Article 5(2) and Article 6 has not been effected in conformity with Union law, the Commission shall adopt implementing acts determining the amounts to be excluded from Union financing. | 1.   Where the Commission finds that the expenditure referred to in Article 5(2) and Article 6 has not been effected in conformity with Union law, the Commission shall adopt implementing acts determining the amounts to be excluded from Union financing. |
| However, as regards the types of interventions referred to in Regulation (EU) .../... [CAP Strategic Plan Regulation] the exclusions from Union financing as referred to in the first subparagraph shall only apply in the case of serious deficiencies in the functioning of the Member States' governance systems. | |
| The first subparagraph shall not apply to cases of non-compliance with the eligibility conditions for individual beneficiaries laid down in the national CAP Strategic Plans and national rules. | |
| The implementing acts referred to in the first subparagraph shall be adopted in accordance with the advisory procedure referred to in Article 101(2). | The implementing acts referred to in the first subparagraph shall be adopted in accordance with the advisory procedure referred to in Article 101(2). |
| 2.   The Commission shall assess the amounts to be excluded on the basis of the gravity of
  the deficiencies found
  . | 2.   The Commission shall assess the amounts to be excluded on the basis of the gravity of
  non-conformity recorded. It shall take due account of the nature of the infringement and of the financial damage incurred by the Union
  .
  It shall base the exclusion on the amounts identified as unduly spent. Where it is not reasonably possible to calculate the exact amount, flat-rate corrections shall be used in a proportionate way. |
| 3.   Before the adoption of the implementing act referred to in paragraph 1, the Commission findings and the Member State's replies shall be notified in writing following which the two parties shall attempt to reach agreement on the action to be taken. Following this, the Member States shall be given the opportunity to demonstrate that the actual extent of the non-compliance is lower than the Commission's assessment. | 3.   Before the adoption of the implementing act referred to in paragraph 1, the Commission findings and the Member State's replies shall be notified in writing following which the two parties shall attempt to reach agreement on the action to be taken. Following this, the Member States shall be given the opportunity to demonstrate that the actual extent of the non-compliance is lower than the Commission's assessment. |
| If agreement is not reached, the Member State may request the opening of a procedure aimed at reconciling, within a period of four months, each party's position. A report on the outcome of the procedure shall be submitted to the Commission. The Commission shall take into account the recommendations in the report before making a decision to refuse financing and shall provide justification where it decides not to follow those recommendations. | If agreement is not reached, the Member State may request the opening of a procedure aimed at reconciling, within a period of four months, each party's position. A report on the outcome of the procedure shall be submitted to the Commission. The Commission shall take into account the recommendations in the report before making a decision to refuse financing and shall provide justification where it decides not to follow those recommendations. |
| 4.   Financing shall not be refused for: | 4.   Financing shall not be refused for: |
| (a) | expenditure as indicated in Article 5(2) which is effected more than 24 months before the Commission notifies the Member State in writing of its findings; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where the Commission finds that the expenditure referred to in Article 5(2) and Article 6 has not been effected in conformity with Union law, the Commission shall adopt implementing acts determining the amounts to be excluded from Union financing.

1.   Where the Commission finds that the expenditure referred to in Article 5(2) and Article 6 has not been effected in conformity with Union law, the Commission shall adopt implementing acts determining the amounts to be excluded from Union financing.

However, as regards the types of interventions referred to in Regulation (EU) .../... [CAP Strategic Plan Regulation] the exclusions from Union financing as referred to in the first subparagraph shall only apply in the case of serious deficiencies in the functioning of the Member States' governance systems.

However, as regards the types of interventions referred to in Regulation (EU) .../... [CAP Strategic Plan Regulation] the exclusions from Union financing as referred to in the first subparagraph shall only apply in the case of serious deficiencies in the functioning of the Member States' governance systems.

The first subparagraph shall not apply to cases of non-compliance with the eligibility conditions for individual beneficiaries laid down in the national CAP Strategic Plans and national rules.

The first subparagraph shall not apply to cases of non-compliance with the eligibility conditions for individual beneficiaries laid down in the national CAP Strategic Plans and national rules.

The implementing acts referred to in the first subparagraph shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

The implementing acts referred to in the first subparagraph shall be adopted in accordance with the advisory procedure referred to in Article 101(2).

2.   The Commission shall assess the amounts to be excluded on the basis of the gravity of
  the deficiencies found
  .

2.   The Commission shall assess the amounts to be excluded on the basis of the gravity of
  non-conformity recorded. It shall take due account of the nature of the infringement and of the financial damage incurred by the Union
  .
  It shall base the exclusion on the amounts identified as unduly spent. Where it is not reasonably possible to calculate the exact amount, flat-rate corrections shall be used in a proportionate way.

3.   Before the adoption of the implementing act referred to in paragraph 1, the Commission findings and the Member State's replies shall be notified in writing following which the two parties shall attempt to reach agreement on the action to be taken. Following this, the Member States shall be given the opportunity to demonstrate that the actual extent of the non-compliance is lower than the Commission's assessment.

3.   Before the adoption of the implementing act referred to in paragraph 1, the Commission findings and the Member State's replies shall be notified in writing following which the two parties shall attempt to reach agreement on the action to be taken. Following this, the Member States shall be given the opportunity to demonstrate that the actual extent of the non-compliance is lower than the Commission's assessment.

If agreement is not reached, the Member State may request the opening of a procedure aimed at reconciling, within a period of four months, each party's position. A report on the outcome of the procedure shall be submitted to the Commission. The Commission shall take into account the recommendations in the report before making a decision to refuse financing and shall provide justification where it decides not to follow those recommendations.

If agreement is not reached, the Member State may request the opening of a procedure aimed at reconciling, within a period of four months, each party's position. A report on the outcome of the procedure shall be submitted to the Commission. The Commission shall take into account the recommendations in the report before making a decision to refuse financing and shall provide justification where it decides not to follow those recommendations.

4.   Financing shall not be refused for:

4.   Financing shall not be refused for:

(a)

expenditure as indicated in Article 5(2) which is effected more than 24 months before the Commission notifies the Member State in writing of its findings;

| (a) | expenditure as indicated in Article 5(2) which is effected more than 24 months before the Commission notifies the Member State in writing of its findings; |
| --- | --- |

(a)

expenditure as indicated in Article 5(2) which is effected more than 24 months before the Commission notifies the Member State in writing of its findings;

| (b) | expenditure on multiannual interventions falling within the scope of Article 5(2) or within the scope of the rural development interventions as referred to in Article 6, where the final obligation on the beneficiary occurs more than 24 months before the Commission notifies the Member State in writing of its findings; |
| --- | --- |

(b)

expenditure on multiannual interventions falling within the scope of Article 5(2) or within the scope of the rural development interventions as referred to in Article 6, where the final obligation on the beneficiary occurs more than 24 months before the Commission notifies the Member State in writing of its findings;

| (b) | expenditure on multiannual interventions falling within the scope of Article 5(2) or within the scope of the rural development interventions as referred to in Article 6, where the final obligation on the beneficiary occurs more than 24 months before the Commission notifies the Member State in writing of its findings; |
| --- | --- |

(b)

expenditure on multiannual interventions falling within the scope of Article 5(2) or within the scope of the rural development interventions as referred to in Article 6, where the final obligation on the beneficiary occurs more than 24 months before the Commission notifies the Member State in writing of its findings;

| (c) | expenditure on rural development interventions, as referred to in Article 6, other than those referred to in point (b) of this paragraph, for which the payment or, as the case may be, the final payment, by the paying agency, is made more than 24 months before the Commission notifies the Member State in writing of its findings. |
| --- | --- |

(c)

expenditure on rural development interventions, as referred to in Article 6, other than those referred to in point (b) of this paragraph, for which the payment or, as the case may be, the final payment, by the paying agency, is made more than 24 months before the Commission notifies the Member State in writing of its findings.

| (c) | expenditure on rural development interventions, as referred to in Article 6, other than those referred to in point (b) of this paragraph, for which the payment or, as the case may be, the final payment, by the paying agency, is made more than 24 months before the Commission notifies the Member State in writing of its findings. |
| --- | --- |

(c)

expenditure on rural development interventions, as referred to in Article 6, other than those referred to in point (b) of this paragraph, for which the payment or, as the case may be, the final payment, by the paying agency, is made more than 24 months before the Commission notifies the Member State in writing of its findings.

5.   Paragraph 4 shall not apply in the case of:

5.   Paragraph 4 shall not apply in the case of:

| (a) | aids granted by a Member State for which the Commission has initiated the procedure laid down in Article 108(2) of the Treaty or infringements which the Commission has notified to the Member State concerned by a reasoned opinion in accordance with Article 258 of the Treaty; |
| --- | --- |

(a)

aids granted by a Member State for which the Commission has initiated the procedure laid down in Article 108(2) of the Treaty or infringements which the Commission has notified to the Member State concerned by a reasoned opinion in accordance with Article 258 of the Treaty;

| (a) | aids granted by a Member State for which the Commission has initiated the procedure laid down in Article 108(2) of the Treaty or infringements which the Commission has notified to the Member State concerned by a reasoned opinion in accordance with Article 258 of the Treaty; |
| --- | --- |

(a)

aids granted by a Member State for which the Commission has initiated the procedure laid down in Article 108(2) of the Treaty or infringements which the Commission has notified to the Member State concerned by a reasoned opinion in accordance with Article 258 of the Treaty;

| (b) | infringements by Member States of their obligations under Chapter III of Title IV of this Regulation, provided that the Commission notifies the Member State in writing of its findings within 12 months following receipt of the Member State's report on the results of its checks on the expenditure concerned. |
| --- | --- |

(b)

infringements by Member States of their obligations under Chapter III of Title IV of this Regulation, provided that the Commission notifies the Member State in writing of its findings within 12 months following receipt of the Member State's report on the results of its checks on the expenditure concerned.

| (b) | infringements by Member States of their obligations under Chapter III of Title IV of this Regulation, provided that the Commission notifies the Member State in writing of its findings within 12 months following receipt of the Member State's report on the results of its checks on the expenditure concerned. |
| --- | --- |

(b)

infringements by Member States of their obligations under Chapter III of Title IV of this Regulation, provided that the Commission notifies the Member State in writing of its findings within 12 months following receipt of the Member State's report on the results of its checks on the expenditure concerned.

6.   The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the criteria and methodology for applying financial corrections.

6.   The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on the criteria and methodology for applying financial corrections
  including flat-rate corrections referred to in paragraph 2 of this Article
  .

7.   The Commission shall adopt
  implementing acts
  laying down rules on the measures to be taken in connection with the adoption of the implementing act referred to in paragraph 1 and its implementation, including the information exchange between the Commission and the Member States, the deadlines to be respected and the conciliation procedure provided for in paragraph 3, including the establishment, tasks, composition and working arrangements of the conciliation body.

7.   The Commission shall adopt
  delegated acts in accordance with Article 100, supplementing this Regulation by
  laying down rules on the measures to be taken in connection with the adoption of the implementing act referred to in paragraph 1 and its implementation, including the information exchange between the Commission and the Member States, the deadlines to be respected and the conciliation procedure provided for in paragraph 3, including the establishment, tasks, composition and working arrangements of the conciliation body.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Amendment 146

Amendment 146

Proposal for a regulation

Proposal for a regulation

Article 53 a (new)

Article 53 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 53a |
| | Recoveries for non-compliance |
| | 1.
     
  Member States shall request recovery from the beneficiary for any undue payment following the occurrence of irregularities and other cases of non-compliance by beneficiaries with the conditions of the interventions referred in the CAP Strategic Plan and bring legal proceedings to that effect where necessary. |
| | 2.
     
  If the sum has not been recovered within four years of the date of the recovery request, or within eight years if the recovery is being dealt with by the national courts, 50 % of the financial cost of the non-recovery shall be borne by the Member State concerned and 50 % shall be borne by the Union, without prejudice to the requirement that the Member State concerned is to continue the recovery procedures in accordance with Article 57. |
| | 3.
     
  On duly justified grounds, Member States may decide not to pursue recovery. A decision to that effect may be taken only in the following cases: |
| | (a) | where the costs of recovery already incurred and the costs likely to be incurred total more than the amount to be recovered, which condition shall be considered to have been met if:










  (i) | the amount to be recovered from the beneficiary in the context of an individual payment for an intervention, not including interest, does not exceed EUR 100; or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 53a

Article 53a

Recoveries for non-compliance

Recoveries for non-compliance

1.
     
  Member States shall request recovery from the beneficiary for any undue payment following the occurrence of irregularities and other cases of non-compliance by beneficiaries with the conditions of the interventions referred in the CAP Strategic Plan and bring legal proceedings to that effect where necessary.

2.
     
  If the sum has not been recovered within four years of the date of the recovery request, or within eight years if the recovery is being dealt with by the national courts, 50 % of the financial cost of the non-recovery shall be borne by the Member State concerned and 50 % shall be borne by the Union, without prejudice to the requirement that the Member State concerned is to continue the recovery procedures in accordance with Article 57.

3.
     
  On duly justified grounds, Member States may decide not to pursue recovery. A decision to that effect may be taken only in the following cases:

(a)

(a)

where the costs of recovery already incurred and the costs likely to be incurred total more than the amount to be recovered, which condition shall be considered to have been met if:

where the costs of recovery already incurred and the costs likely to be incurred total more than the amount to be recovered, which condition shall be considered to have been met if:

(i)

(i)

the amount to be recovered from the beneficiary in the context of an individual payment for an intervention, not including interest, does not exceed EUR 100; or

the amount to be recovered from the beneficiary in the context of an individual payment for an intervention, not including interest, does not exceed EUR 100; or

| (ii) | the amount to be recovered from the beneficiary in the context of an individual payment for an intervention, not including interest, falls between EUR 100 and EUR 250 and the Member State concerned applies a threshold equal to or higher than the amount to be recovered under its national law for not pursuing national debts; |
| --- | --- |

(ii)

(ii)

the amount to be recovered from the beneficiary in the context of an individual payment for an intervention, not including interest, falls between EUR 100 and EUR 250 and the Member State concerned applies a threshold equal to or higher than the amount to be recovered under its national law for not pursuing national debts;

the amount to be recovered from the beneficiary in the context of an individual payment for an intervention, not including interest, falls between EUR 100 and EUR 250 and the Member State concerned applies a threshold equal to or higher than the amount to be recovered under its national law for not pursuing national debts;

| (b) | where recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity. |
| --- | --- |

(b)

(b)

where recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity.

where recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity.

Amendment 147

Amendment 147

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 1

Article 54 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Sums recovered by the Member States following the occurrence of irregularities and other cases of non-compliance by beneficiaries with the conditions of the interventions referred to in the CAP Strategic Plan and the interest thereon shall be made over to the paying agency and booked by it as revenue assigned to the EAGF in the month in which the sums are actually received. | Sums recovered by the Member States following the occurrence of irregularities and other cases of non-compliance by beneficiaries with the conditions of the interventions referred to in the CAP Strategic Plan and the interest thereon
  which shall be calculated from the day following the date on which the payment was due,
  shall be made over to the paying agency and booked by it as revenue assigned to the EAGF in the month in which the sums are actually received. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Sums recovered by the Member States following the occurrence of irregularities and other cases of non-compliance by beneficiaries with the conditions of the interventions referred to in the CAP Strategic Plan and the interest thereon shall be made over to the paying agency and booked by it as revenue assigned to the EAGF in the month in which the sums are actually received.

Sums recovered by the Member States following the occurrence of irregularities and other cases of non-compliance by beneficiaries with the conditions of the interventions referred to in the CAP Strategic Plan and the interest thereon
  which shall be calculated from the day following the date on which the payment was due,
  shall be made over to the paying agency and booked by it as revenue assigned to the EAGF in the month in which the sums are actually received.

which shall be calculated from the day following the date on which the payment was due,

Amendment 148

Amendment 148

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 1 a (new)

Article 54 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Member States may, without prejudice to the first paragraph, instruct the paying agency, as the body responsible for the recovery of debt, to deduct any outstanding debts owed by a beneficiary from future payments to that beneficiary. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States may, without prejudice to the first paragraph, instruct the paying agency, as the body responsible for the recovery of debt, to deduct any outstanding debts owed by a beneficiary from future payments to that beneficiary.

Member States may, without prejudice to the first paragraph, instruct the paying agency, as the body responsible for the recovery of debt, to deduct any outstanding debts owed by a beneficiary from future payments to that beneficiary.

Amendment 149

Amendment 149

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 1 — subparagraph 1

Article 55 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where irregularities and other cases of non-compliance by beneficiaries with the conditions of the rural development interventions referred to in the CAP Strategic Plan are detected, Member States shall make financial adjustments by
  totally or
  partially cancelling the Union financing concerned. Member States shall take into consideration the nature and gravity of the non-compliance detected and the level of the financial loss to the EAFRD. | Where irregularities and other cases of non-compliance by beneficiaries with the conditions of the rural development interventions referred to in the CAP Strategic Plan are detected, Member States shall make financial adjustments by
  cancelling
  partially
  or, under exceptional circumstances,
  cancelling
  entirely
  the Union financing concerned. Member States shall take into consideration the nature and gravity of the non-compliance detected and the level of the financial loss to the EAFRD. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where irregularities and other cases of non-compliance by beneficiaries with the conditions of the rural development interventions referred to in the CAP Strategic Plan are detected, Member States shall make financial adjustments by
  totally or
  partially cancelling the Union financing concerned. Member States shall take into consideration the nature and gravity of the non-compliance detected and the level of the financial loss to the EAFRD.

totally or

Where irregularities and other cases of non-compliance by beneficiaries with the conditions of the rural development interventions referred to in the CAP Strategic Plan are detected, Member States shall make financial adjustments by
  cancelling
  partially
  or, under exceptional circumstances,
  cancelling
  entirely
  the Union financing concerned. Member States shall take into consideration the nature and gravity of the non-compliance detected and the level of the financial loss to the EAFRD.

cancelling

or, under exceptional circumstances,

entirely

Amendment 150

Amendment 150

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 1 — subparagraph 2

Article 55 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Amounts of the Union financing under the EAFRD which are cancelled and amounts recovered, and the interest thereon, shall be reallocated to other rural development interventions in the CAP Strategic Plan.
  However, the cancelled or recovered Union Funds may be reused by Member States only for a rural development operation under the national CAP Strategic Plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment. | Amounts of the Union financing under the EAFRD which are cancelled and amounts recovered, and the interest thereon,
  which shall be calculated from the day following the date on which the payment was due,
  shall be reallocated to other rural development interventions in the
  same
  CAP Strategic Plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Amounts of the Union financing under the EAFRD which are cancelled and amounts recovered, and the interest thereon, shall be reallocated to other rural development interventions in the CAP Strategic Plan.
  However, the cancelled or recovered Union Funds may be reused by Member States only for a rural development operation under the national CAP Strategic Plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment.

However, the cancelled or recovered Union Funds may be reused by Member States only for a rural development operation under the national CAP Strategic Plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment.

Amounts of the Union financing under the EAFRD which are cancelled and amounts recovered, and the interest thereon,
  which shall be calculated from the day following the date on which the payment was due,
  shall be reallocated to other rural development interventions in the
  same
  CAP Strategic Plan.

which shall be calculated from the day following the date on which the payment was due,

same

Amendment 151

Amendment 151

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 1 — subparagraph 2 a (new)

Article 55 — paragraph 1 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Member States shall deduct any sums unduly paid as a result of an outstanding irregularity by a beneficiary, under the terms set out in this Article, from any future payments to the beneficiary by the paying agency. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall deduct any sums unduly paid as a result of an outstanding irregularity by a beneficiary, under the terms set out in this Article, from any future payments to the beneficiary by the paying agency.

Member States shall deduct any sums unduly paid as a result of an outstanding irregularity by a beneficiary, under the terms set out in this Article, from any future payments to the beneficiary by the paying agency.

Amendment 152

Amendment 152

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 1 — subparagraph 2 b (new)

Article 55 — paragraph 1 — subparagraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | However, the cancelled or recovered Union funds may be reused in their entirety by Member States only for a rural development operation under the national CAP Strategic Plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

However, the cancelled or recovered Union funds may be reused in their entirety by Member States only for a rural development operation under the national CAP Strategic Plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment.

However, the cancelled or recovered Union funds may be reused in their entirety by Member States only for a rural development operation under the national CAP Strategic Plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment.

Amendment 226

Amendment 226

Proposal for a regulation

Proposal for a regulation

Article 57

Article 57

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall, within the framework of the CAP, adopt all legislative, regulatory and administrative provisions and take any other measures necessary to ensure effective protection of the financial interests of the Union. Those provisions and measures shall relate in particular to: | 1.   Member States shall, within the framework of the CAP
  , while respecting the applicable governance systems
  , adopt all legislative, regulatory and administrative provisions and take any other measures necessary to ensure effective protection of the financial interests of the Union
  including application of the eligibility of expenditure criteria laid down in Article 35
  . Those provisions and measures shall relate in particular to: |
| (a) | checking the legality and regularity of operations financed by the Funds; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall, within the framework of the CAP, adopt all legislative, regulatory and administrative provisions and take any other measures necessary to ensure effective protection of the financial interests of the Union. Those provisions and measures shall relate in particular to:

1.   Member States shall, within the framework of the CAP
  , while respecting the applicable governance systems
  , adopt all legislative, regulatory and administrative provisions and take any other measures necessary to ensure effective protection of the financial interests of the Union
  including application of the eligibility of expenditure criteria laid down in Article 35
  . Those provisions and measures shall relate in particular to:

(a)

checking the legality and regularity of operations financed by the Funds;

| (a) | checking the legality and regularity of operations financed by the Funds
  , including at the level of beneficiaries
  ; |
| --- | --- |

(a)

checking the legality and regularity of operations financed by the Funds
  , including at the level of beneficiaries
  ;

, including at the level of beneficiaries

| (b) | ensuring effective prevention against fraud, especially in areas with a higher level of risk, and which will act as a deterrent, having regard to the costs and benefits and the proportionality of the measures; |
| --- | --- |

(b)

ensuring effective prevention against fraud, especially in areas with a higher level of risk, and which will act as a deterrent, having regard to the costs and benefits and the proportionality of the measures;

| (b) | ensuring effective prevention against fraud, especially in areas with a higher level of risk, and which will act as a deterrent, having regard to the costs and benefits and the proportionality of the measures; |
| --- | --- |

(b)

ensuring effective prevention against fraud, especially in areas with a higher level of risk, and which will act as a deterrent, having regard to the costs and benefits and the proportionality of the measures;

| (c) | preventing, detecting and correcting irregularities and fraud; |
| --- | --- |

(c)

preventing, detecting and correcting irregularities and fraud;

| (c) | preventing, detecting and correcting irregularities and fraud; |
| --- | --- |

(c)

preventing, detecting and correcting irregularities and fraud;

| (d) | imposing penalties which are effective, dissuasive and proportionate in accordance with Union law, or failing this, national law, and bring legal proceedings to that effect, as necessary; |
| --- | --- |

(d)

imposing penalties which are effective, dissuasive and proportionate in accordance with Union law, or failing this, national law, and bring legal proceedings to that effect, as necessary;

| (d) | imposing penalties which are effective, dissuasive and proportionate in accordance with Union law, or failing this, national law, and bring legal proceedings to that effect, as necessary; |
| --- | --- |

(d)

imposing penalties which are effective, dissuasive and proportionate in accordance with Union law, or failing this, national law, and bring legal proceedings to that effect, as necessary;

| (e) | recovering undue payments plus interest, and bring legal proceedings to that effect as necessary. |
| --- | --- |

(e)

recovering undue payments plus interest, and bring legal proceedings to that effect as necessary.

| (e) | recovering undue payments plus interest, and bring legal proceedings to that effect as necessary. |
| --- | --- |

(e)

recovering undue payments plus interest, and bring legal proceedings to that effect as necessary.

2.   Member States shall set up efficient management and control systems in order to ensure compliance with the Union legislation governing Union interventions.

2.   Member States shall set up efficient management and control systems in order to ensure compliance with the Union legislation governing Union interventions.

3.   Member States shall take appropriate precautions ensuring the the penalties applied as referred to in point (d) of paragraph 1 are proportionate and graduated according to the severity, extent, duration and reoccurrence of the non-compliance found.

3.   Member States shall take appropriate precautions ensuring the the penalties applied as referred to in point (d) of paragraph 1 are proportionate and graduated according to the severity, extent, duration and reoccurrence of the non-compliance found.

The arrangements set out by Member States shall ensure, in particular, that no penalties shall be imposed:

The arrangements set out by Member States shall ensure, in particular, that no penalties shall be imposed:

| (a) | where the non-compliance is due to force majeure; |
| --- | --- |

(a)

where the non-compliance is due to force majeure;

| (a) | where the non-compliance is due to force majeure; |
| --- | --- |

(a)

where the non-compliance is due to force majeure;

| (b) | where the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the person concerned by the administrative penalty; |
| --- | --- |

(b)

where the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the person concerned by the administrative penalty;

| (b) | where the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the person concerned by the administrative penalty; |
| --- | --- |

(b)

where the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the person concerned by the administrative penalty;

| (c) | where the person concerned can demonstrate to the satisfaction of the competent authority that he or she is not at fault for the non-compliance with the obligations referred to in paragraph 1 or if the competent authority is otherwise satisfied that the person concerned is not at fault. |
| --- | --- |

(c)

where the person concerned can demonstrate to the satisfaction of the competent authority that he or she is not at fault for the non-compliance with the obligations referred to in paragraph 1 or if the competent authority is otherwise satisfied that the person concerned is not at fault.

| (c) | where the person concerned can demonstrate to the satisfaction of the competent authority that he or she is not at fault for the non-compliance with the obligations referred to in paragraph 1 or if the competent authority is otherwise satisfied that the person concerned is not at fault. |
| --- | --- |

(c)

where the person concerned can demonstrate to the satisfaction of the competent authority that he or she is not at fault for the non-compliance with the obligations referred to in paragraph 1 or if the competent authority is otherwise satisfied that the person concerned is not at fault.

Where the non-compliance with the conditions for the granting of the aid is due to force majeure, the beneficiary shall retain the right to receive aid.

Where the non-compliance with the conditions for the granting of the aid is due to force majeure, the beneficiary shall retain the right to receive aid.

4.   Member States shall introduce arrangements for ensuring the effective examination of complaints concerning the Funds and shall, upon request by the Commission, examine complaints submitted to the Commission falling within the scope of their CAP Strategic Plan. Member States shall inform the Commission of the results of those examinations.

4.   Member States shall introduce arrangements for ensuring the effective examination of complaints concerning the Funds and shall, upon request by the Commission, examine complaints submitted to the Commission falling within the scope of their CAP Strategic Plan. Member States shall inform the Commission of the results of those examinations.

Where deficiencies regarding the examination and treatment of complaints have been detected in a Member State, the Commission shall set up a complaints mechanism to which beneficiaries confronted with unfair treatment, or treatment which puts them at a disadvantage, concerning the commitment or disbursement of public funds under direct or shared management including public tender decisions can lodge direct complaints to the Commission. The Commission shall ensure that adequate protection for natural or legal persons following the lodging of a complaint is guaranteed.

Where deficiencies regarding the examination and treatment of complaints have been detected in a Member State, the Commission shall set up a complaints mechanism to which beneficiaries confronted with unfair treatment, or treatment which puts them at a disadvantage, concerning the commitment or disbursement of public funds under direct or shared management including public tender decisions can lodge direct complaints to the Commission. The Commission shall ensure that adequate protection for natural or legal persons following the lodging of a complaint is guaranteed.

5.   Member States shall inform the Commission of the provisions adopted and measures taken under paragraphs 1 and 2.

5.   Member States shall inform the Commission of the provisions adopted and measures taken under paragraphs 1 and 2.

6.   The Commission may adopt implementing acts, laying down rules necessary for the uniform application of this Article relating to the following:

6.   The Commission may adopt implementing acts, laying down rules necessary for the uniform application of this Article relating to the following:

| (a) | the procedures, deadlines, exchange of information in relation to the obligations as set out in paragraphs 1 and 2; |
| --- | --- |

(a)

the procedures, deadlines, exchange of information in relation to the obligations as set out in paragraphs 1 and 2;

| (a) | the procedures, deadlines, exchange of information in relation to the obligations as set out in paragraphs 1 and 2; |
| --- | --- |

(a)

the procedures, deadlines, exchange of information in relation to the obligations as set out in paragraphs 1 and 2;

| (b) | the notification and communication to be made by the Member States to the Commission in relation to the obligations set out in paragraphs 3 and 4. |
| --- | --- |

(b)

the notification and communication to be made by the Member States to the Commission in relation to the obligations set out in paragraphs 3 and 4.

| (b) | the notification and communication to be made by the Member States to the Commission in relation to the obligations set out in paragraphs 3 and 4. |
| --- | --- |

(b)

the notification and communication to be made by the Member States to the Commission in relation to the obligations set out in paragraphs 3 and 4.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Amendment 159

Amendment 159

Proposal for a regulation

Proposal for a regulation

Article 57 a (new)

Article 57 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 57a |
| | Correction of errors |
| | 1.
     
  Member States may opt to include in their CAP Strategic Plans provisions providing beneficiaries with the right to modify or otherwise restore to compliance an administrative declaration or a request for aid or support they had previously made, with no reduction or penalty imposed, if: |
| | (a) | the beneficiary has committed a clerical error when reporting their situation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 57a

Article 57a

Correction of errors

Correction of errors

1.
     
  Member States may opt to include in their CAP Strategic Plans provisions providing beneficiaries with the right to modify or otherwise restore to compliance an administrative declaration or a request for aid or support they had previously made, with no reduction or penalty imposed, if:

(a)

(a)

the beneficiary has committed a clerical error when reporting their situation;

the beneficiary has committed a clerical error when reporting their situation;

| (b) | the beneficiary has misunderstood the eligibility criteria, the commitments or other obligations concerning the allocation of aid or support with regard to their situation. |
| --- | --- |

(b)

(b)

the beneficiary has misunderstood the eligibility criteria, the commitments or other obligations concerning the allocation of aid or support with regard to their situation.

the beneficiary has misunderstood the eligibility criteria, the commitments or other obligations concerning the allocation of aid or support with regard to their situation.

This right to modify or restore to compliance shall apply whenever the mistake or omission is committed in good faith and is not deemed to constitute attempted fraud.

This right to modify or restore to compliance shall apply whenever the mistake or omission is committed in good faith and is not deemed to constitute attempted fraud.

The relevant national authorities shall be responsible for determining a beneficiary’s ‘good faith’.

The relevant national authorities shall be responsible for determining a beneficiary’s ‘good faith’.

Amendment 160

Amendment 160

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 1 — subparagraph 2

Article 58 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall ensure a level of checks needed for an effective management of the risks. | Member States shall ensure a level of checks needed for an effective management of the risks
  which may be lower than the initial level once the management and monitoring systems are functioning properly and the error rates have settled at an acceptable level
  .
  The relevant authority shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part in order to obtain are presentative error rate and a risk-based part, which shall target the areas where the risk to the financial interest of the Union is the highest. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall ensure a level of checks needed for an effective management of the risks.

Member States shall ensure a level of checks needed for an effective management of the risks
  which may be lower than the initial level once the management and monitoring systems are functioning properly and the error rates have settled at an acceptable level
  .
  The relevant authority shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part in order to obtain are presentative error rate and a risk-based part, which shall target the areas where the risk to the financial interest of the Union is the highest.

which may be lower than the initial level once the management and monitoring systems are functioning properly and the error rates have settled at an acceptable level

The relevant authority shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part in order to obtain are presentative error rate and a risk-based part, which shall target the areas where the risk to the financial interest of the Union is the highest.

Amendment 161

Amendment 161

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 4 — subparagraph 1 — point e

Article 58 — paragraph 4 — subparagraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | other rules on the checks to be conducted by the Member States, as regards the measures laid down in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

(e)

other rules on the checks to be conducted by the Member States, as regards the measures laid down in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively.

other rules on the checks to be conducted by the Member States, as regards the measures laid down in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively.

deleted

deleted

Amendment 162

Amendment 162

Proposal for a regulation

Proposal for a regulation

Article 62 — paragraph 3 — point a

Article 62 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | which ensure
  a non-discriminatory treatment, equity and the respect of proportionality when lodging a security; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

which ensure
  a non-discriminatory treatment, equity and the respect of proportionality when lodging a security;

which ensure

| (a) | ensuring
  non-discriminatory treatment, equity and the respect of proportionality when lodging a security; |
| --- | --- |

(a)

ensuring
  non-discriminatory treatment, equity and the respect of proportionality when lodging a security;

ensuring

Amendment 163

Amendment 163

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 4 — point c

Article 63 — paragraph 4 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | ‘system for the identification and registration of animals’ means the system for the identification and registration of bovine animals laid down by Regulation (EC) No 1760/2000 of the European Parliament and of the Council (33) or the system for the identification and registration of ovine and caprine animals laid down by Council Regulation (EC) No 21/2004 (34); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

‘system for the identification and registration of animals’ means the system for the identification and registration of bovine animals laid down by Regulation (EC) No 1760/2000 of the European Parliament and of the Council (33) or the system for the identification and registration of ovine and caprine animals laid down by Council Regulation (EC) No 21/2004 (34);

33

34

| (c) | ‘system for the identification and registration of animals’ means the system for the identification and registration of bovine animals laid down by Regulation (EC) No 1760/2000 of the European Parliament and of the Council (33) or the system for the identification and registration of ovine and caprine animals laid down by Council Regulation (EC) No 21/2004 (34)

  or, where applicable, the system for the identification or registration of pigs laid down by Council Directive 2008/71/EC

   (34a)

  and other databases established by the Member States for animals
  ; |
| --- | --- |

(c)

‘system for the identification and registration of animals’ means the system for the identification and registration of bovine animals laid down by Regulation (EC) No 1760/2000 of the European Parliament and of the Council (33) or the system for the identification and registration of ovine and caprine animals laid down by Council Regulation (EC) No 21/2004 (34)

  or, where applicable, the system for the identification or registration of pigs laid down by Council Directive 2008/71/EC

   (34a)

  and other databases established by the Member States for animals
  ;

33

34

or, where applicable, the system for the identification or registration of pigs laid down by Council Directive 2008/71/EC

34a

and other databases established by the Member States for animals

Amendment 164

Amendment 164

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 4 — point f

Article 63 — paragraph 4 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | ‘claimless system’ means
  an
  application system for area- or animal-based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

‘claimless system’ means
  an
  application system for area- or animal-based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the Member State.

an

| (f) | ‘claimless system’ means
  a prefilled or other type of
  application system for area- or animal-based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the Member State. |
| --- | --- |

(f)

‘claimless system’ means
  a prefilled or other type of
  application system for area- or animal-based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the Member State.

a prefilled or other type of

Amendment 165

Amendment 165

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 1 — point c

Article 64 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | an area monitoring system; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

an area monitoring system;

| (c) | an area monitoring
  and control
  system; |
| --- | --- |

(c)

an area monitoring
  and control
  system;

and control

Amendment 166

Amendment 166

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 2

Article 64 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The integrated system shall operate on the basis of electronic databases and geographic information systems and shall enable the exchange and integration of data between the electronic databases and the geographic information systems. | 2.   The integrated system shall operate on the basis of electronic databases and geographic information systems and shall enable the exchange and integration of data between the electronic databases and the geographic information systems
  (GIS)
  .
  To that end, GIS shall allow for the layering of geo-spatial data on farm, cadastral or reference parcels onto any delimiting protected zones and designated areas that have been established in accordance with Union legislation listed in Annex XI to Regulation (EU) .../... [CAP Strategic Plan Regulation], such as Natura 2000 areas or Nitrate Vulnerable Zones, as well as the landscape features and ecological infrastructures (trees, hedges, ponds, buffer strips, riparian margins, etc.). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The integrated system shall operate on the basis of electronic databases and geographic information systems and shall enable the exchange and integration of data between the electronic databases and the geographic information systems.

2.   The integrated system shall operate on the basis of electronic databases and geographic information systems and shall enable the exchange and integration of data between the electronic databases and the geographic information systems
  (GIS)
  .
  To that end, GIS shall allow for the layering of geo-spatial data on farm, cadastral or reference parcels onto any delimiting protected zones and designated areas that have been established in accordance with Union legislation listed in Annex XI to Regulation (EU) .../... [CAP Strategic Plan Regulation], such as Natura 2000 areas or Nitrate Vulnerable Zones, as well as the landscape features and ecological infrastructures (trees, hedges, ponds, buffer strips, riparian margins, etc.).

Amendment 167

Amendment 167

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 3

Article 64 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Without prejudice to the responsibilities of the Member States for the implementation and application of the integrated system, the Commission
  may
  seek the assistance of specialised bodies or persons in order to facilitate the establishment, monitoring and operation of the integrated system, in particular, with a view to providing the competent authorities of the Member States with technical advice. | 3.   Without prejudice to the responsibilities of the Member States for the implementation and application of the integrated system, the Commission
  shall
  seek the assistance of specialised bodies or persons in order to facilitate the establishment, monitoring and operation of the integrated system, in particular, with a view to providing the competent authorities of the Member States with technical advice. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Without prejudice to the responsibilities of the Member States for the implementation and application of the integrated system, the Commission
  may
  seek the assistance of specialised bodies or persons in order to facilitate the establishment, monitoring and operation of the integrated system, in particular, with a view to providing the competent authorities of the Member States with technical advice.

3.   Without prejudice to the responsibilities of the Member States for the implementation and application of the integrated system, the Commission
  shall
  seek the assistance of specialised bodies or persons in order to facilitate the establishment, monitoring and operation of the integrated system, in particular, with a view to providing the competent authorities of the Member States with technical advice.

Amendment 168

Amendment 168

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 1 — subparagraph 2

Article 65 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The data and documentation referred to in the first subparagraph relating to the current calendar year or marketing year and to the previous ten calendar years or marketing years shall be accessible for consultation through the digital databases of the competent authority of the Member State. | The data and documentation referred to in the first subparagraph relating to the current calendar year or marketing year and to the previous ten calendar years or marketing years shall be accessible for consultation through the digital databases of the competent authority of the Member State.
  The relevant information from the databases may also be provided in the form of summaries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The data and documentation referred to in the first subparagraph relating to the current calendar year or marketing year and to the previous ten calendar years or marketing years shall be accessible for consultation through the digital databases of the competent authority of the Member State.

The data and documentation referred to in the first subparagraph relating to the current calendar year or marketing year and to the previous ten calendar years or marketing years shall be accessible for consultation through the digital databases of the competent authority of the Member State.
  The relevant information from the databases may also be provided in the form of summaries.

The relevant information from the databases may also be provided in the form of summaries.

Amendment 169

Amendment 169

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 5 a (new)

Article 65 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  Member States shall ensure that beneficiaries and potential beneficiaries have access to all the reference data and attribute data regarding the land they use or intend to use, in order to enable them to submit accurate applications. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  Member States shall ensure that beneficiaries and potential beneficiaries have access to all the reference data and attribute data regarding the land they use or intend to use, in order to enable them to submit accurate applications.

Amendment 170

Amendment 170

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 1

Article 67 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   As regards the aid for the area-based interventions referred to in Article 63(2) and implemented under the national CAP Strategic Plans, Member States shall require the submission of an application by means of using the
  geo-spatial application
  provided by the competent authority
  to submit an
  application. | 1.   As regards the aid for the area-based interventions referred to in Article 63(2) and implemented under the national CAP Strategic Plans, Member States shall require the submission of an application by means of using the
  form,
  provided by the competent authority
  in their geo-spatial
  application. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   As regards the aid for the area-based interventions referred to in Article 63(2) and implemented under the national CAP Strategic Plans, Member States shall require the submission of an application by means of using the
  geo-spatial application
  provided by the competent authority
  to submit an
  application.

1.   As regards the aid for the area-based interventions referred to in Article 63(2) and implemented under the national CAP Strategic Plans, Member States shall require the submission of an application by means of using the
  form,
  provided by the competent authority
  in their geo-spatial
  application.

Amendment 171

Amendment 171

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 4 — subparagraph 1 a (new)

Article 67 — paragraph 4 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | If a Member State decides to use a claimless system, it shall enable the administration to make the eligible payments to the beneficiaries based on the existing details in the official computerised databases, where there has been no change, supplemented with additional information, where necessary to cover a change. Those details and any such additional information shall be confirmed by the beneficiary. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

If a Member State decides to use a claimless system, it shall enable the administration to make the eligible payments to the beneficiaries based on the existing details in the official computerised databases, where there has been no change, supplemented with additional information, where necessary to cover a change. Those details and any such additional information shall be confirmed by the beneficiary.

If a Member State decides to use a claimless system, it shall enable the administration to make the eligible payments to the beneficiaries based on the existing details in the official computerised databases, where there has been no change, supplemented with additional information, where necessary to cover a change. Those details and any such additional information shall be confirmed by the beneficiary.

Amendment 172

Amendment 172

Proposal for a regulation

Proposal for a regulation

Article 68 — paragraph 1

Article 68 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall set up and operate an area monitoring system. | 1.   Member States shall set up and operate an area monitoring
  and control
  system.
  On duly justified grounds, the Commission may grant a transitional period for setting up the area monitoring and control system to Member States that have not recently used such an area monitoring and control system. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall set up and operate an area monitoring system.

1.   Member States shall set up and operate an area monitoring
  and control
  system.
  On duly justified grounds, the Commission may grant a transitional period for setting up the area monitoring and control system to Member States that have not recently used such an area monitoring and control system.

Amendment 173

Amendment 173

Proposal for a regulation

Proposal for a regulation

Article 68 — paragraph 2 — subparagraph 1

Article 68 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall annually assess the quality of the area monitoring system in accordance with the methodology set up at Union level. | Member States shall annually assess the quality of the area monitoring
  and control
  system in accordance with the methodology set up at Union level. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall annually assess the quality of the area monitoring system in accordance with the methodology set up at Union level.

Member States shall annually assess the quality of the area monitoring
  and control
  system in accordance with the methodology set up at Union level.

and control

Amendment 227

Amendment 227

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 1

Article 69 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The system for recording the identity of each beneficiary of the interventions and measures as referred to in Article 63(2) shall guarantee that all applications submitted by the same beneficiary can be identified as such. | The system for recording the identity of each beneficiary of the interventions and measures as referred to in Article 63(2) shall guarantee that all applications submitted by the same beneficiary can be identified as such.
  It shall also ensure that, where beneficiaries are part of a group within the meaning of point 11 of Article 2(1) of Directive 2013/34/EU, that group can be identified. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The system for recording the identity of each beneficiary of the interventions and measures as referred to in Article 63(2) shall guarantee that all applications submitted by the same beneficiary can be identified as such.

The system for recording the identity of each beneficiary of the interventions and measures as referred to in Article 63(2) shall guarantee that all applications submitted by the same beneficiary can be identified as such.
  It shall also ensure that, where beneficiaries are part of a group within the meaning of point 11 of Article 2(1) of Directive 2013/34/EU, that group can be identified.

It shall also ensure that, where beneficiaries are part of a group within the meaning of point 11 of Article 2(1) of Directive 2013/34/EU, that group can be identified.

Amendment 174

Amendment 174

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 1

Article 70 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall set up a control and penalties system for the aid as referred to in Article 63. | Member States shall set up a control and penalties system for the aid referred to in Article 63.
  Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall set up a control and penalties system for the aid as referred to in Article 63.

Member States shall set up a control and penalties system for the aid referred to in Article 63.
  Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks.

Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks.

Amendment 175

Amendment 175

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 1 a (new)

Article 70 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | For each of the interventions referred to in Article 63(2), Member States shall ensure that the control sample for on-the-spot checks carried out each year covers at least 5 % of all beneficiaries. That percentage shall be increased appropriately where any significant non-compliance in the context of a given intervention or measure is detected. However, Member States may reduce that percentage where the error rates remain at an acceptable level. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For each of the interventions referred to in Article 63(2), Member States shall ensure that the control sample for on-the-spot checks carried out each year covers at least 5 % of all beneficiaries. That percentage shall be increased appropriately where any significant non-compliance in the context of a given intervention or measure is detected. However, Member States may reduce that percentage where the error rates remain at an acceptable level.

For each of the interventions referred to in Article 63(2), Member States shall ensure that the control sample for on-the-spot checks carried out each year covers at least 5 % of all beneficiaries. That percentage shall be increased appropriately where any significant non-compliance in the context of a given intervention or measure is detected. However, Member States may reduce that percentage where the error rates remain at an acceptable level.

Amendment 176

Amendment 176

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 2

Article 70 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Paragraphs 1 to 5 of Article 57 shall apply mutatis mutandis. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Paragraphs 1 to 5 of Article 57 shall apply mutatis mutandis.

Paragraphs 1 to 5 of Article 57 shall apply mutatis mutandis.

deleted

deleted

Amendment 177

Amendment 177

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 1 — point a — introductory part

Article 73 — paragraph 1 — point a — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the form
  , content
  and arrangements for transmitting or making available to the Commission of: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the form
  , content
  and arrangements for transmitting or making available to the Commission of:

, content

| (a) | the form and arrangements for transmitting or making available to the Commission of: |
| --- | --- |

(a)

the form and arrangements for transmitting or making available to the Commission of:

Amendment 178

Amendment 178

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 1 — point b

Article 73 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | basic features and
  rules on the
  geo-spatial application system and the area monitoring system referred to in Articles 67 and 68. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

basic features and
  rules on the
  geo-spatial application system and the area monitoring system referred to in Articles 67 and 68.

basic features and

geo-spatial application system and the area monitoring system referred to in Articles 67 and 68.

| (b) | the Commission is empowered to adopt delegated acts in accordance with Article 100, supplementing this Regulation by laying down the
  rules on the
  content for transmitting and making available to the Commission of:










  (i) | the assessment reports on the quality of the identification system for agricultural parcels, of the geo-spatial application system and of the area monitoring and control system; |
| --- | --- | --- |

(b)

the Commission is empowered to adopt delegated acts in accordance with Article 100, supplementing this Regulation by laying down the
  rules on the
  content for transmitting and making available to the Commission of:

the Commission is empowered to adopt delegated acts in accordance with Article 100, supplementing this Regulation by laying down the

content for transmitting and making available to the Commission of:

(i)

(i)

the assessment reports on the quality of the identification system for agricultural parcels, of the geo-spatial application system and of the area monitoring and control system;

the assessment reports on the quality of the identification system for agricultural parcels, of the geo-spatial application system and of the area monitoring and control system;

| (ii) | the remedial actions to be implemented by the Member States as referred to in Articles 66, 67 and 68; |
| --- | --- |

(ii)

(ii)

the remedial actions to be implemented by the Member States as referred to in Articles 66, 67 and 68;

the remedial actions to be implemented by the Member States as referred to in Articles 66, 67 and 68;

| (iii) | basic features and rules on the geo-spatial application system and the area monitoring and control system referred to in Articles 67 and 68. |
| --- | --- |

(iii)

(iii)

basic features and rules on the geo-spatial application system and the area monitoring and control system referred to in Articles 67 and 68.

basic features and rules on the geo-spatial application system and the area monitoring and control system referred to in Articles 67 and 68.

Amendment 179

Amendment 179

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 2

Article 73 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

deleted

deleted

Amendment 180

Amendment 180

Proposal for a regulation

Proposal for a regulation

Article 78 — paragraph 2

Article 78 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States shall send the Commission a list of undertakings established in a third country for which payment of the amount in question has or should have been made or received in that Member State. | 2.   Member States shall send the Commission a list of undertakings established in a third country for which payment of the amount in question has or should have been made or received in that Member State.
  Where necessary, the Commission shall invite experts from third countries, including developing countries, in order to obtain an assessment of the external impact of CAP implementation at Member State level. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Member States shall send the Commission a list of undertakings established in a third country for which payment of the amount in question has or should have been made or received in that Member State.

2.   Member States shall send the Commission a list of undertakings established in a third country for which payment of the amount in question has or should have been made or received in that Member State.
  Where necessary, the Commission shall invite experts from third countries, including developing countries, in order to obtain an assessment of the external impact of CAP implementation at Member State level.

Amendment 181

Amendment 181

Proposal for a regulation

Proposal for a regulation

Article 79

Article 79

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 79 | deleted |
| Programming | |
| 1.
     
  Member States shall draw up programmes for scrutiny to be carried out pursuant to Article 75 during the subsequent scrutiny period. | |
| 2.
     
  Each year, before 15 April, Member States shall send the Commission their programme as referred to in paragraph 1 and shall specify: | |
| (a) | the number of undertakings to be scrutinised and their breakdown by sector on the basis of the amounts relating to them; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 79

Article 79

deleted

deleted

Programming

Programming

1.
     
  Member States shall draw up programmes for scrutiny to be carried out pursuant to Article 75 during the subsequent scrutiny period.

2.
     
  Each year, before 15 April, Member States shall send the Commission their programme as referred to in paragraph 1 and shall specify:

(a)

(a)

the number of undertakings to be scrutinised and their breakdown by sector on the basis of the amounts relating to them;

the number of undertakings to be scrutinised and their breakdown by sector on the basis of the amounts relating to them;

| (b) | the criteria adopted for drawing up the programme. |
| --- | --- |

(b)

(b)

the criteria adopted for drawing up the programme.

the criteria adopted for drawing up the programme.

3.
     
  The programmes established by the Member States and forwarded to the Commission shall be implemented by the Member States, if, within eight weeks, the Commission has not made known its comments.

4.
     
  Paragraph 3 shall apply mutatis mutandis to the amendments to the programme made by the Member States.

5.
     
  At any stage, the Commission may request the inclusion of a particular category of undertaking in the programme of a Member States.

6.
     
  Undertakings for which the sum of the receipts or payments amounted to less than EUR 40 000 shall be scrutinised in accordance with this Chapter only for specific reasons to be indicated by the Member States in their annual programme referred to in paragraph 1 or by the Commission in any proposed amendment to that programme.

The Commission is empowered to adopt delegated acts in accordance with Article 101 amending the threshold set out in the first subparagraph.

The Commission is empowered to adopt delegated acts in accordance with Article 101 amending the threshold set out in the first subparagraph.

Amendment 182

Amendment 182

Proposal for a regulation

Proposal for a regulation

Title 4 — chapter 4 — title

Title 4 — chapter 4 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Control system and penalties in relation to conditionality | Control system and penalties in relation to conditionality
  for sustainable development |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Control system and penalties in relation to conditionality

Control system and penalties in relation to conditionality
  for sustainable development

for sustainable development

Amendments 183, 211cp1 and 283cp1

Amendments 183, 211cp1 and 283cp1

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 1 — subparagraph 1

Article 84 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall
  set up
  a control system to ensure that beneficiaries
  of the aid referred to in Article 11 of Regulation (EU) .../... [CAP Strategic Plan Regulation] and in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively,
  comply with the obligations referred to in Section 2 of Chapter 1 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation]. | Member States shall
  have
  a control system
  in order
  to ensure that
  the following
  beneficiaries comply with the obligations referred to in Section 2 of Chapter 1 of Title III of Regulation (EU).../...[CAP Strategic Plan Regulation]: |
| | (a) | beneficiaries receiving direct payments under Chapter II of Title III of Regulation (EU).../...[CAP Strategic Plan Regulation]; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall
  set up
  a control system to ensure that beneficiaries
  of the aid referred to in Article 11 of Regulation (EU) .../... [CAP Strategic Plan Regulation] and in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively,
  comply with the obligations referred to in Section 2 of Chapter 1 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation].

set up

of the aid referred to in Article 11 of Regulation (EU) .../... [CAP Strategic Plan Regulation] and in Chapter IV of Regulation (EU) No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013 respectively,

Member States shall
  have
  a control system
  in order
  to ensure that
  the following
  beneficiaries comply with the obligations referred to in Section 2 of Chapter 1 of Title III of Regulation (EU).../...[CAP Strategic Plan Regulation]:

have

in order

the following

(a)

(a)

beneficiaries receiving direct payments under Chapter II of Title III of Regulation (EU).../...[CAP Strategic Plan Regulation];

beneficiaries receiving direct payments under Chapter II of Title III of Regulation (EU).../...[CAP Strategic Plan Regulation];

| (b) | beneficiaries receiving annual payments in accordance with Articles 65, 66 and 67 of Regulation (EU).../...[CAP Strategic Plan Regulation]; |
| --- | --- |

(b)

(b)

beneficiaries receiving annual payments in accordance with Articles 65, 66 and 67 of Regulation (EU).../...[CAP Strategic Plan Regulation];

beneficiaries receiving annual payments in accordance with Articles 65, 66 and 67 of Regulation (EU).../...[CAP Strategic Plan Regulation];

| (c) | beneficiaries receiving support in accordance with Chapter IV of Regulation (EU) No 228/2013 and Chapter IV of Regulation (EU) No 229/2013. |
| --- | --- |

(c)

(c)

beneficiaries receiving support in accordance with Chapter IV of Regulation (EU) No 228/2013 and Chapter IV of Regulation (EU) No 229/2013.

beneficiaries receiving support in accordance with Chapter IV of Regulation (EU) No 228/2013 and Chapter IV of Regulation (EU) No 229/2013.

Amendment 211cp2

Amendment 211cp2

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 1 — subparagraph 3 a (new)

Article 84 — paragraph 1 — subparagraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | In order to ensure compliance with the applicable working and employment conditions resulting from relevant collective labour agreements and social and labour law at national, Union and international levels, Member States shall ensure cooperation between competent national authorities responsible for labour inspections and the control system referred to in the first subparagraph. In cross-border situations, coordination and cooperation shall also be ensured with the European Labour Authority (ELA) the functioning of which is regulated by Regulation (EU) 2019/1149 of the European Parliament and of the Council. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In order to ensure compliance with the applicable working and employment conditions resulting from relevant collective labour agreements and social and labour law at national, Union and international levels, Member States shall ensure cooperation between competent national authorities responsible for labour inspections and the control system referred to in the first subparagraph. In cross-border situations, coordination and cooperation shall also be ensured with the European Labour Authority (ELA) the functioning of which is regulated by Regulation (EU) 2019/1149 of the European Parliament and of the Council.

In order to ensure compliance with the applicable working and employment conditions resulting from relevant collective labour agreements and social and labour law at national, Union and international levels, Member States shall ensure cooperation between competent national authorities responsible for labour inspections and the control system referred to in the first subparagraph. In cross-border situations, coordination and cooperation shall also be ensured with the European Labour Authority (ELA) the functioning of which is regulated by Regulation (EU) 2019/1149 of the European Parliament and of the Council.

Amendments 184, 211cp3 and 283cp3

Amendments 184, 211cp3 and 283cp3

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 2 — point b a (new)

Article 84 — paragraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | ‘reoccurrence of a non-compliance’ means the non-compliance with the same requirement or standard determined more than once, provided that the beneficiary has been informed of a previous non-compliance and, as the case may be, has had the possibility to take the necessary measures to remedy that previous non-compliance. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

‘reoccurrence of a non-compliance’ means the non-compliance with the same requirement or standard determined more than once, provided that the beneficiary has been informed of a previous non-compliance and, as the case may be, has had the possibility to take the necessary measures to remedy that previous non-compliance.

‘reoccurrence of a non-compliance’ means the non-compliance with the same requirement or standard determined more than once, provided that the beneficiary has been informed of a previous non-compliance and, as the case may be, has had the possibility to take the necessary measures to remedy that previous non-compliance.

Amendments 185, 211cp3 and 283cp3

Amendments 185, 211cp3 and 283cp3

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 3 — introductory part

Article 84 — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   In their control
  system referred to
  in paragraph 1 Member States: | 3.   In
  order to comply with
  their control
  obligations laid down
  in paragraph 1, Member States: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   In their control
  system referred to
  in paragraph 1 Member States:

3.   In
  order to comply with
  their control
  obligations laid down
  in paragraph 1, Member States:

Amendments 186, 211cp3 and 283cp3

Amendments 186, 211cp3 and 283cp3

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 3 — point c

Article 84 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | may, where appropriate, make use of remote sensing or the area monitoring system to carry out the on-the-spot checks referred to in point (a); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

may, where appropriate, make use of remote sensing or the area monitoring system to carry out the on-the-spot checks referred to in point (a);

| (c) | may, where appropriate
  and feasible
  , make use of remote sensing or the area monitoring
  and control
  system to carry out the on-the-spot checks referred to in point (a);
  and |
| --- | --- |

(c)

may, where appropriate
  and feasible
  , make use of remote sensing or the area monitoring
  and control
  system to carry out the on-the-spot checks referred to in point (a);
  and

and feasible

and control

and

Amendments 187, 211cp3 and 283cp3

Amendments 187, 211cp3 and 283cp3

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 3 — point c a (new)

Article 84 — paragraph 3 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | shall establish an early warning system; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

shall establish an early warning system;

shall establish an early warning system;

Amendments 188, 211cp3 and 283cp3

Amendments 188, 211cp3 and 283cp3

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 3 — point d

Article 84 — paragraph 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | establish the control sample for the checks referred to in point (a) to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1 % of beneficiaries receiving the aid provided for in Section 2 of Chapter 1 of Title III of Regulation (EU) .../... [CAP Strategic Plan Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

(d)

establish the control sample for the checks referred to in point (a) to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1 % of beneficiaries receiving the aid provided for in Section 2 of Chapter 1 of Title III of Regulation (EU) .../... [CAP Strategic Plan Regulation].

establish the control sample for the checks referred to in point (a) to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1 % of beneficiaries receiving the aid provided for in Section 2 of Chapter 1 of Title III of Regulation (EU) .../... [CAP Strategic Plan Regulation].

deleted

deleted

Amendment 291

Amendment 291

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 3 a (new)

Article 84 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Member States shall establish the control sample for the checks referred to in point (a) of paragraph 3 of this Article to be carried out each year on the basis of a risk analysis, for which they may apply weighting factors, and a random component, and shall ensure that the control sample covers at least 5 % of the beneficiaries receiving aid under Section 2 of Chapter 1 of Title III of Regulation (EU) .../... [CAP Strategic Plan Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  Member States shall establish the control sample for the checks referred to in point (a) of paragraph 3 of this Article to be carried out each year on the basis of a risk analysis, for which they may apply weighting factors, and a random component, and shall ensure that the control sample covers at least 5 % of the beneficiaries receiving aid under Section 2 of Chapter 1 of Title III of Regulation (EU) .../... [CAP Strategic Plan Regulation].

Amendments 190 and 211cp6

Amendments 190 and 211cp6

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 3 b (new)

Article 84 — paragraph 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3b.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on simplified checks for farmers participating in the schemes referred to in Article 25 of Regulation (EU) .../... [CAP Strategic Plans Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3b.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with rules on simplified checks for farmers participating in the schemes referred to in Article 25 of Regulation (EU) .../... [CAP Strategic Plans Regulation].

Amendments 191 and 211cp6

Amendments 191 and 211cp6

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 3 c (new)

Article 84 — paragraph 3 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3c.
     
  The Commission shall adopt, by means of implementing acts, rules on the carrying out of checks referred to in this Article, including rules ensuring that risk analysis takes account of the following factors: |
| | (a) | the participation of farmers in the farm advisory services system provided for in Article 13 of Regulation (EU) .../... [CAP Strategic Plan Regulation]; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3c.
     
  The Commission shall adopt, by means of implementing acts, rules on the carrying out of checks referred to in this Article, including rules ensuring that risk analysis takes account of the following factors:

(a)

(a)

the participation of farmers in the farm advisory services system provided for in Article 13 of Regulation (EU) .../... [CAP Strategic Plan Regulation];

the participation of farmers in the farm advisory services system provided for in Article 13 of Regulation (EU) .../... [CAP Strategic Plan Regulation];

| (b) | the participation of farmers in a certification system as provided for in Article 12(3a) of Regulation (EU).../... [CAP Strategic Plan Regulation] once the Regulation covers the requirements and standards concerned. |
| --- | --- |

(b)

(b)

the participation of farmers in a certification system as provided for in Article 12(3a) of Regulation (EU).../... [CAP Strategic Plan Regulation] once the Regulation covers the requirements and standards concerned.

the participation of farmers in a certification system as provided for in Article 12(3a) of Regulation (EU).../... [CAP Strategic Plan Regulation] once the Regulation covers the requirements and standards concerned.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 101(3).

Amendments 212cp1 and 293

Amendments 212cp1 and 293

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 1 — subparagraph 2 — introductory part

Article 85 — paragraph 1 — subparagraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Under that system, the administrative penalties referred to in the first subparagraph shall only apply where the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned; and where one
  or both
  of the following conditions are met: | Under that system, the administrative penalties referred to in the first subparagraph shall only apply where the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned; and where one
  , two or all
  of the following conditions are met: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Under that system, the administrative penalties referred to in the first subparagraph shall only apply where the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned; and where one
  or both
  of the following conditions are met:

or both

Under that system, the administrative penalties referred to in the first subparagraph shall only apply where the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned; and where one
  , two or all
  of the following conditions are met:

, two or all

Amendments 212cp2 and 294

Amendments 212cp2 and 294

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 1 — subparagraph 2 — point b a (new)

Article 85 — paragraph 1 — subparagraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the non-compliance affects the working and employment conditions of the workers employed by the beneficiary. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the non-compliance affects the working and employment conditions of the workers employed by the beneficiary.

the non-compliance affects the working and employment conditions of the workers employed by the beneficiary.

Amendment 228

Amendment 228

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 2

Article 85 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   In their penalty systems referred to in paragraph 1, Member States: | 2.   In their penalty systems referred to in paragraph 1, Member States: |
| (a) | shall include rules on the application of administrative penalties in cases where the
  land
  is transferred during the calendar year concerned or the years concerned. These rules shall be based on a fair and equitable attribution of the liability for non-compliances among transferors and transferees; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   In their penalty systems referred to in paragraph 1, Member States:

2.   In their penalty systems referred to in paragraph 1, Member States:

(a)

shall include rules on the application of administrative penalties in cases where the
  land
  is transferred during the calendar year concerned or the years concerned. These rules shall be based on a fair and equitable attribution of the liability for non-compliances among transferors and transferees;

land

| (a) | shall include rules on the application of administrative penalties in cases where the
  agricultural land, or an agricultural holding or part thereof
  is transferred during the calendar year concerned or the years concerned. These rules shall be based on a fair and equitable attribution of the liability for non-compliances among transferors and transferees. |
| --- | --- |

(a)

shall include rules on the application of administrative penalties in cases where the
  agricultural land, or an agricultural holding or part thereof
  is transferred during the calendar year concerned or the years concerned. These rules shall be based on a fair and equitable attribution of the liability for non-compliances among transferors and transferees.

agricultural land, or an agricultural holding or part thereof

For the purpose of this point, ‘transfer’ means any type of transaction whereby the agricultural land ceases to be at the disposal of the transferor.

For the purpose of this point, ‘transfer’ means any type of transaction whereby the agricultural land ceases to be at the disposal of the transferor;

| (b) | may decide, notwithstanding paragraph 1, not to apply a penalty per beneficiary and per calendar year when the amount of the penalty is EUR 100 or less. The finding and the obligation to take remedial action shall be notified to the beneficiary; |
| --- | --- |

(b)

may decide, notwithstanding paragraph 1, not to apply a penalty per beneficiary and per calendar year when the amount of the penalty is EUR 100 or less. The finding and the obligation to take remedial action shall be notified to the beneficiary;

| (b) | may decide, notwithstanding paragraph 1, not to apply a penalty per beneficiary and per calendar year when the amount of the penalty is EUR 100 or less. The finding and the obligation to take remedial action shall be notified to the beneficiary; |
| --- | --- |

(b)

may decide, notwithstanding paragraph 1, not to apply a penalty per beneficiary and per calendar year when the amount of the penalty is EUR 100 or less. The finding and the obligation to take remedial action shall be notified to the beneficiary;

| (c) | shall provide that no administrative penalty be imposed
  where the non-compliance is due to force majeure. |
| --- | --- |

(c)

shall provide that no administrative penalty be imposed
  where the non-compliance is due to force majeure.

where the non-compliance is due to force majeure.

| (c) | shall provide that no administrative penalty be imposed
  if:










  (i) | the non-compliance is due to force majeure; |
| --- | --- | --- |

(c)

shall provide that no administrative penalty be imposed
  if:

if:

(i)

(i)

the non-compliance is due to force majeure;

the non-compliance is due to force majeure;

| (ii) | the non-compliance is due to an order from a public authority; or |
| --- | --- |

(ii)

(ii)

the non-compliance is due to an order from a public authority; or

the non-compliance is due to an order from a public authority; or

| (iii) | the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the beneficiary subject to the administrative penalty. |
| --- | --- |

(iii)

(iii)

the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the beneficiary subject to the administrative penalty.

the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the beneficiary subject to the administrative penalty.

Amendment 229

Amendment 229

Proposal for a regulation

Proposal for a regulation

Article 86

Article 86

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The administrative penalties
  provided for in Section 2 of Chapter 1 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation]
  shall be applied by means of reduction
  from
  or exclusion of the total amount of the payments listed in
  that Section of that Regulation
  granted or to be granted to the beneficiary concerned in respect of aid applications
  he
  has submitted or will submit in the course of the calendar year of the finding. | 1.   The administrative penalties shall be applied by means of reduction or exclusion of the total amount of the payments listed in
  Article 84(1)
  granted or to be granted to the beneficiary concerned in respect of aid applications
  that beneficiary
  has submitted or will submit in the course of the calendar year of the finding. |
| For the calculation of those reductions and exclusions, account shall be taken of the severity, extent, permanence, reoccurrence or intentionality of the non-compliance determined. The penalties imposed shall be dissuasive and proportionate, and compliant with the criteria set out in paragraphs 2 and 3 of this Article. | For the calculation of those reductions and exclusions, account shall be taken of the severity, extent, permanence, reoccurrence or intentionality of the non-compliance determined. The penalties imposed shall be dissuasive and proportionate, and compliant with the criteria set out in paragraphs 2 and 3 of this Article. |
| 2.   In the case of non-compliance due to negligence, the percentage of reduction shall be as a general rule 3 % of the total amount of the payments referred to in paragraph 1 of this Article. | 2.   In the case of non-compliance due to negligence, the percentage of reduction shall be as a general rule 3 % of the total amount of the payments referred to in paragraph 1 of this Article.
  That reduction shall be determined on the basis of the assessment of the severity of the non-compliance, based on the criteria set out in paragraph 1 of this Article. |
| Member States
  may
  set up
  an
  early warning system that applies to individual cases of non-compliance occurring for the first time and which, given their minor severity, extent and permanence, shall not lead to a reduction or exclusion. Where a subsequent check within three consecutive calendar years establishes that the non-compliance has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively. | Member States
  shall
  set up
  and use the
  early warning system
  referred to in Article 84(3)
  that applies to individual cases of non-compliance occurring for the first time and which, given their minor severity, extent and permanence, shall not lead to a reduction or exclusion
  . The relevant authority shall notify the beneficiary of the obligation to take remedial action and propose corrective measures that have to be taken to remedy the non-compliance
  . Where a subsequent check within three consecutive calendar years establishes that the non-compliance has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively. |
| However, cases of non-compliance which constitute a direct risk to public or animal health shall always lead to a reduction or exclusion. | However, cases of non-compliance which constitute a direct risk to public or animal health shall always lead to a reduction or exclusion. |
| Member States
  may
  provide
  mandatory
  training under the farm advisory system provided for in Section 3 of Chapter 1 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation] to the beneficiaries who have received an early warning. | Member States
  shall
  provide
  for specific
  training
  on conditionality
  under the farm advisory system provided for in Section 3 of Chapter 1 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation] to the beneficiaries who have received an early warning
  , attendance of which may be made mandatory
  . |
| 3.   In case of reoccurrence, the percentage reduction shall be
  higher than the one to be applied in case of non-compliance due to negligence and sanctioned for the first time
  . | 3.   In
  the
  case of reoccurrence
  of a non-compliance
  , the percentage reduction shall be
  , as a general rule, 10 % of the total amount of the payments referred to in paragraph 1
  . |
| | In the case of subsequent reoccurrences of non-compliance, and if no justified reason is provided by the beneficiary concerned, that beneficiary shall be considered to have acted intentionally within the meaning of paragraph 4. |
| 4.   In case of intentional non-compliance, the percentage shall be
  higher than the one applied in case of reoccurrence pursuant to
  paragraph
  3
  and may
  go as far as
  total exclusion from payments and may apply for one or more calendar years. | 4.   In
  the
  case of intentional non-compliance, the percentage
  reduction
  shall be
  at least 15 % of the total amount of the payments referred to in
  paragraph
  1
  and may
  amount to the
  total exclusion from payments and may apply for one or more calendar years. |
| 5.   In order to ensure a level-playing field between Member States and the effectiveness and dissuasive effect of the penalty system, the Commission shall be empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with further rules on the application and calculation of penalties. | 5.   In order to ensure a level-playing field between Member States and the effectiveness and dissuasive effect of the penalty system, the Commission shall be empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with further rules on the application and calculation of penalties. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The administrative penalties
  provided for in Section 2 of Chapter 1 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation]
  shall be applied by means of reduction
  from
  or exclusion of the total amount of the payments listed in
  that Section of that Regulation
  granted or to be granted to the beneficiary concerned in respect of aid applications
  he
  has submitted or will submit in the course of the calendar year of the finding.

1.   The administrative penalties shall be applied by means of reduction or exclusion of the total amount of the payments listed in
  Article 84(1)
  granted or to be granted to the beneficiary concerned in respect of aid applications
  that beneficiary
  has submitted or will submit in the course of the calendar year of the finding.

For the calculation of those reductions and exclusions, account shall be taken of the severity, extent, permanence, reoccurrence or intentionality of the non-compliance determined. The penalties imposed shall be dissuasive and proportionate, and compliant with the criteria set out in paragraphs 2 and 3 of this Article.

For the calculation of those reductions and exclusions, account shall be taken of the severity, extent, permanence, reoccurrence or intentionality of the non-compliance determined. The penalties imposed shall be dissuasive and proportionate, and compliant with the criteria set out in paragraphs 2 and 3 of this Article.

2.   In the case of non-compliance due to negligence, the percentage of reduction shall be as a general rule 3 % of the total amount of the payments referred to in paragraph 1 of this Article.

2.   In the case of non-compliance due to negligence, the percentage of reduction shall be as a general rule 3 % of the total amount of the payments referred to in paragraph 1 of this Article.
  That reduction shall be determined on the basis of the assessment of the severity of the non-compliance, based on the criteria set out in paragraph 1 of this Article.

Member States
  may
  set up
  an
  early warning system that applies to individual cases of non-compliance occurring for the first time and which, given their minor severity, extent and permanence, shall not lead to a reduction or exclusion. Where a subsequent check within three consecutive calendar years establishes that the non-compliance has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively.

may

an

Member States
  shall
  set up
  and use the
  early warning system
  referred to in Article 84(3)
  that applies to individual cases of non-compliance occurring for the first time and which, given their minor severity, extent and permanence, shall not lead to a reduction or exclusion
  . The relevant authority shall notify the beneficiary of the obligation to take remedial action and propose corrective measures that have to be taken to remedy the non-compliance
  . Where a subsequent check within three consecutive calendar years establishes that the non-compliance has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively.

shall

and use the

referred to in Article 84(3)

. The relevant authority shall notify the beneficiary of the obligation to take remedial action and propose corrective measures that have to be taken to remedy the non-compliance

However, cases of non-compliance which constitute a direct risk to public or animal health shall always lead to a reduction or exclusion.

However, cases of non-compliance which constitute a direct risk to public or animal health shall always lead to a reduction or exclusion.

Member States
  may
  provide
  mandatory
  training under the farm advisory system provided for in Section 3 of Chapter 1 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation] to the beneficiaries who have received an early warning.

may

mandatory

Member States
  shall
  provide
  for specific
  training
  on conditionality
  under the farm advisory system provided for in Section 3 of Chapter 1 of Title III of Regulation (EU) .../...[CAP Strategic Plan Regulation] to the beneficiaries who have received an early warning
  , attendance of which may be made mandatory
  .

shall

for specific

on conditionality

, attendance of which may be made mandatory

3.   In case of reoccurrence, the percentage reduction shall be
  higher than the one to be applied in case of non-compliance due to negligence and sanctioned for the first time
  .

3.   In
  the
  case of reoccurrence
  of a non-compliance
  , the percentage reduction shall be
  , as a general rule, 10 % of the total amount of the payments referred to in paragraph 1
  .

In the case of subsequent reoccurrences of non-compliance, and if no justified reason is provided by the beneficiary concerned, that beneficiary shall be considered to have acted intentionally within the meaning of paragraph 4.

In the case of subsequent reoccurrences of non-compliance, and if no justified reason is provided by the beneficiary concerned, that beneficiary shall be considered to have acted intentionally within the meaning of paragraph 4.

4.   In case of intentional non-compliance, the percentage shall be
  higher than the one applied in case of reoccurrence pursuant to
  paragraph
  3
  and may
  go as far as
  total exclusion from payments and may apply for one or more calendar years.

4.   In
  the
  case of intentional non-compliance, the percentage
  reduction
  shall be
  at least 15 % of the total amount of the payments referred to in
  paragraph
  1
  and may
  amount to the
  total exclusion from payments and may apply for one or more calendar years.

5.   In order to ensure a level-playing field between Member States and the effectiveness and dissuasive effect of the penalty system, the Commission shall be empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with further rules on the application and calculation of penalties.

5.   In order to ensure a level-playing field between Member States and the effectiveness and dissuasive effect of the penalty system, the Commission shall be empowered to adopt delegated acts in accordance with Article 100 supplementing this Regulation with further rules on the application and calculation of penalties.

Amendment 202

Amendment 202

Proposal for a regulation

Proposal for a regulation

Article 87 — paragraph 1

Article 87 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States may retain
  20
  % of the amounts resulting from the application of the reductions and exclusions referred to in Article 86. | Member States may retain
  25
  % of the amounts resulting from the application of the reductions and exclusions referred to in Article 86. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States may retain
  20
  % of the amounts resulting from the application of the reductions and exclusions referred to in Article 86.

20

Member States may retain
  25
  % of the amounts resulting from the application of the reductions and exclusions referred to in Article 86.

25

Amendment 230

Amendment 230

Proposal for a regulation

Proposal for a regulation

Article 96 — paragraph 1

Article 96 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall ensure annual ex-post publication of the beneficiaries of the Funds
  in.accordance
  with [Article 44(3)-(5) of Regulation (EU) .../...CPR Regulation] and paragraphs 2, 3 and 4 of this Article. | 1.   Member States shall ensure annual ex-post publication of the beneficiaries of the Funds
  in accordance
  with [Article 44(3)
  to
  (5) of Regulation (EU) .../...CPR Regulation] and paragraphs 2, 3 and 4 of this Article.
  Where beneficiaries are part of a group within the meaning of point 11 of Article 2(1) of Directive 2013/34/EU, the published information shall allow for the identification of that group. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall ensure annual ex-post publication of the beneficiaries of the Funds
  in.accordance
  with [Article 44(3)-(5) of Regulation (EU) .../...CPR Regulation] and paragraphs 2, 3 and 4 of this Article.

1.   Member States shall ensure annual ex-post publication of the beneficiaries of the Funds
  in accordance
  with [Article 44(3)
  to
  (5) of Regulation (EU) .../...CPR Regulation] and paragraphs 2, 3 and 4 of this Article.
  Where beneficiaries are part of a group within the meaning of point 11 of Article 2(1) of Directive 2013/34/EU, the published information shall allow for the identification of that group.

Amendment 203

Amendment 203

Proposal for a regulation

Proposal for a regulation

Article 100 a (new)

Article 100 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 100a




  Urgency procedure





  1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.






  2.
     
  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 100(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 100a

Urgency procedure

1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.
     
  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 100(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

Amendment 204

Amendment 204

Proposal for a regulation

Proposal for a regulation

Article 102 — paragraph 1 — subparagraph 2 — point a

Article 102 — paragraph 1 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | Article 5, Article 7(3),
  Articles
  9, 34, Article 35(4), Articles 36, 37, 38, 43, 51, 52, 54, 110 and 111 of Regulation (EU) No 1306/2013 and the relevant implementing and delegated rules shall continue to apply in relation to expenditure incurred and payments made for the agricultural financial year 2020 and before as regards the EAGF, and as regards the EAFRD in relation to expenditure incurred and payments made for rural development programmes approved by the Commission under Regulation (EU) No 1305/2013, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

Article 5, Article 7(3),
  Articles
  9, 34, Article 35(4), Articles 36, 37, 38, 43, 51, 52, 54, 110 and 111 of Regulation (EU) No 1306/2013 and the relevant implementing and delegated rules shall continue to apply in relation to expenditure incurred and payments made for the agricultural financial year 2020 and before as regards the EAGF, and as regards the EAFRD in relation to expenditure incurred and payments made for rural development programmes approved by the Commission under Regulation (EU) No 1305/2013,

Articles

| (a) | Article 5, Article 7(3),
  Article
  9,
  Article 26(5), Article
  34, Article 35(4), Articles 36, 37, 38, 43, 51, 52, 54, 110 and 111 of Regulation (EU) No 1306/2013 and the relevant implementing and delegated rules shall continue to apply in relation to expenditure incurred and payments made for the agricultural financial year 2020 and before as regards the EAGF, and as regards the EAFRD in relation to expenditure incurred and payments made for rural development programmes approved by the Commission under Regulation (EU) No 1305/2013, |
| --- | --- |

(a)

Article 5, Article 7(3),
  Article
  9,
  Article 26(5), Article
  34, Article 35(4), Articles 36, 37, 38, 43, 51, 52, 54, 110 and 111 of Regulation (EU) No 1306/2013 and the relevant implementing and delegated rules shall continue to apply in relation to expenditure incurred and payments made for the agricultural financial year 2020 and before as regards the EAGF, and as regards the EAFRD in relation to expenditure incurred and payments made for rural development programmes approved by the Commission under Regulation (EU) No 1305/2013,

Article

Article 26(5), Article

Amendment 205

Amendment 205

Proposal for a regulation

Proposal for a regulation

Article 103

Article 103

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 103 | deleted |
| Transitional measures | |
| The Commission is empowered to adopt delegated acts in accordance with Article 101 supplementing this Regulation with derogations from, and additions to, the rules provided for in this Regulation, where necessary. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 103

Article 103

deleted

deleted

Transitional measures

Transitional measures

The Commission is empowered to adopt delegated acts in accordance with Article 101 supplementing this Regulation with derogations from, and additions to, the rules provided for in this Regulation, where necessary.

The Commission is empowered to adopt delegated acts in accordance with Article 101 supplementing this Regulation with derogations from, and additions to, the rules provided for in this Regulation, where necessary.

---

(*1)  References to ‘cp’ in the headings of adopted amendments shall be understood as the corresponding part of those amendments.

*1

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0199/2019).

1

(12)  Regulation (EU, Euratom)
  No [New
  Financial Regulation].

12

No [New

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

12

2018/1046 of the European Parliament and of the Council of 18 July 2018 on the

rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing

(EU, Euratom) No 966/2012

(OJ L 193, 30.7.2018, p. 1).

(1a)  
  [CPR Regulation]

1a

[CPR Regulation]

(15)  Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L 248, 18.9.2013, p. 1).

15

(16)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.
  95
  , p. 1).

16

95

(17)  Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

17

(18)  Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

18

(19)  Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

19

(15)  Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L 248, 18.9.2013, p. 1).

15

(16)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.
  1995
  , p. 1).

16

1995

(17)  Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

17

(18)  Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

18

(19)  Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

19

(1a)  
  European Parliament resolution of 30 March 2017 on the state of play of farmland concentration in the EU: how to facilitate the access to land for farmers (Texts adopted, P8_TA(2017)0197).

1a

European Parliament resolution of 30 March 2017 on the state of play of farmland concentration in the EU: how to facilitate the access to land for farmers (Texts adopted, P8_TA(2017)0197).

(1b)  
  European Ombudsman’s decision in case 1782/2019/EWM.

1b

European Ombudsman’s decision in case 1782/2019/EWM.

(1c)  
  Regulation (EU) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011 (OJ L 200, 7.8.2018, p. 1).

1c

Regulation (EU) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011 (OJ L 200, 7.8.2018, p. 1).

(33)  Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).

33

(34)  Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).

34

(33)  Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).

33

(34)  Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).

34

(34a)  
  Council Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs (OJ L 213, 8.8.2008, p. 31).

34a

Council Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs (OJ L 213, 8.8.2008, p. 31).

---

| 6.10.2021 | EN | Official Journal of the European Union | C 404/651 |
| --- | --- | --- | --- |

6.10.2021

EN

Official Journal of the European Union

C 404/651

---

P9_TA(2020)0289

Common agricultural policy — amendment of the CMO and other Regulations ***I

Amendments (*1) adopted by the European Parliament on 23 October 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products, (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union and (EU) No 229/2013 laying down specific measures for agriculture in favour of the smaller Aegean islands (COM(2018)0394 — C8-0246/2018 — 2018/0218(COD)) (1)

(Ordinary legislative procedure: first reading)

(2021/C 404/20)

Amendment 1

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 sets out the challenges, objectives and orientations for the future Common Agricultural Policy (CAP) after 2020. These objectives include, inter alia, the need for the CAP to be more result-driven, to boost modernisation and sustainability, including the economic, social, environmental and climate sustainability of the agricultural, forestry and rural areas, and to help reducing the Union legislation-related administrative burden for beneficiaries. |

Text proposed by the Commission

Amendment

(1)

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

| (1) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 sets out the challenges, objectives and orientations for the future Common Agricultural Policy (CAP) after 2020. These objectives include, inter alia, the need for the CAP to be more result-driven, to boost
  , in line with the 2030 Agenda for Sustainable Development and the Paris Climate Agreement,
  modernisation and sustainability, including the economic, social, environmental and climate sustainability of the agricultural, forestry and rural areas
  (including through an increased focus on agri-forestry), to mitigate food waste and promote education on healthy eating habits
  ,
  to produce healthy food
  , and to help reducing the Union legislation-related administrative burden for beneficiaries.
  The Communication also stresses the global dimension of the CAP and states the Union’s commitment to enhance Policy Coherence for Sustainable Development (PCSD). |
| --- | --- |

(1)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 sets out the challenges, objectives and orientations for the future Common Agricultural Policy (CAP) after 2020. These objectives include, inter alia, the need for the CAP to be more result-driven, to boost
  , in line with the 2030 Agenda for Sustainable Development and the Paris Climate Agreement,
  modernisation and sustainability, including the economic, social, environmental and climate sustainability of the agricultural, forestry and rural areas
  (including through an increased focus on agri-forestry), to mitigate food waste and promote education on healthy eating habits
  ,
  to produce healthy food
  , and to help reducing the Union legislation-related administrative burden for beneficiaries.
  The Communication also stresses the global dimension of the CAP and states the Union’s commitment to enhance Policy Coherence for Sustainable Development (PCSD).

Amendment 2

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | The development of trade agreements will lead, on the one hand, to increased competition between agricultural producers abroad, while at the same time opening up new opportunities for them. In order to maintain fair competition and ensure reciprocity in international trade, the Union should enforce production standards that are consistent with those established for its own producers, in particular in the environmental and health fields, subject to reciprocity. |

Text proposed by the Commission

Amendment

(1a)

The development of trade agreements will lead, on the one hand, to increased competition between agricultural producers abroad, while at the same time opening up new opportunities for them. In order to maintain fair competition and ensure reciprocity in international trade, the Union should enforce production standards that are consistent with those established for its own producers, in particular in the environmental and health fields, subject to reciprocity.

Amendment 3

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | Since the CAP needs to sharpen its responses to the challenges and opportunities as they manifest themselves at Union, international, national, regional, local and farm levels, it is necessary to streamline the governance of the CAP and improve its delivery on the Union objectives and to significantly decrease the administrative burden. In the CAP based on delivery of performance (‘delivery model’), the Union should set the basic policy parameters, such as objectives of the CAP and basic requirements, while Member States
  should
  bear greater responsibility as to how they meet the objectives and achieve targets. Enhanced subsidiarity makes it possible to better take into account local conditions and needs, tailoring the support to maximise the contribution to Union objectives. |

Text proposed by the Commission

Amendment

(2)

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

| (2) | Since the CAP needs to sharpen its responses to the challenges and opportunities as they manifest themselves at Union, international, national, regional, local and farm levels, it is necessary to streamline the governance of the CAP and improve its delivery on the Union objectives and to significantly decrease the administrative burden. In the CAP based on delivery of performance (‘delivery model’),
  and bearing in mind as a primary focus the objective of providing a sustainable income for producers,
  the Union should set the basic policy parameters, such as objectives of the CAP and basic requirements, while Member States bear greater responsibility as to how they meet the objectives and achieve targets. Enhanced subsidiarity makes it possible to better take into account local conditions and needs, tailoring the support to maximise the contribution to Union objectives. |
| --- | --- |

(2)

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

Amendment 4

Proposal for a regulation

Recital 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | Nevertheless, growing price volatility and falling farmer incomes, which have been exacerbated by the CAP’s increasing focus on markets, are giving rise to the need to create new public instruments for regulating supply that ensure fair distribution of production between countries and farmers. |

Text proposed by the Commission

Amendment

(2a)

Nevertheless, growing price volatility and falling farmer incomes, which have been exacerbated by the CAP’s increasing focus on markets, are giving rise to the need to create new public instruments for regulating supply that ensure fair distribution of production between countries and farmers.

Amendment 5

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | To ensure coherence of the CAP, all interventions of the future CAP should be part of a strategic support plan which would include certain sectoral interventions that were laid down in Regulation (EU) No 1308/2013 of the European Parliament and of the Council (10). |

Text proposed by the Commission

Amendment

(3)

To ensure coherence of the CAP, all interventions of the future CAP should be part of a strategic support plan which would include certain sectoral interventions that were laid down in Regulation (EU) No 1308/2013 of the European Parliament and of the Council (10).

| (3) | To ensure coherence of the CAP, all interventions of the future CAP
  should respect the principles of sustainable development, gender equality and fundamental rights, and
  should be part of a strategic support plan which would include certain sectoral interventions that were laid down in Regulation (EU) No 1308/2013 of the European Parliament and of the Council (10). |
| --- | --- |

(3)

To ensure coherence of the CAP, all interventions of the future CAP
  should respect the principles of sustainable development, gender equality and fundamental rights, and
  should be part of a strategic support plan which would include certain sectoral interventions that were laid down in Regulation (EU) No 1308/2013 of the European Parliament and of the Council (10).

Amendment 6

Proposal for a regulation

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | In order to give substance to the objectives of the CAP as established by Article 39 of the Treaty on the Functioning of the European Union (TFEU), as well as to ensure that the Union adequately addresses its most recent challenges, it is appropriate to provide for a set of general objectives reflecting the orientations given in the Communication on ‘The Future of Food and Farming’. Without prejudice to the specific objectives set out in the CAP strategic plans, a series of additional objectives specific to the common organisation of agricultural markets should also be established. |

Text proposed by the Commission

Amendment

(3a)

In order to give substance to the objectives of the CAP as established by Article 39 of the Treaty on the Functioning of the European Union (TFEU), as well as to ensure that the Union adequately addresses its most recent challenges, it is appropriate to provide for a set of general objectives reflecting the orientations given in the Communication on ‘The Future of Food and Farming’. Without prejudice to the specific objectives set out in the CAP strategic plans, a series of additional objectives specific to the common organisation of agricultural markets should also be established.

Amendment 7

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Annex II to Regulation (EU) No 1308/2013 sets out certain definitions concerning sectors falling within the scope of that Regulation. Definitions concerning the sugar sector set out in Section B of Part II of that Annex should be deleted because they are no longer applicable. In order to update definitions concerning other sectors referred to in that Annex, in light of new scientific knowledge or market developments, the power to adopt acts in accordance with Article 290
  of the Treaty on the Functioning of the European Union
  should be delegated to the Commission in respect of the
  amendment
  of those definitions. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Consequently, the individual empowerment delegated to the Commission in point 4 of section A of Part II of that Annex to amend the definition of inulin syrup should be deleted. |

Text proposed by the Commission

Amendment

(4)

Annex II to Regulation (EU) No 1308/2013 sets out certain definitions concerning sectors falling within the scope of that Regulation. Definitions concerning the sugar sector set out in Section B of Part II of that Annex should be deleted because they are no longer applicable. In order to update definitions concerning other sectors referred to in that Annex, in light of new scientific knowledge or market developments, the power to adopt acts in accordance with Article 290
  of the Treaty on the Functioning of the European Union
  should be delegated to the Commission in respect of the
  amendment
  of those definitions. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Consequently, the individual empowerment delegated to the Commission in point 4 of section A of Part II of that Annex to amend the definition of inulin syrup should be deleted.

| (4) | Annex II to Regulation (EU) No 1308/2013 sets out certain definitions concerning sectors falling within the scope of that Regulation. Definitions concerning the sugar sector set out in Section B of Part II of that Annex should be deleted because they are no longer applicable. In order to update definitions concerning other sectors referred to in that Annex, in light of new scientific knowledge or market developments, the power to adopt acts in accordance with Article 290
  TFEU
  should be delegated to the Commission in respect of the
  updating
  of those definitions
  , without adding new ones
  . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Consequently, the individual empowerment delegated to the Commission in point 4 of section A of Part II of that Annex to amend the definition of inulin syrup should be deleted. |
| --- | --- |

(4)

Annex II to Regulation (EU) No 1308/2013 sets out certain definitions concerning sectors falling within the scope of that Regulation. Definitions concerning the sugar sector set out in Section B of Part II of that Annex should be deleted because they are no longer applicable. In order to update definitions concerning other sectors referred to in that Annex, in light of new scientific knowledge or market developments, the power to adopt acts in accordance with Article 290
  TFEU
  should be delegated to the Commission in respect of the
  updating
  of those definitions
  , without adding new ones
  . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Consequently, the individual empowerment delegated to the Commission in point 4 of section A of Part II of that Annex to amend the definition of inulin syrup should be deleted.

Amendment 8

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | In view of
  the decrease in the actual area planted with vines in several Member States in the years 2014-2017, and
  in view of
  the potential loss in production ensuing, when establishing the area for new planting authorisations referred to in Article 63(1) of Regulation (EU) No 1308/2013, Member States should be able to choose between the existing basis and a percentage of the total area actually planted with vines in their territory on 31 July 2015 increased by an area corresponding to the planting rights under Regulation (EC) No 1234/2007 available for conversion into authorisations in the Member State concerned on 1 January 2016. |

Text proposed by the Commission

Amendment

(8)

In view of
  the decrease in the actual area planted with vines in several Member States in the years 2014-2017, and
  in view of
  the potential loss in production ensuing, when establishing the area for new planting authorisations referred to in Article 63(1) of Regulation (EU) No 1308/2013, Member States should be able to choose between the existing basis and a percentage of the total area actually planted with vines in their territory on 31 July 2015 increased by an area corresponding to the planting rights under Regulation (EC) No 1234/2007 available for conversion into authorisations in the Member State concerned on 1 January 2016.

| (8) | Without calling into question the fact that a too-rapid increase in the number of new vine plantations to meet the expected growth of international demand could lead, once again, to a situation of overcapacity in supply in the medium term, it is necessary to take into account
  the decrease in the actual area planted with vines in several Member States in the years 2014-2017 and the potential loss in production ensuing, when establishing the area for new planting authorisations referred to in Article 63(1) of Regulation (EU) No 1308/2013. Member States should be able to choose between the existing basis and a percentage of the total area actually planted with vines in their territory on 31 July 2015 increased by an area corresponding to the planting rights under Regulation (EC) No 1234/2007 available for conversion into authorisations in the Member State concerned on 1 January 2016. |
| --- | --- |

(8)

Without calling into question the fact that a too-rapid increase in the number of new vine plantations to meet the expected growth of international demand could lead, once again, to a situation of overcapacity in supply in the medium term, it is necessary to take into account
  the decrease in the actual area planted with vines in several Member States in the years 2014-2017 and the potential loss in production ensuing, when establishing the area for new planting authorisations referred to in Article 63(1) of Regulation (EU) No 1308/2013. Member States should be able to choose between the existing basis and a percentage of the total area actually planted with vines in their territory on 31 July 2015 increased by an area corresponding to the planting rights under Regulation (EC) No 1234/2007 available for conversion into authorisations in the Member State concerned on 1 January 2016.

Amendment 256

Proposal for a regulation

Recital 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8a) | In order to achieve a better soil management in viticulture, extending replanting authorisations from three to six years should be authorised, as was the case in the previous regulation of replanting rights. Delaying the use of replanting authorisation could have a positive environmental impact as the soil could rest and natural processes, instead of resorting to chemical inputs, could eliminate bacteria and viruses. |

Text proposed by the Commission

Amendment

(8a)

In order to achieve a better soil management in viticulture, extending replanting authorisations from three to six years should be authorised, as was the case in the previous regulation of replanting rights. Delaying the use of replanting authorisation could have a positive environmental impact as the soil could rest and natural processes, instead of resorting to chemical inputs, could eliminate bacteria and viruses.

Amendment 9

Proposal for a regulation

Recital 8 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8b) | In order to respond to cases of circumvention not provided for in this Regulation, Member States should be authorised to adopt measures to avoid the circumvention of eligibility or priority criteria by applicants of authorisations where the actions are not already covered by the specific anti-circumvention provisions laid down in this Regulation with regard to the specific eligibility and priority criteria. |

Text proposed by the Commission

Amendment

(8b)

In order to respond to cases of circumvention not provided for in this Regulation, Member States should be authorised to adopt measures to avoid the circumvention of eligibility or priority criteria by applicants of authorisations where the actions are not already covered by the specific anti-circumvention provisions laid down in this Regulation with regard to the specific eligibility and priority criteria.

Amendment 10

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | Rules for classifying wine grape varieties by Member States should be modified to include the wine grape varieties Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont, previously excluded. To ensure that wine production in the Union develops a higher resistance to diseases and that it uses vine varieties better adapted to changing climatic conditions, provision should be made allowing Vitis Labrusca varieties and varieties stemming from crosses between Vitis vinifera, Vitis Labrusca and other species of the genus Vitis to be planted for wine production in the Union. |

Text proposed by the Commission

Amendment

(9)

Rules for classifying wine grape varieties by Member States should be modified to include the wine grape varieties Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont, previously excluded. To ensure that wine production in the Union develops a higher resistance to diseases and that it uses vine varieties better adapted to changing climatic conditions, provision should be made allowing Vitis Labrusca varieties and varieties stemming from crosses between Vitis vinifera, Vitis Labrusca and other species of the genus Vitis to be planted for wine production in the Union.

deleted

Amendment 11

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | Provisions concerning certificates of compliance and analysis reports for imports of wine should be applied in light of the international agreements concluded in accordance with the
  Treaty on the Functioning of the European Union (‘
  TFEU’). |

Text proposed by the Commission

Amendment

(11)

Provisions concerning certificates of compliance and analysis reports for imports of wine should be applied in light of the international agreements concluded in accordance with the
  Treaty on the Functioning of the European Union (‘
  TFEU’).

| (11) | Provisions concerning certificates of compliance and analysis reports for imports of wine should be applied in light of the international agreements concluded in accordance with the TFEU
  , ensuring that the traceability and quality standards comply with the European standards
  . |
| --- | --- |

(11)

Provisions concerning certificates of compliance and analysis reports for imports of wine should be applied in light of the international agreements concluded in accordance with the TFEU
  , ensuring that the traceability and quality standards comply with the European standards
  .

Amendment 12

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | The definition of a designation of origin should be aligned with the definition in the Agreement on Trade-Related Aspects of Intellectual Property Rights

   (12)

  (‘TRIPS Agreement’), approved by Council Decision 94/800/EC

   (13)

  , in particular with Article 22(1) thereof, in that the name is to identify the product as originating in a specific region or a specific place. |

Text proposed by the Commission

Amendment

(12)

The definition of a designation of origin should be aligned with the definition in the Agreement on Trade-Related Aspects of Intellectual Property Rights

   (12)

  (‘TRIPS Agreement’), approved by Council Decision 94/800/EC

   (13)

  , in particular with Article 22(1) thereof, in that the name is to identify the product as originating in a specific region or a specific place.

deleted

Amendment 13

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | To ensure coherent decision-making as regards applications for protection and objection submitted in the preliminary national procedure referred to in Article 96 of Regulation (EU) No 1308/2013, the Commission should be informed in a timely and regular manner when procedures are launched before national courts or other bodies concerning an application for protection forwarded by the Member State to the Commission, as referred to in Article 96(5) of Regulation (EU) No 1308/2013.
  Implementing powers should be conferred on the Commission in order to, in those circumstances and where appropriate, suspend the examination of the application until the national court or other national body has adjudicated on the challenge to the Member State’s assessment of the application in the preliminary national procedure. |

Text proposed by the Commission

Amendment

(13)

To ensure coherent decision-making as regards applications for protection and objection submitted in the preliminary national procedure referred to in Article 96 of Regulation (EU) No 1308/2013, the Commission should be informed in a timely and regular manner when procedures are launched before national courts or other bodies concerning an application for protection forwarded by the Member State to the Commission, as referred to in Article 96(5) of Regulation (EU) No 1308/2013.
  Implementing powers should be conferred on the Commission in order to, in those circumstances and where appropriate, suspend the examination of the application until the national court or other national body has adjudicated on the challenge to the Member State’s assessment of the application in the preliminary national procedure.

| (13) | To ensure coherent decision-making as regards applications for protection and objection submitted in the preliminary national procedure referred to in Article 96 of Regulation (EU) No 1308/2013, the Commission should be informed in a timely and regular manner when procedures are launched before national courts or other bodies concerning an application for protection forwarded by the Member State to the Commission, as referred to in Article 96(5) of Regulation (EU) No 1308/2013. |
| --- | --- |

(13)

To ensure coherent decision-making as regards applications for protection and objection submitted in the preliminary national procedure referred to in Article 96 of Regulation (EU) No 1308/2013, the Commission should be informed in a timely and regular manner when procedures are launched before national courts or other bodies concerning an application for protection forwarded by the Member State to the Commission, as referred to in Article 96(5) of Regulation (EU) No 1308/2013.

Amendment 14

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | Registration of geographical indications should be made simpler and faster by separating the assessment of compliance with intellectual property rules from the assessment of compliance of the product specifications with the requirements laid down in the marketing standards and labelling rules. |

Text proposed by the Commission

Amendment

(14)

Registration of geographical indications should be made simpler and faster by separating the assessment of compliance with intellectual property rules from the assessment of compliance of the product specifications with the requirements laid down in the marketing standards and labelling rules.

deleted

Amendment 15

Proposal for a regulation

Recital 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14a) | The Member States which acceded to the Union since 2004 should be encouraged to start the procedures for registration of the geographical indications by facilitating the exchange of best practice among Member States. |

Text proposed by the Commission

Amendment

(14a)

The Member States which acceded to the Union since 2004 should be encouraged to start the procedures for registration of the geographical indications by facilitating the exchange of best practice among Member States.

Amendment 16

Proposal for a regulation

Recital 14 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14b) | Partners in developing countries should thus be helped to develop a system of geographical indications and labels. Those indications and labels should also be recognised by the Union and its Member States. |

Text proposed by the Commission

Amendment

(14b)

Partners in developing countries should thus be helped to develop a system of geographical indications and labels. Those indications and labels should also be recognised by the Union and its Member States.

Amendment 17

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | The assessment carried out by the competent authorities of Member States is an essential step in the procedure. Member States have knowledge, expertise and access to data and facts that make them the best placed to verify whether the information provided in the application is correct and truthful. Therefore, Member States should guarantee that the result of that assessment, which is to be faithfully recorded in a single document summarising the relevant elements of the product specification, is reliable and accurate. Having regard to the principle of subsidiarity, the Commission should subsequently scrutinise applications to ensure that there are no manifest errors and that Union law and the interests of stakeholders outside the Member State of application are taken into account. |

Text proposed by the Commission

Amendment

(15)

The assessment carried out by the competent authorities of Member States is an essential step in the procedure. Member States have knowledge, expertise and access to data and facts that make them the best placed to verify whether the information provided in the application is correct and truthful. Therefore, Member States should guarantee that the result of that assessment, which is to be faithfully recorded in a single document summarising the relevant elements of the product specification, is reliable and accurate. Having regard to the principle of subsidiarity, the Commission should subsequently scrutinise applications to ensure that there are no manifest errors and that Union law and the interests of stakeholders outside the Member State of application are taken into account.

| (15) | The assessment carried out by the competent authorities of Member States is an essential step in the procedure. Member States have knowledge, expertise and access to data and facts that make them the best placed to verify whether the information provided in the application is correct and truthful. Therefore, Member States should guarantee that the result of that assessment, which is to be faithfully recorded in a single document summarising the relevant elements of the product specification, is reliable and accurate. Having regard to the principle of subsidiarity, the Commission should subsequently scrutinise applications to ensure that there are no manifest errors and that Union law and the interests of stakeholders outside the Member State of application
  and outside the Union
  are taken into account. |
| --- | --- |

(15)

The assessment carried out by the competent authorities of Member States is an essential step in the procedure. Member States have knowledge, expertise and access to data and facts that make them the best placed to verify whether the information provided in the application is correct and truthful. Therefore, Member States should guarantee that the result of that assessment, which is to be faithfully recorded in a single document summarising the relevant elements of the product specification, is reliable and accurate. Having regard to the principle of subsidiarity, the Commission should subsequently scrutinise applications to ensure that there are no manifest errors and that Union law and the interests of stakeholders outside the Member State of application
  and outside the Union
  are taken into account.

Amendment 18

Proposal for a regulation

Recital 17 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17a) | Experience gained in the context of the protection of designations of origin and geographical indications in the wine sector has shown that the procedures in force for the registration, amendment and cancellation of designations of origin and geographical indications of the Union or third countries can be complex, cumbersome and lengthy. Regulation (EU) No 1308/2013 created legal loopholes, in particular as regards the procedure to be followed for requests for amendments to the product specifications. The procedural rules concerning designations of origin and geographical indications in the wine sector do not comply with the rules applicable to quality systems in the foodstuffs, spirit drinks and aromatised wines sectors under Union law. This situation has led to inconsistencies in the way in which that category of intellectual property rights is applied. Those inconsistencies should be addressed in light of the right to intellectual property protection laid down in Article 17(2) of the Charter of Fundamental Rights of the European Union. This Regulation should therefore simplify, clarify, supplement and harmonise the procedures concerned. The procedures should, to the greatest extent possible, be established along the lines of effective and duly proven procedures for the protection of intellectual property rights in respect of agricultural products and foodstuffs, as laid down in Regulation (EU) No 1151/2012 and the implementing regulations adopted pursuant thereto, while taking the specificities of the wine sector into account. |

Text proposed by the Commission

Amendment

(17a)

Experience gained in the context of the protection of designations of origin and geographical indications in the wine sector has shown that the procedures in force for the registration, amendment and cancellation of designations of origin and geographical indications of the Union or third countries can be complex, cumbersome and lengthy. Regulation (EU) No 1308/2013 created legal loopholes, in particular as regards the procedure to be followed for requests for amendments to the product specifications. The procedural rules concerning designations of origin and geographical indications in the wine sector do not comply with the rules applicable to quality systems in the foodstuffs, spirit drinks and aromatised wines sectors under Union law. This situation has led to inconsistencies in the way in which that category of intellectual property rights is applied. Those inconsistencies should be addressed in light of the right to intellectual property protection laid down in Article 17(2) of the Charter of Fundamental Rights of the European Union. This Regulation should therefore simplify, clarify, supplement and harmonise the procedures concerned. The procedures should, to the greatest extent possible, be established along the lines of effective and duly proven procedures for the protection of intellectual property rights in respect of agricultural products and foodstuffs, as laid down in Regulation (EU) No 1151/2012 and the implementing regulations adopted pursuant thereto, while taking the specificities of the wine sector into account.

Amendment 19

Proposal for a regulation

Recital 17 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17b) | Designations of origin and geographical indications are intrinsically linked to the territory of the Member States. National and local authorities have the greatest expertise with respect to the relevant facts and are the most familiar with them. This should be taken into account in the relevant procedural rules, having regard to the principle of subsidiarity established by Article 5(3) TFEU. |

Text proposed by the Commission

Amendment

(17b)

Designations of origin and geographical indications are intrinsically linked to the territory of the Member States. National and local authorities have the greatest expertise with respect to the relevant facts and are the most familiar with them. This should be taken into account in the relevant procedural rules, having regard to the principle of subsidiarity established by Article 5(3) TFEU.

Amendment 20

Proposal for a regulation

Recital 17 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17c) | The assessment carried out by the competent authorities of Member States is an essential step in the procedure. Member States have knowledge, expertise and access to data and facts that make them the best placed to verify whether an application for a designation of origin or a geographical indication meets the conditions for protection. Member States should therefore ensure that the results of that assessment, recorded in a single document summarising the relevant elements of the product specification, are reliable and accurate. Having regard to the principle of subsidiarity, the Commission should subsequently scrutinise applications to ensure that there are no manifest errors and that Union law and the interests of stakeholders outside the Member State making the application are taken into account. |

Text proposed by the Commission

Amendment

(17c)

The assessment carried out by the competent authorities of Member States is an essential step in the procedure. Member States have knowledge, expertise and access to data and facts that make them the best placed to verify whether an application for a designation of origin or a geographical indication meets the conditions for protection. Member States should therefore ensure that the results of that assessment, recorded in a single document summarising the relevant elements of the product specification, are reliable and accurate. Having regard to the principle of subsidiarity, the Commission should subsequently scrutinise applications to ensure that there are no manifest errors and that Union law and the interests of stakeholders outside the Member State making the application are taken into account.

Amendment 21

Proposal for a regulation

Recital 17 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17d) | Producers of grapevine products bearing a protected name as a designation of origin or a geographical indication are operating in a changing and demanding market. Although they need procedures that permit them to adapt swiftly to market demands, they are instead penalised by the length and complexity of the amendment procedure currently in force, which limits their ability to react to the market. Producers of grapevine products bearing a protected name as a designation of origin or a geographical indication should also be able to take developments in scientific and technical knowledge and environmental changes into account. In order to reduce the number of steps involved in those procedures and to apply the principle of subsidiarity in that area, it is important that decisions on amendments which do not concern essential elements of the product specification can be approved at Member State level. Producers should be able to apply those amendments as soon as the national procedure is concluded. It should not be necessary for the application to be reviewed for approval at Union level. |

Text proposed by the Commission

Amendment

(17d)

Producers of grapevine products bearing a protected name as a designation of origin or a geographical indication are operating in a changing and demanding market. Although they need procedures that permit them to adapt swiftly to market demands, they are instead penalised by the length and complexity of the amendment procedure currently in force, which limits their ability to react to the market. Producers of grapevine products bearing a protected name as a designation of origin or a geographical indication should also be able to take developments in scientific and technical knowledge and environmental changes into account. In order to reduce the number of steps involved in those procedures and to apply the principle of subsidiarity in that area, it is important that decisions on amendments which do not concern essential elements of the product specification can be approved at Member State level. Producers should be able to apply those amendments as soon as the national procedure is concluded. It should not be necessary for the application to be reviewed for approval at Union level.

Amendment 22

Proposal for a regulation

Recital 17 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17e) | However, in order to protect the interests of third parties established in Member States other than the one in which the grapevine products are produced, it is important that the approval of amendments requiring an opposition procedure at Union level should continue to be the responsibility of the Commission. It is therefore necessary to introduce a new classification of amendments: standard amendments, which do not give rise to opposition procedures at Union level and therefore apply as soon as they are approved by the Member State; and Union level amendments, which apply only after approval by the Commission, after the conclusion of the opposition procedure at Union level. |

Text proposed by the Commission

Amendment

(17e)

However, in order to protect the interests of third parties established in Member States other than the one in which the grapevine products are produced, it is important that the approval of amendments requiring an opposition procedure at Union level should continue to be the responsibility of the Commission. It is therefore necessary to introduce a new classification of amendments: standard amendments, which do not give rise to opposition procedures at Union level and therefore apply as soon as they are approved by the Member State; and Union level amendments, which apply only after approval by the Commission, after the conclusion of the opposition procedure at Union level.

Amendment 23

Proposal for a regulation

Recital 17 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17f) | The concept of a ‘temporary amendment’ should be introduced so that grapevine products bearing a protected designation of origin or a protected geographical indication can continue to be marketed under those protected names in the event of natural disasters or adverse weather conditions or in the event of the adoption of sanitary or phytosanitary measures that temporarily prevent operators from complying with the product specification. Due to their urgency, it is important that the temporary amendments apply as soon as they are approved by the Member State. The list of urgent reasons justifying the adoption of temporary amendments is exhaustive, due to the exceptional nature of those amendments. |

Text proposed by the Commission

Amendment

(17f)

The concept of a ‘temporary amendment’ should be introduced so that grapevine products bearing a protected designation of origin or a protected geographical indication can continue to be marketed under those protected names in the event of natural disasters or adverse weather conditions or in the event of the adoption of sanitary or phytosanitary measures that temporarily prevent operators from complying with the product specification. Due to their urgency, it is important that the temporary amendments apply as soon as they are approved by the Member State. The list of urgent reasons justifying the adoption of temporary amendments is exhaustive, due to the exceptional nature of those amendments.

Amendment 24

Proposal for a regulation

Recital 17 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17 g) | It is important that Union amendments follow the procedure governing applications for protection so that they have the same effectiveness and the same guarantees. They should apply mutatis mutandis, with the exception of certain steps, which should be eliminated in order to reduce the administrative burden. The procedure to be followed for standard and temporary amendments should be defined in order to allow Member States to assess applications appropriately and to ensure a consistent approach across Member States. The assessment carried out by the Member States should be equivalent, in terms of rigour and completeness, to the assessment carried out under the procedure governing applications for protection. |

Text proposed by the Commission

Amendment

(17 g)

It is important that Union amendments follow the procedure governing applications for protection so that they have the same effectiveness and the same guarantees. They should apply mutatis mutandis, with the exception of certain steps, which should be eliminated in order to reduce the administrative burden. The procedure to be followed for standard and temporary amendments should be defined in order to allow Member States to assess applications appropriately and to ensure a consistent approach across Member States. The assessment carried out by the Member States should be equivalent, in terms of rigour and completeness, to the assessment carried out under the procedure governing applications for protection.

Amendment 25

Proposal for a regulation

Recital 17 h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17h) | It is important that standard and temporary amendments relating to protected designations of origin and protected geographical indications of third countries are made in accordance with the approach laid down for Member States and that approval decisions are taken in accordance with the system in force in the third country concerned. |

Text proposed by the Commission

Amendment

(17h)

It is important that standard and temporary amendments relating to protected designations of origin and protected geographical indications of third countries are made in accordance with the approach laid down for Member States and that approval decisions are taken in accordance with the system in force in the third country concerned.

Amendment 26

Proposal for a regulation

Recital 17 i (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17i) | In order to protect the legitimate interests of operators while taking into account the principle of competition and the obligation to provide appropriate information to consumers, rules should be adopted on the temporary labelling and presentation of grapevine products whose name has been the subject of an application for a protected designation of origin or protected geographical indication. |

Text proposed by the Commission

Amendment

(17i)

In order to protect the legitimate interests of operators while taking into account the principle of competition and the obligation to provide appropriate information to consumers, rules should be adopted on the temporary labelling and presentation of grapevine products whose name has been the subject of an application for a protected designation of origin or protected geographical indication.

Amendment 27

Proposal for a regulation

Recital 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22a) | When point (gb) of Article 119(1) of Regulation (EU) No 1308/2013 on the mandatory inclusion on the label of the list of ingredients contained in the wine is applied by delegated act, that list should not be submitted by lot. |

Text proposed by the Commission

Amendment

(22a)

When point (gb) of Article 119(1) of Regulation (EU) No 1308/2013 on the mandatory inclusion on the label of the list of ingredients contained in the wine is applied by delegated act, that list should not be submitted by lot.

Amendment 28

Proposal for a regulation

Recital 23 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23a) | In order to ensure legal certainty for the sustainable development of Union milk production and to take to account the shrinking of the single market following the United Kingdom’s withdrawal from the Union, it is necessary to update the applicable Union quantitative limits to provide for the possibility for producer organisations set up by dairy producers or their associations to collectively negotiate the terms of contracts, including prices, for part or all of their members’ raw milk production with a dairy. |

Text proposed by the Commission

Amendment

(23a)

In order to ensure legal certainty for the sustainable development of Union milk production and to take to account the shrinking of the single market following the United Kingdom’s withdrawal from the Union, it is necessary to update the applicable Union quantitative limits to provide for the possibility for producer organisations set up by dairy producers or their associations to collectively negotiate the terms of contracts, including prices, for part or all of their members’ raw milk production with a dairy.

Amendment 29

Proposal for a regulation

Recital 23 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23b) | In order to take into account recent legislative developments as laid down in Regulation (EU) 2017/2393 and to put an end to certain specific rules which have become restrictive in relation to the general regime, it should be specified that producer organisations set up by dairy producers or their associations may be recognised under Articles 152 and 161 of Regulation (EU) No 1308/2013 and that the specific rules relating to recognised interbranch organisations in the milk and milk products sector, concerning their recognition and the rules for withdrawing such recognition, should be deleted. |

Text proposed by the Commission

Amendment

(23b)

In order to take into account recent legislative developments as laid down in Regulation (EU) 2017/2393 and to put an end to certain specific rules which have become restrictive in relation to the general regime, it should be specified that producer organisations set up by dairy producers or their associations may be recognised under Articles 152 and 161 of Regulation (EU) No 1308/2013 and that the specific rules relating to recognised interbranch organisations in the milk and milk products sector, concerning their recognition and the rules for withdrawing such recognition, should be deleted.

Amendment 30

Proposal for a regulation

Recital 23 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23c) | The rules on the recognition of transnational producer organisations, transnational associations of producer organisations and transnational interbranch organisations, as well as the rules clarifying the responsibility of the Member States involved, should be codified. In order to respect freedom of establishment while acknowledging the difficulties facing such organisations in being recognised by the Member State in which they have a significant number of members or in which they have a significant volume or value of marketable production, or, for interbranch organisations, for the Member State in which they are established to decide on their recognition, it is appropriate to grant responsibility for the recognition of such organisations and associations to the Commission and to establish rules for the provision of the necessary administrative assistance by Member States to each other and to the Commission so that it can determine whether an organisation or association fulfils the conditions for recognition and can address cases of non-compliance. |

Text proposed by the Commission

Amendment

(23c)

The rules on the recognition of transnational producer organisations, transnational associations of producer organisations and transnational interbranch organisations, as well as the rules clarifying the responsibility of the Member States involved, should be codified. In order to respect freedom of establishment while acknowledging the difficulties facing such organisations in being recognised by the Member State in which they have a significant number of members or in which they have a significant volume or value of marketable production, or, for interbranch organisations, for the Member State in which they are established to decide on their recognition, it is appropriate to grant responsibility for the recognition of such organisations and associations to the Commission and to establish rules for the provision of the necessary administrative assistance by Member States to each other and to the Commission so that it can determine whether an organisation or association fulfils the conditions for recognition and can address cases of non-compliance.

Amendment 31

Proposal for a regulation

Recital 23 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23d) | In order to enable agricultural producers to respond to the growing concentration of other links throughout the agricultural supply value chain, it should be made possible for associations of producer organisations to participate in the creation of associations of producer organisations. Similarly, to meet the same objectives, interbranch organisations should be allowed to set up associations of interbranch organisation. |

Text proposed by the Commission

Amendment

(23d)

In order to enable agricultural producers to respond to the growing concentration of other links throughout the agricultural supply value chain, it should be made possible for associations of producer organisations to participate in the creation of associations of producer organisations. Similarly, to meet the same objectives, interbranch organisations should be allowed to set up associations of interbranch organisation.

Amendment 32

Proposal for a regulation

Recital 23 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23e) | In view of the importance of protected designations of origin (PDOs) and protected geographical indications (PGIs) in Union agricultural production, and in view of the success of the introduction of supply management rules for cheeses and dry-cured hams with quality marks to guarantee the added value and preserve the quality of these products, the benefits of these rules should be extended to all agricultural products with quality marks. Member States should therefore be authorised to apply these rules to regulate the overall supply of quality agricultural products produced in a defined geographical area at the request of an interbranch organisation, producer organisation or group as defined in Regulation (EU) No 1151/2012, provided that a large majority of the producers of that product and, where applicable, of agricultural producers in the geographical area concerned, support those rules. |

Text proposed by the Commission

Amendment

(23e)

In view of the importance of protected designations of origin (PDOs) and protected geographical indications (PGIs) in Union agricultural production, and in view of the success of the introduction of supply management rules for cheeses and dry-cured hams with quality marks to guarantee the added value and preserve the quality of these products, the benefits of these rules should be extended to all agricultural products with quality marks. Member States should therefore be authorised to apply these rules to regulate the overall supply of quality agricultural products produced in a defined geographical area at the request of an interbranch organisation, producer organisation or group as defined in Regulation (EU) No 1151/2012, provided that a large majority of the producers of that product and, where applicable, of agricultural producers in the geographical area concerned, support those rules.

Amendment 33

Proposal for a regulation

Recital 23 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23f) | In order to foster the improved transmission of market signals and to strengthen the links between producer prices and added value throughout the supply chain, it is necessary to extend the mechanisms for value sharing between farmers, including farmers’ associations, with their first purchasers to the remainder of those product sectors that have a quality mark recognised by Union and national law. Farmers, including farmers’ associations, should be authorised to agree on value sharing clauses, including market gains and losses, with actors operating at different stages of production, processing and marketing. |

Text proposed by the Commission

Amendment

(23f)

In order to foster the improved transmission of market signals and to strengthen the links between producer prices and added value throughout the supply chain, it is necessary to extend the mechanisms for value sharing between farmers, including farmers’ associations, with their first purchasers to the remainder of those product sectors that have a quality mark recognised by Union and national law. Farmers, including farmers’ associations, should be authorised to agree on value sharing clauses, including market gains and losses, with actors operating at different stages of production, processing and marketing.

Amendment 34

Proposal for a regulation

Recital 23 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23 g) | In order to ensure the effective use of all types of value sharing clauses, it should be specified that such clauses may be based, in particular, on economic indicators relating to the relevant costs of production and marketing and their development, the prices of agricultural and food products recorded on the market or markets concerned and their evolution, or on the quantities, composition, quality, traceability or, where applicable, compliance with the product specifications. |

Text proposed by the Commission

Amendment

(23 g)

In order to ensure the effective use of all types of value sharing clauses, it should be specified that such clauses may be based, in particular, on economic indicators relating to the relevant costs of production and marketing and their development, the prices of agricultural and food products recorded on the market or markets concerned and their evolution, or on the quantities, composition, quality, traceability or, where applicable, compliance with the product specifications.

Amendment 35

Proposal for a regulation

Recital 27 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (27a) | In order to achieve the objective of contributing to the stability of agricultural markets, the instruments providing for the transparency of agricultural markets should be strengthened. As the experience of the various European sectoral observatories for agricultural markets has proved positive in informing the choices of economic operators and public authorities as a whole as well as in facilitating the observation and recording of market developments, a European observatory for agricultural product markets should be set up and a notification system for reporting the information needed for the observatory’s work should be put in place. |

Text proposed by the Commission

Amendment

(27a)

In order to achieve the objective of contributing to the stability of agricultural markets, the instruments providing for the transparency of agricultural markets should be strengthened. As the experience of the various European sectoral observatories for agricultural markets has proved positive in informing the choices of economic operators and public authorities as a whole as well as in facilitating the observation and recording of market developments, a European observatory for agricultural product markets should be set up and a notification system for reporting the information needed for the observatory’s work should be put in place.

Amendment 36

Proposal for a regulation

Recital 27 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (27b) | In order to inform the choices of Union bodies and institutions and to enhance the effectiveness of measures to prevent and manage market disturbances, provision should be made for an early warning mechanism whereby the European Observatory for Agricultural Markets would notify the European Parliament, the Council and the Commission of threats of market disturbances and, where appropriate, make recommendations on the measures to be adopted. The Commission, the only body with the power of initiative in this area, would have 30 days to present to the European Parliament and the Council the appropriate measures to deal with those market disruptions or to justify their absence. |

Text proposed by the Commission

Amendment

(27b)

In order to inform the choices of Union bodies and institutions and to enhance the effectiveness of measures to prevent and manage market disturbances, provision should be made for an early warning mechanism whereby the European Observatory for Agricultural Markets would notify the European Parliament, the Council and the Commission of threats of market disturbances and, where appropriate, make recommendations on the measures to be adopted. The Commission, the only body with the power of initiative in this area, would have 30 days to present to the European Parliament and the Council the appropriate measures to deal with those market disruptions or to justify their absence.

Amendment 37

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | In view of the repeal of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (17) by Regulation (EU).../... (
  CAP Strategic Plan Regulation
  ), provisions concerning checks and penalties related to marketing standards and protected designations of origin, geographical indications and traditional terms should be integrated in Regulation (EU) No 1308/2013. |

Text proposed by the Commission

Amendment

(29)

In view of the repeal of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (17) by Regulation (EU).../... (
  CAP Strategic Plan Regulation
  ), provisions concerning checks and penalties related to marketing standards and protected designations of origin, geographical indications and traditional terms should be integrated in Regulation (EU) No 1308/2013.

| (29) | In view of the repeal of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (17) by Regulation (EU).../... (
  Horizontal Regulation
  ), provisions concerning checks and penalties related to marketing standards and protected designations of origin, geographical indications and traditional terms should be integrated in Regulation (EU) No 1308/2013
  , while specifying, in the interests of efficiency, that such checks may consist of documentary and on-the-spot checks which would only be necessary where the product specification contains requirements that cannot be verified in a secure manner by a documentary check
  . |
| --- | --- |

(29)

In view of the repeal of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (17) by Regulation (EU).../... (
  Horizontal Regulation
  ), provisions concerning checks and penalties related to marketing standards and protected designations of origin, geographical indications and traditional terms should be integrated in Regulation (EU) No 1308/2013
  , while specifying, in the interests of efficiency, that such checks may consist of documentary and on-the-spot checks which would only be necessary where the product specification contains requirements that cannot be verified in a secure manner by a documentary check
  .

Amendment 38

Proposal for a regulation

Recital 30 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (30a) | In order to continue to support the sugar sector in its development and transition following the end of the quota system, it should be specified that market price notifications also cover ethanol, authorise the use of conciliation and mediation mechanisms as an alternative to arbitration, and codify the value sharing clause in this Regulation. |

Text proposed by the Commission

Amendment

(30a)

In order to continue to support the sugar sector in its development and transition following the end of the quota system, it should be specified that market price notifications also cover ethanol, authorise the use of conciliation and mediation mechanisms as an alternative to arbitration, and codify the value sharing clause in this Regulation.

Amendment 39

Proposal for a regulation

Recital 33 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (33a) | Legal mechanisms should be provided for to ensure that products bearing the optional quality term ‘mountain product’ are present on the market of another country only if they do not violate the requirements for the use of that quality term in the given country, if such requirements exist. |

Text proposed by the Commission

Amendment

(33a)

Legal mechanisms should be provided for to ensure that products bearing the optional quality term ‘mountain product’ are present on the market of another country only if they do not violate the requirements for the use of that quality term in the given country, if such requirements exist.

Amendment 40

Proposal for a regulation

Recital 34 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (34a) | The list of products that can be protected as PDO or PGI should be expanded with products that are finding an increasing demand from Union consumers, such as beeswax, which is finding an ever wider application in the food and cosmetics industry. |

Text proposed by the Commission

Amendment

(34a)

The list of products that can be protected as PDO or PGI should be expanded with products that are finding an increasing demand from Union consumers, such as beeswax, which is finding an ever wider application in the food and cosmetics industry.

Amendment 41

Proposal for a regulation

Recital 35

| Text proposed by the Commission | Amendment |
| --- | --- |
| (35) | The amounts of financial resources available to finance measures under Regulations (EU) No 228/2013 (20) and (EU) No 229/2013 of the European Parliament and of the Council (21) should be
  updated
  . |

Text proposed by the Commission

Amendment

(35)

The amounts of financial resources available to finance measures under Regulations (EU) No 228/2013 (20) and (EU) No 229/2013 of the European Parliament and of the Council (21) should be
  updated
  .

| (35) | The amounts of financial resources available to finance measures under Regulations (EU) No 228/2013 (20) and (EU) No 229/2013 of the European Parliament and of the Council (21) hould be
  maintained
  . |
| --- | --- |

(35)

The amounts of financial resources available to finance measures under Regulations (EU) No 228/2013 (20) and (EU) No 229/2013 of the European Parliament and of the Council (21) hould be
  maintained
  .

Amendment 42

Proposal for a regulation

Recital 35 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (35a) | The interbranch organisations recognised under Article 157 of Regulation (EU) No 1308/2013 are operators which play a vital role in the development of diversified agricultural sectors in the outermost regions, in particular in the livestock sectors. Given their very small size and their island location, local markets in the outermost regions are particularly vulnerable to price fluctuations linked to import flows from the rest of the Union or third countries. Those interbranch organisations bring together all operators active on the market at every stage and, as such, take collective measures, in particular for compiling data and disseminating information, designed to ensure that local crops remain competitive on the market in question. To that end, Articles 28, 29 and 110 TFEU notwithstanding, and without prejudice to Articles 164 and 165 of Regulation (EU) No 1308/2013, it is appropriate to allow, in the context of extended interbranch agreements, the Member State concerned, after consultation with the actors concerned, to make liable individual operators or groups of operators who are not members of the organisation and who operate on the local market, irrespective of their origin, including in cases where the proceeds of these contributions fund measures to maintain only local production or where the contributions are levied at a different stage in the marketing process. |

Text proposed by the Commission

Amendment

(35a)

The interbranch organisations recognised under Article 157 of Regulation (EU) No 1308/2013 are operators which play a vital role in the development of diversified agricultural sectors in the outermost regions, in particular in the livestock sectors. Given their very small size and their island location, local markets in the outermost regions are particularly vulnerable to price fluctuations linked to import flows from the rest of the Union or third countries. Those interbranch organisations bring together all operators active on the market at every stage and, as such, take collective measures, in particular for compiling data and disseminating information, designed to ensure that local crops remain competitive on the market in question. To that end, Articles 28, 29 and 110 TFEU notwithstanding, and without prejudice to Articles 164 and 165 of Regulation (EU) No 1308/2013, it is appropriate to allow, in the context of extended interbranch agreements, the Member State concerned, after consultation with the actors concerned, to make liable individual operators or groups of operators who are not members of the organisation and who operate on the local market, irrespective of their origin, including in cases where the proceeds of these contributions fund measures to maintain only local production or where the contributions are levied at a different stage in the marketing process.

Amendment 43

Proposal for a regulation

Article 1 — paragraph 1 — point - 1 (new)

Regulation (EU) No 1308/2013

Recital 25 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1) | The following recital is inserted:









  ‘(25a) | The aid under the school scheme allocated for the distribution of product should, when possible, promote short supply chain products.’ |

Text proposed by the Commission

Amendment

(-1)

‘(25a)

The aid under the school scheme allocated for the distribution of product should, when possible, promote short supply chain products.’

Amendment 44

Proposal for a regulation

Article 1 — paragraph 1 — point - 1 a (new)

Regulation (EU) No 1308/2013

Recital 127 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1a) | The following recital is inserted:









  ‘(127a) | Written contracts in the milk and milk products sector which may be compulsory in some Member States or which producers, producer organisations or association of producer organisations have in any case the right to request, should among other elements set out the price payable for the delivery, which would ideally cover the production cost and which may be calculated based upon easily accessible and comprehensible indicators of production and market costs that Member States may determine in accordance with objective criteria and based on studies about production and the food chain.’ |

Text proposed by the Commission

Amendment

(-1a)

‘(127a)

Written contracts in the milk and milk products sector which may be compulsory in some Member States or which producers, producer organisations or association of producer organisations have in any case the right to request, should among other elements set out the price payable for the delivery, which would ideally cover the production cost and which may be calculated based upon easily accessible and comprehensible indicators of production and market costs that Member States may determine in accordance with objective criteria and based on studies about production and the food chain.’

Amendment 45

Proposal for a regulation

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

Regulation (EU) No 1308/2013

Recital 139 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1b) | The following recital is inserted:









  ‘(139a) | Written contracts which may be compulsory in some Member States or which producers, producer organisations or association of producer organisations have in any case the right to request, should among other elements set out the price payable for the delivery, which would ideally cover the production cost and which may be calculated based upon easily accessible and comprehensible indicators of production and market costs that Member States may determine in accordance with objective criteria and based on studies about production and the food chain.’ |

Text proposed by the Commission

Amendment

(-1b)

‘(139a)

Written contracts which may be compulsory in some Member States or which producers, producer organisations or association of producer organisations have in any case the right to request, should among other elements set out the price payable for the delivery, which would ideally cover the production cost and which may be calculated based upon easily accessible and comprehensible indicators of production and market costs that Member States may determine in accordance with objective criteria and based on studies about production and the food chain.’

Amendment 46

Proposal for a regulation

Article 1 — paragraph 1 — point - 1 c (new)

Regulation (EU) No 1308/2013

Article 1

| Present text | Amendment |
| --- | --- |
| | (-1c) | Article 1 is replaced by the following: |

Present text

Amendment

(-1c)

Article 1

‘Article 1

Scope

Scope

1.   This Regulation establishes a common organisation of the markets for agricultural products, which means all the products listed in Annex I to the Treaties with the exception of the fishery and aquaculture products as defined in Union legislative acts on the common organisation of the markets in fishery and aquaculture products.

1.   This Regulation establishes a common organisation of the markets for agricultural products, which means all the products listed in Annex I to the Treaties with the exception of the fishery and aquaculture products as defined in Union legislative acts on the common organisation of the markets in fishery and aquaculture products.
  This Regulation defines the public standards, market transparency rules and crisis management tools that will allow public authorities, in particular the Commission, to ensure the surveillance, management and regulation of agricultural markets

2.   Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in the respective parts of Annex I:

2.   Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in the respective parts of Annex I:

| (a) | cereals, Part I; |
| --- | --- |

(a)

cereals, Part I;

| (a) | cereals, Part I; |
| --- | --- |

(a)

cereals, Part I;

| (b) | rice, Part II; |
| --- | --- |

(b)

rice, Part II;

| (b) | rice, Part II; |
| --- | --- |

(b)

rice, Part II;

| (c) | sugar, Part III; |
| --- | --- |

(c)

sugar, Part III;

| (c) | sugar,
  sugar beet and sugar cane,
  Part III; |
| --- | --- |

(c)

sugar,
  sugar beet and sugar cane,
  Part III;

sugar beet and sugar cane,

| (d) | dried fodder, Part IV; |
| --- | --- |

(d)

dried fodder, Part IV;

| (d) | dried fodder, Part IV; |
| --- | --- |

(d)

dried fodder, Part IV;

| (e) | seeds, Part V; |
| --- | --- |

(e)

seeds, Part V;

| (e) | seeds, Part V; |
| --- | --- |

(e)

seeds, Part V;

| (f) | hops, Part VI; |
| --- | --- |

(f)

hops, Part VI;

| (f) | hops, Part VI; |
| --- | --- |

(f)

hops, Part VI;

| (g) | olive oil and table olives, Part VII; |
| --- | --- |

(g)

olive oil and table olives, Part VII;

| (g) | olive oil and table olives, Part VII; |
| --- | --- |

(g)

olive oil and table olives, Part VII;

| (h) | flax and hemp, Part VIII; |
| --- | --- |

(h)

flax and hemp, Part VIII;

| (h) | flax and hemp, Part VIII; |
| --- | --- |

(h)

flax and hemp, Part VIII;

| (i) | fruit and vegetables, Part IX; |
| --- | --- |

(i)

fruit and vegetables, Part IX;

| (i) | fruit and vegetables, Part IX; |
| --- | --- |

(i)

fruit and vegetables, Part IX;

| (j) | processed fruit and vegetable products, Part X; |
| --- | --- |

(j)

processed fruit and vegetable products, Part X;

| (j) | processed fruit and vegetable products, Part X; |
| --- | --- |

(j)

processed fruit and vegetable products, Part X;

| (k) | bananas, Part XI; |
| --- | --- |

(k)

bananas, Part XI;

| (k) | bananas, Part XI; |
| --- | --- |

(k)

bananas, Part XI;

| (l) | wine, Part XII; |
| --- | --- |

(l)

wine, Part XII;

| (l) | wine, Part XII; |
| --- | --- |

(l)

wine, Part XII;

| (m) | live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII; |
| --- | --- |

(m)

live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII;

| (m) | live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII; |
| --- | --- |

(m)

live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII;

| (n) | tobacco, Part XIV; |
| --- | --- |

(n)

tobacco, Part XIV;

| (n) | tobacco, Part XIV; |
| --- | --- |

(n)

tobacco, Part XIV;

| (o) | beef and veal, Part XV; |
| --- | --- |

(o)

beef and veal, Part XV;

| (o) | beef and veal, Part XV; |
| --- | --- |

(o)

beef and veal, Part XV;

| (p) | milk and milk products, Part XVI; |
| --- | --- |

(p)

milk and milk products, Part XVI;

| (p) | milk and milk products, Part XVI; |
| --- | --- |

(p)

milk and milk products, Part XVI;

| (q) | pigmeat, Part XVII; |
| --- | --- |

(q)

pigmeat, Part XVII;

| (q) | pigmeat, Part XVII; |
| --- | --- |

(q)

pigmeat, Part XVII;

| (r) | sheepmeat and goatmeat, Part XVIII; |
| --- | --- |

(r)

sheepmeat and goatmeat, Part XVIII;

| (r) | sheepmeat and goatmeat, Part XVIII; |
| --- | --- |

(r)

sheepmeat and goatmeat, Part XVIII;

| (s) | eggs, Part XIX; |
| --- | --- |

(s)

eggs, Part XIX;

| (s) | eggs, Part XIX; |
| --- | --- |

(s)

eggs, Part XIX;

| (t) | poultrymeat, Part XX; |
| --- | --- |

(t)

poultrymeat, Part XX;

| (t) | poultrymeat, Part XX; |
| --- | --- |

(t)

poultrymeat, Part XX;

| (u) | ethyl alcohol of agricultural origin, Part XXI; |
| --- | --- |

(u)

ethyl alcohol of agricultural origin, Part XXI;

| (u) | ethyl alcohol of agricultural origin, Part XXI; |
| --- | --- |

(u)

ethyl alcohol of agricultural origin, Part XXI;

| (v) | apiculture products, Part XXII; |
| --- | --- |

(v)

apiculture products, Part XXII;

| (v) | apiculture products, Part XXII; |
| --- | --- |

(v)

apiculture products, Part XXII;

| (w) | silkworms, Part XXIII; |
| --- | --- |

(w)

silkworms, Part XXIII;

| (w) | silkworms, Part XXIII; |
| --- | --- |

(w)

silkworms, Part XXIII;

| (x) | other products, Part XXIV. |
| --- | --- |

(x)

other products, Part XXIV.

| (x) | other products, Part XXIV.’ |
| --- | --- |

(x)

other products, Part XXIV.’

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point - 1 d (new)

Article 1 — paragraph 1 — point - 1 d (new)

Regulation (EU) No 1308/2013

Article 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1d) | The following article is inserted:




  ‘Article 1a




  Specific objectives




  Without prejudice to the application of the general and specific objectives defined in Articles 5 and 6 of Regulation (EU) .../... [CAP Strategic Plans], and pursuant to Article 39 TFEU, the common organisation of the markets in agricultural products referred to in Article 1 shall contribute to the achievement of the following specific objectives:










  (a) | participate in the stabilisation of agricultural markets and enhance their transparency; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(-1d)

(-1d)

The following article is inserted:

‘Article 1a

Specific objectives

Without prejudice to the application of the general and specific objectives defined in Articles 5 and 6 of Regulation (EU) .../... [CAP Strategic Plans], and pursuant to Article 39 TFEU, the common organisation of the markets in agricultural products referred to in Article 1 shall contribute to the achievement of the following specific objectives:

(a)

participate in the stabilisation of agricultural markets and enhance their transparency;

| (b) | promote the proper functioning of the agri-food supply chain and ensure a fair income for agricultural producers; |
| --- | --- |

(b)

promote the proper functioning of the agri-food supply chain and ensure a fair income for agricultural producers;

| (c) | improve the position of producers in the value chain and promote the concentration of agricultural supply; |
| --- | --- |

(c)

improve the position of producers in the value chain and promote the concentration of agricultural supply;

| (d) | contribute to the improvement of economic conditions for the production and marketing of agricultural products and strengthen the quality of European agricultural production.’ |
| --- | --- |

(d)

contribute to the improvement of economic conditions for the production and marketing of agricultural products and strengthen the quality of European agricultural production.’

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point - 1 e (new)

Article 1 — paragraph 1 — point - 1 e (new)

Regulation (EU) No 1308/2013

Article 2

| Present text | Amendment |
| --- | --- |
| | (-1e) | Article 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(-1e)

(-1e)

Article 2 is replaced by the following:

Article 2

‘Article 2

General common agricultural policy (CAP) provisions

General common agricultural policy (CAP) provisions

Regulation (EU)
  No 1306/2013
  and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.

No 1306/2013

Regulation (EU)
  [.../...] [Horizontal Regulation]
  and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.’

[.../...] [Horizontal Regulation]

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 1 — point b

Article 1 — paragraph 1 — point 1 — point b

Regulation (EU) No 1308/2013

Article 3 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall be empowered to adopt delegated acts in accordance with Article 227
  amending
  the definitions concerning the sectors set out in Annex II
  to the extent necessary to update the
  definitions
  in light of market developments
  . | The Commission shall be empowered to adopt delegated acts in accordance with Article 227
  amending, in order to update, in the light of market developments,
  the definitions concerning the sectors set out in Annex II
  , without creating new
  definitions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 227
  amending
  the definitions concerning the sectors set out in Annex II
  to the extent necessary to update the
  definitions
  in light of market developments
  .

amending

to the extent necessary to update the

in light of market developments

The Commission shall be empowered to adopt delegated acts in accordance with Article 227
  amending, in order to update, in the light of market developments,
  the definitions concerning the sectors set out in Annex II
  , without creating new
  definitions.

amending, in order to update, in the light of market developments,

, without creating new

Amendment 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Regulation (EU) No 1308/2013

Article 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | Article 6 is deleted; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3)

(3)

Article 6 is deleted;

deleted

deleted

Amendment 51

Amendment 51

Proposal for a regulation

Proposal for a regulation

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

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

Regulation (EU) No 1308/2013

Article 6

| Present text | Amendment |
| --- | --- |
| | (3a) | Article 6 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3a)

(3a)

Article 6 is replaced by the following:

Article 6

‘Article 6

Marketing years

Marketing years

The following marketing years shall be established:

The following marketing years shall be established:

| (a) | 1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors; |
| --- | --- |

(a)

1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors;

| (a) | 1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors; |
| --- | --- |

(a)

1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors;

| (b) | 1 April to 31 March of the following year for the dried fodder and silkworm sectors; |
| --- | --- |

(b)

1 April to 31 March of the following year for the dried fodder and silkworm sectors;

| (b) | 1 April to 31 March of the following year for the dried fodder and silkworm sectors; |
| --- | --- |

(b)

1 April to 31 March of the following year for the dried fodder and silkworm sectors;

| (c) | 1 July to 30 June of the following year for: |
| --- | --- |

(c)

1 July to 30 June of the following year for:

| (c) | 1 July to 30 June of the following year for: |
| --- | --- |

(c)

1 July to 30 June of the following year for:

| | (i) | the cereals sector; |
| --- | --- | --- |

(i)

the cereals sector;

| | (i) | the cereals sector; |
| --- | --- | --- |

(i)

the cereals sector;

| | (ii) | the seeds sector; |
| --- | --- | --- |

(ii)

the seeds sector;

| | (ii) | the seeds sector; |
| --- | --- | --- |

(ii)

the seeds sector;

| | (iii) | the
  olive oil and table olives sector; |
| --- | --- | --- |

(iii)

the
  olive oil and table olives sector;

olive oil and table olives sector;

| | (iii) | the flax and hemp sector; |
| --- | --- | --- |

(iii)

the flax and hemp sector;

| | (iv) | the
  flax and hemp sector; |
| --- | --- | --- |

(iv)

(iv)

the
  flax and hemp sector;

the

| | (iv) | the milk and milk products sector; |
| --- | --- | --- |

(iv)

(iv)

the milk and milk products sector;

| | (v) | the milk and milk products sector; |
| --- | --- | --- |

(v)

(v)

the milk and milk products sector;

| (d) | 1 August to 31 July of the following year for the wine sector; |
| --- | --- |

(d)

1 August to 31 July of the following year for the wine sector;

| (d) | 1 August to 31 July of the following year for the wine sector; |
| --- | --- |

(d)

1 August to 31 July of the following year for the wine sector;

| (e) | 1 September to 31 August of the following year for the rice
  sector
  ; |
| --- | --- |

(e)

1 September to 31 August of the following year for the rice
  sector
  ;

sector

| (e) | 1 September to 31 August of the following year for the rice
  and table olives sectors
  ; |
| --- | --- |

(e)

1 September to 31 August of the following year for the rice
  and table olives sectors
  ;

and table olives sectors

| (f) | 1 October to 30 September of the following year for the sugar
  sector. |
| --- | --- |

(f)

1 October to 30 September of the following year for the sugar
  sector.

sector.

| (f) | 1 October to 30 September of the following year for the sugar
  and olive oil sectors.’ |
| --- | --- |

(f)

1 October to 30 September of the following year for the sugar
  and olive oil sectors.’

and olive oil sectors.’

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

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

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

Regulation (EU) No 1308/2013

Article 11

| Present text | Amendment |
| --- | --- |
| | (3b) | Article 11 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3b)

(3b)

Article 11 is replaced by the following:

Article 11

‘Article 11

Products eligible for public intervention

Products eligible for public intervention

Public intervention shall apply in respect of the following products in accordance with the conditions laid down in this Section and any additional requirements and conditions that may be determined by the Commission, by means of delegated acts pursuant to Article 19 and implementing acts pursuant to Article 20:

Public intervention shall apply in respect of the following products in accordance with the conditions laid down in this Section and any additional requirements and conditions that may be determined by the Commission, by means of delegated acts pursuant to Article 19 and implementing acts pursuant to Article 20:

| (a) | common wheat, durum wheat, barley and maize; |
| --- | --- |

(a)

common wheat, durum wheat, barley and maize;

| (a) | common wheat, durum wheat, barley and maize; |
| --- | --- |

(a)

common wheat, durum wheat, barley and maize;

| (b) | paddy rice; |
| --- | --- |

(b)

paddy rice;

| (b) | paddy rice; |
| --- | --- |

(b)

paddy rice;

| (c) | fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50; |
| --- | --- |

(c)

fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;

| (c) | fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50; |
| --- | --- |

(c)

fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;

| (d) | butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and of a maximum water content, by weight, of 16 %; |
| --- | --- |

(d)

butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and of a maximum water content, by weight, of 16 %;

| (d) | butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and of a maximum water content, by weight, of 16 %; |
| --- | --- |

(d)

butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and of a maximum water content, by weight, of 16 %;

| (e) | skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein content of 34,0  % by weight of the fat free dry matter. |
| --- | --- |

(e)

skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein content of 34,0  % by weight of the fat free dry matter.

| (e) | skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein content of 34,0  % by weight of the fat free dry matter; |
| --- | --- |

(e)

skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein content of 34,0  % by weight of the fat free dry matter;

| (ea) | white sugar; |
| --- | --- |

(ea)

(ea)

white sugar;

white sugar;

| (eb) | sheep meat falling within CN code 0104 10 30 or 0204; |
| --- | --- |

(eb)

(eb)

sheep meat falling within CN code 0104 10 30 or 0204;

sheep meat falling within CN code 0104 10 30 or 0204;

| (ec) | pig meat, fresh, chilled or frozen, falling within CN code 0203; |
| --- | --- |

(ec)

(ec)

pig meat, fresh, chilled or frozen, falling within CN code 0203;

pig meat, fresh, chilled or frozen, falling within CN code 0203;

| (ed) | chicken, fresh, chilled or frozen, falling within CN code 0207.’ |
| --- | --- |

(ed)

(ed)

chicken, fresh, chilled or frozen, falling within CN code 0207.’

chicken, fresh, chilled or frozen, falling within CN code 0207.’

Amendment 53

Amendment 53

Proposal for a regulation

Proposal for a regulation

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

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

Regulation (EU) No 1308/2013

Article 12

| Present text | Amendment |
| --- | --- |
| | (3c) | Article 12 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3c)

(3c)

Article 12 is replaced by the following:

Article 12

‘Article 12

Public intervention periods

Public intervention periods

Public intervention shall be available
  for:

for:

Public intervention shall be available throughout the year
  for products listed in Article 11
  .’

for products listed in Article 11

| (a) | common wheat, durum wheat, barley and maize, from 1 November to 31 May; |
| --- | --- |

(a)

(a)

common wheat, durum wheat, barley and maize, from 1 November to 31 May;

common wheat, durum wheat, barley and maize, from 1 November to 31 May;

| (b) | paddy rice, from 1 April to 31 July; |
| --- | --- |

(b)

(b)

paddy rice, from 1 April to 31 July;

paddy rice, from 1 April to 31 July;

| (c) | beef and veal,
  throughout the year; |
| --- | --- |

(c)

(c)

beef and veal,
  throughout the year;

beef and veal,

| (d) | butter and skimmed milk powder, from 1 March to 30 September
  . |
| --- | --- |

(d)

(d)

butter and skimmed milk powder, from 1 March to 30 September
  .

butter and skimmed milk powder, from 1 March to 30 September

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

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

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

Regulation (EU) No 1308/2013

Article 13

| Present text | Amendment |
| --- | --- |
| | (3d) | Article 13 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3d)

(3d)

Article 13 is replaced by the following:

Article 13

‘Article 13

Opening and closing of public intervention

Opening and closing of public intervention

1.   During the periods referred to in Article 12, public intervention:

1.   During the periods referred to in Article 12, public intervention:

| (a) | shall be open for
  common wheat,
  butter and skimmed milk powder; |
| --- | --- |

(a)

shall be open for
  common wheat,
  butter and skimmed milk powder;

common wheat,

| (a) | shall be open for butter and skimmed milk powder; |
| --- | --- |

(a)

shall be open for butter and skimmed milk powder;

| (b) | may be opened by the Commission, by means of implementing acts, for durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2); |
| --- | --- |

(b)

may be opened by the Commission, by means of implementing acts, for durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2);

| (b) | may be opened by the Commission, by means of implementing acts, for
  common wheat,
  durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice),
  white sugar, sheep meat, pig meat or chicken
  if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2); |
| --- | --- |

(b)

may be opened by the Commission, by means of implementing acts, for
  common wheat,
  durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice),
  white sugar, sheep meat, pig meat or chicken
  if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2);

common wheat,

white sugar, sheep meat, pig meat or chicken

| (c) | may be opened for the beef and veal sector by the Commission, by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3), if, over a representative period determined pursuant to point (c) of the first paragraph of Article 20 the average market price in a Member State or in a region of a Member State, recorded on the basis of the Union scale for the classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85 % of the reference threshold laid down in point (d) of Article 7(1). |
| --- | --- |

(c)

may be opened for the beef and veal sector by the Commission, by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3), if, over a representative period determined pursuant to point (c) of the first paragraph of Article 20 the average market price in a Member State or in a region of a Member State, recorded on the basis of the Union scale for the classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85 % of the reference threshold laid down in point (d) of Article 7(1).

| (c) | may be opened for the beef and veal sector by the Commission, by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3), if, over a representative period determined pursuant to point (c) of the first paragraph of Article 20 the average market price in a Member State or in a region of a Member State, recorded on the basis of the Union scale for the classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85 % of the reference threshold laid down in point (d) of Article 7(1). |
| --- | --- |

(c)

may be opened for the beef and veal sector by the Commission, by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3), if, over a representative period determined pursuant to point (c) of the first paragraph of Article 20 the average market price in a Member State or in a region of a Member State, recorded on the basis of the Union scale for the classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85 % of the reference threshold laid down in point (d) of Article 7(1).

2.   The Commission may adopt implementing acts closing public intervention for the beef and veal sector where, over a representative period determined pursuant to point (c) of the first paragraph of Article 20, the conditions provided for in point (c) of paragraph 1 of this Article are no longer fulfilled. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).

2.   The Commission may adopt implementing acts closing public intervention for the beef and veal sector where, over a representative period determined pursuant to point (c) of the first paragraph of Article 20, the conditions provided for in point (c) of paragraph 1 of this Article are no longer fulfilled. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).’

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

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

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

Regulation (EU) No 1308/2013

Article 14

| Present text | Amendment |
| --- | --- |
| | (3e) | Article 14 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3e)

(3e)

Article 14 is replaced by the following:

Article 14

Article 14

Buying-in at a fixed price or tendering

Buying-in at a fixed price or tendering

Where public intervention is open pursuant to Article 13(1),
  measures on
  fixing buying-in prices for the products referred to in Article 11
  as well as, where applicable, measures on quantitative limitations where buying-in is carried out at a fixed price,
  shall be taken by the Council in accordance with Article 43(3) TFEU.

measures on

as well as, where applicable, measures on quantitative limitations where buying-in is carried out at a fixed price,

‘Where public intervention is open pursuant to Article 13(1),
  arrangements for
  fixing buying-in prices for the products referred to in Article 11 shall be taken by the Council in accordance with Article 43(3) TFEU.’

arrangements for

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

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

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

Regulation (EU) No 1308/2013

Article 15 — paragraph 1

| Present text | Amendment |
| --- | --- |
| | (3f) | In Article 15, paragraph 1 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3f)

(3f)

In Article 15, paragraph 1 is replaced by the following:

1.   Public intervention price means:

‘1.   Public intervention price means the maximum price at which products eligible for public intervention may be bought in where this is done by tendering.’

| (a) | the price at which products shall be bought in under public intervention where this is done at a fixed price; or |
| --- | --- |

(a)

(a)

the price at which products shall be bought in under public intervention where this is done at a fixed price; or

the price at which products shall be bought in under public intervention where this is done at a fixed price; or

| (b) | the maximum price at which products eligible for public intervention may be bought in where this is done by tendering. |
| --- | --- |

(b)

(b)

the maximum price at which products eligible for public intervention may be bought in where this is done by tendering.

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

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

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

Regulation (EU) No 1308/2013

Article 15 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | (3 g) | In Article 15, paragraph 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3 g)

(3 g)

In Article 15, paragraph 2 is replaced by the following:

2.   The
  measures on
  fixing the level of the public intervention price, including the amounts of increases and reductions, shall be taken by the Council in accordance with Article 43(3) TFEU.

‘2.   The
  arrangements for
  fixing the level of the public intervention price, including the amounts of increases and reductions, shall be taken by the Council in accordance with Article 43(3) TFEU.’

Amendment 266

Amendment 266

Proposal for a regulation

Proposal for a regulation

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

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

Regulation (EU) No 1308/2013

Article 15 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3h) | In Article 15, the following paragraph is added:




  ‘2a.
     
  When fixing the level of the public intervention price, the Council shall use objective and transparent criteria, which shall be in line with the objective of ensuring a fair standard of living for the agricultural community, in accordance with Article 39 TFEU.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3h)

(3h)

In Article 15, the following paragraph is added:

‘2a.
     
  When fixing the level of the public intervention price, the Council shall use objective and transparent criteria, which shall be in line with the objective of ensuring a fair standard of living for the agricultural community, in accordance with Article 39 TFEU.’

Amendment 232

Amendment 232

Proposal for a regulation

Proposal for a regulation

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

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

Regulation (EU) No 1308/2013

Article 16

| Present text | Amendment |
| --- | --- |
| | (3i) | Article 16 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3i)

(3i)

Article 16 is replaced by the following:

Article 16

‘Article 16

General principles on disposal from public intervention

General principles on disposal from public intervention

1.   Disposal of products bought in under public intervention shall take place in such a way as to:

1.   Disposal of products bought in under public intervention shall take place in such a way as to:

| (a) | avoid any disturbance of the market, |
| --- | --- |

(a)

avoid any disturbance of the market,

| (a) | avoid any disturbance of the market, |
| --- | --- |

(a)

avoid any disturbance of the market,

| (b) | ensure equal access to goods and equal treatment of purchasers, and |
| --- | --- |

(b)

ensure equal access to goods and equal treatment of purchasers, and

| (b) | ensure equal access to goods and equal treatment of purchasers, and |
| --- | --- |

(b)

ensure equal access to goods and equal treatment of purchasers, and

| (c) | be in compliance with the commitments resulting from international agreements concluded in accordance with the TFEU. |
| --- | --- |

(c)

be in compliance with the commitments resulting from international agreements concluded in accordance with the TFEU.

| (c) | be in compliance with the commitments resulting from international agreements concluded in accordance with the TFEU. |
| --- | --- |

(c)

be in compliance with the commitments resulting from international agreements concluded in accordance with the TFEU.

2.   Products bought in under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union as set out in the relevant Union legal acts. In such cases, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2) of this Regulation.

2.   Products bought in under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union as set out in the relevant Union legal acts. In such cases, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2) of this Regulation.

2a.
     
  Member States shall notify to the Commission of the identity of companies that have used public intervention as well as buyers of public intervention stocks.

3.   Each year the Commission shall publish details of the conditions under which products bought in under public intervention were sold in the previous year.

3.   Each year the Commission shall publish details of the conditions under which products bought in under public intervention were
  bought, if applicable, and
  sold in the previous year.
  Those details shall include the identity of the companies, the relevant volumes, and the buying and selling prices.’

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 j (new)

Article 1 — paragraph 1 — point 3 j (new)

Regulation (EU) No 1308/2013

Article 17 — paragraph 1 — point b

| Present text | Amendment |
| --- | --- |
| | (3j) | In the first paragraph of Article 17, point (b) is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3j)

(3j)

In the first paragraph of Article 17, point (b) is replaced by the following:

| (b) | olive oil; |
| --- | --- |

(b)

olive oil;

| ‘(b) | olive oil
  and table olives
  ’ |
| --- | --- |

‘(b)

olive oil
  and table olives
  ’

and table olives

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 k (new)

Article 1 — paragraph 1 — point 3 k (new)

Regulation (EU) No 1308/2013

Article 17 — paragraph 1 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3k) | In the first paragraph of Article 17, the following point is added:









  ‘(ia) | rice.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3k)

(3k)

In the first paragraph of Article 17, the following point is added:

‘(ia)

‘(ia)

rice.’

rice.’

Amendment 257

Amendment 257

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4 — point b a (new)

Article 1 — paragraph 1 — point 4 — point b a (new)

Regulation (EU) No 1308/2013

Article 23 — paragraph 3

| Present text | Amendment |
| --- | --- |
| | (ba) | in Article 23, paragraph 3 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(ba)

(ba)

in Article 23, paragraph 3 is replaced by the following:

in Article 23, paragraph 3 is replaced by the following:

3.   Member States wishing to participate in the aid scheme established pursuant to paragraph 1 (‘the school scheme’) and requesting the corresponding Union aid shall, taking into account national circumstances,
  prioritise
  the distribution of products of either or both of the following groups:

| | ‘3.   Member States wishing to participate in the aid scheme established pursuant to paragraph 1 (“the school scheme”) and requesting the corresponding Union aid shall, taking into account national circumstances,
  provide
  the distribution of products of either or both of the following groups: |
| --- | --- |

‘3.   Member States wishing to participate in the aid scheme established pursuant to paragraph 1 (“the school scheme”) and requesting the corresponding Union aid shall, taking into account national circumstances,
  provide
  the distribution of products of either or both of the following groups:

| (a) | fruit and vegetables and fresh products of the banana sector; |
| --- | --- |

(a)

fruit and vegetables and fresh products of the banana sector;

| | (a) | for fruit and vegetables: |
| --- | --- | --- |

(a)

for fruit and vegetables:

for fruit and vegetables:

| (b) | drinking milk and lactose-free versions thereof. |
| --- | --- |

(b)

(b)

drinking milk and lactose-free versions thereof.

| | | (i) | in priority
  fruit and vegetables and fresh products of the banana sector; |
| --- | --- | --- | --- |

(i)

(i)

in priority
  fruit and vegetables and fresh products of the banana sector;

in priority

| | | (ii) | processed fruit and vegetables products; |
| --- | --- | --- | --- |

(ii)

(ii)

processed fruit and vegetables products;

processed fruit and vegetables products;

| | (b) | for milk and dairy products: |
| --- | --- | --- |

(b)

(b)

for milk and dairy products:

for milk and dairy products:

| | | (i) | drinking milk and lactose-free versions thereof. |
| --- | --- | --- | --- |

(i)

(i)

drinking milk and lactose-free versions thereof.

| (ii) | cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa.
  ’ |
| --- | --- |

(ii)

(ii)

cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa.
  ’

cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa.

Amendment 258

Amendment 258

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4 — point b b (new)

Article 1 — paragraph 1 — point 4 — point b b (new)

Regulation (EU) No 1308/2013

Article 23 — paragraph 4

| Present text | Amendment |
| --- | --- |
| | (bb) | In Article 23, paragraph 4 is deleted |

Present text

Present text

Amendment

Amendment

(bb)

(bb)

In Article 23, paragraph 4 is deleted

In Article 23, paragraph 4 is deleted

4.
     
  Notwithstanding paragraph 3, in order to promote the consumption of specific products and/or to respond to particular nutritional needs of children in their territory, Member States may provide for the distribution of products of either or both of the following groups:

| (a) | processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3; |
| --- | --- |

(a)

(a)

processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3;

processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3;

| (b) | cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3. |
| --- | --- |

(b)

(b)

cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3.

cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3.

Amendment 259

Amendment 259

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4 — point b c (new)

Article 1 — paragraph 1 — point 4 — point b c (new)

Regulation (EU) No 1308/2013

Article 23 — paragraph 8a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bc) | In Article 23, the following paragraph is inserted:





  ‘8a.
     
  When justified by their national authorities responsible for health and nutrition, Member States may provide in their national strategy that the products referred to in paragraphs 3 and 5 of this Article are distributed in schools at the same time as the usual school meals.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(bc)

(bc)

In Article 23, the following paragraph is inserted:

In Article 23, the following paragraph is inserted:

‘8a.
     
  When justified by their national authorities responsible for health and nutrition, Member States may provide in their national strategy that the products referred to in paragraphs 3 and 5 of this Article are distributed in schools at the same time as the usual school meals.’

Amendment 260/rev

Amendment 260/rev

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4 — point b d (new)

Article 1 — paragraph 1 — point 4 — point b d (new)

Regulation (EU) No 1308/2013

Article 23 — paragraph 11

| Present text | Amendment |
| --- | --- |
| | (bd) | in Article 23, paragraph 11 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(bd)

(bd)

in Article 23, paragraph 11 is replaced by the following:

in Article 23, paragraph 11 is replaced by the following:

11.   Member States shall choose the products to be featured in distribution or to be included in accompanying educational measures on the basis of objective criteria which shall include one or more of the following: health and environmental considerations, seasonality, variety and the availability of local or regional produce, giving priority to the extent practicable to products originating in the Union. Member States may encourage in particular local or regional purchasing, organic products, short supply chains or environmental benefits and, if appropriate, products recognised under the quality schemes established by Regulation (EU) No 1151/2012.

‘11.   Member States shall choose the products to be featured in distribution or to be included in accompanying educational measures on the basis of objective criteria which shall include one or more of the following: health and environmental considerations, seasonality, variety and the availability of local or regional produce, giving priority to the extent practicable to products originating in the Union. Member States may encourage in particular local or regional purchasing, organic products, short supply chains or environmental benefits
  , including sustainable packaging,
  and, if appropriate, products recognised under the quality schemes established by Regulation (EU) No 1151/2012.

Member States may consider, in their strategies, prioritising sustainability and fair-trade considerations.

Member States may consider, in their strategies, prioritising sustainability and fair-trade considerations.’

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4 — point c — point ii

Article 1 — paragraph 1 — point 4 — point c — point ii

Regulation (EU) No 1308/2013

Article 23a — paragraph 2 — subparagraph 3 — last sentence

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | in the third subparagraph of paragraph 2, the last sentence is deleted; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

(ii)

in the third subparagraph of paragraph 2, the last sentence is deleted;

in the third subparagraph of paragraph 2, the last sentence is deleted;

deleted

deleted

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4 — point c — point iii — introductory part

Article 1 — paragraph 1 — point 4 — point c — point iii — introductory part

Regulation (EU) No 1308/2013

Article 23a — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iii) | paragraph 4 is replaced by the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii)

paragraph 4 is replaced by the following:

| (iii) | in
  paragraph 4
  , the first subparagraph
  is replaced by the following: |
| --- | --- |

(iii)

in
  paragraph 4
  , the first subparagraph
  is replaced by the following:

in

, the first subparagraph

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4 a (new)

Article 1 — paragraph 1 — point 4 a (new)

Regulation (EU) No 1308/2013

Article 61

| Present text | Amendment |
| --- | --- |
| | (4a) | Article 61 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(4a)

(4a)

Article 61 is replaced by the following:

Article 61

‘Article 61

Duration

Duration

The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016 to 31 December
  2030
  , with a 
  mid-term
  review to be undertaken by the Commission to evaluate the operation of the scheme and, if appropriate, make proposals.

2030

mid-term

The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016 to 31 December
  2050
  , with a review to be undertaken by the Commission
  every ten years and for the first time on 1 January 2023
  to evaluate the operation of the scheme and, if appropriate, make proposals
  to improve its effectiveness
  .’

2050

every ten years and for the first time on 1 January 2023

to improve its effectiveness

Amendment 261

Amendment 261

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4 b (new)

Article 1 — paragraph 1 — point 4 b (new)

Regulation (EU) No 1308/2013

Article 62 — paragraph 3

| Present text | Amendment |
| --- | --- |
| | (4b) | In Article 62, paragraph 3 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(4b)

(4b)

In Article 62, paragraph 3 is replaced by the following:

3.   The authorisations referred to in paragraph 1 shall be valid for three years from the date on which they were granted. A producer who has not used an authorisation granted during its period of validity shall be subject to administrative penalties as provided for in Article 89(4) of Regulation (EU) No 1306/2013.

| | ‘3.   The authorisations referred to in paragraph 1 shall be valid for three years from the date on which they were granted. A producer who has not used an authorisation granted during its period of validity shall be subject to administrative penalties as provided for in Article 89(4) of Regulation (EU) No 1306/2013.
  However, Member States may decide that authorisations referred to in Article 66(1) of this Regulation are valid for six years from the date on which they were granted.
  ’ |
| --- | --- |

‘3.   The authorisations referred to in paragraph 1 shall be valid for three years from the date on which they were granted. A producer who has not used an authorisation granted during its period of validity shall be subject to administrative penalties as provided for in Article 89(4) of Regulation (EU) No 1306/2013.
  However, Member States may decide that authorisations referred to in Article 66(1) of this Regulation are valid for six years from the date on which they were granted.
  ’

Amendment 64

Amendment 64

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 4 c (new)

Article 1 — paragraph 1 — point 4 c (new)

Regulation (EU) No 1308/2013

Article 62 — paragraph 4

| Present text | Amendment |
| --- | --- |
| | (4c) | Article 62, paragraph 4 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(4c)

(4c)

Article 62, paragraph 4 is replaced by the following:

4.   This Chapter shall not apply to the planting or replanting of areas intended for experimental purposes or for graft nurseries, to areas whose wine or vine products are intended solely for the consumption by the wine-grower's household or to areas to be newly planted as a result of compulsory purchases in the public interest under national law.

‘4.   This Chapter shall not apply to the planting or replanting of areas intended for experimental purposes or for graft nurseries
  , to the planting or replanting of areas whose vine products are intended solely for the production of grape juice
  , to areas whose wine or vine products are intended solely for the consumption by the wine-grower's household or to areas to be newly planted as a result of compulsory purchases in the public interest under national law.’

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5

Article 1 — paragraph 1 — point 5

Regulation (EU) No 1308/2013

Article 63 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | in Article 63, paragraph 1 is replaced by the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5)

(5)

in Article 63, paragraph 1 is replaced by the following:

deleted

deleted

| | ‘1.
     
  Member States shall make available each year authorisations for new plantings corresponding to either: |
| --- | --- |

‘1.
     
  Member States shall make available each year authorisations for new plantings corresponding to either:

| | (a) | 1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous year; or |
| --- | --- | --- |

(a)

(a)

1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous year; or

1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous year; or

| | (b) | 1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 and available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation.;’ |
| --- | --- | --- |

(b)

(b)

1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 and available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation.;’

1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 and available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation.;’

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5 a (new)

Article 1 — paragraph 1 — point 5 a (new)

Regulation (EU) No 1308/2013

Article 63

| Present text | Amendment |
| --- | --- |
| | (5a) | Article 63 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(5a)

(5a)

Article 63 is replaced by the following:

Article 63

‘Article 63

Safeguard mechanism for new plantings

Safeguard mechanism for new plantings

1.   Member States shall make available each year authorisations for new plantings corresponding to
  1 %
  of the total area actually planted with vines in their territory, as measured on 31 July of the previous year.

1.   Member States shall make available each year authorisations for new plantings corresponding to
  either:

| (a) | 1 %
  of the total area actually planted with vines in their territory, as measured on 31 July of the previous year
  ; or |
| --- | --- |

(a)

(a)

1 %
  of the total area actually planted with vines in their territory, as measured on 31 July of the previous year
  ; or

1 %

; or

| (b) | 1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 and available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation
  . |
| --- | --- |

(b)

(b)

1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 and available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation
  .

1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 and available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation

2.   Member States may:

2.   Member States may:

| (a) | apply at national level a lower percentage than the percentage set out in paragraph 1; |
| --- | --- |

(a)

apply at national level a lower percentage than the percentage set out in paragraph 1;

| (a) | apply at national level a lower percentage than the percentage set out in paragraph 1, |
| --- | --- |

(a)

apply at national level a lower percentage than the percentage set out in paragraph 1,

| (b) | limit the issuing of authorisations at regional level, for specific areas eligible for the production of wines with a protected designation of origin, for areas eligible for the production of wines with a protected geographical indication, or for areas without a geographical indication. |
| --- | --- |

(b)

limit the issuing of authorisations at regional level, for specific areas eligible for the production of wines with a protected designation of origin, for areas eligible for the production of wines with a protected geographical indication, or for areas without a geographical indication.

| (b) | limit the issuing of authorisations at regional level, for specific areas eligible for the production of wines with a protected designation of origin, for areas eligible for the production of wines with a protected geographical indication, or for areas without a geographical indication
  ; those authorisations should be used in those regions
  . |
| --- | --- |

(b)

limit the issuing of authorisations at regional level, for specific areas eligible for the production of wines with a protected designation of origin, for areas eligible for the production of wines with a protected geographical indication, or for areas without a geographical indication
  ; those authorisations should be used in those regions
  .

; those authorisations should be used in those regions

3.   Any of the limitations referred to in paragraph 2 shall contribute to an orderly growth of vine plantings, shall be set above 0 %, and shall be justified on one or more of the following specific grounds:

3.   Any of the limitations referred to in paragraph 2 shall contribute to an orderly growth of vine plantings, shall be set above 0 %, and shall be justified on one or more of the following specific grounds:

| (a) | the need to avoid a well-demonstrated risk of oversupply of wine products in relation to market prospects for those products, not exceeding what is necessary to satisfy this need; |
| --- | --- |

(a)

the need to avoid a well-demonstrated risk of oversupply of wine products in relation to market prospects for those products, not exceeding what is necessary to satisfy this need;

| (a) | the need to avoid a well-demonstrated risk of oversupply of wine products in relation to market prospects for those products, not exceeding what is necessary to satisfy this need; |
| --- | --- |

(a)

the need to avoid a well-demonstrated risk of oversupply of wine products in relation to market prospects for those products, not exceeding what is necessary to satisfy this need;

| (b) | the need to avoid a well-demonstrated risk of
  significant
  devaluation of a particular protected designation of origin or a protected geographical indication. |
| --- | --- |

(b)

the need to avoid a well-demonstrated risk of
  significant
  devaluation of a particular protected designation of origin or a protected geographical indication.

significant

| (b) | the need to avoid a well-demonstrated risk of devaluation of a particular protected designation of origin or a protected geographical indication; |
| --- | --- |

(b)

the need to avoid a well-demonstrated risk of devaluation of a particular protected designation of origin or a protected geographical indication;

| (ba) | the wish to contribute to the development of the products in question while preserving their quality. |
| --- | --- |

(ba)

(ba)

the wish to contribute to the development of the products in question while preserving their quality.

the wish to contribute to the development of the products in question while preserving their quality.

3a.
     
  Member States may take any regulatory measures necessary to prevent circumvention by the operators of the restrictive measures taken pursuant to paragraphs 2 and 3
  .

4.   Member States shall make public any decisions adopted pursuant to paragraph 2, which shall be duly justified. Member States shall notify the Commission forthwith of those decisions and justifications.

| 4. | Member States shall make public any decisions adopted pursuant to paragraph 2, which shall be duly justified. Member States shall notify the Commission forthwith of those decisions and justifications. |
| --- | --- |

4.

Member States shall make public any decisions adopted pursuant to paragraph 2, which shall be duly justified. Member States shall notify the Commission forthwith of those decisions and justifications.

4a.
     
  Authorisations exceeding the limits provided for in this Article may be issued by Member States for plantings intended for conservation of vine genetic resources.’

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5 b (new)

Article 1 — paragraph 1 — point 5 b (new)

Regulation (EU) No 1308/2013

Article 64

| Present text | Amendment |
| --- | --- |
| | (5b) | Article 64 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(5b)

(5b)

Article 64 is replaced by the following:

Article 64

‘Article 64

Granting of authorisations for new plantings

Granting of authorisations for new plantings

1.   If the total area covered by the eligible applications in a given year does not exceed the area made available by the Member State, all such applications shall be accepted.

1.   If the total area covered by the eligible applications in a given year does not exceed the area made available by the Member State, all such applications shall be accepted.

Member States may, for the purpose of this Article, apply one or more of the following objective and non-discriminatory eligibility criteria:

Member States may, for the purpose of this Article, apply
  at national or regional level
  one or more of the following objective and non-discriminatory eligibility criteria:

at national or regional level

| (a) | the applicant shall have an agricultural area which is not smaller than the area for which he requests the authorisation; |
| --- | --- |

(a)

the applicant shall have an agricultural area which is not smaller than the area for which he requests the authorisation;

| (a) | the applicant shall have an agricultural area which is not smaller than the area for which he requests the authorisation; |
| --- | --- |

(a)

the applicant shall have an agricultural area which is not smaller than the area for which he requests the authorisation;

| (b) | the applicant shall possess adequate occupational skills and competence; |
| --- | --- |

(b)

the applicant shall possess adequate occupational skills and competence;

| (b) | the applicant shall possess adequate occupational skills and competence; |
| --- | --- |

(b)

the applicant shall possess adequate occupational skills and competence;

| (c) | the application shall not pose a significant risk of misappropriation of the reputation of specific protected designations of origin, which shall be presumed unless the existence of such risk is demonstrated by the public authorities; |
| --- | --- |

(c)

the application shall not pose a significant risk of misappropriation of the reputation of specific protected designations of origin, which shall be presumed unless the existence of such risk is demonstrated by the public authorities;

| (c) | the application shall not pose a significant risk of misappropriation of the reputation of specific protected designations of origin, which shall be presumed unless the existence of such risk is demonstrated by the public authorities; |
| --- | --- |

(c)

the application shall not pose a significant risk of misappropriation of the reputation of specific protected designations of origin, which shall be presumed unless the existence of such risk is demonstrated by the public authorities;

| (ca) | the applicant does not have vines planted without authorisation as referred to in Article 71 of this Regulation or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) No 1234/2007; |
| --- | --- |

(ca)

the applicant does not have vines planted without authorisation as referred to in Article 71 of this Regulation or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) No 1234/2007;

| (ca) | the applicant does not have vines planted without authorisation as referred to in Article 71 of this Regulation or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) No 1234/2007; |
| --- | --- |

(ca)

the applicant does not have vines planted without authorisation as referred to in Article 71 of this Regulation or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) No 1234/2007;

| (d) | where duly justified, one or more of the criteria referred to in paragraph 2, provided that they are applied in an objective and non-discriminatory manner. |
| --- | --- |

(d)

where duly justified, one or more of the criteria referred to in paragraph 2, provided that they are applied in an objective and non-discriminatory manner.

| (d) | where duly justified, one or more of the criteria referred to in paragraph 2, provided that they are applied in an objective and non-discriminatory manner. |
| --- | --- |

(d)

where duly justified, one or more of the criteria referred to in paragraph 2, provided that they are applied in an objective and non-discriminatory manner.

2.   If the total area covered by the eligible applications referred to in paragraph 1 in a given year exceeds the area made available by the Member State, authorisations shall be granted according to a pro-rata distribution of hectares to all applicants on the basis of the area for which they have requested the authorisation. Such granting may establish a minimum and/or a maximum area by applicant and also be partially or completely made in accordance with one or more of the following objective and non-discriminatory priority criteria:

2.   If the total area covered by the eligible applications referred to in paragraph 1 in a given year exceeds the area made available by the Member State, authorisations shall be granted according to a pro-rata distribution of hectares to all applicants on the basis of the area for which they have requested the authorisation. Such granting may establish a minimum and/or a maximum area by applicant and also be partially or completely made in accordance with one or more of the following objective and non-discriminatory priority criteria:

| (a) | producers who are setting up vine plantings for the first time, and who are established as the head of the holding (new entrants); |
| --- | --- |

(a)

producers who are setting up vine plantings for the first time, and who are established as the head of the holding (new entrants);

| (a) | producers who are setting up vine plantings for the first time, and who are established as the head of the holding (new entrants); |
| --- | --- |

(a)

producers who are setting up vine plantings for the first time, and who are established as the head of the holding (new entrants);

| (b) | areas where vineyards contribute to the preservation of the environment; |
| --- | --- |

(b)

areas where vineyards contribute to the preservation of the environment;

| (b) | areas where vineyards contribute to the preservation of the environment
  or the conservation of vine genetic resources
  ; |
| --- | --- |

(b)

areas where vineyards contribute to the preservation of the environment
  or the conservation of vine genetic resources
  ;

or the conservation of vine genetic resources

| (c) | areas to be newly planted in the framework of land consolidation projects; |
| --- | --- |

(c)

areas to be newly planted in the framework of land consolidation projects;

| (c) | areas to be newly planted in the framework of land consolidation projects; |
| --- | --- |

(c)

areas to be newly planted in the framework of land consolidation projects;

| (d) | areas facing natural or other specific constraints; |
| --- | --- |

(d)

areas facing natural or other specific constraints;

| (d) | areas facing natural or other specific constraints; |
| --- | --- |

(d)

areas facing natural or other specific constraints;

| (e) | the sustainability of projects of development or replantations on the basis of an economic evaluation; |
| --- | --- |

(e)

the sustainability of projects of development or replantations on the basis of an economic evaluation;

| (e) | the sustainability of projects of development or replantations on the basis of an economic evaluation; |
| --- | --- |

(e)

the sustainability of projects of development or replantations on the basis of an economic evaluation;

| (f) | areas to be newly planted which contribute to increasing the competitiveness
  at farm
  holding
  and
  regional level; |
| --- | --- |

(f)

areas to be newly planted which contribute to increasing the competitiveness
  at farm
  holding
  and
  regional level;

at farm

and

| (f) | areas to be newly planted which contribute to increasing the competitiveness
  of the
  holding
  , at
  regional
  , national and international
  level; |
| --- | --- |

(f)

areas to be newly planted which contribute to increasing the competitiveness
  of the
  holding
  , at
  regional
  , national and international
  level;

of the

, at

, national and international

| (g) | projects with the potential to improve the quality of products with geographical indications; |
| --- | --- |

(g)

projects with the potential to improve the quality of products with geographical indications;

| (g) | projects with the potential to improve the quality of products with geographical indications; |
| --- | --- |

(g)

projects with the potential to improve the quality of products with geographical indications;

| (h) | areas to be newly planted in the framework of increasing the size of small and medium-sized holdings. |
| --- | --- |

(h)

areas to be newly planted in the framework of increasing the size of small and medium-sized holdings.

| (h) | areas to be newly planted in the framework of increasing the size of small and medium-sized holdings. |
| --- | --- |

(h)

areas to be newly planted in the framework of increasing the size of small and medium-sized holdings.

2a.   If the Member State decides to apply one or more of the criteria referred to in paragraph 2, the Member State may add the additional condition that the applicant shall be a natural person who is no more than 40 years of age in the year of submission of the application.

2a.   If the Member State decides to apply one or more of the criteria referred to in paragraph 2, the Member State may add the additional condition that the applicant shall be a natural person who is no more than 40 years of age in the year of submission of the application.

2b.
     
  Member States may take any necessary regulatory measures to prevent the circumvention by the operators of the restrictive criteria that they apply pursuant to paragraphs 1, 2 and 2a.

3.   Member States shall make public the criteria referred to in paragraphs 1, 2 and 2a that they apply and shall notify them forthwith to the Commission.

3.   Member States shall make public the criteria referred to in paragraphs 1, 2 and 2a that they apply and shall notify them forthwith to the Commission.

3a.
     
  Should there be a limitation in accordance with point (b) of Article 63(2) on a regional level, priority and eligibility criteria may be applied on that level that are deemed to be in line with Article 64.’

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5 c (new)

Article 1 — paragraph 1 — point 5 c (new)

Regulation (EU) No 1308/2013

Article 65 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5c) | In Article 65, the following paragraph is inserted after the first paragraph:



  ‘When applying Article 63(2), a Member State shall establish a preliminary procedure that enables it to consider the opinions of representative trade organisations recognised at regional level in accordance with the legislation of that Member State.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5c)

(5c)

In Article 65, the following paragraph is inserted after the first paragraph:

‘When applying Article 63(2), a Member State shall establish a preliminary procedure that enables it to consider the opinions of representative trade organisations recognised at regional level in accordance with the legislation of that Member State.’

‘When applying Article 63(2), a Member State shall establish a preliminary procedure that enables it to consider the opinions of representative trade organisations recognised at regional level in accordance with the legislation of that Member State.’

Amendment 233

Amendment 233

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5 d (new)

Article 1 — paragraph 1 — point 5 d (new)

Regulation (EU) No 1308/2013

Article 68

| Present text | Amendment |
| --- | --- |
| | (5d) | Article 68 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(5d)

(5d)

Article 68 is replaced by the following:

Article 68

‘Article 68

Transitional provisions

Transitional provisions

1.   Planting rights granted to producers in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 before 31 December 2015 which have not been used by those producers and are still valid by that date may be converted into authorisations under this Chapter as from 1 January 2016.

1.   Planting rights granted to producers in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 before 31 December 2015 which have not been used by those producers and are still valid by that date may be converted into authorisations under this Chapter as from 1 January 2016.

Such conversion shall take place upon a request to be submitted by those producers before 31 December 2015. Member States may decide to allow producers to submit such a request to convert rights into authorisations until 31 December 2020.

Such conversion shall take place upon a request to be submitted by those producers before 31 December 2015. Member States may decide to allow producers to submit such a request to convert rights into authorisations until 31 December 2020.

1a.
     
  After 31 December 2020, the areas covered by planting rights that have not been converted into authorisations shall remain at the disposal of Member States, which may reallocate them in accordance with Article 66, at the latest by 31 December 2025.

2.   Authorisations granted pursuant to
  paragraph 1
  shall have the same period of validity as the planting rights referred to in paragraph 1. If these authorisations are not used, they shall expire at the latest by 31 December 2018, or, where a Member State has taken the decision referred to in the second subparagraph of paragraph 1, at the latest by 31 December
  2023
  .

2.   Authorisations granted pursuant to
  paragraphs 1 and 1a
  shall have the same period of validity as the planting rights referred to in paragraph 1. If these authorisations are not used, they shall expire at the latest by 31 December 2018, or, where a Member State has taken the decision referred to in the second subparagraph of paragraph 1, at the latest by 31 December
  2028
  .

3.   The areas covered by the authorisations granted pursuant to paragraph 1 shall be not be counted for the purposes of Article 63.

3.   The areas covered by the authorisations granted pursuant to paragraph 1 shall be not be counted for the purposes of Article 63.’

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Article 1– paragraph 1 — point 5 e (new)

Article 1– paragraph 1 — point 5 e (new)

Regulation (EU) No 1308/2013

Article 69 — paragraph 1 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5e) | In Article 69, the following point is added:









  ‘(ea) | criteria relating to the conservation of vine genetic resources.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5e)

(5e)

In Article 69, the following point is added:

‘(ea)

‘(ea)

criteria relating to the conservation of vine genetic resources.’

criteria relating to the conservation of vine genetic resources.’

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5 f (new)

Article 1 — paragraph 1 — point 5 f (new)

Regulation (EU) No 1308/2013

Article 73

| Present text | Amendment |
| --- | --- |
| | (5f) | Article 73 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(5f)

(5f)

Article 73 is replaced by the following:

Article 73

‘Article 73

Scope

Scope

Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning marketing standards.

Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health,
  and to ensure fair competition between Union producers and producers in third countries,
  this Section lays down the rules concerning marketing standards.’

and to ensure fair competition between Union producers and producers in third countries,

Amendment 234

Amendment 234

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5 g (new)

Article 1 — paragraph 1 — point 5 g (new)

Regulation (EU) No 1308/2013

Article 75

| Present text | Amendment |
| --- | --- |
| | (5 g) | Article 75 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(5 g)

(5 g)

Article 75 is replaced by the following:

Article 75

‘Article 75

Establishment and content

Establishment and content

1.   Marketing standards may apply to one or more of the following sectors and products:

1.   Marketing standards may apply to one or more of the following sectors and products:

| (a) | olive oil and table olives; |
| --- | --- |

(a)

olive oil and table olives;

| (a) | olive oil and table olives; |
| --- | --- |

(a)

olive oil and table olives;

| (b) | fruit and vegetables; |
| --- | --- |

(b)

fruit and vegetables;

| (b) | fruit and vegetables; |
| --- | --- |

(b)

fruit and vegetables;

| (c) | processed fruit and vegetable products; |
| --- | --- |

(c)

processed fruit and vegetable products;

| (c) | processed fruit and vegetable products; |
| --- | --- |

(c)

processed fruit and vegetable products;

| (d) | bananas; |
| --- | --- |

(d)

bananas;

| (d) | bananas; |
| --- | --- |

(d)

bananas;

| (e) | live plants; |
| --- | --- |

(e)

live plants;

| (e) | live plants; |
| --- | --- |

(e)

live plants;

| (f) | eggs; |
| --- | --- |

(f)

eggs;

| (f) | eggs; |
| --- | --- |

(f)

eggs;

| (g) | poultrymeat; |
| --- | --- |

(g)

poultrymeat;

| (g) | poultrymeat; |
| --- | --- |

(g)

poultrymeat;

| (h) | spreadable fats intended for human consumption; |
| --- | --- |

(h)

spreadable fats intended for human consumption;

| (h) | spreadable fats intended for human consumption; |
| --- | --- |

(h)

spreadable fats intended for human consumption;

| (i) | hops. |
| --- | --- |

(i)

hops.

| (i) | hops; |
| --- | --- |

(i)

hops;

| (ia) | rice; |
| --- | --- |

(ia)

(ia)

rice;

rice;

| (ib) | milk and milk products; |
| --- | --- |

(ib)

(ib)

milk and milk products;

milk and milk products;

| (ic) | honey and beehive products; |
| --- | --- |

(ic)

(ic)

honey and beehive products;

honey and beehive products;

| (id) | beef and veal; |
| --- | --- |

(id)

(id)

beef and veal;

beef and veal;

| (ie) | sheepmeat; |
| --- | --- |

(ie)

(ie)

sheepmeat;

sheepmeat;

| (if) | pigmeat; |
| --- | --- |

(if)

(if)

pigmeat;

pigmeat;

| (ig) | hemp
  . |
| --- | --- |

(ig)

(ig)

hemp
  .

hemp

2.   In order to take into account the expectations of consumers and to improve the economic conditions for the production and marketing as well as the quality of the agricultural products covered by paragraphs 1 and 4 of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on marketing standards by sectors or products, at all stages of the marketing, as well as derogations and exemptions from such standards in order to adapt to constantly changing market conditions, to evolving consumer demands, to developments in relevant international standards and to avoid creating obstacles to product innovation.

2.   In order to take into account the expectations of consumers and to improve the economic conditions for the production and marketing as well as the quality of the agricultural products covered by paragraphs 1 and 4 of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on marketing standards by sectors or products, at all stages of the marketing, as well as derogations and exemptions from such standards in order to adapt to constantly changing market conditions, to evolving consumer demands, to developments in relevant international standards and to avoid creating obstacles to product innovation .

3.   Without prejudice to Article 26 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (27), the marketing standards referred to in paragraph 1 may cover one or more of the following, to be determined on a sectoral or product basis and based on the characteristics of each sector, the need to regulate the placing on the market and the conditions defined in paragraph 5 of this Article:

3.   Without prejudice to Article 26 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (27), the marketing standards referred to in paragraph 1 may cover one or more of the following, to be determined on a sectoral or product basis and based on the characteristics of each sector, the need to regulate the placing on the market and the conditions defined in paragraph 5 of this Article:

| (a) | the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78; |
| --- | --- |

(a)

the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78;

| (a) | the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78; |
| --- | --- |

(a)

the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78;

| (b) | classification criteria such as grading into classes, weight, sizing, age and category; |
| --- | --- |

(b)

classification criteria such as grading into classes, weight, sizing, age and category;

| (b) | classification criteria such as grading into classes, weight, sizing, age and category; |
| --- | --- |

(b)

classification criteria such as grading into classes, weight, sizing, age and category;

| (c) | the species, plant variety or animal race or the commercial type; |
| --- | --- |

(c)

the species, plant variety or animal race or the commercial type;

| (c) | the species, plant variety or animal race or the commercial type; |
| --- | --- |

(c)

the species, plant variety or animal race or the commercial type;

| (d) | the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123; |
| --- | --- |

(d)

the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123;

| (d) | the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123; |
| --- | --- |

(d)

the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123;

| (e) | criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content; |
| --- | --- |

(e)

criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content;

| (e) | criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content; |
| --- | --- |

(e)

criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content;

| (f) | specific substances used in production, or components or constituents, including their quantitative content, purity and identification; |
| --- | --- |

(f)

specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

| (f) | specific substances used in production, or components or constituents, including their quantitative content, purity and identification; |
| --- | --- |

(f)

specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

| (g) | the type of farming and production method including oenological practices and advanced systems of sustainable production; |
| --- | --- |

(g)

the type of farming and production method including oenological practices and advanced systems of sustainable production;

| (g) | the type of farming and production method including oenological practices
  , animal feeding practices
  and advanced systems of sustainable production; |
| --- | --- |

(g)

the type of farming and production method including oenological practices
  , animal feeding practices
  and advanced systems of sustainable production;

, animal feeding practices

| (h) | coupage of must and wine including definitions thereof, blending and restrictions thereof; |
| --- | --- |

(h)

coupage of must and wine including definitions thereof, blending and restrictions thereof;

| (h) | coupage of must and wine including definitions thereof, blending and restrictions thereof; |
| --- | --- |

(h)

coupage of must and wine including definitions thereof, blending and restrictions thereof;

| (i) | the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport; |
| --- | --- |

(i)

the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport;

| (i) | the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport; |
| --- | --- |

(i)

the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport;

| (j) | the place of farming and/or origin
  , excluding poultry meat and spreadable fats
  ; |
| --- | --- |

(j)

the place of farming and/or origin
  , excluding poultry meat and spreadable fats
  ;

, excluding poultry meat and spreadable fats

| (j) | the place of farming and/or origin; |
| --- | --- |

(j)

the place of farming and/or origin;

| (k) | restrictions as regards the use of certain substances and practices; |
| --- | --- |

(k)

restrictions as regards the use of certain substances and practices;

| (k) | restrictions as regards the use of certain substances and practices; |
| --- | --- |

(k)

restrictions as regards the use of certain substances and practices;

| (l) | specific use; |
| --- | --- |

(l)

specific use;

| (l) | specific use; |
| --- | --- |

(l)

specific use;

| (m) | the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products. |
| --- | --- |

(m)

the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products.

| (m) | the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products; |
| --- | --- |

(m)

the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products;

| (ma) | animal welfare
  . |
| --- | --- |

(ma)

(ma)

animal welfare
  .

animal welfare

4.   In addition to paragraph 1, marketing standards may apply to the wine sector. Points (f), (g), (h), (k) and (m) of paragraph 3 shall apply to that sector.

4.   In addition to paragraph 1, marketing standards may apply to the wine sector. Points (f), (g), (h), (k) and (m) of paragraph 3 shall apply to that sector.

5.   The marketing standards by sectors or products adopted pursuant to paragraph 1 of this Article shall be established without prejudice to Articles 84 to 88 and Annex IX and shall take into account:

5.   The marketing standards by sectors or products adopted pursuant to paragraph 1 of this Article shall be established without prejudice to Articles 84 to 88 and Annex IX and shall take into account:

| (a) | the specific characteristics of the product concerned; |
| --- | --- |

(a)

the specific characteristics of the product concerned;

| (a) | the specific characteristics of the product concerned; |
| --- | --- |

(a)

the specific characteristics of the product concerned;

| (b) | the need to ensure the conditions to facilitate the placing of the products on the market; |
| --- | --- |

(b)

the need to ensure the conditions to facilitate the placing of the products on the market;

| (b) | the need to ensure the conditions to facilitate the placing of the products on the market; |
| --- | --- |

(b)

the need to ensure the conditions to facilitate the placing of the products on the market;

| (c) | the interest of producers to communicate the product and farming characteristics, and the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case-by-case basis at the appropriate geographical level, after conducting an evaluation, in particular, of the costs and administrative burdens for operators and the benefits offered to producers and the end consumer; |
| --- | --- |

(c)

the interest of producers to communicate the product and farming characteristics, and the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case-by-case basis at the appropriate geographical level, after conducting an evaluation, in particular, of the costs and administrative burdens for operators and the benefits offered to producers and the end consumer;

| (c) | the interest of producers to communicate the product and farming characteristics, and the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case-by-case basis at the appropriate geographical level, after conducting an evaluation, in particular, of the costs and administrative burdens for operators and the benefits offered to producers and the end consumer; |
| --- | --- |

(c)

the interest of producers to communicate the product and farming characteristics, and the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case-by-case basis at the appropriate geographical level, after conducting an evaluation, in particular, of the costs and administrative burdens for operators and the benefits offered to producers and the end consumer;

| (d) | the methods available for determining physical, chemical and organoleptic characteristics of the products; |
| --- | --- |

(d)

the methods available for determining physical, chemical and organoleptic characteristics of the products;

| (d) | the methods available for determining physical, chemical and organoleptic characteristics of the products; |
| --- | --- |

(d)

the methods available for determining physical, chemical and organoleptic characteristics of the products;

| (e) | the standard recommendations adopted by international bodies; |
| --- | --- |

(e)

the standard recommendations adopted by international bodies;

| (e) | the standard recommendations adopted by international bodies; |
| --- | --- |

(e)

the standard recommendations adopted by international bodies;

| (f) | the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned. |
| --- | --- |

(f)

the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned.

| (f) | the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned. |
| --- | --- |

(f)

the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned.

6.   In order to take into account the expectations of consumers and the need to improve the quality and the economic conditions for the production and marketing of agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to modify the list of sectors in paragraph 1. Such delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation, and shall be subject to a Commission report to the European Parliament and to the Council evaluating, in particular, the needs of the consumer, the costs and administrative burdens for operators, including the impact on the internal market and on international trade, and the benefits offered to producers and to the end consumer.

6.   In order to take into account the expectations of consumers and the need to improve the quality and the economic conditions for the production and marketing of agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to modify the list of sectors in paragraph 1. Such delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation, and shall be subject to a Commission report to the European Parliament and to the Council evaluating, in particular, the needs of the consumer, the costs and administrative burdens for operators, including the impact on the internal market and on international trade, and the benefits offered to producers and to the end consumer.’

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5 h (new)

Article 1 — paragraph 1 — point 5 h (new)

Regulation (EU) No 1308/2013

Article 78

| Present text | Amendment |
| --- | --- |
| | (5h) | Article 78 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(5h)

(5h)

Article 78 is replaced by the following:

Article 78

‘Article 78

Definitions, designations and sales descriptions for certain sectors and products

Definitions, designations and sales descriptions for certain sectors and products

1.   In addition, where relevant, to the applicable marketing standards, the definitions, designations and sales descriptions provided for in Annex VII shall apply to the following sectors or products:

1.   In addition, where relevant, to the applicable marketing standards, the definitions, designations and sales descriptions provided for in Annex VII shall apply to the following sectors or products:

| (a) | beef and veal; |
| --- | --- |

(a)

beef and veal;

| (a) | beef and veal; |
| --- | --- |

(a)

beef and veal;

| (aa) | sheep and lamb |
| --- | --- |

(aa)

(aa)

sheep and lamb

sheep and lamb

| (b) | wine; |
| --- | --- |

(b)

wine;

| (b) | wine; |
| --- | --- |

(b)

wine;

| (c) | milk and milk products intended for human consumption; |
| --- | --- |

(c)

milk and milk products intended for human consumption;

| (c) | milk and milk products intended for human consumption; |
| --- | --- |

(c)

milk and milk products intended for human consumption;

| (d) | poultrymeat; |
| --- | --- |

(d)

poultrymeat;

| (d) | poultrymeat; |
| --- | --- |

(d)

poultrymeat;

| (e) | eggs; |
| --- | --- |

(e)

eggs;

| (e) | eggs; |
| --- | --- |

(e)

eggs;

| (f) | spreadable fats intended for human consumption; and |
| --- | --- |

(f)

spreadable fats intended for human consumption; and

| (f) | spreadable fats intended for human consumption; and |
| --- | --- |

(f)

spreadable fats intended for human consumption; and

| (g) | olive oil and table olives. |
| --- | --- |

(g)

olive oil and table olives.

| (g) | olive oil and table olives. |
| --- | --- |

(g)

olive oil and table olives.

2.   The definitions, designations or sales descriptions provided for in Annex VII may be used in the Union only for the marketing of a product which conforms to the corresponding requirements laid down in that Annex.

2.   The definitions, designations or sales descriptions provided for in Annex VII may be used in the Union only for the marketing
  and promotion
  of a product which conforms to the corresponding requirements laid down in that Annex.
  Annex VII may prescribe the conditions under which such designations or sales descriptions are protected, at the time that they are marketed or promoted, against unlawful commercial use, misuse, imitation or evocation.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VII. Those delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VII. Those delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation.

4.   In order to ensure that operators and Member States have a clear and proper understanding of the definitions and sales descriptions provided for in Annex VII, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the rules on their specification and application.

4.   In order to ensure that operators and Member States have a clear and proper understanding of the definitions and sales descriptions provided for in Annex VII, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the rules on their specification and application.

5.   In order to take into account the expectations of consumers and the evolution of the milk products market, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to specify the milk products in respect of which the animal species from which the milk originates is to be stated, if it is not bovine, and to lay down the necessary rules.

5.   In order to take into account the expectations of consumers and the evolution of the milk products market, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to specify the milk products in respect of which the animal species from which the milk originates is to be stated, if it is not bovine, and to lay down the necessary rules.’

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5 i (new)

Article 1 — paragraph 1 — point 5 i (new)

Regulation (EU) No 1308/2013

Article 79 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5i) | The following article is inserted:




  ‘Article 79a




  Mixing olive oil with other vegetable oils





  1.
     
  The mixing of olive oil with other vegetable oils shall be prohibited.






  2.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 227 in order to supplement this Regulation by establishing sanctions for operators who do not comply with paragraph 1 of this Article.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5i)

(5i)

The following article is inserted:

‘Article 79a

Mixing olive oil with other vegetable oils

1.
     
  The mixing of olive oil with other vegetable oils shall be prohibited.

2.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 227 in order to supplement this Regulation by establishing sanctions for operators who do not comply with paragraph 1 of this Article.’

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5 j (new)

Article 1 — paragraph 1 — point 5 j (new)

Regulation (EU) No 1308/2013

Article 79 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5j) | The following article is inserted:




  ‘Article 79b




  Marketing rules concerning the olives and olive oil sectors




  In order to take account of the specific characteristics of the olives and olive oil sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in order to supplement this Regulation by harmonising marketing rules for table olives and olive oil.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5j)

(5j)

The following article is inserted:

‘Article 79b

Marketing rules concerning the olives and olive oil sectors

In order to take account of the specific characteristics of the olives and olive oil sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in order to supplement this Regulation by harmonising marketing rules for table olives and olive oil.’

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 6

Article 1 — paragraph 1 — point 6

Regulation (EU) No 1308/2013

Article 81 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | in Article 81, paragraph 2 is replaced by the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(6)

(6)

in Article 81, paragraph 2 is replaced by the following:

deleted

deleted

| | ‘2.
     
  Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted in their territories for the purpose of wine production. |
| --- | --- |

‘2.
     
  Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted in their territories for the purpose of wine production.

Member States may classify wine grape varieties where:

Member States may classify wine grape varieties where:

| | (a) | the variety concerned belongs to the species Vitis vinifera or Vitis Labrusca; or |
| --- | --- | --- |

(a)

(a)

the variety concerned belongs to the species Vitis vinifera or Vitis Labrusca; or

the variety concerned belongs to the species Vitis vinifera or Vitis Labrusca; or

| | (b) | the variety concerned comes from a cross between the species Vitis vinifera, Vitis Labrusca and other species of the genus Vitis. |
| --- | --- | --- |

(b)

(b)

the variety concerned comes from a cross between the species Vitis vinifera, Vitis Labrusca and other species of the genus Vitis.

the variety concerned comes from a cross between the species Vitis vinifera, Vitis Labrusca and other species of the genus Vitis.

| | Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing up of this variety shall take place within 15 years of its deletion.;’ |
| --- | --- |

Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing up of this variety shall take place within 15 years of its deletion.;’

Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing up of this variety shall take place within 15 years of its deletion.;’

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 6 a (new)

Article 1 — paragraph 1 — point 6 a (new)

Regulation (EU) No 1308/2013

Article 81 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | (6a) | In Article 81, paragraph 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(6a)

(6a)

In Article 81, paragraph 2 is replaced by the following:

2.   Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted
  on
  their territories for the purpose of wine
  production
  .

| | ‘2.   Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted
  in
  their territories for the purpose of wine
  making
  . |
| --- | --- |

‘2.   Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted
  in
  their territories for the purpose of wine
  making
  .

Only
  wine grape varieties
  meeting the following conditions may be classified by Member States
  :

Only

meeting the following conditions may be classified by Member States

| | Member States may classify
  wine grape varieties
  where
  : |
| --- | --- |

Member States may classify
  wine grape varieties
  where
  :

Member States may classify

where

| (a) | the variety concerned belongs to the species Vitis vinifera or comes from a cross between the species Vitis vinifera and other species of the genus Vitis; |
| --- | --- |

(a)

the variety concerned belongs to the species Vitis vinifera or comes from a cross between the species Vitis vinifera and other species of the genus Vitis;

| | (a) | the variety concerned belongs to the species Vitis vinifera or
  the variety concerned
  comes from a cross between the species Vitis vinifera, and other species of the genus Vitis. |
| --- | --- | --- |

(a)

the variety concerned belongs to the species Vitis vinifera or
  the variety concerned
  comes from a cross between the species Vitis vinifera, and other species of the genus Vitis.

the variety concerned

| (b) | the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont. |
| --- | --- |

(b)

the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont.

| | (b) | the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont. |
| --- | --- | --- |

(b)

the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont.

| | By way of derogation from the second subparagraph, Member States may authorise the replanting of Vitis Labrusca or the varieties from point (b) thereof in existing historical vineyards as long as the existing planted surface is not increased
  . |
| --- | --- |

By way of derogation from the second subparagraph, Member States may authorise the replanting of Vitis Labrusca or the varieties from point (b) thereof in existing historical vineyards as long as the existing planted surface is not increased
  .

By way of derogation from the second subparagraph, Member States may authorise the replanting of Vitis Labrusca or the varieties from point (b) thereof in existing historical vineyards as long as the existing planted surface is not increased

Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing up of this variety shall take place within 15 years of its deletion.

| | Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing up of this variety shall take place within 15 years of its deletion.’ |
| --- | --- |

Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing up of this variety shall take place within 15 years of its deletion.’

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 8

Article 1 — paragraph 1 — point 8

Regulation (EU) No 1308/2013

Article 90a — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the establishment of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by Member States; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the establishment of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by Member States;

| (a) | the establishment
  or maintenance
  of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by Member States; |
| --- | --- |

(a)

the establishment
  or maintenance
  of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by Member States;

or maintenance

Amendment 78

Amendment 78

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 8 a (new)

Article 1 — paragraph 1 — point 8 a (new)

Regulation (EU) No 1308/2013

Article 92 — paragraph 1

| Present text | Amendment |
| --- | --- |
| | (8a) | In Article 92, paragraph 1 is replaced by the following |

Present text

Present text

Amendment

Amendment

(8a)

(8a)

In Article 92, paragraph 1 is replaced by the following

1.   Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VII.

| | ‘1.   Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply
  only
  to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VII.’ |
| --- | --- |

‘1.   Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply
  only
  to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VII.’

Amendment 235/rev

Amendment 235/rev

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 9 — point a

Article 1 — paragraph 1 — point 9 — point a

Regulation (EU) No 1308/2013

Article 93 — paragraph 1 — point a — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | ‘a designation of origin’ means
  a name which identifies
  a product, referred to in Article 92(1): |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

‘a designation of origin’ means
  a name which identifies
  a product, referred to in Article 92(1):

a name which identifies

| (a) | ‘a designation of origin’ means
  the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe
  a product, referred to in Article 92(1): |
| --- | --- |

(a)

‘a designation of origin’ means
  the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe
  a product, referred to in Article 92(1):

the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 9 — point a

Article 1 — paragraph 1 — point 9 — point a

Regulation (EU) No 1308/2013

Article 93 — paragraph 1 — point a — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | whose quality or characteristics are essentially or exclusively due to a particular geographical environment, with its
  inherent
  natural factors and
  , where relevant,
  human factors; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

whose quality or characteristics are essentially or exclusively due to a particular geographical environment, with its
  inherent
  natural factors and
  , where relevant,
  human factors;

inherent

, where relevant,

| (i) | whose quality or characteristics are essentially or exclusively due to a particular geographical environment, with its natural factors and human factors; |
| --- | --- |

(i)

whose quality or characteristics are essentially or exclusively due to a particular geographical environment, with its natural factors and human factors;

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 9 — point a

Article 1 — paragraph 1 — point 9 — point a

Regulation (EU) No 1308/2013

Article 93 — paragraph 1 — point a — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | as originating in a specific place, region or, in exceptional cases, a country; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

(ii)

as originating in a specific place, region or, in exceptional cases, a country;

as originating in a specific place, region or, in exceptional cases, a country;

deleted

deleted

Amendment 82

Amendment 82

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 9 — point a

Article 1 — paragraph 1 — point 9 — point a

Regulation (EU) No 1308/2013

Article 93 — paragraph 1 — point a — point v a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (va) | which is not ‘partially de-alcoholised’ or ‘de-alcoholised’ as referred to in points 18 and 19 of Part II of Annex VII. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(va)

(va)

which is not ‘partially de-alcoholised’ or ‘de-alcoholised’ as referred to in points 18 and 19 of Part II of Annex VII.

which is not ‘partially de-alcoholised’ or ‘de-alcoholised’ as referred to in points 18 and 19 of Part II of Annex VII.

Amendment 83

Amendment 83

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 10

Article 1 — paragraph 1 — point 10

Regulation (EU) No 1308/2013

Article 94 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | in Article 94(1), the introductory sentence is replaced by the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10)

(10)

in Article 94(1), the introductory sentence is replaced by the following:

deleted

deleted

| | ‘Applications for protection of names as designations of origin or geographical indications shall include:’ |
| --- | --- |

‘Applications for protection of names as designations of origin or geographical indications shall include:’

‘Applications for protection of names as designations of origin or geographical indications shall include:’

Amendment 236

Amendment 236

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 10 a (new)

Article 1 — paragraph 1 — point 10 a (new)

Regulation (EU) No 1308/2013

Article 94

| Present text | Amendment |
| --- | --- |
| | (10a) | Article 94 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(10a)

(10a)

Article 94 is replaced by the following:

Article 94

‘Article 94

Applications for protection

Applications for protection

1.   Applications for protection of names as designations of origin or geographical indications shall include
  a technical file containing
  :

1.   Applications for protection of names as designations of origin or geographical indications shall include:

| (a) | the name to be protected; |
| --- | --- |

(a)

the name to be protected;

| (a) | the name to be protected; |
| --- | --- |

(a)

the name to be protected;

| (b) | the name and address of the applicant; |
| --- | --- |

(b)

the name and address of the applicant;

| (b) | the name and address of the applicant; |
| --- | --- |

(b)

the name and address of the applicant;

| (c) | a product specification, as referred to in paragraph 2; and |
| --- | --- |

(c)

a product specification, as referred to in paragraph 2; and

| (c) | a product specification, as referred to in paragraph 2; and |
| --- | --- |

(c)

a product specification, as referred to in paragraph 2; and

| (d) | a single document summarising the product specification referred to in paragraph 2. |
| --- | --- |

(d)

a single document summarising the product specification referred to in paragraph 2.

| (d) | a single document summarising the product specification referred to in paragraph 2. |
| --- | --- |

(d)

a single document summarising the product specification referred to in paragraph 2.

2.   The product specification shall enable interested parties to verify the relevant conditions of production relating to the designation of origin or geographical indication. The product specification shall at least consist of:

2.   The product specification shall enable interested parties to verify the relevant conditions of production relating to the designation of origin or geographical indication. The product specification shall at least consist of:

| (a) | the name to be protected; |
| --- | --- |

(a)

the name to be protected;

| (a) | the name to be protected; |
| --- | --- |

(a)

the name to be protected;

| (b) | a description of the wine or wines: |
| --- | --- |

(b)

a description of the wine or wines:

| (b) | a description of the wine or wines: |
| --- | --- |

(b)

a description of the wine or wines:

| | (i) | in respect of a designation of origin, the principal analytical and organoleptic characteristics; |
| --- | --- | --- |

(i)

in respect of a designation of origin, the principal analytical and organoleptic characteristics;

| | (i) | in respect of a designation of origin, the principal analytical and organoleptic characteristics; |
| --- | --- | --- |

(i)

in respect of a designation of origin, the principal analytical and organoleptic characteristics;

| | (ii) | in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics; |
| --- | --- | --- |

(ii)

in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics;

| | (ii) | in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics; |
| --- | --- | --- |

(ii)

in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics;

| (c) | where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them; |
| --- | --- |

(c)

where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;

| (c) | where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them; |
| --- | --- |

(c)

where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;

| (d) | the demarcation of the geographical area concerned; |
| --- | --- |

(d)

the demarcation of the geographical area concerned;

| (d) | the demarcation of the geographical area concerned; |
| --- | --- |

(d)

the demarcation of the geographical area concerned;

| (e) | the maximum yields per hectare; |
| --- | --- |

(e)

the maximum yields per hectare;

| (e) | the maximum yields per hectare; |
| --- | --- |

(e)

the maximum yields per hectare;

| (f) | an indication of the wine grape variety or varieties that the wine or wines are obtained from; |
| --- | --- |

(f)

an indication of the wine grape variety or varieties that the wine or wines are obtained from;

| (f) | an indication of the wine grape variety or varieties that the wine or wines are obtained from; |
| --- | --- |

(f)

an indication of the wine grape variety or varieties that the wine or wines are obtained from;

| (g) | the details bearing out the
  link
  referred to in point (a)(i)
  or, as the case may be
  , in point (b)(i) of Article 93(1); |
| --- | --- |

(g)

the details bearing out the
  link
  referred to in point (a)(i)
  or, as the case may be
  , in point (b)(i) of Article 93(1);

link

or, as the case may be

| (g) | the details bearing out the
  following links: |
| --- | --- |

(g)

the details bearing out the
  following links:

following links:

| | (i) | as regards a protected designation of origin, the link between the quality or characteristics of the product and the geographical environment and the details concerning the natural and human factors of that geographical environment
  referred to in point (a)(i)
  of Article 93(1); |
| --- | --- | --- |

(i)

(i)

as regards a protected designation of origin, the link between the quality or characteristics of the product and the geographical environment and the details concerning the natural and human factors of that geographical environment
  referred to in point (a)(i)
  of Article 93(1);

as regards a protected designation of origin, the link between the quality or characteristics of the product and the geographical environment and the details concerning the natural and human factors of that geographical environment

of Article 93(1);

| | (ii) | as regards a protected geographical indication, the link between a specific quality
  ,
  the reputation or other characteristic of the product and the geographical origin referred to
  in point (b)(i) of Article 93(1); |
| --- | --- | --- |

(ii)

(ii)

as regards a protected geographical indication, the link between a specific quality
  ,
  the reputation or other characteristic of the product and the geographical origin referred to
  in point (b)(i) of Article 93(1);

as regards a protected geographical indication, the link between a specific quality

the reputation or other characteristic of the product and the geographical origin referred to

| (ga) | where applicable, its contribution to sustainable development
  ; |
| --- | --- |

(ga)

(ga)

where applicable, its contribution to sustainable development
  ;

where applicable, its contribution to sustainable development

| (h) | applicable requirements laid down in Union or national legislation or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union law; |
| --- | --- |

(h)

applicable requirements laid down in Union or national legislation or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union law;

| (h) | applicable requirements laid down in Union or national legislation or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union law; |
| --- | --- |

(h)

applicable requirements laid down in Union or national legislation or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union law;

| (i) | the name and address of the authorities or bodies verifying compliance with the provisions of the product specification, and their specific tasks. |
| --- | --- |

(i)

the name and address of the authorities or bodies verifying compliance with the provisions of the product specification, and their specific tasks.

| (i) | the name and address of the authorities or bodies verifying compliance with the provisions of the product specification, and their specific tasks. |
| --- | --- |

(i)

the name and address of the authorities or bodies verifying compliance with the provisions of the product specification, and their specific tasks.

3.   Where the application for protection concerns a geographical area in a third country, it shall contain, in addition to the elements provided for in paragraphs 1 and 2, proof that the name concerned is protected in its country of origin.

3.   Where the application for protection concerns a geographical area in a third country, it shall contain, in addition to the elements provided for in paragraphs 1 and 2, proof that the name concerned is protected in its country of origin.’

Amendment 85

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 10 b (new)

Article 1 — paragraph 1 — point 10 b (new)

Regulation (EU) No 1308/2013

Article 96 — paragraph 5 — subparagraphs 1 a and 1b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10b) | In Article 96(5), the following subparagraphs are added:



  ‘When forwarding the application for protection to the Commission under the first subparagraph of this paragraph, the Member State shall include a statement that it considers that the application submitted by the applicant fulfils the conditions relating to the protection provided for in this Section and that it certifies that the single document referred to in point (d) of Article 94(1) constitutes a true summary of the product specification.




  Member States shall inform the Commission of any admissible oppositions submitted under the national procedure.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10b)

(10b)

In Article 96(5), the following subparagraphs are added:

‘When forwarding the application for protection to the Commission under the first subparagraph of this paragraph, the Member State shall include a statement that it considers that the application submitted by the applicant fulfils the conditions relating to the protection provided for in this Section and that it certifies that the single document referred to in point (d) of Article 94(1) constitutes a true summary of the product specification.

‘When forwarding the application for protection to the Commission under the first subparagraph of this paragraph, the Member State shall include a statement that it considers that the application submitted by the applicant fulfils the conditions relating to the protection provided for in this Section and that it certifies that the single document referred to in point (d) of Article 94(1) constitutes a true summary of the product specification.

Member States shall inform the Commission of any admissible oppositions submitted under the national procedure.’

Member States shall inform the Commission of any admissible oppositions submitted under the national procedure.’

Amendment 86

Amendment 86

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 11

Article 1 — paragraph 1 — point 11

Regulation (EU) No 1308/2013

Article 96 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.
     
  Where appropriate, the Commission may adopt implementing acts to suspend the examination of the application referred to in Article 97(2) until a national court or other national body has adjudicated on a challenge to an application for protection where the Member State has considered that the requirements are fulfilled in a preliminary national procedure in accordance with paragraph 5. | deleted |
| Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).'; | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.
     
  Where appropriate, the Commission may adopt implementing acts to suspend the examination of the application referred to in Article 97(2) until a national court or other national body has adjudicated on a challenge to an application for protection where the Member State has considered that the requirements are fulfilled in a preliminary national procedure in accordance with paragraph 5.

deleted

deleted

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).';

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).';

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 12

Article 1 — paragraph 1 — point 12

Regulation (EU) No 1308/2013

Article 97 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall examine applications for protection that it receives in accordance with Articles 94 and 96(5). It shall scrutinise them for manifest errors, taking into account the outcome of the preliminary national procedure carried out by the Member State concerned. | The Commission shall examine applications for protection that it receives in accordance with Articles 94 and 96(5). It shall scrutinise them for manifest errors, taking into account the outcome of the preliminary national procedure carried out by the Member State concerned.
  That examination shall focus in particular on the single document referred to in point (d) of Article 94(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall examine applications for protection that it receives in accordance with Articles 94 and 96(5). It shall scrutinise them for manifest errors, taking into account the outcome of the preliminary national procedure carried out by the Member State concerned.

The Commission shall examine applications for protection that it receives in accordance with Articles 94 and 96(5). It shall scrutinise them for manifest errors, taking into account the outcome of the preliminary national procedure carried out by the Member State concerned.
  That examination shall focus in particular on the single document referred to in point (d) of Article 94(1).

That examination shall focus in particular on the single document referred to in point (d) of Article 94(1).

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 14

Article 1 — paragraph 1 — point 14

Regulation (EU) No 1308/2013

Article 103 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | in Article 103, the following paragraph 4 is added: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(14)

(14)

in Article 103, the following paragraph 4 is added:

deleted

deleted

| | ‘4.
     
  The protection referred to in paragraph 2 shall also apply with regard to goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union and with regard to goods sold through means of electronic commerce in the Union.;’ |
| --- | --- |

‘4.
     
  The protection referred to in paragraph 2 shall also apply with regard to goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union and with regard to goods sold through means of electronic commerce in the Union.;’

Amendment 263/rev

Amendment 263/rev

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 14 a (new)

Article 1 — paragraph 1 — point 14 a (new)

Regulation (EU) No 1308/2013

Article 103

| Present text | Amendment |
| --- | --- |
| | (14a) | Article 103 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(14a)

(14a)

Article 103 is replaced by the following:

Article 103

‘Article 103

Protection

Protection

1.   A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.

1.   A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.

2.   A protected designation of origin and a protected geographical indication, as well as the wine using that protected name in conformity with the product specifications, shall be protected against:

2.   A protected designation of origin and a protected geographical indication, as well as the wine using that protected name in conformity with the product specifications, shall be protected against:

| (a) | any direct or indirect commercial use of that protected name: |
| --- | --- |

(a)

any direct or indirect commercial use of that protected name:

| (a) | any direct or indirect commercial use of that protected name: |
| --- | --- |

(a)

any direct or indirect commercial use of that protected name:

| | (i) | by comparable products not complying with the product specification of the protected name; or |
| --- | --- | --- |

(i)

by comparable products not complying with the product specification of the protected name; or

| | (i) | by comparable products not complying with the product specification of the protected name; or |
| --- | --- | --- |

(i)

by comparable products not complying with the product specification of the protected name; or

| | (ii) | in so far as such use exploits the reputation of a designation of origin or a geographical indication; |
| --- | --- | --- |

(ii)

in so far as such use exploits the reputation of a designation of origin or a geographical indication;

| | (ii) | in so far as such use exploits
  , weakens or dilutes
  the reputation of a designation of origin or a geographical indication
  , including when a registered name is used as an ingredient
  ; |
| --- | --- | --- |

(ii)

in so far as such use exploits
  , weakens or dilutes
  the reputation of a designation of origin or a geographical indication
  , including when a registered name is used as an ingredient
  ;

, weakens or dilutes

, including when a registered name is used as an ingredient

| (b) | any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar; |
| --- | --- |

(b)

any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;

| (b) | any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “like” or similar
  , including when those registered names are used as an ingredient
  ; |
| --- | --- |

(b)

any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “like” or similar
  , including when those registered names are used as an ingredient
  ;

, including when those registered names are used as an ingredient

| (c) | any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin; |
| --- | --- |

(c)

any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin;

| (c) | any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin; |
| --- | --- |

(c)

any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin;

| (d) | any other practice liable to mislead the consumer as to the true origin of the product. |
| --- | --- |

(d)

any other practice liable to mislead the consumer as to the true origin of the product.

| (d) | any other practice liable to mislead the consumer as to the true origin of the product; |
| --- | --- |

(d)

any other practice liable to mislead the consumer as to the true origin of the product;

| (da) | any indication, in bad faith, of a domain name that is similar or that may be confused, in full or in part, with a protected name. |
| --- | --- |

(da)

(da)

any indication, in bad faith, of a domain name that is similar or that may be confused, in full or in part, with a protected name.

any indication, in bad faith, of a domain name that is similar or that may be confused, in full or in part, with a protected name.

3.   Protected designations of origin and protected geographical indications shall not become generic in the Union within the meaning of Article 101(1).

3.   Protected designations of origin and protected geographical indications shall not become generic in the Union within the meaning of Article 101(1).

3a.
     
  The protection referred to in paragraph 2 shall also apply with regard to goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union and with regard to goods sold through means of electronic commerce in the Union.

3b.
     
  When the geographical area of a wine benefiting from a protected designation of origin is covered by another protected designation of origin whose geographical area is larger, the Member States may determine the conditions under which the wines in question may benefit from this other protected designation of origin. Those conditions must be included in the product specifications of the wines concerned.’

Amendment 237

Amendment 237

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 14 b (new)

Article 1 — paragraph 1 — point 14 b (new)

Regulation (EU) No 1308/2013

Article 105

| Present text | Amendment |
| --- | --- |
| | (14b) | Article 105 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(14b)

(14b)

Article 105 is replaced by the following:

Article 105

‘Article 105

Amendments to product specifications

Amendments to product specifications

An applicant satisfying the conditions laid down in Article 95 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redemarcate the geographical area referred to in point (d) of the second subparagraph of Article 94(2). Applications shall describe and state reasons for the amendments requested.

1.
     An applicant satisfying the conditions laid down in Article 95 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redemarcate the geographical area referred to in point (d) of the second subparagraph of Article 94(2). Applications shall describe and state reasons for the amendments requested.

1a.
     
  Amendments to a product specification shall be classified into two categories as regards their importance: amendments requiring an objection procedure at Union level (“Union amendments”) and amendments to be dealt with at Member State or third country level (“standard amendments”).

An amendment shall be considered to be a Union amendment where:

An amendment shall be considered to be a Union amendment where:

| (a) | it includes a change in the name of the protected designation of origin or the protected geographical indication; |
| --- | --- |

(a)

(a)

it includes a change in the name of the protected designation of origin or the protected geographical indication;

it includes a change in the name of the protected designation of origin or the protected geographical indication;

| (b) | it consists of a change, a deletion or an addition of a category of grapevine products referred to in Part II of Annex VII; |
| --- | --- |

(b)

(b)

it consists of a change, a deletion or an addition of a category of grapevine products referred to in Part II of Annex VII;

it consists of a change, a deletion or an addition of a category of grapevine products referred to in Part II of Annex VII;

| (c) | it could potentially void the link referred to in point (a)(i) or (b)(i) of Article 93(1); |
| --- | --- |

(c)

(c)

it could potentially void the link referred to in point (a)(i) or (b)(i) of Article 93(1);

it could potentially void the link referred to in point (a)(i) or (b)(i) of Article 93(1);

| (d) | it entails further restrictions on the marketing of the product. |
| --- | --- |

(d)

(d)

it entails further restrictions on the marketing of the product.

it entails further restrictions on the marketing of the product.

Applications for Union amendments submitted by third countries or by third country producers shall contain proof that the requested amendment complies with the laws on the protection of designations of origin or geographical indications in force in those third countries.

Applications for Union amendments submitted by third countries or by third country producers shall contain proof that the requested amendment complies with the laws on the protection of designations of origin or geographical indications in force in those third countries.

All other amendments shall be considered to be standard amendments.

All other amendments shall be considered to be standard amendments.

1b.
     
  A temporary amendment shall be a standard amendment concerning a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities.

1c.
     
  In the event of a change in the production conditions related to vines intended for the production of a protected designation of origin, the vines in place shall continue to benefit from the right to produce the protected designation of origin for a period specified in the product specification and at the latest until they are grubbed up.’

Amendment 91

Amendment 91

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 14 c (new)

Article 1 — paragraph 1 — point 14 c (new)

Regulation (EU) No 1308/2013

Article 105 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14c) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(14c)

(14c)

The following article is inserted:

‘Article 105a

‘Article 105a

Amendments at Union level

Amendments at Union level

1.
     
  An application for approval of a Union amendment to the product specifications shall follow mutatis mutandis the procedure laid down in Articles 94 and 96 to 99. Applications for approval of a Union amendment to the product specifications shall be considered admissible if they are submitted in accordance with Article 105 and if they are complete, exhaustive and duly completed. The approval by the Commission of an application for approval of a Union amendment to the product specifications shall only cover the amendments submitted in the application itself.

2.
     
  Where, based on the examination carried out pursuant to Article 97(2), the Commission considers that the conditions laid down in Article 97(3) are met, it shall publish the application for Union amendment in the Official Journal of the European Union. The final decision on the approval of the amendment shall be adopted without applying the examination procedure referred to in Article 229(2), unless an admissible objection has been lodged or the application for amendment is rejected, in which case Article 99(2) shall apply.

3.
     
  If the application is considered inadmissible, the competent authorities of the Member State or those of the third country or applicant established in a third country shall be informed of the reasons for the inadmissibility.

4.
     
  Applications for approval of Union amendments shall contain Union amendments exclusively. If an application for Union amendment also contains standard or temporary amendments, the procedure for Union amendments shall only apply to Union amendments. The standard or temporary amendments shall be deemed as not submitted.

5.
     
  In examining the application for amendments, the Commission shall focus on the proposed amendments.’

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 14 d (new)

Article 1 — paragraph 1 — point 14 d (new)

Regulation (EU) No 1308/2013

Article 105 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14d) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(14d)

(14d)

The following article is inserted:

‘Article 105b

‘Article 105b

Standard amendments

Standard amendments

1.
     
  Standard amendments shall be approved and made public by Member States in which the geographical area of the designation of origin or geographical indication relates.

Application for approval of a standard amendment to a product specification shall be submitted to the authorities of the Member State to whom the geographical area of the designation or indication relates. Applicants shall satisfy the conditions laid down in Article 95. If the application for approval of a standard amendment to a product specification does not come from the applicant which has submitted the application for protection of the name or names to which the product specification refers, the Member State shall give that applicant the opportunity to comment on the application, if the applicant still exists.

Application for approval of a standard amendment to a product specification shall be submitted to the authorities of the Member State to whom the geographical area of the designation or indication relates. Applicants shall satisfy the conditions laid down in Article 95. If the application for approval of a standard amendment to a product specification does not come from the applicant which has submitted the application for protection of the name or names to which the product specification refers, the Member State shall give that applicant the opportunity to comment on the application, if the applicant still exists.

The application for a standard amendment shall provide a description of the standard amendments, provide a summary of the reasons for which the amendments are required, and demonstrate that the proposed amendments qualify as standard in accordance with Article 105.

The application for a standard amendment shall provide a description of the standard amendments, provide a summary of the reasons for which the amendments are required, and demonstrate that the proposed amendments qualify as standard in accordance with Article 105.

2.
     
  Where the Member State considers that the requirements are met, it may approve and make public the standard amendment. The approval decision shall include the modified consolidated single document, where relevant, and the modified consolidated product specification.

The standard amendment shall be applicable in the Member State once it has been made public. The Member State shall communicate standard amendments to the Commission not later than one month following the date on which the national decision of approval was made public.

The standard amendment shall be applicable in the Member State once it has been made public. The Member State shall communicate standard amendments to the Commission not later than one month following the date on which the national decision of approval was made public.

3.
     
  Decisions approving standard amendments concerning grapevine products originating in third countries shall be taken in accordance with the system in force in the third country concerned and shall be communicated to the Commission by a single producer or group of producers having a legitimate interest, either directly to the Commission or via the authorities of that third country, not later than one month following the date on which they are made public.

4.
     
  If the geographical area covers more than one Member State, the Member States concerned shall apply the procedure for standard amendments separately for the part of the area which falls within their territory. The standard amendment shall be applicable after the last national decision of approval becomes applicable. The Member State last approving the standard amendment shall send it to the Commission not later than one month following the date on which its decision approving the standard amendment is made public.

If one or more Member States concerned do not adopt the national decision of approval referred to in the first subparagraph, any of Member State concerned may submit an application under the Union amendment procedure. Such a rule shall also apply mutatis mutandis when one or more of the countries concerned is a third country.’

If one or more Member States concerned do not adopt the national decision of approval referred to in the first subparagraph, any of Member State concerned may submit an application under the Union amendment procedure. Such a rule shall also apply mutatis mutandis when one or more of the countries concerned is a third country.’

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 14 e (new)

Article 1 — paragraph 1 — point 14 e (new)

Regulation (EU) No 1308/2013

Article 105 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14e) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(14e)

(14e)

The following article is inserted:

‘Article 105c

‘Article 105c

Temporary amendments

Temporary amendments

1.
     
  Temporary amendments shall be approved and made public by Member State to which the geographical area of the designation of origin or geographical indication relates. They shall be communicated to the Commission together with the reasons supporting the temporary amendments, not later than one month following the date on which the national decision of approval was made public. A temporary amendment shall be applicable in the Member State once it has been made public.

2.
     
  When the geographical area covers more than one Member State, the procedure for temporary amendment shall apply separately in the Member States concerned for the part of the area which falls within their territory. Temporary amendments shall be applicable only when the last national decision of approval becomes applicable. The Member State last approving the temporary amendment shall communicate it to the Commission not later than one month following the date upon which its decision of approval is made public. That rule applies mutatis mutandis also when one or more of the countries concerned is a third country.

3.
     
  Temporary amendments concerning grapevine products originating in third countries shall be communicated to the Commission, together with the reasons supporting the temporary amendments, to a single producer or a group of producers having a legitimate interest, , either directly or via the authorities of that third country, not later than one month following the date of their approval.

4.
     
  The Commission shall make public such amendments within three months from the date of which the communication is received from the Member State, third country or third country single producer or group of producers. A temporary amendment shall be applicable in the territory of the Union once it has been made public by the Commission.’

Amendment 94

Amendment 94

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 15

Article 1 — paragraph 1 — point 15

Regulation (EU) No 1308/2013

Article 106

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | Article 106 is replaced by the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(15)

(15)

Article 106 is replaced by the following:

deleted

deleted

‘Article 106

‘Article 106

Cancellation

Cancellation

The Commission may, on its own initiative or at the duly substantiated request of a Member State, a third country, or a natural or legal person having a legitimate interest, adopt implementing acts cancelling the protection of a designation of origin or a geographical indication in one or more of the following circumstances:

The Commission may, on its own initiative or at the duly substantiated request of a Member State, a third country, or a natural or legal person having a legitimate interest, adopt implementing acts cancelling the protection of a designation of origin or a geographical indication in one or more of the following circumstances:

| (a) | where compliance with the corresponding product specification is no longer guaranteed; |
| --- | --- |

(a)

(a)

where compliance with the corresponding product specification is no longer guaranteed;

where compliance with the corresponding product specification is no longer guaranteed;

| (b) | where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years; |
| --- | --- |

(b)

(b)

where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years;

where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years;

| (c) | where an applicant satisfying the conditions laid down in Article 95 declares that it no longer wants to maintain the protection of a designation of origin or a geographical indication. |
| --- | --- |

(c)

(c)

where an applicant satisfying the conditions laid down in Article 95 declares that it no longer wants to maintain the protection of a designation of origin or a geographical indication.

where an applicant satisfying the conditions laid down in Article 95 declares that it no longer wants to maintain the protection of a designation of origin or a geographical indication.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

Amendment 95

Amendment 95

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 15 a (new)

Article 1 — paragraph 1 — point 15 a (new)

Regulation (EU) No 1308/2013

Article 106

| Present text | Amendment |
| --- | --- |
| | (15a) | Article 106 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(15a)

(15a)

Article 106 is replaced by the following:

Article 106

‘Article 106

Cancellation

Cancellation

The Commission may, on its own initiative or
  on a
  duly substantiated request
  by
  a Member State, a third country or a natural or legal person having a legitimate interest, adopt implementing acts cancelling the protection of a designation of origin or a geographical indication
  if
  compliance with the corresponding product specification is no longer
  ensured
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

on a

by

if

ensured

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

1.
     The Commission may, on its own initiative or
  at the
  duly substantiated request
  of
  a Member State, a third country, or a natural or legal person having a legitimate interest, adopt implementing acts cancelling the protection of a designation of origin or a geographical indication
  in one or more of the following circumstances:

| (a) | where
  compliance with the corresponding product specification is no longer
  guaranteed; |
| --- | --- |

(a)

(a)

where
  compliance with the corresponding product specification is no longer
  guaranteed;

where

guaranteed;

| (b) | where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years; |
| --- | --- |

(b)

(b)

where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years;

where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years;

| (c) | where an applicant satisfying the conditions laid down in Article 95 declares that it no longer wants to maintain the protection of a designation of origin or a geographical indication
  . |
| --- | --- |

(c)

(c)

where an applicant satisfying the conditions laid down in Article 95 declares that it no longer wants to maintain the protection of a designation of origin or a geographical indication
  .

where an applicant satisfying the conditions laid down in Article 95 declares that it no longer wants to maintain the protection of a designation of origin or a geographical indication

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

1a.
     
  Where the Commission considers that the cancellation request is not admissible, it shall inform the Member State or the third country authority or the natural or legal person that submitted the request of the reasons supporting the finding of inadmissibility.

1b.
     
  Substantiated statements of objection to the cancellation shall be admissible only where they show commercial reliance by an interested person on the registered name.’

Amendment 96

Amendment 96

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 15 b (new)

Article 1 — paragraph 1 — point 15 b (new)

Regulation (EU) No 1308/2013

Article 106 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (15b) | The following article is inserted:




  ‘Article 106a




  Temporary labelling and presentation




  After an application for the protection of a designation of origin or geographical indication has been forwarded to the Commission, producers may indicate it in labelling and presentation and use national logos and indications, in compliance with Union law and in particular with Regulation (EU) No 1169/2011.




  Union symbols indicating the protected designation of origin or protected geographical indication, the Union indications “protected designation of origin” or “protected geographical indication” and the Union abbreviations “PDO” or “PGI” may appear on the labelling only after the publication of the decision conferring protection on that designation of origin or geographical indication.




  Where the application is rejected, any grapevine products labelled in accordance with the first paragraph may be marketed until the stocks are exhausted.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(15b)

(15b)

The following article is inserted:

‘Article 106a

Temporary labelling and presentation

After an application for the protection of a designation of origin or geographical indication has been forwarded to the Commission, producers may indicate it in labelling and presentation and use national logos and indications, in compliance with Union law and in particular with Regulation (EU) No 1169/2011.

Union symbols indicating the protected designation of origin or protected geographical indication, the Union indications “protected designation of origin” or “protected geographical indication” and the Union abbreviations “PDO” or “PGI” may appear on the labelling only after the publication of the decision conferring protection on that designation of origin or geographical indication.

Where the application is rejected, any grapevine products labelled in accordance with the first paragraph may be marketed until the stocks are exhausted.’

Amendment 97

Amendment 97

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 15 c (new)

Article 1 — paragraph 1 — point 15 c (new)

Regulation (EU) No 1308/2013

Article 107 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (15c) | The following article is inserted:




  ‘Article 107a




  Application of a product specification to areas producing wine spirits




  Member States may apply a product specification within the meaning of Article 94(2) to areas producing wine suitable for producing wine spirits with a geographical indication as registered in accordance with Annex III to Regulation (EC) No 110/2008.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(15c)

(15c)

The following article is inserted:

‘Article 107a

Application of a product specification to areas producing wine spirits

Member States may apply a product specification within the meaning of Article 94(2) to areas producing wine suitable for producing wine spirits with a geographical indication as registered in accordance with Annex III to Regulation (EC) No 110/2008.’

Amendment 98

Amendment 98

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 17

Article 1 — paragraph 1 — point 17

Regulation (EU) No 1308/2013

Article 116a — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Within the Union, the competent authority referred to in paragraph 2 or one or more delegated bodies within the meaning of point (5) of Article 3 of Regulation (EU) 2017/625 operating as a product certification body in accordance with the criteria laid down in Chapter III of Title II of that Regulation, shall verify annual compliance with the product specification, during the wine production and during or after conditioning. | 3.   Within the Union, the competent authority referred to in paragraph 2 or one or more delegated bodies within the meaning of point (5) of Article 3 of Regulation (EU) 2017/625 operating as a product certification body in accordance with the criteria laid down in Chapter III of Title II of that Regulation, shall verify annual compliance with the product specification, during the wine production and during or after conditioning
  including in the Member State in which the production of the wine takes place
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Within the Union, the competent authority referred to in paragraph 2 or one or more delegated bodies within the meaning of point (5) of Article 3 of Regulation (EU) 2017/625 operating as a product certification body in accordance with the criteria laid down in Chapter III of Title II of that Regulation, shall verify annual compliance with the product specification, during the wine production and during or after conditioning.

3.   Within the Union, the competent authority referred to in paragraph 2 or one or more delegated bodies within the meaning of point (5) of Article 3 of Regulation (EU) 2017/625 operating as a product certification body in accordance with the criteria laid down in Chapter III of Title II of that Regulation, shall verify annual compliance with the product specification, during the wine production and during or after conditioning
  including in the Member State in which the production of the wine takes place
  .

Amendment 99

Amendment 99

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 17

Article 1 — paragraph 1 — point 17

Regulation (EU) No 1308/2013

Article 116a — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  The checks referred to in paragraph 3 shall consist of administrative and on-the-spot checks. Those checks may be limited to administrative controls only when they are secure and make it possible to ensure full compliance with the requirements and conditions laid down in the product specifications. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  The checks referred to in paragraph 3 shall consist of administrative and on-the-spot checks. Those checks may be limited to administrative controls only when they are secure and make it possible to ensure full compliance with the requirements and conditions laid down in the product specifications.

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 17

Article 1 — paragraph 1 — point 17

Regulation (EU) No 1308/2013

Article 116a — paragraph 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3b.
     
  To verify compliance with product specifications, the competent authorities or control bodies referred to in paragraph 3 may audit operators established in another Member State if they intervene in the conditioning of a product bearing a PDO registered on their territory. Taking into consideration the trust that they may place in operators and their products with regard to the results of previous verifications, the control bodies referred to in paragraph 3 may focus their actions on the main aspects to be verified in the product specifications previously defined and brought to the attention of those operators. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3b.
     
  To verify compliance with product specifications, the competent authorities or control bodies referred to in paragraph 3 may audit operators established in another Member State if they intervene in the conditioning of a product bearing a PDO registered on their territory. Taking into consideration the trust that they may place in operators and their products with regard to the results of previous verifications, the control bodies referred to in paragraph 3 may focus their actions on the main aspects to be verified in the product specifications previously defined and brought to the attention of those operators.

Amendment 101

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 18

Article 1 — paragraph 1 — point 18

Regulation (EU) No 1308/2013

Article 119 — paragraphs 1 and 4

| Text by the Commission | Amendment |
| --- | --- |
| (18) | Article 119 is amended as follows |

Text by the Commission

Text by the Commission

Amendment

Amendment

(18)

(18)

Article 119 is amended as follows

deleted

deleted

| | (a) | in paragraph 1, the introductory sentence is replaced by the following:




  ‘Labelling and presentation of the products referred to in points 1 to 11, 13, 15, 16, 18 and 19 of Part II of Annex VII marketed in the Union or for export shall contain the following compulsory particulars:’; |
| --- | --- | --- |

(a)

(a)

in paragraph 1, the introductory sentence is replaced by the following:

in paragraph 1, the introductory sentence is replaced by the following:

‘Labelling and presentation of the products referred to in points 1 to 11, 13, 15, 16, 18 and 19 of Part II of Annex VII marketed in the Union or for export shall contain the following compulsory particulars:’;

‘Labelling and presentation of the products referred to in points 1 to 11, 13, 15, 16, 18 and 19 of Part II of Annex VII marketed in the Union or for export shall contain the following compulsory particulars:’;

| | (b) | the following paragraph 4 is added:





  ‘4.
     
  Member States shall take measures to ensure that the products referred to in paragraph 1 which are not labelled in conformity with the provisions of this Regulation are not placed on the market, or are withdrawn from it if already placed on the market.’ |
| --- | --- | --- |

(b)

(b)

the following paragraph 4 is added:

the following paragraph 4 is added:

‘4.
     
  Member States shall take measures to ensure that the products referred to in paragraph 1 which are not labelled in conformity with the provisions of this Regulation are not placed on the market, or are withdrawn from it if already placed on the market.’

Amendment 102

Amendment 102

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 18 a (new)

Article 1 — paragraph 1 — point 18 a (new)

Regulation (EU) No 1308/2013

Article 119

| Present text | Amendment |
| --- | --- |
| | (18a) | Article 119 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(18a)

(18a)

Article 119 is replaced by the following:

Article 119

‘Article 119

Compulsory particulars

Compulsory particulars

1.   Labelling and presentation of the products referred to in points 1 to 11, 13, 15
  and 16
  of Part II of Annex VII marketed in the Union or for export shall contain the following compulsory particulars:

1.   Labelling and presentation of the products referred to in points 1 to 11, 13, 15
  , 16, 18 and 19
  of Part II of Annex VII marketed in the Union or for export shall contain the following compulsory particulars:

| (a) | the designation for the category of the grapevine product in accordance with Part II of Annex VII; |
| --- | --- |

(a)

the designation for the category of the grapevine product in accordance with Part II of Annex VII;

| (a) | the designation for the category of the grapevine product in accordance with Part II of Annex VII; |
| --- | --- |

(a)

the designation for the category of the grapevine product in accordance with Part II of Annex VII;

| (b) | for wines with a protected designation of origin or a protected geographical indication: |
| --- | --- |

(b)

for wines with a protected designation of origin or a protected geographical indication:

| (b) | for wines with a protected designation of origin or a protected geographical indication: |
| --- | --- |

(b)

for wines with a protected designation of origin or a protected geographical indication:

| | (i) | the term ‘protected designation of origin’ or ‘protected geographical indication’; and |
| --- | --- | --- |

(i)

the term ‘protected designation of origin’ or ‘protected geographical indication’; and

| | (i) | the term “protected designation of origin” or “protected geographical indication”; |
| --- | --- | --- |

(i)

the term “protected designation of origin” or “protected geographical indication”;

| | (ii) | the name of the protected designation of origin or the protected geographical indication; |
| --- | --- | --- |

(ii)

the name of the protected designation of origin or the protected geographical indication;

| | and (ii) the name of the protected designation of origin or the protected geographical indication; |
| --- | --- |

and (ii) the name of the protected designation of origin or the protected geographical indication;

| (c) | the actual alcoholic strength by volume; |
| --- | --- |

(c)

the actual alcoholic strength by volume;

| (c) | the actual alcoholic strength by volume; |
| --- | --- |

(c)

the actual alcoholic strength by volume;

| (d) | an indication of provenance; |
| --- | --- |

(d)

an indication of provenance;

| (d) | an indication of provenance; |
| --- | --- |

(d)

an indication of provenance;

| (e) | an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor; |
| --- | --- |

(e)

an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor;

| (e) | an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor; |
| --- | --- |

(e)

an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor;

| (f) | an indication of the importer in the case of imported wines;
  and |
| --- | --- |

(f)

an indication of the importer in the case of imported wines;
  and

and

| (f) | an indication of the importer in the case of imported wines; |
| --- | --- |

(f)

an indication of the importer in the case of imported wines;

| (g) | in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content. |
| --- | --- |

(g)

in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content.

| (g) | in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content; |
| --- | --- |

(g)

in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content;

| (ga) | the nutrition declaration, the content of which may be limited to the energy value only; and |
| --- | --- |

(ga)

(ga)

the nutrition declaration, the content of which may be limited to the energy value only; and

the nutrition declaration, the content of which may be limited to the energy value only; and

| (gb) | the list of ingredients
  . |
| --- | --- |

(gb)

(gb)

the list of ingredients
  .

the list of ingredients

2.   By way of derogation from point (a) of paragraph 1, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication.

2.   By way of derogation from point (a) of paragraph 1, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication.

3.   By way of derogation from point (b) of paragraph 1, the reference to the terms ‘protected designation of origin’ or ‘protected geographical indication’ may be omitted in the following cases:

3.   By way of derogation from point (b) of paragraph 1, the reference to the terms “protected designation of origin” or “protected geographical indication” may be omitted in the following cases:

| (a) | where a traditional term in accordance with point (a) of Article 112 is displayed on the label in accordance with the product specification referred to in Article 94(2); |
| --- | --- |

(a)

where a traditional term in accordance with point (a) of Article 112 is displayed on the label in accordance with the product specification referred to in Article 94(2);

| (a) | where a traditional term in accordance with point (a) of Article 112 is displayed on the label in accordance with the product specification referred to in Article 94(2); |
| --- | --- |

(a)

where a traditional term in accordance with point (a) of Article 112 is displayed on the label in accordance with the product specification referred to in Article 94(2);

| (b) | in exceptional and duly justified circumstances to be determined by the Commission by means of delegated acts adopted in accordance with Article 227 in order to ensure compliance with existing labelling practices. |
| --- | --- |

(b)

in exceptional and duly justified circumstances to be determined by the Commission by means of delegated acts adopted in accordance with Article 227 in order to ensure compliance with existing labelling practices.

| (b) | in exceptional and duly justified circumstances to be determined by the Commission by means of delegated acts adopted in accordance with Article 227 in order to ensure compliance with existing labelling practices. |
| --- | --- |

(b)

in exceptional and duly justified circumstances to be determined by the Commission by means of delegated acts adopted in accordance with Article 227 in order to ensure compliance with existing labelling practices.

3a.
     
  To ensure a uniform application of point (ga) of paragraph 1, the energy value shall be:

| (a) | expressed with numbers and words or symbols, and notably the symbol (E) for Energy; |
| --- | --- |

(a)

(a)

expressed with numbers and words or symbols, and notably the symbol (E) for Energy;

expressed with numbers and words or symbols, and notably the symbol (E) for Energy;

| (b) | calculated using the conversion factor listed in Annex XIV to Regulation (EU) No 1169/2011; |
| --- | --- |

(b)

(b)

calculated using the conversion factor listed in Annex XIV to Regulation (EU) No 1169/2011;

calculated using the conversion factor listed in Annex XIV to Regulation (EU) No 1169/2011;

| (c) | expressed in the form of average values in kcal based on:










  (i) | the producer’s analysis of the wine; or |
| --- | --- | --- |

(c)

(c)

expressed in the form of average values in kcal based on:

expressed in the form of average values in kcal based on:

(i)

(i)

the producer’s analysis of the wine; or

the producer’s analysis of the wine; or

| (ii) | a calculation from generally established and accepted data based on average values of typical and characteristic wines; |
| --- | --- |

(ii)

(ii)

a calculation from generally established and accepted data based on average values of typical and characteristic wines;

a calculation from generally established and accepted data based on average values of typical and characteristic wines;

| (d) | expressed per 100ml. In addition, it may be expressed per consumption unit, easily recognisable by the consumer, provided that the unit used is quantified on the label and that the number of units contained in the package is stated. |
| --- | --- |

(d)

(d)

expressed per 100ml. In addition, it may be expressed per consumption unit, easily recognisable by the consumer, provided that the unit used is quantified on the label and that the number of units contained in the package is stated.

expressed per 100ml. In addition, it may be expressed per consumption unit, easily recognisable by the consumer, provided that the unit used is quantified on the label and that the number of units contained in the package is stated.

3b.
     
  By way of derogation from point (gb) of paragraph 1, the list of ingredients may also be provided by other means than on the label affixed to the bottle or to any other type of container, provided that a clear and direct link is indicated on the label. It may not be displayed together with other information intended for sales or marketing purposes.

3c.
     
  Member States shall take measures to ensure that the products referred to in paragraph 1 which are not labelled in conformity with the provisions of this Regulation are not placed on the market, or are withdrawn from it if already placed on the market.

3d.
     
  Operators who voluntarily wish to communicate to consumers the calories for wine products from a marketing year beginning before the entry into force of this Regulation, shall apply Article 119 in its entirety.’

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 19 a (new)

Article 1 — paragraph 1 — point 19 a (new)

Regulation (EU) No 1308/2013

Article 120 — paragraph 1 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19a) | The following point is inserted:









  ‘(fa) | terms relating to the conservation of the genetic resources of the vine;’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(19a)

(19a)

The following point is inserted:

‘(fa)

‘(fa)

terms relating to the conservation of the genetic resources of the vine;’

terms relating to the conservation of the genetic resources of the vine;’

Amendment 104

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 20

Article 1 — paragraph 1 — point 20

Regulation (EU) No 1308/2013

Article 122 — paragraph 1 — points b, c and d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (20) | in Article 122, paragraph 1 is amended as follows: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(20)

(20)

in Article 122, paragraph 1 is amended as follows:

deleted

deleted

| | (a) | in point (b), point (ii) is deleted; |
| --- | --- | --- |

(a)

(a)

in point (b), point (ii) is deleted;

in point (b), point (ii) is deleted;

| | (b) | in point (c), the following point (iii) is added:










  ‘(iii) | terms referring to a holding and the conditions for their use.;’ |
| --- | --- | --- | --- |

(b)

(b)

in point (c), the following point (iii) is added:

in point (c), the following point (iii) is added:

‘(iii)

‘(iii)

terms referring to a holding and the conditions for their use.;’

terms referring to a holding and the conditions for their use.;’

| | (c) | in point (d), point (i) is replaced by the following:










  ‘(i) | the conditions of use of certain bottle shapes and of closures, and a list of certain specific bottle shapes;;’ |
| --- | --- | --- | --- |

(c)

(c)

in point (d), point (i) is replaced by the following:

in point (d), point (i) is replaced by the following:

‘(i)

‘(i)

the conditions of use of certain bottle shapes and of closures, and a list of certain specific bottle shapes;;’

the conditions of use of certain bottle shapes and of closures, and a list of certain specific bottle shapes;;’

Amendment 105

Amendment 105

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 20 a (new)

Article 1 — paragraph 1 — point 20 a (new)

Regulation (EU) No 1308/2013

Article 122

| Present text | Amendment |
| --- | --- |
| | (20a) | Article 122 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(20a)

(20a)

Article 122 is replaced by the following:

Article 122

‘Article 122

Delegated powers

Delegated powers

1.   In order to take into account the specific characteristics of the wine sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules and restrictions on:

1.   In order to take into account the specific characteristics of the wine sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules and restrictions on:

| (a) | the presentation and use of labelling particulars other than those provided for in this Section; |
| --- | --- |

(a)

the presentation and use of labelling particulars other than those provided for in this Section;

| (a) | the presentation and use of labelling particulars other than those provided for in this Section; |
| --- | --- |

(a)

the presentation and use of labelling particulars other than those provided for in this Section;

| (b) | compulsory particulars concerning: |
| --- | --- |

(b)

compulsory particulars concerning:

| (b) | compulsory particulars concerning: |
| --- | --- |

(b)

compulsory particulars concerning:

| | (i) | terms to be used to formulate the compulsory particulars and their conditions of use; |
| --- | --- | --- |

(i)

terms to be used to formulate the compulsory particulars and their conditions of use;

| | (i) | terms to be used to formulate the compulsory particulars and their conditions of use; |
| --- | --- | --- |

(i)

terms to be used to formulate the compulsory particulars and their conditions of use;

| | (ii) | terms referring to a holding and the conditions for their use; |
| --- | --- | --- |

(ii)

(ii)

terms referring to a holding and the conditions for their use;

terms referring to a holding and the conditions for their use;

| | (iii) | provisions allowing the producing Member States to establish additional rules relating to compulsory particulars; |
| --- | --- | --- |

(iii)

provisions allowing the producing Member States to establish additional rules relating to compulsory particulars;

| | (iii) | provisions allowing the producing Member States to establish additional rules relating to compulsory particulars; |
| --- | --- | --- |

(iii)

provisions allowing the producing Member States to establish additional rules relating to compulsory particulars;

| | (iv) | provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product;
  and |
| --- | --- | --- |

(iv)

provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product;
  and

and

| | (iv) | provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product; |
| --- | --- | --- |

(iv)

provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product;

| | (v) | provisions on the use of languages; |
| --- | --- | --- |

(v)

provisions on the use of languages;

| | (v) | provisions on the use of languages
  ; and |
| --- | --- | --- |

(v)

provisions on the use of languages
  ; and

; and

| | (va) | the provisions relating to point (gb) of Article 119(1)
  ; |
| --- | --- | --- |

(va)

(va)

the provisions relating to point (gb) of Article 119(1)
  ;

the provisions relating to point (gb) of Article 119(1)

| (c) | optional particulars concerning: |
| --- | --- |

(c)

optional particulars concerning:

| (c) | optional particulars concerning: |
| --- | --- |

(c)

optional particulars concerning:

| | (i) | terms to be used to formulate the optional particulars and their conditions of use; |
| --- | --- | --- |

(i)

terms to be used to formulate the optional particulars and their conditions of use;

| | (i) | terms to be used to formulate the optional particulars and their conditions of use; |
| --- | --- | --- |

(i)

terms to be used to formulate the optional particulars and their conditions of use;

| | (ii) | provisions allowing the producing Member States to establish additional rules relating to optional particulars; |
| --- | --- | --- |

(ii)

provisions allowing the producing Member States to establish additional rules relating to optional particulars;

| | (ii) | provisions allowing the producing Member States to establish additional rules relating to optional particulars; |
| --- | --- | --- |

(ii)

provisions allowing the producing Member States to establish additional rules relating to optional particulars;

| | (iia) | terms referring to a holding and the conditions for their use; |
| --- | --- | --- |

(iia)

(iia)

terms referring to a holding and the conditions for their use;

terms referring to a holding and the conditions for their use;

| (d) | the presentation concerning: |
| --- | --- |

(d)

the presentation concerning:

| (d) | the presentation concerning: |
| --- | --- |

(d)

the presentation concerning:

| | (i) | the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes; |
| --- | --- | --- |

(i)

the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes;

| | (i) | the conditions of use of certain bottle shapes
  and of closures
  , and a list of certain specific bottle shapes; |
| --- | --- | --- |

(i)

the conditions of use of certain bottle shapes
  and of closures
  , and a list of certain specific bottle shapes;

and of closures

| | (ii) | the conditions of use of ‘sparkling wine’-type bottles and closures; |
| --- | --- | --- |

(ii)

the conditions of use of ‘sparkling wine’-type bottles and closures;

| | (ii) | the conditions of use of “sparkling wine”-type bottles and closures; |
| --- | --- | --- |

(ii)

the conditions of use of “sparkling wine”-type bottles and closures;

| | (iii) | provisions allowing the producing Member States to establish additional rules relating to presentation; |
| --- | --- | --- |

(iii)

provisions allowing the producing Member States to establish additional rules relating to presentation;

| | (iii) | provisions allowing the producing Member States to establish additional rules relating to presentation; |
| --- | --- | --- |

(iii)

provisions allowing the producing Member States to establish additional rules relating to presentation;

| | (iv) | provisions on the use of languages. |
| --- | --- | --- |

(iv)

provisions on the use of languages.

| | (iv) | provisions on the use of languages. |
| --- | --- | --- |

(iv)

provisions on the use of languages.

The Commission shall adopt the delegated acts referred to in point (b)(va) no later than 18 months after ... [the date of entry into force of this (amending) Regulation]
  .

The Commission shall adopt the delegated acts referred to in point (b)(va) no later than 18 months after ... [the date of entry into force of this (amending) Regulation]

2.   In order to ensure the protection of the legitimate interests of operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, where that designation of origin or geographical indication fulfils the necessary requirements.

2.   In order to ensure the protection of the legitimate interests of operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, where that designation of origin or geographical indication fulfils the necessary requirements.

3.   In order to ensure that economic operators are not prejudiced, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning transitional provisions as regards wine placed on the market and labelled in accordance with the relevant rules applying before 1 August 2009.

3.   In order to ensure that economic operators are not prejudiced, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning transitional provisions as regards wine placed on the market and labelled in accordance with the relevant rules applying before 1 August 2009.

4.   In order to take account of the specific characteristics in trade between the Union and certain third countries, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning derogations from this Section as regards products to be exported where required by the law of the third country concerned.

4.   In order to take account of the specific characteristics in trade between the Union and certain third countries, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning derogations from this Section as regards products to be exported where required by the law of the third country concerned.’

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 21 — point b a (new)

Article 1 — paragraph 1 — point 21 — point b a (new)

Regulation (EU) No 1308/2013

Article 125 — title

| Present text | Amendment |
| --- | --- |
| | (ba) | In Article 125, the title is replaced by the following: |

Present text

Present text

Amendment

Amendment

(ba)

(ba)

In Article 125, the title is replaced by the following:

In Article 125, the title is replaced by the following:

Sugar sector agreements

‘Sugar
  beet and sugar cane
  sector agreements’

Amendment 107

Amendment 107

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 21 — point b b (new)

Article 1 — paragraph 1 — point 21 — point b b (new)

Regulation (EU) No 1308/2013

Article 126 — title

| Present text | Amendment |
| --- | --- |
| | (bb) | in Article 126, the title is replaced by the following: |

Present text

Present text

Amendment

Amendment

(bb)

(bb)

in Article 126, the title is replaced by the following:

in Article 126, the title is replaced by the following:

Price reporting in the
  sugar market

sugar market

‘Price reporting in the
  markets’

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 21 — point b c (new)

Article 1 — paragraph 1 — point 21 — point b c (new)

Regulation (EU) No 1308/2013

Article 126 — paragraph 1

| Present text | Amendment |
| --- | --- |
| | (bc) | in Article 126, the first paragraph is replaced by the following: |

Present text

Present text

Amendment

Amendment

(bc)

(bc)

in Article 126, the first paragraph is replaced by the following:

in Article 126, the first paragraph is replaced by the following:

The Commission may adopt implementing acts establishing a system for reporting
  sugar
  market prices, including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2). The system referred to in the first subparagraph shall be based on information submitted by undertakings producing
  white
  sugar or by other operators involved in the sugar trade. This information shall be treated as confidential.

sugar

white

‘The Commission may adopt implementing acts establishing a system for reporting market prices
  for the sugar beet and cane sugar market on the one hand, and for the sugar and ethanol market on the other,
  including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2). The system referred to in the first subparagraph shall be based on information submitted by undertakings producing sugar
  or ethanol
  or by other operators involved in the sugar
  or ethanol
  trade. This information shall be treated as confidential.’

Amendment 269

Amendment 269

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 a (new)

Article 1 — paragraph 1 — point 22 a (new)

Regulation (EU) No 1308/2013

Article 148

| Present text | Amendment |
| --- | --- |
| | (22a) | Article 148 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22a)

(22a)

Article 148 is replaced by the following:

Article 148

‘Article 148

Contractual relations in the milk and milk products sector

Contractual relations in the milk and milk products sector

1.   Where a Member State decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such contract and/or such offer for a contract shall fulfil the conditions laid down in paragraph 2.

1.   Where a Member State decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such contract and/or such offer for a contract shall fulfil the conditions laid down in paragraph 2.

Where a Member State decides that deliveries of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if the delivery of raw milk is made through one or more collectors.

Where a Member State decides that deliveries of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if the delivery of raw milk is made through one or more collectors.

For the purposes of this Article, a ‘collector’ means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

For the purposes of this Article, a “collector” means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

1a.   Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation, or an association of producer organisations may require that any delivery in raw milk to a processor of raw milk be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in the first subparagraph of paragraph 4 of this Article.

1a.   Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation, or an association of producer organisations may require that any delivery in raw milk to a processor of raw milk be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in the first subparagraph of paragraph 4 of this Article.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.

2.   The contract and/or the offer for a contract referred to in paragraphs 1 and 1a shall:

2.   The contract and/or the offer for a contract referred to in paragraphs 1 and 1a shall:

| (a) | be made in advance of the delivery, |
| --- | --- |

(a)

be made in advance of the delivery,

| (a) | be made in advance of the delivery, |
| --- | --- |

(a)

be made in advance of the delivery,

| (b) | be made in writing, and |
| --- | --- |

(b)

be made in writing, and

| (b) | be made in writing, and |
| --- | --- |

(b)

be made in writing, and

| (c) | include, in particular, the following elements: |
| --- | --- |

(c)

include, in particular, the following elements:

| (c) | include, in particular, the following elements: |
| --- | --- |

(c)

include, in particular, the following elements:

| | (i) | the price payable for the delivery, which shall: |
| --- | --- | --- |

(i)

the price payable for the delivery, which shall:

| | (i) | the price payable for the delivery, which shall: |
| --- | --- | --- |

(i)

the price payable for the delivery, which shall:

| | | — | be static and be set out in the contract and/or |
| --- | --- | --- | --- |

—

be static and be set out in the contract and/or

| | | — | be static and be set out in the contract and/or |
| --- | --- | --- | --- |

—

be static and be set out in the contract and/or

| | | — | be calculated by combining various factors set out in the contract, which
  may include market indicators reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered
  , |
| --- | --- | --- | --- |

—

be calculated by combining various factors set out in the contract, which
  may include market indicators reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered
  ,

may include market indicators reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered

| | | — | be calculated by combining various factors set out in the contract, which
  shall
  include
  relevant and easily comprehensible indicators and economic indices and the method of calculation of the final price, based on and referencing relevant production and market costs that are easily accessible and comprehensible reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered |
| --- | --- | --- | --- |

—

be calculated by combining various factors set out in the contract, which
  shall
  include
  relevant and easily comprehensible indicators and economic indices and the method of calculation of the final price, based on and referencing relevant production and market costs that are easily accessible and comprehensible reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered

shall

relevant and easily comprehensible indicators and economic indices and the method of calculation of the final price, based on and referencing relevant production and market costs that are easily accessible and comprehensible reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered

| | | To that effect, Member States having decided to apply paragraph 1 may determine indicators, in accordance with objective criteria and based on studies carried out on production and the food chain, in order to determine these at any time, |
| --- | --- | --- |

To that effect, Member States having decided to apply paragraph 1 may determine indicators, in accordance with objective criteria and based on studies carried out on production and the food chain, in order to determine these at any time,

To that effect, Member States having decided to apply paragraph 1 may determine indicators, in accordance with objective criteria and based on studies carried out on production and the food chain, in order to determine these at any time,

| | (ii) | the volume of raw milk which may
  and
  /or must be delivered and the timing of such deliveries, |
| --- | --- | --- |

(ii)

the volume of raw milk which may
  and
  /or must be delivered and the timing of such deliveries,

and

| | (ii) | the volume of raw milk which may /or must be delivered and the timing of such deliveries
  . It shall not be possible to lay down penalty clauses for monthly breaches, |
| --- | --- | --- |

(ii)

the volume of raw milk which may /or must be delivered and the timing of such deliveries
  . It shall not be possible to lay down penalty clauses for monthly breaches,

. It shall not be possible to lay down penalty clauses for monthly breaches,

| | (iii) | the duration of the contract, which may include either a definite or an indefinite duration with termination clauses, |
| --- | --- | --- |

(iii)

the duration of the contract, which may include either a definite or an indefinite duration with termination clauses,

| (iv) | details regarding payment periods and procedures, |
| --- | --- |

(iv)

details regarding payment periods and procedures,

| | (iii) | the duration of the contract, which may include either a definite or an indefinite duration with termination clauses, |
| --- | --- | --- |

(iii)

the duration of the contract, which may include either a definite or an indefinite duration with termination clauses,

| (iv) | details regarding payment periods and procedures, |
| --- | --- |

(iv)

details regarding payment periods and procedures,

| | (v) | arrangements for collecting or delivering raw milk, and |
| --- | --- | --- |

(v)

arrangements for collecting or delivering raw milk, and

| | (v) | arrangements for collecting or delivering raw milk, and |
| --- | --- | --- |

(v)

arrangements for collecting or delivering raw milk, and

| | (vi) | rules applicable in the event of force majeure. |
| --- | --- | --- |

(vi)

rules applicable in the event of force majeure.

| | (vi) | rules applicable in the event of force majeure. |
| --- | --- | --- |

(vi)

rules applicable in the event of force majeure.

3.   By way of derogation from paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.

3.   By way of derogation from paragraphs 1 and1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.

4.   All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including the elements referred to in point (c) of paragraph 2, shall be freely negotiated between the parties.

4.   All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including the elements referred to in point (c) of paragraph 2, shall be freely negotiated between the parties.

Notwithstanding the first subparagraph, one or more of the following shall apply:

Notwithstanding the first subparagraph, one or more of the following shall apply:

| (a) | where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish: |
| --- | --- |

(a)

where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish:

| (a) | where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish: |
| --- | --- |

(a)

where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish:

| | (i) | an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable for that delivery; |
| --- | --- | --- |

(i)

an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable for that delivery;

| | (i) | an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable forthat delivery; |
| --- | --- | --- |

(i)

an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable forthat delivery;

| | (ii) | a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market; |
| --- | --- | --- |

(ii)

a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market;

| | (ii) | a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market; |
| --- | --- | --- |

(ii)

a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market;

| (b) | where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market. |
| --- | --- |

(b)

where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market.

| (b) | where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market. |
| --- | --- |

(b)

where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market.

The second subparagraph shall be without prejudice to the farmer's right to refuse such a minimum duration provided that he does so in writing. In such a case, the parties shall be free to negotiate all elements of the contract, including the elements referred to in point (c) of paragraph 2.

The second subparagraph shall be without prejudice to the farmer's right to refuse such a minimum duration provided that he does so in writing. In such a case, the parties shall be free to negotiate all elements of the contract, including the elements referred to in point (c) of paragraph 2.

5.   The Member States which make use of the options referred to in this Article shall notify the Commission of how they are applied.

5.   The Member States which make use of the options referred to in this Article shall notify the Commission of how they are applied.

6.   The Commission may adopt implementing acts laying down measures necessary for the uniform application of points (a) and (b) of paragraph 2 and paragraph 3 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

6.   The Commission may adopt implementing acts laying down measures necessary for the uniform application of points (a) and (b) of paragraph 2 and paragraph 3 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 b (new)

Article 1 — paragraph 1 — point 22 b (new)

Regulation (EU) No 1308/2013

Article 149

| Present text | Amendment |
| --- | --- |
| | (22b) | Article 149 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22b)

(22b)

Article 149 is replaced by the following:

Article 149

‘Article 149

Contractual negotiations in the milk and milk products sector

Contractual negotiations in the milk and milk products sector

1.   A producer organisation in the milk and milk products sector which is recognised under Article 161(1) may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the third subparagraph of Article 148(1).

1.   A producer organisation in the milk and milk products sector which is recognised under Article 161(1) may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the third subparagraph of Article 148(1).

2.   The negotiations by the producer organisation may take place:

2.   The negotiations by the producer organisation may take place:

| (a) | whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation; |
| --- | --- |

(a)

whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation;

| (a) | whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation; |
| --- | --- |

(a)

whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation;

| (b) | whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members; |
| --- | --- |

(b)

whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members;

| (b) | whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members; |
| --- | --- |

(b)

whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members;

| (c) | provided that, for a particular producer organisation, all of the following conditions are fulfilled: |
| --- | --- |

(c)

provided that, for a particular producer organisation, all of the following conditions are fulfilled:

| (c) | provided that, for a particular producer organisation, all of the following conditions are fulfilled: |
| --- | --- |

(c)

provided that, for a particular producer organisation, all of the following conditions are fulfilled:

| | (i) | the volume of raw milk covered by such negotiations does not exceed
  3,5  %
  of total Union production, |
| --- | --- | --- |

(i)

the volume of raw milk covered by such negotiations does not exceed
  3,5  %
  of total Union production,

3,5  %

| | (i) | the volume of raw milk covered by such negotiations does not exceed
  4,5  %
  of total Union production, |
| --- | --- | --- |

(i)

the volume of raw milk covered by such negotiations does not exceed
  4,5  %
  of total Union production,

4,5  %

| | (ii) | the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 % of the total national production of that Member State, and |
| --- | --- | --- |

(ii)

the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 % of the total national production of that Member State, and

| | (ii) | the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 % of the total national production of that Member State, and |
| --- | --- | --- |

(ii)

the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 % of the total national production of that Member State, and

| | (iii) | the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 33 % of the total national production of that Member State; |
| --- | --- | --- |

(iii)

the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 33 % of the total national production of that Member State;

| | (iii) | the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 33 % of the total national production of that Member State; |
| --- | --- | --- |

(iii)

the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 33 % of the total national production of that Member State;

| (d) | provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas; |
| --- | --- |

(d)

provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas;

| (d) | provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas; |
| --- | --- |

(d)

provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas;

| (e) | provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and |
| --- | --- |

(e)

provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and

| (e) | provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and |
| --- | --- |

(e)

provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and

| (f) | provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume of raw milk covered by such negotiations. |
| --- | --- |

(f)

provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume of raw milk covered by such negotiations.

| (f) | provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume of raw milk covered by such negotiations. |
| --- | --- |

(f)

provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume of raw milk covered by such negotiations.

3.   Notwithstanding the conditions set out in of point (c)(ii) and (iii) of paragraph 2, a producer organisation may negotiate pursuant to paragraph 1 provided that, with regard to that producer organisation, the volume of raw milk covered by the negotiations which is produced in or delivered in a Member State having a total annual raw milk production of less than 500 000 tonnes does not exceed 45 % of the total national production of that Member State.

3.   Notwithstanding the conditions set out in of point (c)(ii) and (iii) of paragraph 2, a producer organisation may negotiate pursuant to paragraph 1 provided that, with regard to that producer organisation, the volume of raw milk covered by the negotiations which is produced in or delivered in a Member State having a total annual raw milk production of less than 500 000 tonnes does not exceed 45 % of the total national production of that Member State.

4.   For the purposes of this Article, references to producer organisations include associations of such producer organisations.

4.   For the purposes of this Article, references to producer organisations include associations of such producer organisations.

5.   For the purposes of applying point (c) of paragraph 2 and paragraph 3, the Commission shall publish, by such means as it considers appropriate, the amounts of raw milk production in the Union and the Member States using the most up-to-date information available.

5.   For the purposes of applying point (c) of paragraph 2 and paragraph 3, the Commission shall publish, by such means as it considers appropriate, the amounts of raw milk production in the Union and the Member States using the most up-to-date information available.

6.   By way of derogation from point (c) of paragraph 2 and paragraph 3, even where the thresholds set out therein are not exceeded, the competition authority referred to in the second subparagraph of this paragraph may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition from being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory.

6.   By way of derogation from point (c) of paragraph 2 and paragraph 3, even where the thresholds set out therein are not exceeded, the competition authority referred to in the second subparagraph of this paragraph may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition from being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory.

For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate.

For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

7.   For the purposes of this Article:

7.   For the purposes of this Article:

| (a) | a ‘national competition authority’ means the authority referred to in Article 5 of Council Regulation (EC) No 1/2003 (22) |
| --- | --- |

(a)

a ‘national competition authority’ means the authority referred to in Article 5 of Council Regulation (EC) No 1/2003 (22)

22

| (a) | a “national competition authority” means the authority referred to in Article 5 of Council Regulation (EC) No 1/2003 (22) |
| --- | --- |

(a)

a “national competition authority” means the authority referred to in Article 5 of Council Regulation (EC) No 1/2003 (22)

22

| (b) | a ‘SME’ means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC. |
| --- | --- |

(b)

a ‘SME’ means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC.

| (b) | a ‘SME’ means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC. |
| --- | --- |

(b)

a ‘SME’ means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC.

8.   The Member States in which negotiations take place in accordance with this Article shall notify the Commission of the application of point (f) of paragraph 2 and of paragraph 6.

8.   The Member States in which negotiations take place in accordance with this Article shall notify the Commission of the application of point (f) of paragraph 2 and of paragraph 6.

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 c (new)

Article 1 — paragraph 1 — point 22 c (new)

Regulation (EU) No 1308/2013

Article 150

| Present text | Amendment |
| --- | --- |
| | (22c) | Article 150 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22c)

(22c)

Article 150 is replaced by the following:

Article 150

‘Article 150

Regulation of supply for cheese with a protected designation of origin or protected geographical indication

Regulation of supply for cheese with a protected designation of origin or protected geographical indication

1.   Upon the request of a producer organisation recognised under Article
  152(3)
  , an interbranch organisation recognised under Article
  157(3)
  or a group of operators referred to in Article 3(2) of Regulation (EU) No 1151/2012, Member States may lay down, for a limited period of time, binding rules for the regulation of the supply of cheese benefiting from a protected designation of origin or from a protected geographical indication under Article 5(1) and (2) of Regulation (EU) No 1151/2012.

1.   Upon the request of a producer organisation recognised under Article
  152(1)or Article 161(1)
  , an interbranch organisation recognised under Article
  157(1)
  or a group of operators referred to in Article 3(2) of Regulation (EU) No 1151/2012, Member States may lay down, for a limited period of time, binding rules for the regulation of the supply of cheese benefiting from a protected designation of origin or from a protected geographical indication under Article 5(1) and (2) of Regulation (EU) No 1151/2012.

2.   The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement between the parties in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012. Such an agreement shall be concluded between at least two-thirds of the milk producers or their representatives representing at least two thirds of the raw milk used for the production of the cheese referred to in paragraph 1 of this Article and, where relevant, at least two-thirds of the producers of that cheese
  representing
  at least two thirds of the production of that cheese in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012.

2.   The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement between the parties in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012. Such an agreement shall be concluded between at least two-thirds of the milk producers or their representatives representing at least two thirds of the raw milk used for the production of the cheese referred to in paragraph 1 of this Article and, where relevant, at least two-thirds of the producers of that cheese
  or their representatives, accounting for
  at least two thirds of the production of that cheese in the geographical area referred to in point(c) of Article 7(1) of Regulation (EU) No 1151/2012.

3.   For the purpose of paragraph 1, concerning cheese benefiting from a protected geographical indication, the geographical area of origin of the raw milk, as set in the product specification for the cheese, shall be the same as the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012 relating to that cheese.

3.   For the purpose of paragraph 1, concerning cheese benefiting from a protected geographical indication, the geographical area of origin of the raw milk, as set in the product specification for the cheese, shall be the same as the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012 relating to that cheese.

4.   The rules referred to in paragraph 1:

4.   The rules referred to in paragraph 1:

| (a) | shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of that cheese to demand; |
| --- | --- |

(a)

shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of that cheese to demand;

| (a) | shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of that cheese to demand; |
| --- | --- |

(a)

shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of that cheese to demand;

| (b) | shall have effect only on the product concerned; |
| --- | --- |

(b)

shall have effect only on the product concerned;

| (b) | shall have effect only on the product concerned; |
| --- | --- |

(b)

shall have effect only on the product concerned;

| (c) | may be made binding for no more than
  three
  years and may be renewed after this period, following a new request, as referred to in paragraph 1; |
| --- | --- |

(c)

may be made binding for no more than
  three
  years and may be renewed after this period, following a new request, as referred to in paragraph 1;

three

| (c) | may be made binding for no more than
  five
  years and may be renewed after this period, following a new request, as referred to in paragraph 1; |
| --- | --- |

(c)

may be made binding for no more than
  five
  years and may be renewed after this period, following a new request, as referred to in paragraph 1;

five

| (d) | shall not damage the trade in products other than those concerned by those rules; |
| --- | --- |

(d)

shall not damage the trade in products other than those concerned by those rules;

| (d) | shall not damage the trade in products other than those concerned by those rules; |
| --- | --- |

(d)

shall not damage the trade in products other than those concerned by those rules;

| (e) | shall not relate to any transaction after the first marketing of the cheese concerned; |
| --- | --- |

(e)

shall not relate to any transaction after the first marketing of the cheese concerned;

| (e) | shall not relate to any transaction after the first marketing of the cheese concerned; |
| --- | --- |

(e)

shall not relate to any transaction after the first marketing of the cheese concerned;

| (f) | shall not allow for price fixing, including where prices are set for guidance or recommendation; |
| --- | --- |

(f)

shall not allow for price fixing, including where prices are set for guidance or recommendation;

| (f) | shall not allow for price fixing, including where prices are set for guidance or recommendation; |
| --- | --- |

(f)

shall not allow for price fixing, including where prices are set for guidance or recommendation;

| (g) | shall not render unavailable an excessive proportion of the product concerned that would otherwise be available; |
| --- | --- |

(g)

shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;

| (g) | shall not render unavailable an excessive proportion of the product concerned that would otherwise be available; |
| --- | --- |

(g)

shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;

| (h) | shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected; |
| --- | --- |

(h)

shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;

| (h) | shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected; |
| --- | --- |

(h)

shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;

| (i) | shall contribute to maintaining the quality and/or the development of the product concerned; |
| --- | --- |

(i)

shall contribute to maintaining the quality and/or the development of the product concerned;

| (i) | shall contribute to maintaining the quality and/or the development of the product concerned; |
| --- | --- |

(i)

shall contribute to maintaining the quality and/or the development of the product concerned;

| (j) | shall be without prejudice to Article 149. |
| --- | --- |

(j)

shall be without prejudice to Article 149.

| (j) | shall be without prejudice to Article 149. |
| --- | --- |

(j)

shall be without prejudice to Article 149.

5.   The rules referred to in paragraph 1 shall be published in an official publication of the Member State concerned.

5.   The rules referred to in paragraph 1 shall be published in an official publication of the Member State concerned.

6.   Member States shall carry out checks in order to ensure that the conditions laid down in paragraph 4 are complied with, and, where it has been found by the competent national authorities that such conditions have not been complied with, shall repeal the rules referred to in paragraph 1.

6.   Member States shall carry out checks in order to ensure that the conditions laid down in paragraph 4 are complied with, and, where it has been found by the competent national authorities that such conditions have not been complied with, shall repeal the rules referred to in paragraph 1.

7.   Member States shall notify the Commission forthwith of the rules referred to in paragraph 1 which they have adopted. The Commission shall inform other Member States of any notification of such rules.

7.   Member States shall notify the Commission forthwith of the rules referred to in paragraph 1 which they have adopted. The Commission shall inform other Member States of any notification of such rules.

8.   The Commission may at any time adopt implementing acts requiring that a Member State repeal the rules laid down by that Member State pursuant to paragraph 1 if the Commission finds that those rules do not comply with the conditions laid down in paragraph 4, prevent or distort competition in a substantial part of the internal market or jeopardise free trade or the attainment of the objectives of Article 39 TFEU. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3) of this Regulation.

8.   The Commission may at any time adopt implementing acts requiring that a Member State repeal the rules laid down by that Member State pursuant to paragraph 1 if the Commission finds that those rules do not comply with the conditions laid down in paragraph 4, prevent or distort competition in a substantial part of the internal market or jeopardise free trade or the attainment of the objectives of Article 39 TFEU. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3) of this Regulation.’

Amendment 112

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 d (new)

Article 1 — paragraph 1 — point 22 d (new)

Regulation (EU) No 1308/2013

Article 151

| Present text | Amendment |
| --- | --- |
| | (22d) | Article 151 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22d)

(22d)

Article 151 is replaced by the following:

Article 151

‘Article 151

Compulsory declarations in the milk and milk products sector

Compulsory declarations in the milk and milk products sector

From 1 April 2015, the first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month.

From 1 April 2015, the first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month
  and the average price paid. A distinction shall be made between organic and non-organic agricultural products. If the first purchaser is a cooperative, the average price shall be communicated at the end of the marketing year referred to in point (c)(v) of Article 6.

and the average price paid. A distinction shall be made between organic and non-organic agricultural products. If the first purchaser is a cooperative, the average price shall be communicated at the end of the marketing year referred to in point (c)(v) of Article 6.

The information on the average price shall be deemed confidential and the competent authority shall ensure that specific average prices or names of individual economic operators are not published
  .

The information on the average price shall be deemed confidential and the competent authority shall ensure that specific average prices or names of individual economic operators are not published

For the purposes of this Article and Article 148, a ‘first purchaser’ means an undertaking or group which buys milk from producers in order to:

For the purposes of this Article and Article 148, a “first purchaser” means an undertaking or group which buys milk from producers in order to:

| (a) | subject it to collecting, packing, storing, chilling or processing, including under a contract; |
| --- | --- |

(a)

subject it to collecting, packing, storing, chilling or processing, including under a contract;

| (a) | subject it to collecting, packing, storing, chilling or processing, including under a contract; |
| --- | --- |

(a)

subject it to collecting, packing, storing, chilling or processing, including under a contract;

| (b) | sell it to one or more undertakings treating or processing milk or other milk products. |
| --- | --- |

(b)

sell it to one or more undertakings treating or processing milk or other milk products.

| (b) | sell it to one or more undertakings treating or processing milk or other milk products. |
| --- | --- |

(b)

sell it to one or more undertakings treating or processing milk or other milk products.

Member States shall notify the Commission of the quantity of raw milk referred to in the first subparagraph.

Member States shall notify the Commission of the quantity of raw milk
  and the average price
  referred to in the first subparagraph.

and the average price

The Commission may adopt implementing acts laying down rules on the content, format and timing of such declarations and measures relating to the notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

The Commission may adopt implementing acts laying down rules on the content, format and timing of such declarations and measures relating to the notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 e (new)

Article 1 — paragraph 1 — point 22 e (new)

Regulation (EU) No 1308/2013

Article 152

| Present text | Amendment |
| --- | --- |
| | (22e) | Article 152 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22e)

(22e)

Article 152 is replaced by the following:

Article 152

‘Article 152

Producer organisations

Producer organisations

1.   Member States may, on request, recognise producer organisations, which:

1.   Member States may, on request, recognise producer organisations, which:

| (a) | are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2); |
| --- | --- |

(a)

are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2);

| (a) | are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2); |
| --- | --- |

(a)

are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2);

| (b) | are formed on the initiative of the producers and which carry out at least one of the following activities: |
| --- | --- |

(b)

are formed on the initiative of the producers and which carry out at least one of the following activities:

| (b) | are formed on the initiative of the producers and which carry out at least one of the following activities: |
| --- | --- |

(b)

are formed on the initiative of the producers and which carry out at least one of the following activities:

| | (i) | joint processing; |
| --- | --- | --- |

(i)

joint processing;

| | (i) | joint processing; |
| --- | --- | --- |

(i)

joint processing;

| | (ii) | joint distribution, including by joint selling platforms or joint transportation; |
| --- | --- | --- |

(ii)

joint distribution, including by joint selling platforms or joint transportation;

| | (ii) | joint distribution, including by joint selling platforms or joint transportation; |
| --- | --- | --- |

(ii)

joint distribution, including by joint selling platforms or joint transportation;

| | (iii) | joint packaging, labelling or promotion; |
| --- | --- | --- |

(iii)

joint packaging, labelling or promotion;

| | (iii) | joint packaging, labelling or promotion; |
| --- | --- | --- |

(iii)

joint packaging, labelling or promotion;

| | (iv) | joint organising of quality control; |
| --- | --- | --- |

(iv)

joint organising of quality control;

| | (iv) | joint organising of quality control; |
| --- | --- | --- |

(iv)

joint organising of quality control;

| | (v) | joint use of equipment or storage facilities; |
| --- | --- | --- |

(v)

joint use of equipment or storage facilities;

| | (v) | joint use of equipment or storage facilities; |
| --- | --- | --- |

(v)

joint use of equipment or storage facilities;

| | (vi) | joint management of waste directly related to the production; |
| --- | --- | --- |

(vi)

joint management of waste directly related to the production;

| | (vi) | joint management of waste directly related to the production; |
| --- | --- | --- |

(vi)

joint management of waste directly related to the production;

| | (vii) | joint procurement of inputs; |
| --- | --- | --- |

(vii)

joint procurement of inputs;

| | (vii) | joint procurement of inputs; |
| --- | --- | --- |

(vii)

joint procurement of inputs;

| | (viii) | any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph; |
| --- | --- | --- |

(viii)

any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph;

| | (viii) | any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph; |
| --- | --- | --- |

(viii)

any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph;

| (c) | pursue a specific aim which may include at least one of the following objectives: |
| --- | --- |

(c)

pursue a specific aim which may include at least one of the following objectives:

| (c) | pursue a specific aim which may include at least one of the following objectives: |
| --- | --- |

(c)

pursue a specific aim which may include at least one of the following objectives:

| | (i) | ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity; |
| --- | --- | --- |

(i)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

| | (i) | ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity; |
| --- | --- | --- |

(i)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

| | (ii) | concentration of supply and the placing on the market of the products produced by its members, including through direct marketing; |
| --- | --- | --- |

(ii)

concentration of supply and the placing on the market of the products produced by its members, including through direct marketing;

| | (ii) | concentration of supply and the placing on the market of the products produced by its members, including through direct marketing; |
| --- | --- | --- |

(ii)

concentration of supply and the placing on the market of the products produced by its members, including through direct marketing;

| | (iii) | optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices; |
| --- | --- | --- |

(iii)

optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices;

| | (iii) | optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices; |
| --- | --- | --- |

(iii)

optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices;

| | (iv) | carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments; |
| --- | --- | --- |

(iv)

carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments;

| | (iv) | carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments; |
| --- | --- | --- |

(iv)

carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments;

| | (v) | promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques; |
| --- | --- | --- |

(v)

promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques;

| | (v) | promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques; |
| --- | --- | --- |

(v)

promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques;

| | (vi) | promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label; |
| --- | --- | --- |

(vi)

promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label;

| | (vi) | promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label; |
| --- | --- | --- |

(vi)

promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label;

| | (vii) | the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity; |
| --- | --- | --- |

(vii)

the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity;

| | (vii) | the management
  and valorisation
  of by-products
  , residual flows
  and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity
  and boosting circularity
  ; |
| --- | --- | --- |

(vii)

the management
  and valorisation
  of by-products
  , residual flows
  and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity
  and boosting circularity
  ;

and valorisation

, residual flows

and boosting circularity

| | (viii) | contributing to a sustainable use of natural resources and to climate change mitigation; |
| --- | --- | --- |

(viii)

contributing to a sustainable use of natural resources and to climate change mitigation;

| | (viii) | contributing to a sustainable use of natural resources and to climate change mitigation; |
| --- | --- | --- |

(viii)

contributing to a sustainable use of natural resources and to climate change mitigation;

| | (ix) | developing initiatives in the area of promotion and marketing; |
| --- | --- | --- |

(ix)

developing initiatives in the area of promotion and marketing;

| | (ix) | developing initiatives in the area of promotion and marketing; |
| --- | --- | --- |

(ix)

developing initiatives in the area of promotion and marketing;

| | (x) | managing of the mutual funds
  referred to in operational programmes in the fruit and vegetables sector referred to in point (d) of Article 33(3) of this Regulation and under Article 36 of Regulation (EU) No 1305/2013; |
| --- | --- | --- |

(x)

managing of the mutual funds
  referred to in operational programmes in the fruit and vegetables sector referred to in point (d) of Article 33(3) of this Regulation and under Article 36 of Regulation (EU) No 1305/2013;

referred to in operational programmes in the fruit and vegetables sector referred to in point (d) of Article 33(3) of this Regulation and under Article 36 of Regulation (EU) No 1305/2013;

| | (x) | managing of the mutual funds; |
| --- | --- | --- |

(x)

managing of the mutual funds;

| | (xi) | providing the necessary technical assistance for the use of the futures markets and of insurance schemes. |
| --- | --- | --- |

(xi)

providing the necessary technical assistance for the use of the futures markets and of insurance schemes.

| | (xi) | providing the necessary technical assistance for the use of the futures markets and of insurance schemes. |
| --- | --- | --- |

(xi)

providing the necessary technical assistance for the use of the futures markets and of insurance schemes.

1a.   By way of derogation from Article 101(1) TFEU, a producer organisation recognised under paragraph 1 of this Article may plan production, optimise the production costs, place on the market and negotiate contracts for the supply of agricultural products, on behalf of its members for all or part of their total production.

1a.   By way of derogation from Article 101(1) TFEU, a producer organisation recognised under paragraph 1 of this Article may plan production, optimise the production costs, place on the market and negotiate contracts for the supply of agricultural products, on behalf of its members for all or part of their total production.

The activities referred to in the first subparagraph may take place:

The activities referred to in the first subparagraph may take place:

| (a) | provided that one or more of the activities referred to in point (b)(i) to (vii) of paragraph 1 is genuinely exercised, thus contributing to the fulfilment of the objectives set out in Article 39 TFEU; |
| --- | --- |

(a)

provided that one or more of the activities referred to in point (b)(i) to (vii) of paragraph 1 is genuinely exercised, thus contributing to the fulfilment of the objectives set out in Article 39 TFEU;

| (a) | provided that one or more of the activities referred to in point (b)(i) to (vii) of paragraph 1 is genuinely exercised, thus contributing to the fulfilment of the objectives set out in Article 39 TFEU; |
| --- | --- |

(a)

provided that one or more of the activities referred to in point (b)(i) to (vii) of paragraph 1 is genuinely exercised, thus contributing to the fulfilment of the objectives set out in Article 39 TFEU;

| (b) | provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation; |
| --- | --- |

(b)

provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation;

| (b) | provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation; |
| --- | --- |

(b)

provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation;

| (c) | whether or not the price negotiated is the same as regards the aggregate production of some or all of the members; |
| --- | --- |

(c)

whether or not the price negotiated is the same as regards the aggregate production of some or all of the members;

| (c) | whether or not the price negotiated is the same as regards the aggregate production of some or all of the members; |
| --- | --- |

(c)

whether or not the price negotiated is the same as regards the aggregate production of some or all of the members;

| (d) | provided that the producers concerned are not members of any other producer organisation as regards the products covered by the activities referred to in the first subparagraph; |
| --- | --- |

(d)

provided that the producers concerned are not members of any other producer organisation as regards the products covered by the activities referred to in the first subparagraph;

| (d) | provided that the producers concerned are not members of any other producer organisation as regards the products covered by the activities referred to in the first subparagraph; |
| --- | --- |

(d)

provided that the producers concerned are not members of any other producer organisation as regards the products covered by the activities referred to in the first subparagraph;

| (e) | provided that the agricultural product is not covered by an obligation to deliver arising from the farmer's membership of a cooperative, which is not itself a member of the producer organisations concerned, in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from those statutes. |
| --- | --- |

(e)

provided that the agricultural product is not covered by an obligation to deliver arising from the farmer's membership of a cooperative, which is not itself a member of the producer organisations concerned, in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from those statutes.

| (e) | provided that the agricultural product is not covered by an obligation to deliver arising from the farmer's membership of a cooperative, which is not itself a member of the producer organisations concerned, in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from those statutes. |
| --- | --- |

(e)

provided that the agricultural product is not covered by an obligation to deliver arising from the farmer's membership of a cooperative, which is not itself a member of the producer organisations concerned, in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from those statutes.

However, Member States may derogate from the condition set out in point (d) of the second subparagraph in duly justified cases where producer members hold two distinct production units located in different geographical areas.

However, Member States may derogate from the condition set out in point (d) of the second subparagraph in duly justified cases where producer members hold two distinct production units located in different geographical areas.

1b.   For the purposes of this Article, references to producer organisations shall also include associations of producer organisations recognised under Article 156(1) if such associations meet the requirements set out in paragraph 1 of this Article.

1b.   For the purposes of this Article, references to producer organisations shall also include associations of producer organisations recognised under Article 156(1) if such associations meet the requirements set out in paragraph 1 of this Article.

1c.   The national competition authority referred to in Article 5 of Regulation (EC) No 1/2003 may decide in individual cases that, for the future, one or more of the activities referred to in the first subparagraph of paragraph 1a are to be modified, discontinued or not take place at all if it considers that this is necessary in order to prevent competition from being excluded or if it considers that the objectives set out in Article 39 TFEU are jeopardised.

1c.   The national competition authority referred to in Article 5 of Regulation (EC) No 1/2003 may decide in individual cases that, for the future, one or more of the activities referred to in the first subparagraph of paragraph 1a are to be modified, discontinued or not take place at all if it considers that this is necessary in order to prevent competition from being excluded or if it considers that the objectives set out in Article 39 TFEU are jeopardised.

For negotiations covering more than one Member State, the decision referred to in the first subparagraph of this paragraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3).

For negotiations covering more than one Member State, the decision referred to in the first subparagraph of this paragraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3).

When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions without delay after their adoption.

When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions without delay after their adoption.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

2.   A producer organisation recognised under paragraph 1 may continue to be recognised if it engages in the marketing of products falling within CN code ex 22 08 other than those referred to in Annex I to the Treaties, provided that the proportion of such products does not exceed 49 % of the total value of marketed production of the producer organisation and that such products do not benefit from Union support. Those products do not count, for producer organisations in the fruit and vegetables sector, towards the calculation of the value of marketed production for the purposes of Article 34(2).

2.   A producer organisation recognised under paragraph 1 may continue to be recognised if it engages in the marketing of products falling within CN code ex 2208 other than those referred to in Annex I to the Treaties, provided that the proportion of such products does not exceed 49 % of the total value of marketed production of the producer organisation and that such products do not benefit from Union support. Those products do not count, for producer organisations in the fruit and vegetables sector, towards the calculation of the value of marketed production for the purposes of Article 34(2).’

Amendment 238

Amendment 238

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 f (new)

Article 1 — paragraph 1 — point 22 f (new)

Regulation (EU) No 1308/2013

Article 153

| Present text | Amendment |
| --- | --- |
| | (22f) | Article 153 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22f)

(22f)

Article 153 is replaced by the following:

Article 153

‘Article 153

Statutes of producer organisations

Statutes of producer organisations

1.   The statutes of a producer organisation shall require its producer members, in particular, to:

1.   The statutes of a producer organisation shall require its producer members, in particular, to:

| (a) | apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment; |
| --- | --- |

(a)

apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment;

| (a) | apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment; |
| --- | --- |

(a)

apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment;

| (b) | be members of only one producer organisation for any given product of the holding;
  however Member States may derogate from this condition in duly justified cases where producer members hold two distinct production units located in different geographical areas; |
| --- | --- |

(b)

be members of only one producer organisation for any given product of the holding;
  however Member States may derogate from this condition in duly justified cases where producer members hold two distinct production units located in different geographical areas;

however Member States may derogate from this condition in duly justified cases where producer members hold two distinct production units located in different geographical areas;

| (b) | be members of only one producer organisation for any given product of the holding; |
| --- | --- |

(b)

be members of only one producer organisation for any given product of the holding;

| (c) | provide the information requested by the producer organisation for statistical purposes. |
| --- | --- |

(c)

provide the information requested by the producer organisation for statistical purposes.

| (c) | provide the information requested by the producer organisation for statistical purposes. |
| --- | --- |

(c)

provide the information requested by the producer organisation for statistical purposes.

However, Member States may derogate from point (b) of the first subparagraph in duly justified cases:

However, Member States may derogate from point (b) of the first subparagraph in duly justified cases:

| (i) | where producer members hold two distinct production units located in different geographical areas, or |
| --- | --- |

(i)

(i)

where producer members hold two distinct production units located in different geographical areas, or

where producer members hold two distinct production units located in different geographical areas, or

| (ii) | if the producer organisation recognised under Article 152 to which the producers already belong has decided democratically, pursuant to paragraph 2, point (c), to allow its producer members to be members of a second recognised producer organisation under the following conditions:








  — | the producer members have a given product intended for different uses and the primary producer organisation to which the producers already belong does not offer market outlets for the second use intended by the producers for their product; or |
| --- | --- | --- |

(ii)

(ii)

if the producer organisation recognised under Article 152 to which the producers already belong has decided democratically, pursuant to paragraph 2, point (c), to allow its producer members to be members of a second recognised producer organisation under the following conditions:

if the producer organisation recognised under Article 152 to which the producers already belong has decided democratically, pursuant to paragraph 2, point (c), to allow its producer members to be members of a second recognised producer organisation under the following conditions:

—

the producer members have a given product intended for different uses and the primary producer organisation to which the producers already belong does not offer market outlets for the second use intended by the producers for their product; or

the producer members have a given product intended for different uses and the primary producer organisation to which the producers already belong does not offer market outlets for the second use intended by the producers for their product; or

| — | the producer members of a producer organisation have historically committed the delivery of a part of their products, through contracts or cooperatives memberships, to several other purchasers and at least one of these purchasers becomes a recognised producer organisation
  . |
| --- | --- |

—

the producer members of a producer organisation have historically committed the delivery of a part of their products, through contracts or cooperatives memberships, to several other purchasers and at least one of these purchasers becomes a recognised producer organisation
  .

the producer members of a producer organisation have historically committed the delivery of a part of their products, through contracts or cooperatives memberships, to several other purchasers and at least one of these purchasers becomes a recognised producer organisation

2.   The statutes of a producer organisation shall also provide for:

2.   The statutes of a producer organisation shall also provide for:

| (a) | procedures for determining, adopting and amending the rules referred to in point (a) of paragraph 1; |
| --- | --- |

(a)

procedures for determining, adopting and amending the rules referred to in point (a) of paragraph 1;

| (a) | procedures for determining, adopting and amending the rules referred to in point (a) of paragraph 1; |
| --- | --- |

(a)

procedures for determining, adopting and amending the rules referred to in point (a) of paragraph 1;

| (b) | the imposition on members of financial contributions needed to finance the producer organisation; |
| --- | --- |

(b)

the imposition on members of financial contributions needed to finance the producer organisation;

| (b) | the imposition on members of financial contributions needed to finance the producer organisation; |
| --- | --- |

(b)

the imposition on members of financial contributions needed to finance the producer organisation;

| (c) | rules enabling the producer members to scrutinise democratically their organisation and its decisions; |
| --- | --- |

(c)

rules enabling the producer members to scrutinise democratically their organisation and its decisions;

| (c) | rules enabling the producer members to scrutinise democratically their organisation and its decisions
  as well as its accounts and budgets
  ; |
| --- | --- |

(c)

rules enabling the producer members to scrutinise democratically their organisation and its decisions
  as well as its accounts and budgets
  ;

as well as its accounts and budgets

| (d) | penalties for infringement of obligations under the statutes, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation; |
| --- | --- |

(d)

penalties for infringement of obligations under the statutes, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation;

| (d) | penalties for infringement of obligations under the statutes, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation; |
| --- | --- |

(d)

penalties for infringement of obligations under the statutes, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation;

| (e) | rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year; |
| --- | --- |

(e)

rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year;

| (e) | rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year; |
| --- | --- |

(e)

rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year;

| (f) | the accounting and budgetary rules necessary for the operation of the organisation. |
| --- | --- |

(f)

the accounting and budgetary rules necessary for the operation of the organisation.

| (f) | the accounting and budgetary rules necessary for the operation of the organisation. |
| --- | --- |

(f)

the accounting and budgetary rules necessary for the operation of the organisation.

2a.
     
  The statutes of a producer organisation may also provide, in the event that the producer organisation is responsible for selling some or all of its producer members’ products and where there is no transfer of ownership of the products by the producer members to the producer organisation, for those producer members to engage in contacts with buyers except as regards matters that pertain to the price or volume of sale of those products.

3.   Paragraphs 1
  and
  2 shall not apply to producer organisations in the milk and milk products sector.

3.   Paragraphs 1, 2
  and 2a
  shall not apply to producer organisations in the milk and milk products sector.’

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 g (new)

Article 1 — paragraph 1 — point 22 g (new)

Regulation (EU) No 1308/2013

Article 154

| Present text | Amendment |
| --- | --- |
| | (22 g) | Article 154 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22 g)

(22 g)

Article 154 is replaced by the following:

Article 154

‘Article 154

Recognition of producer organisations

Recognition of producer organisations

1.   In order to be recognised by a Member State, the producer organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which:

1.   In order to be recognised by a Member State, the producer organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which:

| (a) | fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1); |
| --- | --- |

(a)

fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1);

| (a) | fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1); |
| --- | --- |

(a)

fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1);

| (b) | has a minimum number of members and/or covers a minimum volume or value of marketable production, to be laid down by the Member State concerned, in the area where it operates; |
| --- | --- |

(b)

has a minimum number of members and/or covers a minimum volume or value of marketable production, to be laid down by the Member State concerned, in the area where it operates;

| (b) | has a minimum number of members and/or covers a minimum volume or value of marketable production, to be laid down by the Member State concerned, in the area where it operates
  . Such provisions shall not prevent the recognition of producer organisations which are dedicated to marginal production
  ; |
| --- | --- |

(b)

has a minimum number of members and/or covers a minimum volume or value of marketable production, to be laid down by the Member State concerned, in the area where it operates
  . Such provisions shall not prevent the recognition of producer organisations which are dedicated to marginal production
  ;

. Such provisions shall not prevent the recognition of producer organisations which are dedicated to marginal production

| (c) | provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply; |
| --- | --- |

(c)

provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply;

| (c) | provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply; |
| --- | --- |

(c)

provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply;

| (d) | has statutes that are consistent with points (a), (b) and (c) of this paragraph. |
| --- | --- |

(d)

has statutes that are consistent with points (a), (b) and (c) of this paragraph.

| (d) | has statutes that are consistent with points (a), (b) and (c) of this paragraph. |
| --- | --- |

(d)

has statutes that are consistent with points (a), (b) and (c) of this paragraph.

1a.   Member States may, on request, decide to grant more than one recognition to a producer organisation operating in several sectors referred to in Article 1(2) provided the producer organisation fulfils the conditions referred to in paragraph 1 of this Article for each sector for which it seeks recognition.

1a.   Member States may, on request, decide to grant more than one recognition to a producer organisation operating in several sectors referred to in Article 1(2) provided the producer organisation fulfils the conditions referred to in paragraph 1 of this Article for each sector for which it seeks recognition.

2.   Member States may decide that producer organisations which have been recognised before 1 January 2018 and which fulfil the conditions laid down in paragraph 1 of this Article shall be deemed to be recognised as producer organisations pursuant to Article 152.

2.   Member States may decide that producer organisations which have been recognised before 1 January 2018 and which fulfil the conditions laid down in paragraph 1 of this Article shall be deemed to be recognised as producer organisations pursuant to Article 152.

3.   Where producer organisations have been recognised before 1 January 2018 but do not fulfil the conditions set out in paragraph 1 of this Article, Member States shall withdraw their recognition no later than 31 December 2020.

3.   Where producer organisations have been recognised before 1 January 2018 but do not fulfil the conditions set out in paragraph 1 of this Article, Member States shall withdraw their recognition no later than 31 December 2020.

4.   Member States shall:

4.   Member States shall:

| (a) | decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters; |
| --- | --- |

(a)

decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

| (a) | decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters; |
| --- | --- |

(a)

decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

| (b) | carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter; |
| --- | --- |

(b)

carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter;

| (b) | carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter; |
| --- | --- |

(b)

carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter;

| (c) | in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn; |
| --- | --- |

(c)

in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

| (c) | in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn; |
| --- | --- |

(c)

in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

| (d) | inform the Commission by 31 March of each year, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year. |
| --- | --- |

(d)

inform the Commission by 31 March of each year, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

| (d) | inform the Commission by 31 March of each year, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.’ |
| --- | --- |

(d)

inform the Commission by 31 March of each year, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.’

Amendment 116

Amendment 116

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 h (new)

Article 1 — paragraph 1 — point 22 h (new)

Regulation (EU) No 1308/2013

Article 156

| Present text | Amendment |
| --- | --- |
| | (22h) | Article 156 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22h)

(22h)

Article 156 is replaced by the following:

Article 156

‘Article 156

Associations of producer organisations

Associations of producer organisations

1.   Member States may, on request, recognise associations of producer organisations in a specific sector listed in Article 1(2) which are formed at the initiative of recognised producer organisations. Subject to the rules adopted pursuant to Article 173, associations of producer organisations may carry out any of the activities or functions of producer organisations.

1.   Member States may, on request, recognise associations of producer organisations in a specific sector listed in Article 1(2) which are formed at the initiative of recognised
  producer organisations and /or associations of
  producer organisations. Subject to the rules adopted pursuant to Article 173, associations of producer organisations may carry out any of the activities or functions of producer organisations.

2.   By way of derogation from paragraph 1, Member States may, on request, recognise an association of recognised producer organisations in the milk and milk products sector if the Member State concerned considers that the association is capable of carrying out effectively any of the activities of a recognised producer organisation, and that it fulfils the conditions laid down in Article 161(1).

2.   By way of derogation from paragraph 1, Member States may, on request, recognise an association of recognised producer organisations in the milk and milk products sector if the Member State concerned considers that the association is capable of carrying out effectively any of the activities of a recognised producer organisation, and that it fulfils the conditions laid down in Article 161(1).’

Amendment 239

Amendment 239

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 i (new)

Article 1 — paragraph 1 — point 22 i (new)

Regulation (EU) No 1308/2013

Article 157

| Present text | Amendment |
| --- | --- |
| | (22i) | Article 157 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22i)

(22i)

Article 157 is replaced by the following:

Article 157

‘Article 157

Interbranch organisations

Interbranch organisations

1.   Member States may, on request, recognise interbranch organisations in a specific sector listed in Article 1(2) which:

1.   Member States may, on request, recognise interbranch organisations in a specific sector listed in Article 1(2) which:

| (a) | are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products in one or more sectors; |
| --- | --- |

(a)

are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products in one or more sectors;

| (a) | are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products in one or more sectors; |
| --- | --- |

(a)

are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products in one or more sectors;

| (b) | are formed on the initiative of all or some of the organisations or associations which constitute them; |
| --- | --- |

(b)

are formed on the initiative of all or some of the organisations or associations which constitute them;

| (b) | are formed on the initiative of all or some of the organisations or associations which constitute them; |
| --- | --- |

(b)

are formed on the initiative of all or some of the organisations or associations which constitute them;

| (c) | pursue a specific aim taking account of the interests of their members and of consumers, which may include, in particular, one of the following objectives: |
| --- | --- |

(c)

pursue a specific aim taking account of the interests of their members and of consumers, which may include, in particular, one of the following objectives:

| (c) | pursue a specific aim taking account of the interests of
  all
  their members and of consumers, which may include, in particular, one of the following objectives: |
| --- | --- |

(c)

pursue a specific aim taking account of the interests of
  all
  their members and of consumers, which may include, in particular, one of the following objectives:

all

| | (i) | improving knowledge and the transparency of production and the market
  , including by
  publication of aggregated statistical data on production costs, prices, including, where appropriate, price indices, volumes and duration of contracts which have been previously concluded,
  and by
  providing analyses of potential future market developments at regional, national or international level; |
| --- | --- | --- |

(i)

improving knowledge and the transparency of production and the market
  , including by
  publication of aggregated statistical data on production costs, prices, including, where appropriate, price indices, volumes and duration of contracts which have been previously concluded,
  and by
  providing analyses of potential future market developments at regional, national or international level;

, including by

and by

| | (i) | improving knowledge and the transparency of production and the market
  through: |
| --- | --- | --- |

(i)

improving knowledge and the transparency of production and the market
  through:

through:

| | | — | publication
  and/or sharing
  of aggregated statistical data on production costs, prices, including, where appropriate, price indices, volumes and duration of contracts which have been previously concluded,
  as well as data on the margins allocated in the different stages of the supply chain; |
| --- | --- | --- | --- |

—

publication
  and/or sharing
  of aggregated statistical data on production costs, prices, including, where appropriate, price indices, volumes and duration of contracts which have been previously concluded,
  as well as data on the margins allocated in the different stages of the supply chain;

and/or sharing

as well as data on the margins allocated in the different stages of the supply chain;

| — | providing analyses of potential future market developments at regional, national or international level; |
| --- | --- |

—

providing analyses of potential future market developments at regional, national or international level;

| | (ii) | forecasting of production potential, and recording public market prices; |
| --- | --- | --- |

(ii)

forecasting of production potential, and recording public market prices;

| | (ii) | forecasting of production potential, and recording public market prices; |
| --- | --- | --- |

(ii)

forecasting of production potential, and recording public market prices;

| | (iii) | helping to coordinate better the way the products are placed on the market, in particular by means of research and market studies; |
| --- | --- | --- |

(iii)

helping to coordinate better the way the products are placed on the market, in particular by means of research and market studies;

| | (iii) | helping to coordinate better the way the products are placed on the market, in particular by means of research and market studies; |
| --- | --- | --- |

(iii)

helping to coordinate better the way the products are placed on the market, in particular by means of research and market studies;

| | (iv) | exploring potential export markets; |
| --- | --- | --- |

(iv)

exploring potential export markets;

| | (iv) | exploring potential export markets; |
| --- | --- | --- |

(iv)

exploring potential export markets;

| | (v) | without prejudice to Articles 148 and 168, drawing up standard forms of contract, compatible with Union rules, for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions; |
| --- | --- | --- |

(v)

without prejudice to Articles 148 and 168, drawing up standard forms of contract, compatible with Union rules, for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;

| | (v) | without prejudice to Articles 148 and 168, drawing up standard forms of contract, compatible with Union rules, for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions
  . Those standard forms of contract may involve two or more undertakings each of which operates at a different level of the production, processing or distribution chain and shall contain relevant and easily comprehensible indicators and economic indices and the method of calculation of the final price, based on and referencing relevant production costs and their development, but also take account of product categories and their different market opportunities, product valuation indicators, the prices of agricultural and food products observed on the markets and variations therein, and criteria pertaining to the composition, quality, traceability and content of product specifications
  ; |
| --- | --- | --- |

(v)

without prejudice to Articles 148 and 168, drawing up standard forms of contract, compatible with Union rules, for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions
  . Those standard forms of contract may involve two or more undertakings each of which operates at a different level of the production, processing or distribution chain and shall contain relevant and easily comprehensible indicators and economic indices and the method of calculation of the final price, based on and referencing relevant production costs and their development, but also take account of product categories and their different market opportunities, product valuation indicators, the prices of agricultural and food products observed on the markets and variations therein, and criteria pertaining to the composition, quality, traceability and content of product specifications
  ;

. Those standard forms of contract may involve two or more undertakings each of which operates at a different level of the production, processing or distribution chain and shall contain relevant and easily comprehensible indicators and economic indices and the method of calculation of the final price, based on and referencing relevant production costs and their development, but also take account of product categories and their different market opportunities, product valuation indicators, the prices of agricultural and food products observed on the markets and variations therein, and criteria pertaining to the composition, quality, traceability and content of product specifications

| | (vi) | exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation; |
| --- | --- | --- |

(vi)

exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation;

| | (vi) | exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation; |
| --- | --- | --- |

(vi)

exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation;

| | (vii) | providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production and, where applicable, the processing and marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the specific characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment; |
| --- | --- | --- |

(vii)

providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production and, where applicable, the processing and marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the specific characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment;

| | (vii) | providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production and, where applicable, the processing and marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the specific characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment
  , climate action, animal health and animal welfare
  ; |
| --- | --- | --- |

(vii)

providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production and, where applicable, the processing and marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the specific characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment
  , climate action, animal health and animal welfare
  ;

, climate action, animal health and animal welfare

| | (viii) | seeking ways of restricting the use of animal-health or plant protection products, better managing other inputs, ensuring product quality and soil and water conservation, promoting food safety, in particular through traceability of products, and improving animal health and welfare; |
| --- | --- | --- |

(viii)

seeking ways of restricting the use of animal-health or plant protection products, better managing other inputs, ensuring product quality and soil and water conservation, promoting food safety, in particular through traceability of products, and improving animal health and welfare;

| | (viii) | seeking ways of restricting the use of animal-health or plant protection products, better managing other inputs, ensuring product quality and soil and water conservation, promoting food safety, in particular through traceability of products, and improving animal health and welfare; |
| --- | --- | --- |

(viii)

seeking ways of restricting the use of animal-health or plant protection products, better managing other inputs, ensuring product quality and soil and water conservation, promoting food safety, in particular through traceability of products, and improving animal health and welfare;

| | (ix) | developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and marketing; |
| --- | --- | --- |

(ix)

developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and marketing;

| | (ix) | developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and marketing; |
| --- | --- | --- |

(ix)

developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and marketing;

| | (x) | taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications; |
| --- | --- | --- |

(x)

taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications;

| | (x) | taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications; |
| --- | --- | --- |

(x)

taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications;

| | (xi) | promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; |
| --- | --- | --- |

(xi)

promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods;

| | (xi) | promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; |
| --- | --- | --- |

(xi)

promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods;

| | (xii) | encouraging healthy and responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns; |
| --- | --- | --- |

(xii)

encouraging healthy and responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns;

| | (xii) | encouraging healthy and responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns; |
| --- | --- | --- |

(xii)

encouraging healthy and responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns;

| | (xiii) | promoting consumption of, and/or furnishing information concerning, products on the internal market and external markets; |
| --- | --- | --- |

(xiii)

promoting consumption of, and/or furnishing information concerning, products on the internal market and external markets;

| | (xiii) | promoting consumption of, and/or furnishing information concerning, products on the internal market and external markets; |
| --- | --- | --- |

(xiii)

promoting consumption of, and/or furnishing information concerning, products on the internal market and external markets;

| | (xiv) | contributing to the management of by-products and the reduction and management of waste. |
| --- | --- | --- |

(xiv)

contributing to the management of by-products and the reduction and management of waste.

| | (xiv) | contributing to the management
  and developing initiatives for the valorisation
  of by-products and the reduction and management of waste; |
| --- | --- | --- |

(xiv)

contributing to the management
  and developing initiatives for the valorisation
  of by-products and the reduction and management of waste;

and developing initiatives for the valorisation

| | (xv) | establishing standard value sharing clauses within the meaning of Article 172a,
  including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them; |
| --- | --- | --- |

(xv)

establishing standard value sharing clauses within the meaning of Article 172a,
  including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them;

including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them;

| | (xv) | establishing
  rules on the distribution of value between operators in the supply chain, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated. These rules may take the form of
  standard value sharing clauses within the meaning of Article 172a
  or include or refer to economic indicators such as the relevant production and marketing costs and their evolution, the prices of agricultural and food products recorded on the market(s) concerned and their evolution, and the quantities, the composition, the quality, the traceability or the respect of the products concerned, and shall take into account production costs; |
| --- | --- | --- |

(xv)

establishing
  rules on the distribution of value between operators in the supply chain, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated. These rules may take the form of
  standard value sharing clauses within the meaning of Article 172a
  or include or refer to economic indicators such as the relevant production and marketing costs and their evolution, the prices of agricultural and food products recorded on the market(s) concerned and their evolution, and the quantities, the composition, the quality, the traceability or the respect of the products concerned, and shall take into account production costs;

rules on the distribution of value between operators in the supply chain, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated. These rules may take the form of

or include or refer to economic indicators such as the relevant production and marketing costs and their evolution, the prices of agricultural and food products recorded on the market(s) concerned and their evolution, and the quantities, the composition, the quality, the traceability or the respect of the products concerned, and shall take into account production costs;

| | (xva) | establishing standard clauses for fair compensation of the costs incurred by farmers for meeting extra-legal requirements with regard to environment, climate, animal health and animal welfare, including methods to calculate these costs; |
| --- | --- | --- |

(xva)

(xva)

establishing standard clauses for fair compensation of the costs incurred by farmers for meeting extra-legal requirements with regard to environment, climate, animal health and animal welfare, including methods to calculate these costs;

establishing standard clauses for fair compensation of the costs incurred by farmers for meeting extra-legal requirements with regard to environment, climate, animal health and animal welfare, including methods to calculate these costs;

| | (xvi) | implementing measures to prevent and manage animal health, plant-protection and environmental risks. |
| --- | --- | --- |

(xvi)

implementing measures to prevent and manage animal health, plant-protection and environmental risks.

| | (xvi) | promoting and
  implementing measures to prevent
  , control and manage
  animal health, plant-protection and environmental risks
  , including by setting up and managing of mutual funds or by contributing to such funds with a view to paying financial compensation to farmers for the costs and economic losses arising from the promotion and implementation of such measures; |
| --- | --- | --- |

(xvi)

(xvi)

promoting and
  implementing measures to prevent
  , control and manage
  animal health, plant-protection and environmental risks
  , including by setting up and managing of mutual funds or by contributing to such funds with a view to paying financial compensation to farmers for the costs and economic losses arising from the promotion and implementation of such measures;

promoting and

, control and manage

, including by setting up and managing of mutual funds or by contributing to such funds with a view to paying financial compensation to farmers for the costs and economic losses arising from the promotion and implementation of such measures;

| | (xvia) | contributing to the transparency of trade relations between the various stages in the chain, in particular through the design, implementation and compliance control of technical standards by members of the sector. |
| --- | --- | --- |

(xvia)

(xvia)

contributing to the transparency of trade relations between the various stages in the chain, in particular through the design, implementation and compliance control of technical standards by members of the sector.

contributing to the transparency of trade relations between the various stages in the chain, in particular through the design, implementation and compliance control of technical standards by members of the sector.

1a.   Member States may, on request, decide to grant more than one recognition to an interbranch organisation operating in several sectors referred to in Article 1(2) provided the interbranch organisation fulfils the conditions referred to in paragraph 1 and, where applicable, paragraph 3 for each sector for which it seeks recognition.

1a.   Member States may, on request, decide to grant more than one recognition to an interbranch organisation operating in several sectors referred to in Article 1(2) provided the interbranch organisation fulfils the conditions referred to in paragraph 1 and, where applicable, paragraph 3 for each sector for which it seeks recognition.

2.   In duly justified cases, Member States may decide on the basis of objective and non-discriminatory criteria that the condition in point (c) of Article 158(1) is fulfilled by limiting the number of interbranch organisations on a regional or national level if so provided for by national rules in place before 1 January 2014, and where this does not impair the proper functioning of the internal market.

2.   In duly justified cases, Member States may decide on the basis of objective and non-discriminatory criteria that the condition in point (c) of Article 158(1) is fulfilled by limiting the number of interbranch organisations on a regional or national level if so provided for by national rules in place before 1 January 2014, and where this does not impair the proper functioning of the internal market.’

3.
     
  By way of derogation from paragraph 1, as regards the milk and milk products sector, Member States may recognise interbranch organisations which:

| (a) | have formally requested recognition and are made up of representatives of economic activities linked to the production of raw milk and linked to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products of the milk and milk products sector; |
| --- | --- |

(a)

(a)

have formally requested recognition and are made up of representatives of economic activities linked to the production of raw milk and linked to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products of the milk and milk products sector;

have formally requested recognition and are made up of representatives of economic activities linked to the production of raw milk and linked to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products of the milk and milk products sector;

| (b) | are formed on the initiative of all or some of the representatives referred to in point (a); |
| --- | --- |

(b)

(b)

are formed on the initiative of all or some of the representatives referred to in point (a);

are formed on the initiative of all or some of the representatives referred to in point (a);

| (c) | carry out, in one or more regions of the Union, taking into account the interests of the members of those interbranch organisations and of consumers, one or more of the following activities: |
| --- | --- |

(c)

(c)

carry out, in one or more regions of the Union, taking into account the interests of the members of those interbranch organisations and of consumers, one or more of the following activities:

carry out, in one or more regions of the Union, taking into account the interests of the members of those interbranch organisations and of consumers, one or more of the following activities:

| | (i) | improving the knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional, national and international level; |
| --- | --- | --- |

(i)

(i)

improving the knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional, national and international level;

improving the knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional, national and international level;

| | (ii) | helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research and market studies; |
| --- | --- | --- |

(ii)

(ii)

helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research and market studies;

helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research and market studies;

| | (iii) | promoting consumption of, and providing information on, milk and milk products in both internal and external markets; |
| --- | --- | --- |

(iii)

(iii)

promoting consumption of, and providing information on, milk and milk products in both internal and external markets;

promoting consumption of, and providing information on, milk and milk products in both internal and external markets;

| | (iv) | exploring potential export markets; |
| --- | --- | --- |

(iv)

(iv)

exploring potential export markets;

exploring potential export markets;

| | (v) | drawing up standard forms of contract compatible with Union rules for the sale of raw milk to purchasers or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions; |
| --- | --- | --- |

(v)

(v)

drawing up standard forms of contract compatible with Union rules for the sale of raw milk to purchasers or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;

drawing up standard forms of contract compatible with Union rules for the sale of raw milk to purchasers or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;

| | (vi) | providing the information and carrying out the research necessary to adjust production in favour of products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment; |
| --- | --- | --- |

(vi)

(vi)

providing the information and carrying out the research necessary to adjust production in favour of products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment;

providing the information and carrying out the research necessary to adjust production in favour of products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment;

| | (vii) | maintaining and developing the production potential of the dairy sector, inter alia, by promoting innovation and supporting programmes for applied research and development in order to exploit the full potential of milk and milk products, especially in order to create products with added value which are more attractive to the consumer; |
| --- | --- | --- |

(vii)

(vii)

maintaining and developing the production potential of the dairy sector, inter alia, by promoting innovation and supporting programmes for applied research and development in order to exploit the full potential of milk and milk products, especially in order to create products with added value which are more attractive to the consumer;

maintaining and developing the production potential of the dairy sector, inter alia, by promoting innovation and supporting programmes for applied research and development in order to exploit the full potential of milk and milk products, especially in order to create products with added value which are more attractive to the consumer;

| | (viii) | seeking ways of restricting the use of animal health products, improving the management of other inputs and enhancing food safety and animal health; |
| --- | --- | --- |

(viii)

(viii)

seeking ways of restricting the use of animal health products, improving the management of other inputs and enhancing food safety and animal health;

seeking ways of restricting the use of animal health products, improving the management of other inputs and enhancing food safety and animal health;

| | (ix) | developing methods and instruments for improving product quality at all stages of production and marketing; |
| --- | --- | --- |

(ix)

(ix)

developing methods and instruments for improving product quality at all stages of production and marketing;

developing methods and instruments for improving product quality at all stages of production and marketing;

| | (x) | exploiting the potential of organic farming and protecting and promoting such farming as well as the production of products with designations of origin, quality labels and geographical indications; and |
| --- | --- | --- |

(x)

(x)

exploiting the potential of organic farming and protecting and promoting such farming as well as the production of products with designations of origin, quality labels and geographical indications; and

exploiting the potential of organic farming and protecting and promoting such farming as well as the production of products with designations of origin, quality labels and geographical indications; and

| | (xi) | promoting integrated production or other environmentally sound production methods. |
| --- | --- | --- |

(xi)

(xi)

promoting integrated production or other environmentally sound production methods.

promoting integrated production or other environmentally sound production methods.

Amendment 240

Amendment 240

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 j (new)

Article 1 — paragraph 1 — point 22 j (new)

Regulation (EU) No 1308/2013

Article 158

| Present text | Amendment |
| --- | --- |
| | (22j) | Article 158 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22j)

(22j)

Article 158 is replaced by the following:

Article 158

‘Article 158

Recognition of interbranch organisations

Recognition of interbranch organisations

1.   Member States may recognise interbranch organisations applying for such recognition, provided that they:

1.   Member States may recognise interbranch organisations applying for such recognition, provided that they:

| (a) | fulfil the requirements laid down in Article 157; |
| --- | --- |

(a)

fulfil the requirements laid down in Article 157;

| (a) | fulfil the requirements laid down in Article 157; |
| --- | --- |

(a)

fulfil the requirements laid down in Article 157;

| (b) | carry out their activities in one or more regions in the territory concerned; |
| --- | --- |

(b)

carry out their activities in one or more regions in the territory concerned;

| (b) | carry out their activities in one or more regions in the territory concerned; |
| --- | --- |

(b)

carry out their activities in one or more regions in the territory concerned;

| (c) | account for a significant share of the economic activities referred to in point (a) of Article 157(1); |
| --- | --- |

(c)

account for a significant share of the economic activities referred to in point (a) of Article 157(1);

| (c) | account for a significant share of the economic activities referred to in point (a) of Article 157(1); |
| --- | --- |

(c)

account for a significant share of the economic activities referred to in point (a) of Article 157(1);

| (ca) | ensure a balanced representation of the stages of the supply chain referred to in point (a) of Article 157(1); |
| --- | --- |

(ca)

(ca)

ensure a balanced representation of the stages of the supply chain referred to in point (a) of Article 157(1);

ensure a balanced representation of the stages of the supply chain referred to in point (a) of Article 157(1);

| (d) | with the exception of the cases laid down in Article 162, do not, themselves, engage in production, processing or trade. |
| --- | --- |

(d)

with the exception of the cases laid down in Article 162, do not, themselves, engage in production, processing or trade.

| (d) | with the exception of the cases laid down in Article 162, do not, themselves, engage in production, processing or trade. |
| --- | --- |

(d)

with the exception of the cases laid down in Article 162, do not, themselves, engage in production, processing or trade.

2.   Member States may decide that interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which fulfil the conditions laid down in paragraph 1 of this Article are deemed to be recognised as interbranch organisations pursuant to Article 157.

2.   Member States may decide that interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which fulfil the conditions laid down in paragraph 1 of this Article are deemed to be recognised as interbranch organisations pursuant to Article 157.

3.   Interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which do not fulfil the conditions laid down in paragraph 1 of this Article may continue to exercise their activities under national law until 1 January 2015.

3.   Interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which do not fulfil the conditions laid down in paragraph 1 of this Article may continue to exercise their activities under national law until 1 January 2015.

4.   Member States may recognise interbranch organisations in all sectors existing prior to 1 January 2014, whether they were recognised on request or established by law, even though they do not fulfil the condition laid down in point (b) of Article 157(1) or in point (b) of Article 157(3).

4.   Member States may recognise interbranch organisations in all sectors existing prior to 1 January 2014, whether they were recognised on request or established by law, even though they do not fulfil the condition laid down in point (b) of Article 157(1) or in point (b) of Article 157(3).

5.   Where Member States recognise an interbranch organisation in accordance with paragraph 1 or 2, they shall:

5.   Where Member States recognise an interbranch organisation in accordance with paragraph 1 or 2, they shall:

| (a) | decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; this application shall be lodged with the Member State where the organisation has its headquarters; |
| --- | --- |

(a)

decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; this application shall be lodged with the Member State where the organisation has its headquarters;

| (a) | decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; this application shall be lodged with the Member State where the organisation has its headquarters; |
| --- | --- |

(a)

decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; this application shall be lodged with the Member State where the organisation has its headquarters;

| (b) | carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition; |
| --- | --- |

(b)

carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

| (b) | carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition; |
| --- | --- |

(b)

carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

| (c) | in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn; |
| --- | --- |

(c)

in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

| (c) | in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn; |
| --- | --- |

(c)

in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

| (d) | withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met; |
| --- | --- |

(d)

withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met;

| (d) | withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met; |
| --- | --- |

(d)

withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met;

| (e) | inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year. |
| --- | --- |

(e)

inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

| (e) | inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.’ |
| --- | --- |

(e)

inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.’

Amendment 118

Amendment 118

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 k (new)

Article 1 — paragraph 1 — point 22 k (new)

Regulation (EU) No 1308/2013

Article 158 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22k) | In Section 1 of Chapter III, the following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22k)

(22k)

In Section 1 of Chapter III, the following article is inserted:

‘Article 158a

Associations of interbranch organisations

Member States may, on request, recognise associations of interbranch organisations in a specific sector listed in Article 1(2) which are formed at the initiative of recognised interbranch organisations.

Subject to the rules adopted pursuant to Article 173, associations of producer organisations may carry out any of the activities or functions of interbranch organisations.’

Amendment 119

Amendment 119

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 l (new)

Article 1 — paragraph 1 — point 22 l (new)

Regulation (EU) No 1308/2013

Article 158 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22l) | In Section 1 of Chapter III, the following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22l)

(22l)

In Section 1 of Chapter III, the following article is inserted:

‘Article 158b

‘Article 158b

Transnational producer organisations and their transnational associations and translational interbranch organisations

Transnational producer organisations and their transnational associations and translational interbranch organisations

1.
     
  For the purposes of this Regulation, references to producer organisations, associations of producer organisations and interbranch organisations shall also include transnational producer organisations, transnational associations of producer organisations and transnational interbranch organisations recognised under this Article.

2.
     
  The following definitions shall apply for the purposes of this Regulation:

| (a) | “transnational producer organisation” means any producer organisation whose member producers’ holdings are located in more than one Member State; |
| --- | --- |

(a)

(a)

“transnational producer organisation” means any producer organisation whose member producers’ holdings are located in more than one Member State;

“transnational producer organisation” means any producer organisation whose member producers’ holdings are located in more than one Member State;

| (b) | ‘transnational association of producer organisations’ means any association of producer organisations whose member organisations are located in more than one Member State; |
| --- | --- |

(b)

(b)

‘transnational association of producer organisations’ means any association of producer organisations whose member organisations are located in more than one Member State;

‘transnational association of producer organisations’ means any association of producer organisations whose member organisations are located in more than one Member State;

| (c) | “transnational interbranch organisation” means any interbranch organisation whose members carry out a production, processing or marketing activity of the products covered by the organisation’s activities in more than one Member State. |
| --- | --- |

(c)

(c)

“transnational interbranch organisation” means any interbranch organisation whose members carry out a production, processing or marketing activity of the products covered by the organisation’s activities in more than one Member State.

“transnational interbranch organisation” means any interbranch organisation whose members carry out a production, processing or marketing activity of the products covered by the organisation’s activities in more than one Member State.

3.
     
  The Commission shall decide on the recognition of transnational producer organisations, transnational associations of producer organisations and transnational interbranch organisation.

The general rules on recognition referred to in Articles 154, 156 and 158 and the specific rules on recognition in the milk and milk products sector referred to in Articles 161 and 163 shall apply mutatis mutandis.

The general rules on recognition referred to in Articles 154, 156 and 158 and the specific rules on recognition in the milk and milk products sector referred to in Articles 161 and 163 shall apply mutatis mutandis.

4.
     
  The Member State in which a transnational producer organisation or a transnational association of producer organisations has a significant number of members or member organisations or has marketable production of a significant volume or value, or the Member State in which the headquarters of a transnational interbranch organisation is located, as well as the other Member States in which the members of that organisation or association are located, shall submit to the Commission the information necessary to enable it to verify compliance with the conditions for recognition and shall grant it all necessary administrative assistance.

5.
     
  The Commission and the Member State referred to in paragraph 4 shall make available all relevant information upon request of another Member State in which members of such organisation or association are located.’

Amendment 120

Amendment 120

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 m (new)

Article 1 — paragraph 1 — point 22 m (new)

Regulation (EU) No 1308/2013

Article 160

| Present text | Amendment |
| --- | --- |
| | (22m) | Article 160 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22m)

(22m)

Article 160 is replaced by the following:

Article 160

‘Article 160

Producer organisations in the fruit and vegetables sector

Producer organisations in the fruit and vegetables sector

In the fruit and vegetables sector producer organisations shall pursue at least one of the objectives set out in points (c)(i), (ii) and (iii) of Article 152(1).

1.
     In the fruit and vegetables sector producer organisations shall pursue at least one of the objectives set out in points (c)(i), (ii) and (iii) of Article 152(1).

The statutes of a producer organisation in the fruit and vegetables sector shall require its producer members to market their entire production concerned through the producer organisation.

1a.
     The statutes of a producer organisation in the fruit and vegetables sector shall require its producer members to market their entire production concerned through the producer organisation.

By way of derogation from the first sub-paragraph, where the producer organisation so authorises in its statutes, the producer members may:

By way of derogation from the first sub-paragraph, where the producer organisation so authorises in its statutes, the producer members may:

| (a) | sell products directly or outside their holdings to consumers for their personal needs; |
| --- | --- |

(a)

(a)

sell products directly or outside their holdings to consumers for their personal needs;

sell products directly or outside their holdings to consumers for their personal needs;

| (b) | market by themselves or through another producer organisation designated by their own producer organisation, quantities of products which, in terms of volume or value, are marginal compared to the volume or value of marketable production of their organisation of the products concerned; |
| --- | --- |

(b)

(b)

market by themselves or through another producer organisation designated by their own producer organisation, quantities of products which, in terms of volume or value, are marginal compared to the volume or value of marketable production of their organisation of the products concerned;

market by themselves or through another producer organisation designated by their own producer organisation, quantities of products which, in terms of volume or value, are marginal compared to the volume or value of marketable production of their organisation of the products concerned;

| (c) | market by themselves or through another producer organisation designated by their own producer organisation, products which because of their characteristics or because of the limited production in volume or in value of the producer members, are normally not covered by the commercial activities of the producer organisation. |
| --- | --- |

(c)

(c)

market by themselves or through another producer organisation designated by their own producer organisation, products which because of their characteristics or because of the limited production in volume or in value of the producer members, are normally not covered by the commercial activities of the producer organisation.

market by themselves or through another producer organisation designated by their own producer organisation, products which because of their characteristics or because of the limited production in volume or in value of the producer members, are normally not covered by the commercial activities of the producer organisation.

2.
     
  The percentage of the production in volume or in value of the marketable production of each producer member that the producer members market outside the producer organisation, shall not exceed the percentage fixed by the delegated act referred in Article 173 of this Regulation.

However, Member States may set a lower percentage of the production that the producer members may market outside the producer organisation than the one set out in the delegated act referred in first subparagraph but not less than 10 %.

However, Member States may set a lower percentage of the production that the producer members may market outside the producer organisation than the one set out in the delegated act referred in first subparagraph but not less than 10 %.

3.
     
  In the case of products covered by Council Regulation (EC) No 834/2007 or where producer members market their production through another producer organisation designated by their own producer organisation the percentage of the production that the producer members market outside the producer organisation, as referred to in paragraph 1a, shall not exceed the percentage fixed by the delegated act referred in Article 173 of this Regulation in volume or in value of the marketable production of each producer member.

However, Member States may set a lower percentage of the production that these producer members may market outside the producer organisation than the one set out in the delegated act referred in the first subparagraph but not less than 10 %.

However, Member States may set a lower percentage of the production that these producer members may market outside the producer organisation than the one set out in the delegated act referred in the first subparagraph but not less than 10 %.

Producer organisations and associations of producer organisations in the fruit and vegetables sector shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference.

Producer organisations and associations of producer organisations in the fruit and vegetables sector shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference.’

Amendment 121

Amendment 121

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 n (new)

Article 1 — paragraph 1 — point 22 n (new)

Regulation (EU) No 1308/2013

Article 163

| Present text | Amendment |
| --- | --- |
| | (22n) | Article 163 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22n)

(22n)

Article 163 is replaced by the following:

Article 163

‘Article 163

Recognition of interbranch organisations in the milk and milk products sector

Recognition of interbranch organisations in the milk and milk products sector

1.   Member States may recognise interbranch organisations in the milk and milk products sector provided that such organisations:

1.   Member States may recognise interbranch organisations in the milk and milk products sector provided that such organisations:

| (a) | fulfil the requirements laid down in Article 157(3); |
| --- | --- |

(a)

fulfil the requirements laid down in Article 157(3);

| (a) | fulfil the requirements laid down in Article 157(3); |
| --- | --- |

(a)

fulfil the requirements laid down in Article 157(3);

| (b) | carry out their activities in one or more regions in the territory concerned; |
| --- | --- |

(b)

carry out their activities in one or more regions in the territory concerned;

| (b) | carry out their activities in one or more regions in the territory concerned; |
| --- | --- |

(b)

carry out their activities in one or more regions in the territory concerned;

| (c) | account for a significant share of the economic activities referred to in point (a) of Article 157(3); |
| --- | --- |

(c)

account for a significant share of the economic activities referred to in point (a) of Article 157(3);

| (c) | account for a significant share of the economic activities referred to in point (a) of Article 157(3); |
| --- | --- |

(c)

account for a significant share of the economic activities referred to in point (a) of Article 157(3);

| (d) | do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector. |
| --- | --- |

(d)

do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector.

| (d) | do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector. |
| --- | --- |

(d)

do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector.

2.   Member States may decide that interbranch organisations which have been recognised before 2 April 2012 on the basis of national law and which fulfil the conditions laid down in paragraph 1 are to be considered to be recognised as interbranch organisations under Article 157(3).

2.   Member States may decide that interbranch organisations which have been recognised before 2 April 2012 on the basis of national law and which fulfil the conditions laid down in paragraph 1 are to be considered to be recognised as interbranch organisations under Article 157(3).

3.   Where Member States make use of the option to recognise an interbranch organisation in accordance with paragraph 1 or 2, they shall:

3.   Where Member States make use of the option to recognise an interbranch organisation in accordance with paragraph 1 or 2, they shall:

| (a) | decide whether to grant recognition to the interbranch organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters; |
| --- | --- |

(a)

decide whether to grant recognition to the interbranch organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

| (a) | decide whether to grant recognition to the interbranch organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters; |
| --- | --- |

(a)

decide whether to grant recognition to the interbranch organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

| (b) | carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition; |
| --- | --- |

(b)

carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

| (b) | carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition; |
| --- | --- |

(b)

carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

| (c) | in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn; |
| --- | --- |

(c)

in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

| (c) | in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn; |
| --- | --- |

(c)

in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

| (d) | withdraw recognition if: |
| --- | --- |

(d)

withdraw recognition if:

| (d) | withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer fulfilled; |
| --- | --- |

(d)

withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer fulfilled;

| | (i) | the requirements and conditions for recognition laid down in this Article are no longer fulfilled; |
| --- | --- | --- |

(i)

(i)

the requirements and conditions for recognition laid down in this Article are no longer fulfilled;

| | (ii) | the interbranch organisation takes part in any of the agreements, decisions and concerted practices referred to in Article 210(4); such withdrawal of recognition shall be without prejudice to any other penalties to be imposed pursuant to national law; |
| --- | --- | --- |

(ii)

(ii)

the interbranch organisation takes part in any of the agreements, decisions and concerted practices referred to in Article 210(4); such withdrawal of recognition shall be without prejudice to any other penalties to be imposed pursuant to national law;

the interbranch organisation takes part in any of the agreements, decisions and concerted practices referred to in Article 210(4); such withdrawal of recognition shall be without prejudice to any other penalties to be imposed pursuant to national law;

| | (iii) | the interbranch organisation fails to comply with the notification obligation referred to in point (a) of the first subparagraph of Article 210(2)
  ; |
| --- | --- | --- |

(iii)

(iii)

the interbranch organisation fails to comply with the notification obligation referred to in point (a) of the first subparagraph of Article 210(2)
  ;

the interbranch organisation fails to comply with the notification obligation referred to in point (a) of the first subparagraph of Article 210(2)

| (e) | inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year. |
| --- | --- |

(e)

inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

| (e) | inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.’ |
| --- | --- |

(e)

inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.’

Amendment 241

Amendment 241

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 o (new)

Article 1 — paragraph 1 — point 22 o (new)

Regulation (EU) No 1308/2013

Article 163 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22o) | the following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22o)

(22o)

the following article is inserted:

‘
  Article 163a

Article 163a

Recognition of interbranch organisations in the wine sector

Recognition of interbranch organisations in the wine sector

1.
     
  Member States may, on request, recognise interbranch organisations at national level or at the level of a production area, for products in the wine sector, provided that such organisations:

| (a) | are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products; |
| --- | --- |

(a)

(a)

are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products;

are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products;

| (b) | fulfil the requirements laid down in points (b) and (c) of Article 157. |
| --- | --- |

(b)

(b)

fulfil the requirements laid down in points (b) and (c) of Article 157.

fulfil the requirements laid down in points (b) and (c) of Article 157.

For products with a protected designation of origin or protected geographical indication recognised under Union law, the representatives of economic activities referred to in point (a) of the first subparagraph may include applicants as referred to in Article 95.

For products with a protected designation of origin or protected geographical indication recognised under Union law, the representatives of economic activities referred to in point (a) of the first subparagraph may include applicants as referred to in Article 95.

2.
     
  Where Member States make use of the option to recognise interbranch organisations in the wine sector in accordance with paragraph 1 of this Article, Article 158 shall apply mutatis mutandis.’

Amendment 242

Amendment 242

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 p (new)

Article 1 — paragraph 1 — point 22 p (new)

Regulation (EU) No 1308/2013

Article 164

| Present text | Amendment |
| --- | --- |
| | (22p) | Article 164 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22p)

(22p)

Article 164 is replaced by the following:

Article 164

‘Article 164

Extension of rules

Extension of rules

1.   In cases where a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or areas of a Member State is considered to be representative of the production of or trade in, or processing of, a given product, the Member State concerned may, at the request of that organisation, make binding for a limited period of time some of the agreements, decisions or concerted practices agreed within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups, who do not belong to the organisation or association.

1.   In cases where a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or areas of a Member State is considered to be representative of the production of or trade in, or processing of, a given product, the Member State concerned may, at the request of that organisation, make binding for a limited period of time some of the agreements, decisions or concerted practices agreed within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups, who do not belong to the organisation or association.

2.   For the purposes of this Section, an ‘economic area’ means a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous.

2.   For the purposes of this Section, an “economic area” means a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous
  , or, for products with a protected designation of origin or protected geographical indication recognised under Union law, the geographical zone laid down in the product specification
  .

3.   An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State, it accounts for:

3.   An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State, it accounts for:

| (a) | as a proportion of the volume of production of, or of trade in, or of processing of the product or products concerned: |
| --- | --- |

(a)

as a proportion of the volume of production of, or of trade in, or of processing of the product or products concerned:

| (a) | as a proportion of the volume of production of, or of trade in, or of processing of the product or products concerned: |
| --- | --- |

(a)

as a proportion of the volume of production of, or of trade in, or of processing of the product or products concerned:

| | (i) | for producer organisations in the fruit and vegetables sector, at least 60 %, or |
| --- | --- | --- |

(i)

for producer organisations in the fruit and vegetables sector, at least 60 %, or

| | (i) | for producer organisations in the fruit and vegetables sector, at least 60 %, or |
| --- | --- | --- |

(i)

for producer organisations in the fruit and vegetables sector, at least 60 %, or

| | (ii) | in other cases, at least two thirds; and |
| --- | --- | --- |

(ii)

in other cases, at least two thirds; and

| | (ii) | in other cases, at least two thirds; and |
| --- | --- | --- |

(ii)

in other cases, at least two thirds; and

| (b) | in the case of producer organisations, more than 50 % of the producers concerned. |
| --- | --- |

(b)

in the case of producer organisations, more than 50 % of the producers concerned.

| (b) | in the case of producer organisations, more than 50 % of the producers concerned. |
| --- | --- |

(b)

in the case of producer organisations, more than 50 % of the producers concerned.

However, where, in the case of interbranch organisations, the determination of the proportion of the volume of production, or of trade in, or of processing of the product or products concerned gives rise to practical difficulties, a Member State may lay down national rules for determining the specified level of representativeness referred to in point (a)(ii) of the first subparagraph.

However, where, in the case of interbranch organisations, the determination of the proportion of the volume of production, or of trade in, or of processing of the product or products concerned gives rise to practical difficulties, a Member State may lay down national rules for determining the specified level of representativeness referred to in point (a)(ii) of the first subparagraph.

Where the request for an extension of its rules to other operators covers more than one economic area, the organisation or association shall demonstrate the minimum level of representativeness as defined in the first subparagraph for each of the branches it groups in each of the economic areas concerned.

Where the request for an extension of its rules to other operators covers more than one economic area, the organisation or association shall demonstrate the minimum level of representativeness as defined in the first subparagraph for each of the branches it groups in each of the economic areas concerned.

4.   The rules for which extension to other operators may be requested as provided for in paragraph 1 shall have one of the following aims:

4.   The rules for which extension to other operators may be requested as provided for in paragraph 1 shall have one of the following aims:

| (a) | production and market reporting; |
| --- | --- |

(a)

production and market reporting;

| (a) | production and market reporting; |
| --- | --- |

(a)

production and market reporting;

| (b) | stricter production rules than those laid down in Union or national rules; |
| --- | --- |

(b)

stricter production rules than those laid down in Union or national rules;

| (b) | stricter production rules than those laid down in Union or national rules; |
| --- | --- |

(b)

stricter production rules than those laid down in Union or national rules;

| (c) | the drawing up of standard contracts which are compatible with Union rules; |
| --- | --- |

(c)

the drawing up of standard contracts which are compatible with Union rules;

| (c) | the drawing up of standard contracts
  and value-sharing and fair compensation clauses
  which are compatible with Union rules; |
| --- | --- |

(c)

the drawing up of standard contracts
  and value-sharing and fair compensation clauses
  which are compatible with Union rules;

and value-sharing and fair compensation clauses

| (ca) | the drawing up of standard contracts or clauses in the wine sector, which are compatible with Union rules and which may include payment periods longer than 60 days, by way of derogation from Article 3(1) of Directive (EU) 2019/633, for the purchase of bulk wines as part of written multi-year contracts or of contracts which become multi-year between a producer or reseller of wine and its direct purchaser, provided that the clauses relating to those deadlines have been subject to extension before 31 October 2021
  ; |
| --- | --- |

(ca)

(ca)

the drawing up of standard contracts or clauses in the wine sector, which are compatible with Union rules and which may include payment periods longer than 60 days, by way of derogation from Article 3(1) of Directive (EU) 2019/633, for the purchase of bulk wines as part of written multi-year contracts or of contracts which become multi-year between a producer or reseller of wine and its direct purchaser, provided that the clauses relating to those deadlines have been subject to extension before 31 October 2021
  ;

the drawing up of standard contracts or clauses in the wine sector, which are compatible with Union rules and which may include payment periods longer than 60 days, by way of derogation from Article 3(1) of Directive (EU) 2019/633, for the purchase of bulk wines as part of written multi-year contracts or of contracts which become multi-year between a producer or reseller of wine and its direct purchaser, provided that the clauses relating to those deadlines have been subject to extension before 31 October 2021

| (d) | marketing; |
| --- | --- |

(d)

marketing;

| (d) | marketing; |
| --- | --- |

(d)

marketing;

| (e) | protecting the environment; |
| --- | --- |

(e)

protecting the environment;

| (e) | protecting the environment; |
| --- | --- |

(e)

protecting the environment;

| (f) | measures to promote and exploit the potential of products; |
| --- | --- |

(f)

measures to promote and exploit the potential of products;

| (f) | measures to promote and exploit the potential of products; |
| --- | --- |

(f)

measures to promote and exploit the potential of products;

| (g) | measures to protect organic farming as well as designations of origin, quality labels and geographical indications; |
| --- | --- |

(g)

measures to protect organic farming as well as designations of origin, quality labels and geographical indications;

| (g) | measures to protect organic farming as well as designations of origin, quality labels and geographical indications; |
| --- | --- |

(g)

measures to protect organic farming as well as designations of origin, quality labels and geographical indications;

| (h) | research to add value to the products, in particular through new uses which do not pose a threat to public health; |
| --- | --- |

(h)

research to add value to the products, in particular through new uses which do not pose a threat to public health;

| (h) | research to add value to the products, in particular through new uses which do not pose a threat to public health; |
| --- | --- |

(h)

research to add value to the products, in particular through new uses which do not pose a threat to public health;

| (i) | studies to improve the quality of products; |
| --- | --- |

(i)

studies to improve the quality of products;

| (i) | studies to improve the quality of products; |
| --- | --- |

(i)

studies to improve the quality of products;

| (j) | research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and conservation or improvement of the environment; |
| --- | --- |

(j)

research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and conservation or improvement of the environment;

| (j) | research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and conservation or improvement of the environment; |
| --- | --- |

(j)

research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and conservation or improvement of the environment;

| (k) | the definition of minimum
  qualities and definition of minimum
  standards of packing and presentation; |
| --- | --- |

(k)

the definition of minimum
  qualities and definition of minimum
  standards of packing and presentation;

qualities and definition of minimum

| (k) | the definition of minimum standards of packing and presentation; |
| --- | --- |

(k)

the definition of minimum standards of packing and presentation;

| (l) | the use of certified seed
  and
  monitoring of product quality; |
| --- | --- |

(l)

the use of certified seed
  and
  monitoring of product quality;

and

| (l) | the use of certified seed
  for products not falling within the scope of Regulation (EU) 2018/848, and the
  monitoring of product quality; |
| --- | --- |

(l)

the use of certified seed
  for products not falling within the scope of Regulation (EU) 2018/848, and the
  monitoring of product quality;

for products not falling within the scope of Regulation (EU) 2018/848, and the

| (m) | animal health,
  plant health or
  food safety; |
| --- | --- |

(m)

animal health,
  plant health or
  food safety;

plant health or

| (m) | the prevention and management of phyto-sanitary,
  animal health, food safety
  or environmental risks, in particular by setting up mutual funds or by contributing to such funds
  ; |
| --- | --- |

(m)

the prevention and management of phyto-sanitary,
  animal health, food safety
  or environmental risks, in particular by setting up mutual funds or by contributing to such funds
  ;

the prevention and management of phyto-sanitary,

or environmental risks, in particular by setting up mutual funds or by contributing to such funds

| (n) | the management of by-products. |
| --- | --- |

(n)

the management of by-products.

| (n) | the management
  and valorisation
  of by-products; |
| --- | --- |

(n)

the management
  and valorisation
  of by-products;

and valorisation

| (na) | the design, implementation and control of technical standards for the precise evaluation of a product's characteristics
  . |
| --- | --- |

(na)

(na)

the design, implementation and control of technical standards for the precise evaluation of a product's characteristics
  .

the design, implementation and control of technical standards for the precise evaluation of a product's characteristics

Those rules shall not cause any damage to other operators in the Member State concerned or the Union and shall not have any of the effects listed in Article 210(4) or be otherwise incompatible with Union law or national rules in force.

Those rules
  shall be without prejudice to Regulation (EU) 2018/848, where applicable. They
  shall not cause any damage to other operators
  , nor prevent the entry of new operators,
  in the Member State concerned or the Union and shall not have any of the effects listed in Article 210(4) or be otherwise incompatible with Union law or national rules in force.

shall be without prejudice to Regulation (EU) 2018/848, where applicable. They

, nor prevent the entry of new operators,

4a.
     
  When the Commission adopts an implementing act pursuant to Article 222 of this Regulation authorising the non-application of Article 101(1) TFEU to the agreements and decisions referred to in Article 222(1) of this Regulation, such agreements and decisions may be extended under the conditions of this Article.

4b.
     
  Where the Member State extends the rules referred to in paragraph 1, the organisation concerned shall provide for proportionate measures to ensure compliance with the rules of such agreements made mandatory by extension
  .

5.   The extension of the rules referred to in paragraph 1 shall be brought to the attention of operators by publication in full in an official publication of the Member State concerned.

5.   The extension of the rules referred to in paragraph 1 shall be brought to the attention of operators by publication in full in an official publication of the Member State concerned.

6.   Member States shall notify the Commission of any decisions taken under this Article.

6.   Member States shall notify the Commission of any decisions taken under this Article.’

Amendment 123

Amendment 123

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 q (new)

Article 1 — paragraph 1 — point 22 q (new)

Regulation (EU) No 1308/2013

Article 165

| Present text | Amendment |
| --- | --- |
| | (22q) | Article 165 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22q)

(22q)

Article 165 is replaced by the following:

Article 165

‘Article 165

Financial contributions of non-members

Financial contributions of non-members

Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 164 and the activities covered by those rules are in the general economic interest of economic operators whose activities relate to the products concerned, the Member State which has granted recognition may, after consulting the relevant stakeholders, decide that individual economic operators or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs
  directly
  incurred as a result of pursuing
  the
  activities
  in question
  .

directly

the

in question

Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 164 and the activities covered by those rules are in the general economic interest of economic operators whose activities relate to the products concerned, the Member State which has granted recognition may, after consulting the relevant stakeholders, decide that individual economic operators or groups which are not members of the organisation but which benefit
  in practice,
  from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs incurred as a result of pursuing
  one or more
  activities
  referred to in Article 164(4)
  .
  The detailed budgets related to the pursuit of these activities shall be made available in a transparent way so that all contributing economic operators or groups, whether they are members of the organisation or not, can examine them.’

in practice,

one or more

referred to in Article 164(4)

The detailed budgets related to the pursuit of these activities shall be made available in a transparent way so that all contributing economic operators or groups, whether they are members of the organisation or not, can examine them.’

Amendment 124

Amendment 124

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 r (new)

Article 1 — paragraph 1 — point 22 r (new)

Regulation (EU) No 1308/2013

Article 166 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22r) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22r)

(22r)

The following article is inserted:

‘Article 166a

‘Article 166a

Regulation of supply of agricultural products with a protected designation of origin or protected geographical indication other than cheese, wine and ham

Regulation of supply of agricultural products with a protected designation of origin or protected geographical indication other than cheese, wine and ham

1.
     
  Without prejudice to Articles 150, 167 and 172, Member States may, upon the request of a producer organisation recognised under Article 152(1) of this Regulation, an interbranch organisation recognised under Article 157(1) of this Regulation or a group of operators referred to in Article 3(2) of Regulation (EU) No 1151/2012, lay down, for a limited period of time, binding rules for the regulation of the supply of agricultural products benefiting from a protected designation of origin or from a protected geographical indication under Article 5(1) and (2) of Regulation (EU) No 1151/2012 other than cheese, wine and ham.

2.
     
  The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement between the parties in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012.

That agreement shall be concluded between:

That agreement shall be concluded between:

| (a) | at least two-thirds of the producers of that product or of the raw material used to produce that product, or their representatives, in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012; and |
| --- | --- |

(a)

(a)

at least two-thirds of the producers of that product or of the raw material used to produce that product, or their representatives, in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012; and

at least two-thirds of the producers of that product or of the raw material used to produce that product, or their representatives, in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012; and

| (b) | where applicable, at least two-thirds of the processors of that agricultural product representing at least two thirds of the production of that product, or their representatives, in the geographical area referred to in that point. |
| --- | --- |

(b)

(b)

where applicable, at least two-thirds of the processors of that agricultural product representing at least two thirds of the production of that product, or their representatives, in the geographical area referred to in that point.

where applicable, at least two-thirds of the processors of that agricultural product representing at least two thirds of the production of that product, or their representatives, in the geographical area referred to in that point.

In duly justified cases where the levels of representativeness referred to in points (a) and/or (b) of this subparagraph cannot be achieved in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012 or where the determination of the latter poses practical problems, Member States may lay down national rules to determine adequate levels of representativeness and the arrangements for consultation with a view to prior agreement between the parties.

In duly justified cases where the levels of representativeness referred to in points (a) and/or (b) of this subparagraph cannot be achieved in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012 or where the determination of the latter poses practical problems, Member States may lay down national rules to determine adequate levels of representativeness and the arrangements for consultation with a view to prior agreement between the parties.

3.
     
  The rules referred to in paragraph 1:

| (a) | shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of the product concerned to demand; |
| --- | --- |

(a)

(a)

shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of the product concerned to demand;

shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of the product concerned to demand;

| (b) | shall have effect only on the product concerned; |
| --- | --- |

(b)

(b)

shall have effect only on the product concerned;

shall have effect only on the product concerned;

| (c) | may be made binding for no more than three years and may be renewed after this period, following a new request, as referred to in paragraph 1; |
| --- | --- |

(c)

(c)

may be made binding for no more than three years and may be renewed after this period, following a new request, as referred to in paragraph 1;

may be made binding for no more than three years and may be renewed after this period, following a new request, as referred to in paragraph 1;

| (d) | shall not damage the trade in products other than those concerned by those rules; |
| --- | --- |

(d)

(d)

shall not damage the trade in products other than those concerned by those rules;

shall not damage the trade in products other than those concerned by those rules;

| (e) | shall not relate to any transaction after the first marketing of the product concerned; |
| --- | --- |

(e)

(e)

shall not relate to any transaction after the first marketing of the product concerned;

shall not relate to any transaction after the first marketing of the product concerned;

| (f) | shall not allow for price fixing, including where prices are set for guidance or recommendation; |
| --- | --- |

(f)

(f)

shall not allow for price fixing, including where prices are set for guidance or recommendation;

shall not allow for price fixing, including where prices are set for guidance or recommendation;

| (g) | shall not render unavailable an excessive proportion of the product concerned that would otherwise be available; |
| --- | --- |

(g)

(g)

shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;

shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;

| (h) | shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected; |
| --- | --- |

(h)

(h)

shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;

shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;

| (i) | shall contribute to preserving the quality (including in terms of health) and/or to the development of the product concerned. |
| --- | --- |

(i)

(i)

shall contribute to preserving the quality (including in terms of health) and/or to the development of the product concerned.

shall contribute to preserving the quality (including in terms of health) and/or to the development of the product concerned.

4.
     
  The rules referred to in paragraph 1 shall be published in an official publication of the Member State concerned.

5.
     
  Member States shall carry out checks in order to ensure that the conditions laid down in paragraph 3 are complied with, and, where it has been found by the competent national authorities that such conditions have not been complied with, shall repeal the rules referred to in paragraph 1.

6.
     
  Member States shall notify the Commission forthwith of the rules referred to in paragraph 1 which they have adopted. The Commission shall inform other Member States of any notification of such rules.

7.
     
  The Commission may at any time adopt implementing acts requiring that a Member State repeal the rules laid down by that Member State pursuant to paragraph 1 if the Commission finds that those rules do not comply with the conditions laid down in paragraph 3, prevent or distort competition in a substantial part of the internal market or jeopardise free trade or the attainment of the objectives of Article 39 TFEU. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3) of this Regulation.’

Amendment 243

Amendment 243

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 s (new)

Article 1 — paragraph 1 — point 22 s (new)

Regulation (EU) No 1308/2013

Article 167

| Present text | Amendment |
| --- | --- |
| | (22s) | Article 167 is replaced as follows |

Present text

Present text

Amendment

Amendment

(22s)

(22s)

Article 167 is replaced as follows

Article 167

‘Article 167

Marketing rules to improve and stabilise the operation of the common market in wines

Marketing rules to improve and stabilise the operation of the common market in wines

1.   In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by interbranch organisations recognised under Articles
  157
  and 158.

1.   In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by interbranch organisations recognised under Articles
  163a
  and 158.

Such rules shall be proportionate to the objective pursued and shall not:

Such rules shall be proportionate to the objective pursued and shall not:

| (a) | relate to any transaction after the first marketing of the produce concerned; |
| --- | --- |

(a)

relate to any transaction after the first marketing of the produce concerned;

| (a) | relate to any transaction after the first marketing of the produce concerned; |
| --- | --- |

(a)

relate to any transaction after the first marketing of the produce concerned;

| (b) | allow for price fixing, including where prices are set for guidance or recommendation; |
| --- | --- |

(b)

allow for price fixing, including where prices are set for guidance or recommendation;

| (b) | allow for price fixing, including where prices are set for guidance or recommendation; |
| --- | --- |

(b)

allow for price fixing, including where prices are set for guidance or recommendation;

| (c) | render unavailable an excessive proportion of the vintage that would otherwise be available; |
| --- | --- |

(c)

render unavailable an excessive proportion of the vintage that would otherwise be available;

| (c) | render unavailable an excessive proportion of the vintage that would otherwise be available; |
| --- | --- |

(c)

render unavailable an excessive proportion of the vintage that would otherwise be available;

| (d) | provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules. |
| --- | --- |

(d)

provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.

| (d) | provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules. |
| --- | --- |

(d)

provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.

2.   The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned.

2.   The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned.

3.   Member States shall notify the Commission of any decisions taken under this Article.

3.   Member States shall notify the Commission of any decisions taken under this Article.’

Amendment 125

Amendment 125

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 t (new)

Article 1 — paragraph 1 — point 22 t (new)

Regulation (EU) No 1308/2013

Article 167 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22t) | In Title II, Chapter III, Section 4, the following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22t)

(22t)

In Title II, Chapter III, Section 4, the following article is inserted:

‘Article 167a

‘Article 167a

Marketing rules to improve and stabilise the operation of the common olive oil market

Marketing rules to improve and stabilise the operation of the common olive oil market

1.
     
  In order to improve and stabilise the operation of the common market in the olive oil sector, producer Member States may lay down marketing rules to regulate supply.

Such rules shall be proportionate to the objective pursued and shall not:

Such rules shall be proportionate to the objective pursued and shall not:

| (a) | relate to any transaction after the first marketing of the produce concerned; |
| --- | --- |

(a)

(a)

relate to any transaction after the first marketing of the produce concerned;

relate to any transaction after the first marketing of the produce concerned;

| (b) | allow for price fixing, including where prices are set for guidance or recommendation; |
| --- | --- |

(b)

(b)

allow for price fixing, including where prices are set for guidance or recommendation;

allow for price fixing, including where prices are set for guidance or recommendation;

| (c) | render unavailable an excessive proportion of the yield that would otherwise be available. |
| --- | --- |

(c)

(c)

render unavailable an excessive proportion of the yield that would otherwise be available.

render unavailable an excessive proportion of the yield that would otherwise be available.

2.
     
  The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned.

3.
     
  Member States shall notify the Commission of any decisions taken under this Article.’

Amendment 126

Amendment 126

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 u (new)

Article 1 — paragraph 1 — point 22 u (new)

Regulation (EU) No 1308/2013

Article 168

| Present text | Amendment |
| --- | --- |
| | (22u) | Article 168 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22u)

(22u)

Article 168 is replaced by the following:

Article 168

‘Article 168

Contractual relations

Contractual relations

1.   Without prejudice to Article 148 concerning the milk and milk products sector and Article 125 concerning the sugar sector, if a Member State decides, in respect of agricultural products from a sector listed in Article 1(2), other than milk and milk products and sugar:

1.   Without prejudice to Article 148 concerning the milk and milk products sector and Article 125 concerning the sugar sector, if a Member State decides, in respect of agricultural products from a sector listed in Article 1(2), other than milk and milk products and sugar:

| (a) | that every delivery in its territory of those products by a producer to a processor or distributor must be covered by a written contract between the parties; and/or |
| --- | --- |

(a)

that every delivery in its territory of those products by a producer to a processor or distributor must be covered by a written contract between the parties; and/or

| (a) | that every delivery in its territory of those products by a producer to a processor or distributor must be covered by a written contract between the parties; and/or |
| --- | --- |

(a)

that every delivery in its territory of those products by a producer to a processor or distributor must be covered by a written contract between the parties; and/or

| (b) | that the first purchasers must make a written offer for a contract for the delivery in its territory of those agricultural products by the producer, such a contract or such an offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 6 of this Article. |
| --- | --- |

(b)

that the first purchasers must make a written offer for a contract for the delivery in its territory of those agricultural products by the producer, such a contract or such an offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 6 of this Article.

| (b) | that the first purchasers must make a written offer for a contract for the delivery in its territory of those agricultural products by the producer, such a contract or such an offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 6 of this Article. |
| --- | --- |

(b)

that the first purchasers must make a written offer for a contract for the delivery in its territory of those agricultural products by the producer, such a contract or such an offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 6 of this Article.

1a.   Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation or an association of producer organisations, in respect of agricultural products in a sector referred to in Article 1(2) other than the milk, milk products and sugar sector, may require that any delivery of its products to a processor or distributor be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in paragraph 4 and in the first subparagraph of paragraph 6 of this Article.

1a.   Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation or an association of producer organisations, in respect of agricultural products in a sector referred to in Article 1(2) other than the milk, milk products and sugar sector, may require that any delivery of its products to a processor or distributor be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in paragraph 4 and in the first subparagraph of paragraph 6 of this Article.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.

2.   Where the Member State decides that deliveries of the products covered by this Article by a producer to a processor must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if delivery of the products concerned is made through one or more intermediaries.

2.   Where the Member State decides that deliveries of the products covered by this Article by a producer to a processor must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if delivery of the products concerned is made through one or more intermediaries.

Member States shall ensure that the provisions that they adopt under this Article do not impair the proper functioning of the internal market.

Member States shall ensure that the provisions that they adopt under this Article do not impair the proper functioning of the internal market.

3.   In the case described in paragraph 2, the Member State may establish a mediation mechanism to cover cases in which there is no mutual agreement to conclude such a contract, thereby ensuring fair contractual relations.

3.   In the case described in paragraph 2, the Member State may establish a mediation mechanism to cover cases in which there is no mutual agreement to conclude such a contract, thereby ensuring fair contractual relations.

4.   Any contract or offer for a contract referred to in paragraphs 1 and 1a shall:

4.   Any contract or offer for a contract referred to in paragraphs 1 and 1a shall:

| (a) | be made in advance of the delivery; |
| --- | --- |

(a)

be made in advance of the delivery;

| (a) | be made in advance of the delivery; |
| --- | --- |

(a)

be made in advance of the delivery;

| (b) | be made in writing; and |
| --- | --- |

(b)

be made in writing; and

| (b) | be made in writing; and |
| --- | --- |

(b)

be made in writing; and

| (c) | include, in particular, the following elements: |
| --- | --- |

(c)

include, in particular, the following elements:

| (c) | include, in particular, the following elements: |
| --- | --- |

(c)

include, in particular, the following elements:

| | (i) | the price payable for the delivery, which shall:— be static and be set out in the contract, and/or— be calculated by combining various factors set out in the contract, which may include
  market
  indicators reflecting changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered, |
| --- | --- | --- |

(i)

the price payable for the delivery, which shall:— be static and be set out in the contract, and/or— be calculated by combining various factors set out in the contract, which may include
  market
  indicators reflecting changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered,

market

| | (i) | the price payable for the delivery, which shall:— be static and be set out in the contract, and/or— be calculated by combining various factors set out in the contract, which may include
  objective
  indicators
  of production and market costs that are easily accessible and comprehensible
  reflecting changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered
  . To that effect
  ,
  Member States which have decided to apply paragraph 1 may determine indicators, in accordance with objective criteria and based on studies carried out on production and the food chain, in order to determine those at any time. |
| --- | --- | --- |

(i)

the price payable for the delivery, which shall:— be static and be set out in the contract, and/or— be calculated by combining various factors set out in the contract, which may include
  objective
  indicators
  of production and market costs that are easily accessible and comprehensible
  reflecting changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered
  . To that effect
  ,
  Member States which have decided to apply paragraph 1 may determine indicators, in accordance with objective criteria and based on studies carried out on production and the food chain, in order to determine those at any time.

objective

of production and market costs that are easily accessible and comprehensible

. To that effect

Member States which have decided to apply paragraph 1 may determine indicators, in accordance with objective criteria and based on studies carried out on production and the food chain, in order to determine those at any time.

| | (ii) | the quantity and quality of the products concerned which may or must be delivered and the timing of such deliveries, |
| --- | --- | --- |

(ii)

the quantity and quality of the products concerned which may or must be delivered and the timing of such deliveries,

| | (ii) | the quantity and quality of the products concerned which may or must be delivered and the timing of such deliveries, |
| --- | --- | --- |

(ii)

the quantity and quality of the products concerned which may or must be delivered and the timing of such deliveries,

| | (iii) | the duration of the contract, which may include either a definite duration or an indefinite duration with termination clauses, |
| --- | --- | --- |

(iii)

the duration of the contract, which may include either a definite duration or an indefinite duration with termination clauses,

| | (iii) | the duration of the contract, which may include either a definite duration or an indefinite duration with termination clauses, |
| --- | --- | --- |

(iii)

the duration of the contract, which may include either a definite duration or an indefinite duration with termination clauses,

| | (iv) | details regarding payment periods and procedures, |
| --- | --- | --- |

(iv)

details regarding payment periods and procedures,

| | (iv) | details regarding payment periods and procedures, |
| --- | --- | --- |

(iv)

details regarding payment periods and procedures,

| | (v) | arrangements for collecting or delivering the agricultural products, and |
| --- | --- | --- |

(v)

arrangements for collecting or delivering the agricultural products, and

| | (v) | arrangements for collecting or delivering the agricultural products, and |
| --- | --- | --- |

(v)

arrangements for collecting or delivering the agricultural products, and

| | (vi) | rules applicable in the event of force majeure. |
| --- | --- | --- |

(vi)

rules applicable in the event of force majeure.

| | (vi) | rules applicable in the event of force majeure. |
| --- | --- | --- |

(vi)

rules applicable in the event of force majeure.

5.   By way of derogation from paragraphs 1 and 1a, a contract or an offer for a contract shall not be required where the products concerned are delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in, or derived from, these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 4.

5.   By way of derogation from paragraphs 1 and 1a, a contract or an offer for a contract shall not be required where the products concerned are delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in, or derived from, these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 4.

6.   All elements of contracts for the delivery of agricultural products concluded by producers, collectors, processors or distributors, including those elements referred to in point (c) of paragraph 4, shall be freely negotiated between the parties. Notwithstanding the first subparagraph, one or both of the following shall apply:

6.   All elements of contracts for the delivery of agricultural products concluded by producers, collectors, processors or distributors, including those elements referred to in point (c) of paragraph 4, shall be freely negotiated between the parties. Notwithstanding the first subparagraph, one or both of the following shall apply:

| (a) | where a Member State decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1, it may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market; |
| --- | --- |

(a)

where a Member State decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1, it may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market;

| (a) | where a Member State decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1, it may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market; |
| --- | --- |

(a)

where a Member State decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1, it may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market;

| (b) | where a Member State decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market. |
| --- | --- |

(b)

where a Member State decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market.

| (b) | where a Member State decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market. |
| --- | --- |

(b)

where a Member State decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market.

The second subparagraph shall be without prejudice to the producer's right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract, including those elements referred to in point (c) of paragraph 4.

The second subparagraph shall be without prejudice to the producer's right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract, including those elements referred to in point (c) of paragraph 4.

7.   Member States which make use of the options referred to in this Article shall ensure that the provisions set in place do not impair the proper functioning of the internal market.Member States shall notify the Commission of how they apply any measures introduced under this Article.

7.   Member States which make use of the options referred to in this Article shall ensure that the provisions set in place do not impair the proper functioning of the internal market.Member States shall notify the Commission of how they apply any measures introduced under this Article.

8.   The Commission may adopt implementing acts laying down the measures necessary for the uniform application of points (a) and (b) of paragraph 4 and paragraph 5 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article.

8.   The Commission may adopt implementing acts laying down the measures necessary for the uniform application of points (a) and (b) of paragraph 4 and paragraph 5 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

Amendment 127

Amendment 127

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 v (new)

Article 1 — paragraph 1 — point 22 v (new)

Regulation (EU) No 1308/2013

Article 172 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | (22v) | In Article 172, paragraph 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22v)

(22v)

In Article 172, paragraph 2 is replaced by the following:

2.   The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement between the parties in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012. Such an agreement shall be concluded, after consultation with pig producers in the geographical area, between at least two thirds of the processors of that ham representing at least two thirds of the production of that ham in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012 and, if considered to be appropriate by the Member State, at least two thirds of the pig producers in the geographical area referred to in
  point (c) of Article 7(1) of Regulation (EU) No 1151/2012
  .

‘2.   The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement between the parties in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012. Such an agreement shall be concluded, after consultation with pig producers in the geographical area, between at least two thirds of the processors of that ham representing at least two thirds of the production of that ham
  , or their representatives,
  in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012 and, if considered to be appropriate by the Member State, at least two thirds of the pig producers in the geographical area referred to
  in that point
  .’

Amendment 244

Amendment 244

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 w (new)

Article 1 — paragraph 1 — point 22 w (new)

Regulation (EU) No 1308/2013

Article 172 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22w) | the following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22w)

(22w)

the following article is inserted:

‘
  Article 172a

Value sharing for interbranch organisations

Without prejudice to any specific value-sharing clauses in the sugar sector, farmers, including associations of farmers and their first purchaser as well as one or more undertakings, each of which operates at a different level of the production, processing, or distribution chain, may agree on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices for the products concerned or other commodity markets is to be allocated between them taking into account production costs.’

Amendment 245

Amendment 245

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 x (new)

Article 1 — paragraph 1 — point 22 x (new)

Regulation (EU) No 1308/2013

Article 172 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22x) | the following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22x)

(22x)

the following article is inserted:

‘
  Article 172b

Article 172b

Value sharing for products with a protected designation of origin or protected geographical indication

Value sharing for products with a protected designation of origin or protected geographical indication

For products with a protected designation of origin or a protected geographical indication recognised under Union law, interbranch organisations recognised under Article 157 may adopt rules on value sharing between operators at the different stages of production and, where appropriate, of processing and marketing, for which they may, by way of derogation from Article 101(1) TFEU, request extension on the basis of Article 164(1) of this Regulation.

For products with a protected designation of origin or a protected geographical indication recognised under Union law, interbranch organisations recognised under Article 157 may adopt rules on value sharing between operators at the different stages of production and, where appropriate, of processing and marketing, for which they may, by way of derogation from Article 101(1) TFEU, request extension on the basis of Article 164(1) of this Regulation.

Such extended agreements, decisions or concerted practices shall be proportionate to the objective pursued and shall not:

Such extended agreements, decisions or concerted practices shall be proportionate to the objective pursued and shall not:

| (a) | entail the fixing of prices of the final products sold to consumers; |
| --- | --- |

(a)

(a)

entail the fixing of prices of the final products sold to consumers;

entail the fixing of prices of the final products sold to consumers;

| (b) | eliminate competition in respect of a substantial proportion of the products in question; |
| --- | --- |

(b)

(b)

eliminate competition in respect of a substantial proportion of the products in question;

eliminate competition in respect of a substantial proportion of the products in question;

| (c) | create an excessive imbalance between the different stages of the value chain of the sector in question.’ |
| --- | --- |

(c)

(c)

create an excessive imbalance between the different stages of the value chain of the sector in question.’

create an excessive imbalance between the different stages of the value chain of the sector in question.’

Amendment 130

Amendment 130

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 y (new)

Article 1 — paragraph 1 — point 22 y (new)

Regulation (EU) No 1308/2013

Article 173 — paragraph 1 — point b

| Present text | Amendment |
| --- | --- |
| | (22y) | In Article 173(1), point (b) is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22y)

(22y)

In Article 173(1), point (b) is replaced by the following:

| (b) | the rules of such organisations and associations, the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors, including derogations from the obligation to market the entire production through the producer organisation referred to in the second paragraph of Article 160, the structure, membership period, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; |
| --- | --- |

(b)

the rules of such organisations and associations, the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors, including derogations from the obligation to market the entire production through the producer organisation referred to in the second paragraph of Article 160, the structure, membership period, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers;

| ‘(b) | the rules of such organisations and associations, the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors, including
  the
  derogation from the obligation to market the entire production through the producer organisation referred to in the
  second sub-paragraph
  of Article 160
  (1a) by fixing the percentages referred in paragraphs 2 and 3 of that Article as well as the categories of products from paragraph 1a thereof to which those percentages are to apply
  , the structure, membership period, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers;’ |
| --- | --- |

‘(b)

the rules of such organisations and associations, the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors, including
  the
  derogation from the obligation to market the entire production through the producer organisation referred to in the
  second sub-paragraph
  of Article 160
  (1a) by fixing the percentages referred in paragraphs 2 and 3 of that Article as well as the categories of products from paragraph 1a thereof to which those percentages are to apply
  , the structure, membership period, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers;’

the

second sub-paragraph

(1a) by fixing the percentages referred in paragraphs 2 and 3 of that Article as well as the categories of products from paragraph 1a thereof to which those percentages are to apply

Amendment 131

Amendment 131

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 z (new)

Article 1 — paragraph 1 — point 22 z (new)

Regulation (EU) No 1308/2013

Article 176 — paragraph 3

| Present text | Amendment |
| --- | --- |
| | (22z) | in Article 176, paragraph 3 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22z)

(22z)

in Article 176, paragraph 3 is replaced by the following:

3.   Licences shall be valid throughout the Union.

‘3.   Licences shall be valid throughout the Union.
  All information pertaining to applicants, collected by Member States for the issue of certificates, shall be communicated to the Commission every month.’

Amendment 133

Amendment 133

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 a a (new)

Article 1 — paragraph 1 — point 22 a a (new)

Regulation (EU) No 1308/2013

Article 182 — paragraph 1 — subparagraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22aa) | in the first subparagraph of Article 182(1), the following point is added: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22aa)

(22aa)

in the first subparagraph of Article 182(1), the following point is added:

| ‘(ba) | the volume of imports in a given year at preferential rates agreed upon between the Union and third countries in the scope of free-trade agreements exceeds a certain level (“market exposure volume”).’ |
| --- | --- |

‘(ba)

‘(ba)

the volume of imports in a given year at preferential rates agreed upon between the Union and third countries in the scope of free-trade agreements exceeds a certain level (“market exposure volume”).’

the volume of imports in a given year at preferential rates agreed upon between the Union and third countries in the scope of free-trade agreements exceeds a certain level (“market exposure volume”).’

Amendment 134

Amendment 134

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 a b (new)

Article 1 — paragraph 1 — point 22 a b (new)

Regulation (EU) No 1308/2013

Article 182 — paragraph 1 — subparagraph 1 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22ab) | In the first subparagraph of Article 182(1), the following point is added: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22ab)

(22ab)

In the first subparagraph of Article 182(1), the following point is added:

| ‘(bb) | non-compliance with Union standards in terms of plant protection and animal welfare by third countries.’ |
| --- | --- |

‘(bb)

‘(bb)

non-compliance with Union standards in terms of plant protection and animal welfare by third countries.’

non-compliance with Union standards in terms of plant protection and animal welfare by third countries.’

Amendment 135

Amendment 135

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 a c (new)

Article 1 — paragraph 1 — point 22 a c (new)

Regulation (EU) No 1308/2013

Article 182 — paragraph 1 — subparagraph 2

| Present text | Amendment |
| --- | --- |
| | (22ac) | In Article 182(1), the second subparagraph is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22ac)

(22ac)

In Article 182(1), the second subparagraph is replaced by the following:

The trigger volume shall be based on market access opportunities defined as imports expressed as a percentage of the corresponding domestic consumption during the three previous years.

‘The trigger volume shall be based on market access opportunities defined as imports expressed as a percentage of the corresponding domestic consumption during the three previous years.
  It shall regularly be redefined to take changes in the size of the Union market into account. The trigger price shall regularly be redefined to take developments in global markets and production costs into account.’

Amendment 136

Amendment 136

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 a d (new)

Article 1 — paragraph 1 — point 22 a d (new)

Regulation (EU) No 1308/2013

Article 182 — paragraph 1 — subparagraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22ad) | In Article 182(1), the following subparagraph is added: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22ad)

(22ad)

In Article 182(1), the following subparagraph is added:

‘The market exposure volume shall be based on imports at preferential rates expressed as a percentage of the total level of market exposure that can be borne by the sectors concerned.’

Amendment 137

Amendment 137

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 22 a e (new)

Article 1 — paragraph 1 — point 22 a e (new)

Regulation (EU) No 1308/2013

Article 184 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | (22ae) | In Article 184, paragraph 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(22ae)

(22ae)

In Article 184, paragraph 2 is replaced by the following:

2.   Tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned, by applying one of the following methods or a combination of them or another appropriate method:

‘2.   Tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned, by applying one of the following methods or a combination of them or another appropriate method:

| (a) | a method based on the chronological order of the submission of applications (‘first come, first served’ principle); |
| --- | --- |

(a)

a method based on the chronological order of the submission of applications (‘first come, first served’ principle);

| (a) | a method based on the chronological order of the submission of applications (“first come, first served” principle); |
| --- | --- |

(a)

a method based on the chronological order of the submission of applications (“first come, first served” principle);

| (b) | a method of distribution in proportion to the quantities requested when the applications were submitted (the ‘simultaneous examination method’); |
| --- | --- |

(b)

a method of distribution in proportion to the quantities requested when the applications were submitted (the ‘simultaneous examination method’);

| (b) | a method of distribution in proportion to the quantities requested when the applications were submitted (the “simultaneous examination method”); |
| --- | --- |

(b)

a method of distribution in proportion to the quantities requested when the applications were submitted (the “simultaneous examination method”);

| (c) | a method based on taking traditional trade patterns into account (the ‘traditional/newcomers method’). |
| --- | --- |

(c)

a method based on taking traditional trade patterns into account (the ‘traditional/newcomers method’).

| (c) | a method based on taking traditional trade patterns into account (the “traditional/newcomers method”). |
| --- | --- |

(c)

a method based on taking traditional trade patterns into account (the “traditional/newcomers method”).

| (d) | a method enabling distribution to a diversity of operators, including by taking into account relevant social and environmental standards, such as the fundamental ILO Conventions, and multilateral environmental agreements to which the Union is a party.’ |
| --- | --- |

(d)

(d)

a method enabling distribution to a diversity of operators, including by taking into account relevant social and environmental standards, such as the fundamental ILO Conventions, and multilateral environmental agreements to which the Union is a party.’

a method enabling distribution to a diversity of operators, including by taking into account relevant social and environmental standards, such as the fundamental ILO Conventions, and multilateral environmental agreements to which the Union is a party.’

Amendment 138

Amendment 138

Proposal for a regulation

Proposal for a regulation

Article 1– paragraph 1 — point 22 a f (new)

Article 1– paragraph 1 — point 22 a f (new)

Regulation (EU) No 1308/2013

Article 188 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22af) | in Chapter III, the following article is added: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22af)

(22af)

in Chapter III, the following article is added:

‘Article 188a

Import of agriculture and agri-food products from third countries

Agriculture and agri-food products may only be imported from third countries if they comply with production standards and obligations consistent with those adopted, in particular in the field of environmental and health protection, for the same products harvested in the Union or made from such products. The Commission may adopt implementing acts laying down rules on compliance applicable to operators with regard to imports, taking into account reciprocity agreements with third countries. Those implementing acts shall be adopted in accordance with examination procedure referred to in Article 229(2).’

Amendment 139

Amendment 139

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 23

Article 1 — paragraph 1 — point 23

Regulation (EU) No 1308/2013

Article 189

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | Article 189 is deleted. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(23)

(23)

Article 189 is deleted.

deleted

deleted

Amendment 140

Amendment 140

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 a (new)

Article 1 — paragraph 1 — point 26 a (new)

Regulation (EU) No 1308/2013

Article 206

| Present text | Amendment |
| --- | --- |
| | (26a) | Article 206 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(26a)

(26a)

Article 206 is replaced by the following:

Article 206

‘Article 206

Commission guidelines on the application of competition rules to agriculture

Commission guidelines on the application of competition rules to agriculture

Save as otherwise provided in this Regulation, and in accordance with Article 42 TFEU, Articles 101 to 106 TFEU and the implementing provisions thereto shall, subject to Articles 207 to 210 of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 TFEU which relate to the production of, or trade in, agricultural products.

Save as otherwise provided in this Regulation, and in accordance with Article 42 TFEU, Articles 101 to 106 TFEU and the implementing provisions thereto shall, subject to Articles 207 to 210 of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 TFEU which relate to the production of, or trade in, agricultural products.

In order to ensure the functioning of the internal market and the uniform application of Union competition rules, the Commission and the competition authorities of the Member States shall
  apply
  the Union competition rules
  in close cooperation
  .

apply

in close cooperation

In order to ensure the functioning of the internal market and the uniform
  interpretation and
  application of Union competition rules, the Commission and the competition authorities of the Member States shall
  cooperate closely and, as far as possible, shall coordinate their actions when applying
  the Union competition rules.

interpretation and

cooperate closely and, as far as possible, shall coordinate their actions when applying

In addition, the Commission shall, where appropriate, publish guidelines to assist the national competition authorities, as well as undertakings.

In addition, the Commission shall, where appropriate, publish guidelines to assist the national competition authorities, as well as undertakings.’

Amendment 246

Amendment 246

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 b (new)

Article 1 — paragraph 1 — point 26 b (new)

Regulation (EU) No 1308/2013

Part IV — Chapter I — Article 206 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26b) | the following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26b)

(26b)

the following article is inserted:

‘
  Article 206a

Article 206a

Resale at a loss

Resale at a loss

1.
     
  Agricultural products from a sector listed in Article 1(2) shall not be resold at a loss.

2.
     
  Exemptions from paragraph 1 concerning cases where resale of agricultural products at a loss for the purpose of avoiding food waste may be allowed by Member States in duly justified cases.

In order to ensure a level playing field, the Commission is empowered to adopt delegated acts in accordance with Article 227 supplementing this Regulation by laying down the criteria for exemptions related to food waste referred to in the first subparagraph.

In order to ensure a level playing field, the Commission is empowered to adopt delegated acts in accordance with Article 227 supplementing this Regulation by laying down the criteria for exemptions related to food waste referred to in the first subparagraph.

3.
     
  For the purposes of this Article:

| (a) | “resale at a loss” means the sale of agricultural products below the net purchase price, net purchase price being understood as the purchase price as per invoice, plus the transport costs and the taxes charged on the transaction, less the proportional part of all financial benefits granted by the supplier to the buyer; |
| --- | --- |

(a)

(a)

“resale at a loss” means the sale of agricultural products below the net purchase price, net purchase price being understood as the purchase price as per invoice, plus the transport costs and the taxes charged on the transaction, less the proportional part of all financial benefits granted by the supplier to the buyer;

“resale at a loss” means the sale of agricultural products below the net purchase price, net purchase price being understood as the purchase price as per invoice, plus the transport costs and the taxes charged on the transaction, less the proportional part of all financial benefits granted by the supplier to the buyer;

| (b) | “food waste” means all food as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council that has become waste.’ |
| --- | --- |

(b)

(b)

“food waste” means all food as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council that has become waste.’

“food waste” means all food as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council that has become waste.’

Amendment 141

Amendment 141

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 c (new)

Article 1 — paragraph 1 — point 26 c (new)

Regulation (EU) No 1308/2013

Article 207

| Present text | Amendment |
| --- | --- |
| | (26c) | Article 207 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(26c)

(26c)

Article 207 is replaced by the following:

Article 207

‘Article 207

Relevant market

Relevant market

The definition of the relevant market is a tool to identify and define the boundaries of competition between undertakings, and shall be founded on two cumulative elements:

The definition of the relevant market is a tool to identify and define the boundaries of competition between undertakings, and shall be founded on two cumulative elements:

| (a) | the relevant product market:for the purposes of this Chapter, ‘product market’ means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products' characteristics, their prices and their intended use; |
| --- | --- |

(a)

the relevant product market:for the purposes of this Chapter, ‘product market’ means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products' characteristics, their prices and their intended use;

| (a) | the relevant product market: for the purposes of this Chapter, “product market” means the market comprising all those products which are regarded as interchangeable or substitutable
  by the customer and
  by the consumer by reason of the products’ characteristics, their prices and their intended use; |
| --- | --- |

(a)

the relevant product market: for the purposes of this Chapter, “product market” means the market comprising all those products which are regarded as interchangeable or substitutable
  by the customer and
  by the consumer by reason of the products’ characteristics, their prices and their intended use;

by the customer and

| (b) | the relevant geographic market: for the purposes of this Chapter, ‘geographic market’ means the market comprising the area in which the undertakings concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas. |
| --- | --- |

(b)

the relevant geographic market: for the purposes of this Chapter, ‘geographic market’ means the market comprising the area in which the undertakings concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas.

| (b) | the relevant geographic market: for the purposes of this Chapter, “geographic market” means the market comprising the area in which the undertakings concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas.’ |
| --- | --- |

(b)

the relevant geographic market: for the purposes of this Chapter, “geographic market” means the market comprising the area in which the undertakings concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas.’

Amendment 142

Amendment 142

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 d (new)

Article 1 — paragraph 1 — point 26 d (new)

Regulation (EU) No 1308/2013

Article 208

| Present text | Amendment |
| --- | --- |
| | (26d) | Article 208 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(26d)

(26d)

Article 208 is replaced by the following:

Article 208

‘Article 208

Dominant position

Dominant position

For the purposes of this Chapter, ‘dominant position’ means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of consumers.

For the purposes of this Chapter, “dominant position” means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors,
  suppliers,
  customers and ultimately of consumers.’

suppliers,

Amendment 143

Amendment 143

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 e (new)

Article 1 — paragraph 1 — point 26 e (new)

Regulation (EU) No 1308/2013

Article 210

| Present text | Amendment |
| --- | --- |
| | (26e) | Article 210 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(26e)

(26e)

Article 210 is replaced by the following:

Article 210

‘Article 210

Agreements and concerted practices of recognised interbranch organisations

Agreements and concerted practices of recognised interbranch organisations

1.   Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation
  with the object of carrying out the activities
  listed in point (c) of Article 157(1)
  and, for the milk and milk products sector, in point (c) of Article 157(3)
  of this Regulation, and, for the olive oil and table olives and tobacco sectors, in Article 162 of this Regulation.

1.   Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation
  which are necessary in order to meet the objectives
  listed in point(c) of Article 157(1) of this Regulation, and, for the olive oil and table olives and tobacco sectors, in Article 162 of this Regulation.

Agreements, decisions and concerted practices which fulfil the conditions referred to in the first subparagraph of this
  paragraph 1 shall apply
  without any prior decision to that effect being required. However, interbranch organisations recognised under Article 157 of this Regulation may ask the Commission for an opinion on the compatibility of these agreements, decision and concerted practices with the objectives listed in Article 39 TFEU. The Commission shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The Commission may, at its own initiative or at the request of a Member State, change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.

Agreements, decisions and concerted practices which fulfil the conditions referred to in the first subparagraph of this

without any prior decision to that effect being required. However, interbranch organisations recognised under Article 157 of this Regulation may ask the Commission for an opinion on the compatibility of these agreements, decision and concerted practices with the objectives listed in Article 39 TFEU. The Commission shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The Commission may, at its own initiative or at the request of a Member State, change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.

2.   
  Paragraph 1 shall apply provided that:

2.   
  Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation which concern activities other than the objectives listed in point (c) of Article 157(1), and, for the olive oil and table olives and tobacco sectors, in Article 162 of this Regulation
  provided that:

| (a) | the agreements, decisions and concerted practices referred to therein have been notified to the Commission; and |
| --- | --- |

(a)

the agreements, decisions and concerted practices referred to therein have been notified to the Commission; and

| (a) | the agreements, decisions and concerted practices referred to therein have been notified to the Commission; and |
| --- | --- |

(a)

the agreements, decisions and concerted practices referred to therein have been notified to the Commission; and

| (b) | within two months of receipt of all the details required the Commission has not found that those agreements, decisions or concerted practices are incompatible with Union rules. |
| --- | --- |

(b)

within two months of receipt of all the details required the Commission has not found that those agreements, decisions or concerted practices are incompatible with Union rules.

| (b) | within two months of receipt of all the details required the Commission has not found that those agreements, decisions or concerted practices are incompatible with Union rules. |
| --- | --- |

(b)

within two months of receipt of all the details required the Commission has not found that those agreements, decisions or concerted practices are incompatible with Union rules.

Where the Commission finds that the agreements, decisions or concerted practices referred to in paragraph
  1
  are incompatible with Union rules, it shall set out its finding without applying the procedure referred to in Article 229(2) or (3).

1

Where the Commission finds that the agreements, decisions or concerted practices referred to in paragraph
  2
  are incompatible with Union rules, it shall set out its finding without applying the procedure referred to in Article 229(2) or (3).

2

3.   The agreements, decisions and concerted practices referred to in paragraph
  1 may not be put into
  effect
  before the lapse of
  the two-month period referred to in point (b) of the first subparagraph of paragraph 2.

3.   The agreements, decisions and concerted practices referred to in paragraph
  2 shall take
  effect
  when
  the two-month period referred to in point (b) of the first subparagraph of paragraph 2
  has elapsed
  .

4.   Agreements, decisions and concerted practices shall in any case be
  declared
  incompatible with Union rules if they:

4.   Agreements, decisions and concerted practices shall in any case be incompatible with Union rules if they:

| (a) | may lead to the partitioning of markets within the Union in any form; |
| --- | --- |

(a)

may lead to the partitioning of markets within the Union in any form;

| (a) | may lead to the partitioning of markets within the Union in any form; |
| --- | --- |

(a)

may lead to the partitioning of markets within the Union in any form;

| (b) | may affect the sound operation of the market organisation; |
| --- | --- |

(b)

may affect the sound operation of the market organisation;

| (b) | may affect the sound operation of the market organisation; |
| --- | --- |

(b)

may affect the sound operation of the market organisation;

| (c) | may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity; |
| --- | --- |

(c)

may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity;

| (c) | may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity; |
| --- | --- |

(c)

may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity;

| (d) | entail the
  fixing of prices or the fixing of quotas
  ; |
| --- | --- |

(d)

entail the
  fixing of prices or the fixing of quotas
  ;

fixing of prices or the fixing of quotas

| (d) | entail the
  obligation to apply a fixed price or fixed volumes
  ; |
| --- | --- |

(d)

entail the
  obligation to apply a fixed price or fixed volumes
  ;

obligation to apply a fixed price or fixed volumes

| (e) | may create discrimination or eliminate competition in respect of a substantial proportion of the products in question. |
| --- | --- |

(e)

may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

| (e) | may create discrimination or eliminate competition in respect of a substantial proportion of the products in question. |
| --- | --- |

(e)

may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

5.   If, following the expiry of the two-month period referred to in point (b) of the first subparagraph of paragraph 2,
  the Commission finds that the conditions for applying
  paragraph
  1 have not been met
  , it shall, without applying the procedure referred to in Article 229(2) or (3), take a decision declaring that Article 101(1) TFEU applies to the agreement, decision or concerted practice in question.

5.   If
  the Commission finds that the conditions for applying paragraph 1 or
  following the expiry of the two-month period referred to in point (b) of the first subparagraph of paragraph 2,
  those referred to in
  paragraph
  2 are not or no longer fulfilled
  , it shall, without applying the procedure referred to in Article 229(2) or (3), take a decision declaring that
  in the future
  Article 101(1) TFEU applies to the agreement, decision or concerted practice in question.

That Commission decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in
  paragraph 1
  .

paragraph 1

That Commission decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in
  paragraph 1 or paragraph 2
  .

paragraph 1 or paragraph 2

6.   In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time.

6.   In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time.

7.   The Commission may adopt implementing acts laying down the measures necessary for the uniform application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

7.   The Commission may adopt implementing acts laying down the measures necessary for the uniform application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

Amendment 144

Amendment 144

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 f (new)

Article 1 — paragraph 1 — point 26 f (new)

Regulation (EU) No 1308/2013

Article 210 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26f) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26f)

(26f)

The following article is inserted:

‘Article 210a

‘Article 210a

Vertical initiatives for sustainability

Vertical initiatives for sustainability

1.
     
  Article 101(1) TFEU shall not apply to vertical agreements, decisions and concerted practices relating to the products referred to in Article 1(2) aiming to apply environmental, animal health or animal welfare standards higher than those mandatory under Union or national legislation, provided that the advantages for the public interest that they bring about outweigh the disadvantages as regards consumers and provided that they only impose the restrictions indispensable to the attainment of their objective.

2.
     
  Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices referred to in paragraph 1 provided that:

| (a) | the agreements, decisions and concerted practices referred to therein have been notified to the Commission; and |
| --- | --- |

(a)

(a)

the agreements, decisions and concerted practices referred to therein have been notified to the Commission; and

the agreements, decisions and concerted practices referred to therein have been notified to the Commission; and

| (b) | within two months of receipt of all the details required the Commission has not found that those agreements, decisions or concerted practices are incompatible with Union rules. |
| --- | --- |

(b)

(b)

within two months of receipt of all the details required the Commission has not found that those agreements, decisions or concerted practices are incompatible with Union rules.

within two months of receipt of all the details required the Commission has not found that those agreements, decisions or concerted practices are incompatible with Union rules.

Where the Commission finds that the agreements, decisions or concerted practices referred to in paragraph 1 are incompatible with Union rules, it shall set out its finding without applying the procedure referred to in Article 229(2) or (3).’

Where the Commission finds that the agreements, decisions or concerted practices referred to in paragraph 1 are incompatible with Union rules, it shall set out its finding without applying the procedure referred to in Article 229(2) or (3).’

Amendment 145

Amendment 145

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 g (new)

Article 1 — paragraph 1 — point 26 g (new)

Regulation (EU) No 1308/2013

Article 214a

| Present text | Amendment |
| --- | --- |
| | (26 g) | Article 214a is replaced by the following: |

Present text

Present text

Amendment

Amendment

(26 g)

(26 g)

Article 214a is replaced by the following:

Article 214a

‘Article 214a

National payments for certain sectors in Finland

National payments for certain sectors in Finland

Subject to authorisation by the Commission, for the period
  2014-2020,
  Finland may continue to grant national aids which it granted in
  2013
  to producers
  on the basis of Article 141 of the 1994 Act of Accession,
  provided that:

2014-2020,

2013

on the basis of Article 141 of the 1994 Act of Accession,

Subject to authorisation by the Commission, for the period
  2021-2027,
  Finland may continue to grant national aids which it granted in
  2020
  to producers provided that:

2021-2027,

2020

| (a) | the amount of income aid is degressive over the whole period
  and in 2020 does not exceed 30 % of the amount granted in 2013;
  and |
| --- | --- |

(a)

the amount of income aid is degressive over the whole period
  and in 2020 does not exceed 30 % of the amount granted in 2013;
  and

and in 2020 does not exceed 30 % of the amount granted in 2013;

| (a) | the
  total
  amount of income aid is degressive over the whole period, and |
| --- | --- |

(a)

the
  total
  amount of income aid is degressive over the whole period, and

total

| (b) | prior to any recourse to this possibility, full use has been made of the support schemes under the CAP for the sectors concerned. |
| --- | --- |

(b)

prior to any recourse to this possibility, full use has been made of the support schemes under the CAP for the sectors concerned.

| (b) | prior to any recourse to this possibility, full use has been made of the support schemes under the CAP for the sectors concerned. |
| --- | --- |

(b)

prior to any recourse to this possibility, full use has been made of the support schemes under the CAP for the sectors concerned.

The Commission shall adopt its authorisation without applying the procedure referred to in Article 229
  (2) or (3)
  of this Regulation.

(2) or (3)

The Commission shall adopt its authorisation without applying the procedure referred to in Article 229 of this Regulation.’

Amendment 146

Amendment 146

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 h (new)

Article 1 — paragraph 1 — point 26 h (new)

Regulation (EU) No 1308/2013

Part IV — Chapter II a (new) — Article 218 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26 h) | In Part IV, the following chapter and article are inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26 h)

(26 h)

In Part IV, the following chapter and article are inserted:

Article 218a

Article 218a

EU Observatory of agricultural markets

EU Observatory of agricultural markets

1.
     
  In order to improve transparency within the agri-food supply chain, to illuminate the choices of economic operators and all public authorities and to facilitate the identification and recording of market developments, the Commission shall establish an EU observatory of agricultural markets (“the Observatory”).

2.
     
  The Observatory shall cover, as a minimum, the following agricultural sectors as defined in Article 1(1):

| (a) | cereals; |
| --- | --- |

(a)

(a)

cereals;

cereals;

| (b) | sugar, sugar beet and sugar cane; |
| --- | --- |

(b)

(b)

sugar, sugar beet and sugar cane;

sugar, sugar beet and sugar cane;

| (c) | olive oil; |
| --- | --- |

(c)

(c)

olive oil;

olive oil;

| (d) | fruit and vegetables; |
| --- | --- |

(d)

(d)

fruit and vegetables;

fruit and vegetables;

| (e) | wine; |
| --- | --- |

(e)

(e)

wine;

wine;

| (f) | milk and milk products; |
| --- | --- |

(f)

(f)

milk and milk products;

milk and milk products;

| (g) | beef and veal; |
| --- | --- |

(g)

(g)

beef and veal;

beef and veal;

| (h) | pigmeat; |
| --- | --- |

(h)

(h)

pigmeat;

pigmeat;

| (i) | sheepmeat and goatmeat; |
| --- | --- |

(i)

(i)

sheepmeat and goatmeat;

sheepmeat and goatmeat;

| (j) | poultrymeat. |
| --- | --- |

(j)

(j)

poultrymeat.

poultrymeat.

3.
     
  The Observatory shall collect the statistical data and information necessary for producing analyses and studies concerning:

| (a) | production and supply; |
| --- | --- |

(a)

(a)

production and supply;

production and supply;

| (b) | price formation mechanisms and, as far as possible, profit margins throughout the agri-food supply chain in the Union and the Member States; |
| --- | --- |

(b)

(b)

price formation mechanisms and, as far as possible, profit margins throughout the agri-food supply chain in the Union and the Member States;

price formation mechanisms and, as far as possible, profit margins throughout the agri-food supply chain in the Union and the Member States;

| (c) | price trends and, as far as possible, profit margins at all levels of the food supply chain in the Union and the Member States and in all agricultural and agri-food sectors; |
| --- | --- |

(c)

(c)

price trends and, as far as possible, profit margins at all levels of the food supply chain in the Union and the Member States and in all agricultural and agri-food sectors;

price trends and, as far as possible, profit margins at all levels of the food supply chain in the Union and the Member States and in all agricultural and agri-food sectors;

| (d) | short- and medium-term market forecasts |
| --- | --- |

(d)

(d)

short- and medium-term market forecasts

short- and medium-term market forecasts

| (e) | trends in imports and exports of agricultural products, in particular the filling of tariff quotas for the importing of agricultural products into Union territory. |
| --- | --- |

(e)

(e)

trends in imports and exports of agricultural products, in particular the filling of tariff quotas for the importing of agricultural products into Union territory.

trends in imports and exports of agricultural products, in particular the filling of tariff quotas for the importing of agricultural products into Union territory.

The Observatory shall produce annual reports containing the elements referred to in the first subparagraph and shall send them to the European Parliament and the Council.

The Observatory shall produce annual reports containing the elements referred to in the first subparagraph and shall send them to the European Parliament and the Council.

4.
     
  The Member States shall collect the information referred to in paragraph 3 from agricultural products processing enterprises or other operators active in the trade in agricultural products, and shall send it to the Observatory.

That information shall be deemed to be confidential and the Observatory shall ensure that specific prices or names of individual economic operators are not published.

That information shall be deemed to be confidential and the Observatory shall ensure that specific prices or names of individual economic operators are not published.

The Commission may adopt implementing acts to put in place a system of notification and reports in order to apply this article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

The Commission may adopt implementing acts to put in place a system of notification and reports in order to apply this article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

Amendment 147

Amendment 147

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 i (new)

Article 1 — paragraph 1 — point 26 i (new)

Regulation (EU) No 1308/2013

Article 218 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26 i) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26 i)

(26 i)

The following article is inserted:

‘Article 218b

‘Article 218b

Early warning mechanism for market disturbances and alert thresholds

Early warning mechanism for market disturbances and alert thresholds

1.
     
  The Observatory shall set up an early warning mechanism and alert thresholds and shall notify the European Parliament and the Council where the relevant alert threshold is exceeded, of threats of market disturbances caused, in particular, by significant price rises or falls on internal or external markets or by other events or circumstances having similar effects.

The alert thresholds shall be established:

The alert thresholds shall be established:

| (a) | where the weighted average market price is less than [XX%] of the average price for [X] consecutive weeks after eliminating the highest and the lowest references for weekly prices or [X] consecutive months for monthly price. |
| --- | --- |

(a)

(a)

where the weighted average market price is less than [XX%] of the average price for [X] consecutive weeks after eliminating the highest and the lowest references for weekly prices or [X] consecutive months for monthly price.

where the weighted average market price is less than [XX%] of the average price for [X] consecutive weeks after eliminating the highest and the lowest references for weekly prices or [X] consecutive months for monthly price.

| (b) | where the weighted average market price is more than [XX%] of the average price for [X] consecutive weeks after eliminating the highest and the lowest references for weekly prices or [X] consecutive months for monthly price. |
| --- | --- |

(b)

(b)

where the weighted average market price is more than [XX%] of the average price for [X] consecutive weeks after eliminating the highest and the lowest references for weekly prices or [X] consecutive months for monthly price.

where the weighted average market price is more than [XX%] of the average price for [X] consecutive weeks after eliminating the highest and the lowest references for weekly prices or [X] consecutive months for monthly price.

The Commission shall, within a maximum period of 30 days from the date of the Observatory’s notification, present to the European Parliament and the Council the market situation for the product concerned, the causes of the market disturbances and, where appropriate, the possible measures to be taken, in particular those provided for in Chapter 1 of Title I of Part II of this Regulation, and/or Articles 219, 219a, 220, 221 and 222 or give reasons for not taking such measures.’

The Commission shall, within a maximum period of 30 days from the date of the Observatory’s notification, present to the European Parliament and the Council the market situation for the product concerned, the causes of the market disturbances and, where appropriate, the possible measures to be taken, in particular those provided for in Chapter 1 of Title I of Part II of this Regulation, and/or Articles 219, 219a, 220, 221 and 222 or give reasons for not taking such measures.’

Amendment 148

Amendment 148

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 j (new)

Article 1 — paragraph 1 — point 26 j (new)

Regulation (EU) No 1308/2013

Article 219

| Present text | Amendment |
| --- | --- |
| | (26j) | Article 219 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(26j)

(26j)

Article 219 is replaced by the following:

Article 219

‘Article 219

Measures against market disturbance

Measures against
  market disturbance and for the management of
  market disturbance

market disturbance and for the management of

1.   In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or other events and circumstances significantly disturbing or threatening to disturb the market, where that situation, or its effects on the market, is likely to continue or deteriorate, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to take the measures necessary to address that market situation, while respecting any obligations resulting from international agreements concluded in accordance with the TFEU
  and provided that any other measures available under this Regulation appear to be insufficient
  .

1.   In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or other events and circumstances significantly disturbing or threatening to disturb the market, where that situation, or its effects on the market, is likely to continue or deteriorate, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to take the measures necessary to address that market situation, while respecting any obligations resulting from international agreements concluded in accordance with the TFEU.

Where, in the cases of threats of market disturbances referred to in the first subparagraph of this paragraph, imperative grounds of urgency so require, the procedure provided for in Article 228 shall apply to delegated acts adopted pursuant to the first subparagraph of this paragraph.

Where, in the cases of threats of market disturbances referred to in the first subparagraph of this paragraph, imperative grounds of urgency so require, the procedure provided for in Article 228 shall apply to delegated acts adopted pursuant to the first subparagraph of this paragraph

Those imperative grounds of urgency may include the need to take immediate action to address or prevent market disturbance, where threats of market disturbance occur so swiftly or unexpectedly that immediate action is necessary to efficiently and effectively address the situation, or where action would prevent such threats of market disturbance from materialising, continuing or turning into a more severe or prolonged disturbance, or where delaying immediate action would threaten to cause or aggravate the disturbance or would increase the extent of the measures which would later be necessary to address the threat or disturbance or would be detrimental to production or market conditions.

Those imperative grounds of urgency may include the need to take immediate action to address or prevent market disturbance, where threats of market disturbance occur so swiftly or unexpectedly that immediate action is necessary to efficiently and effectively address the situation, or where action would prevent such threats of market disturbance from materialising, continuing or turning into a more severe or prolonged disturbance, or where delaying immediate action would threaten to cause or aggravate the disturbance or would increase the extent of the measures which would later be necessary to address the threat or disturbance or would be detrimental to production or market conditions.

Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation,
  or provide for export refunds
  , or suspend import duties in whole or in part including for certain quantities or periods as necessary.

or provide for export refunds

Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation,
  and other measures provided for in Articles 39 to 63 of Chapter III of the “Strategic Plans” Regulation or reinforce import controls
  , or suspend
  or adjust
  import duties in whole or in part including for certain quantities or periods as necessary
  . They may also concern the adaptation of the entry scheme for fruit and vegetables through consultation with third countries that export to the Union
  .

and other measures provided for in Articles 39 to 63 of Chapter III of the “Strategic Plans” Regulation or reinforce import controls

or adjust

. They may also concern the adaptation of the entry scheme for fruit and vegetables through consultation with third countries that export to the Union

2.   The measures referred to in paragraph 1 shall not apply to products listed in Section 2 of Part XXIV of Annex I.

2.   The measures referred to in paragraph 1 shall not apply to products listed in Section 2 of Part XXIV of Annex I.

However, the Commission may, by means of delegated acts adopted in accordance with the urgency procedure referred to in Article 228, decide that the measures referred to in paragraph 1 shall apply to one or more of the products listed in Section 2 of Part XXIV of Annex I.

However, the Commission may, by means of delegated acts adopted in accordance with the urgency procedure referred to in Article 228, decide that the measures referred to in paragraph 1 shall apply to one or more of the products listed in Section 2 of Part XXIV of Annex I.

3.   The Commission may adopt implementing acts laying down necessary procedural rules and technical criteria for the application of measures referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

3.   The Commission may adopt implementing acts laying down necessary procedural rules and technical criteria for the application of measures referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

Amendment 149

Amendment 149

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 k (new)

Article 1 — paragraph 1 — point 26 k (new)

Regulation (EU) No 1308/2013

Article 219 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26k) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26k)

(26k)

The following article is inserted:

‘Article 219a

‘Article 219a

Volume Reduction Scheme

Volume Reduction Scheme

1.
     
  In the event of severe imbalances in the market and provided that production techniques so allow, the Commission is empowered to adopt delegated acts in accordance with Article 227 supplementing this Regulation by granting aid to producers in a sector referred to in Article 1(2), who for a defined period shall reduce their delivery in comparison to the same period of the previous year.

In order to ensure that that scheme is implemented effectively and appropriately, those delegated acts shall establish:

In order to ensure that that scheme is implemented effectively and appropriately, those delegated acts shall establish:

| (a) | the maximum total volume or quantity of delivery to be reduced at Union level in the framework of the reduction scheme; |
| --- | --- |

(a)

(a)

the maximum total volume or quantity of delivery to be reduced at Union level in the framework of the reduction scheme;

the maximum total volume or quantity of delivery to be reduced at Union level in the framework of the reduction scheme;

| (b) | the duration of the reduction period and, if necessary, its prolongation; |
| --- | --- |

(b)

(b)

the duration of the reduction period and, if necessary, its prolongation;

the duration of the reduction period and, if necessary, its prolongation;

| (c) | the amount of aid in accordance with the reduced volume or quantity and its financing arrangements; |
| --- | --- |

(c)

(c)

the amount of aid in accordance with the reduced volume or quantity and its financing arrangements;

the amount of aid in accordance with the reduced volume or quantity and its financing arrangements;

| (d) | the criteria for applicants to be eligible for the aid and for applications for aid to be admissible |
| --- | --- |

(d)

(d)

the criteria for applicants to be eligible for the aid and for applications for aid to be admissible

the criteria for applicants to be eligible for the aid and for applications for aid to be admissible

| (e) | the specific conditions for the implementation of this scheme. |
| --- | --- |

(e)

(e)

the specific conditions for the implementation of this scheme.

the specific conditions for the implementation of this scheme.

2.
     
  The aid shall be granted on the principle of an application by producers submitted within the Member State in which the producers are established, using the method laid down by the Member State concerned.

Member States may decide that applications for reduction aid are to be submitted on behalf of producers by recognised organisations or by cooperatives established in accordance with national law and/or by individual producers. In that case, Member States shall ensure that the aid is fully transmitted to producers who have effectively reduced their delivery.’

Member States may decide that applications for reduction aid are to be submitted on behalf of producers by recognised organisations or by cooperatives established in accordance with national law and/or by individual producers. In that case, Member States shall ensure that the aid is fully transmitted to producers who have effectively reduced their delivery.’

Amendment 150

Amendment 150

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 l (new)

Article 1 — paragraph 1 — point 26 l (new)

Regulation (EU) No 1308/2013

Article 219 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26l) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26l)

(26l)

The following article is inserted:

‘Article 219b

‘Article 219b

Measures to stabilise production in periods of severe market disturbances

Measures to stabilise production in periods of severe market disturbances

1.
     
  Where the Commission has adopted delegated acts pursuant Article 219a, in the event that the severe market imbalances are likely to continue or to deteriorate, the Commission is empowered to adopt delegated acts in accordance with Article 227 supplementing this Regulation with a view to supplementing the measures pursuant to Article 219a by imposing a levy on all producers in a sector referred to in Article 1(2), who, increase their delivery in comparison to the same period of the previous year:

| (a) | over the same period defined under Article 219a on duly justified imperative grounds; |
| --- | --- |

(a)

(a)

over the same period defined under Article 219a on duly justified imperative grounds;

over the same period defined under Article 219a on duly justified imperative grounds;

| (b) | over a new period of reduction, if the participation of producers under Article 219a has not been sufficient to rebalance the market. |
| --- | --- |

(b)

(b)

over a new period of reduction, if the participation of producers under Article 219a has not been sufficient to rebalance the market.

over a new period of reduction, if the participation of producers under Article 219a has not been sufficient to rebalance the market.

2.
     
  When triggering the measure referred to in paragraph 1, the Commission shall take into account the development of the production costs, particularly the costs of inputs.

3.
     
  In order to ensure that the scheme is implemented effectively and appropriately, the Commission is empowered to adopt, in accordance with Article 227, delegated acts supplementing this Regulation by establishing:

| (a) | the amount and conditions governing the levy imposed on producers who increase their volumes or quantity during the reduction period; |
| --- | --- |

(a)

(a)

the amount and conditions governing the levy imposed on producers who increase their volumes or quantity during the reduction period;

the amount and conditions governing the levy imposed on producers who increase their volumes or quantity during the reduction period;

| (b) | the specific conditions for the implementation and complementary of this scheme with the volume production reduction scheme referred in Article 219a. |
| --- | --- |

(b)

(b)

the specific conditions for the implementation and complementary of this scheme with the volume production reduction scheme referred in Article 219a.

the specific conditions for the implementation and complementary of this scheme with the volume production reduction scheme referred in Article 219a.

4.
     
  Those measures may be accompanied if necessary by other measures under this Regulation particularly those provided for in Article 222.’

Amendment 247

Amendment 247

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 m (new)

Article 1 — paragraph 1 — point 26 m (new)

Regulation (EU) No 1308/2013

Article 220

| Present text | Amendment |
| --- | --- |
| | (26m) | Article 220 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(26m)

(26m)

Article 220 is replaced by the following:

Article 220

‘Article 220

Measures concerning animal diseases and loss of consumer confidence due to public, animal or plant health risks

Measures concerning animal
  and plant
  diseases
  and plant pests
  and loss of consumer confidence due to public, animal or plant health risks

and plant

and plant pests

1.   The Commission may adopt implementing acts taking exceptional support measures for the affected market in order to take account of:

1.   The Commission may adopt implementing acts taking exceptional support measures for the affected market in order to take account of:

| (a) | restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of diseases in animals; and |
| --- | --- |

(a)

restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of diseases in animals; and

| (a) | restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of diseases in animals
  or the spread of plant disease or pests
  ; and |
| --- | --- |

(a)

restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of diseases in animals
  or the spread of plant disease or pests
  ; and

or the spread of plant disease or pests

| (b) | serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health and disease risks. |
| --- | --- |

(b)

serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health and disease risks.

| (b) | serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health and disease risks. |
| --- | --- |

(b)

serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health and disease risks.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

2.   The measures provided for in paragraph 1 shall apply to
  any of the following sectors:

2.   The measures provided for in paragraph 1 shall apply to all other agricultural products except those listed in Section 2 of Part XXIV of Annex I.

| (a) | beef and veal; |
| --- | --- |

(a)

(a)

beef and veal;

beef and veal;

| (b) | milk and milk products; |
| --- | --- |

(b)

(b)

milk and milk products;

milk and milk products;

| (c) | pigmeat; |
| --- | --- |

(c)

(c)

pigmeat;

pigmeat;

| (d) | sheepmeat and goatmeat; |
| --- | --- |

(d)

(d)

sheepmeat and goatmeat;

sheepmeat and goatmeat;

| (e) | eggs; |
| --- | --- |

(e)

(e)

eggs;

eggs;

| (f) | poultrymeat
  . |
| --- | --- |

(f)

(f)

poultrymeat
  .

poultrymeat

The measures provided for in point (b) of the first subparagraph of paragraph 1 related to a loss in consumer confidence due to public or plant health risks shall also apply to
  all other agricultural products except those listed in Section 2 of Part XXIV of Annex I.

The measures provided for in point (b) of the first subparagraph of paragraph 1 related to a loss in consumer confidence due to public or plant health risks shall also apply to

The Commission shall be empowered to adopt delegated acts in accordance with the urgency procedure referred to in Article 228, extending the list of products in the first
  two subparagraphs
  of this paragraph.

two subparagraphs

The Commission shall be empowered to adopt delegated acts in accordance with the urgency procedure referred to in Article 228, extending the list of products
  referred to
  in the first
  subparagraph
  of this paragraph.

referred to

subparagraph

3.   The measures provided for in paragraph 1 shall be taken at the request of the Member State concerned.

3.   The measures provided for in paragraph 1 shall be taken at the request of the Member State concerned.

4.   The measures provided for in point (a) of the first subparagraph of paragraph 1 may be taken only if the Member State concerned has taken health
  and
  veterinary measures quickly to stamp out the disease, and only to the extent and for the duration strictly necessary to support the market concerned.

4.   The measures provided for in point (a) of the first subparagraph of paragraph 1 may be taken only if the Member State concerned has taken health, veterinary
  and phytosanitary
  measures quickly to stamp out the disease
  and to monitor, control or eradicate the pests
  , and only to the extent and for the duration strictly necessary to support the market concerned.

5.   The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Member States for the measures provided for in paragraph 1.

5.   The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Member States for the measures provided for in paragraph 1.

However, with regard to the beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors, the Union shall provide part-financing equivalent to 60 % of such expenditure when combating foot-and-mouth disease.

However, with regard to the beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors, the Union shall provide part-financing equivalent to 60 % of such expenditure when combating foot-and-mouth disease.

6.   Member States shall ensure that, where producers contribute to the expenditure borne by Member States, this does not result in a distortion of competition between producers in different Member States.

6.   Member States shall ensure that, where producers contribute to the expenditure borne by Member States, this does not result in a distortion of competition between producers in different Member States.’

Amendment 151

Amendment 151

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 n (new)

Article 1 — paragraph 1 — point 26 n (new)

Regulation (EU) No 1308/2013

Part V — Chapter I — Section 4 — title

| Present text | Amendment |
| --- | --- |
| | (26n) | In Section 4, the title is replaced by the following: |

Present text

Present text

Amendment

Amendment

(26n)

(26n)

In Section 4, the title is replaced by the following:

Agreements and decisions
  during periods of
  severe imbalance in markets

during periods of

‘Agreements and decisions
  to prevent market disturbances and to deal with
  severe imbalance in markets’

Amendment 152

Amendment 152

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 o (new)

Article 1 — paragraph 1 — point 26 o (new)

Regulation (EU) No 1308/2013

Article 222

| Present text | Amendment |
| --- | --- |
| | (26o) | Article 222 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(26o)

(26o)

Article 222 is replaced by the following:

Article 222

‘Article 222

Application of Article 101(1) TFEU

Application of Article 101(1) TFEU

1.   
  During periods of
  severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) TFEU is not to apply to agreements and decisions of farmers, farmers' associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of the internal market, strictly aim to stabilise the sector concerned and fall under one or more of the following categories:

1.   
  To prevent market disturbances and to deal with
  severe imbalance in markets
  , in accordance with Article 219
  , the Commission may adopt implementing acts to the effect that Article101(1) TFEU is not to apply to agreements and decisions of farmers, farmers' associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of the internal market, strictly aim to stabilise the sector concerned and fall under one or more of the following categories,

| (a) | market withdrawal or free distribution of their products; |
| --- | --- |

(a)

market withdrawal or free distribution of their products;

| (a) | market withdrawal or free distribution of their products; |
| --- | --- |

(a)

market withdrawal or free distribution of their products;

| (b) | transformation and processing; |
| --- | --- |

(b)

transformation and processing;

| (b) | transformation and processing; |
| --- | --- |

(b)

transformation and processing;

| (c) | storage by private operators; |
| --- | --- |

(c)

storage by private operators;

| (c) | storage by private operators; |
| --- | --- |

(c)

storage by private operators;

| (d) | joint promotion measures; |
| --- | --- |

(d)

joint promotion measures;

| (d) | joint promotion measures; |
| --- | --- |

(d)

joint promotion measures;

| (e) | agreements on quality requirements; |
| --- | --- |

(e)

agreements on quality requirements;

| (e) | agreements on quality requirements; |
| --- | --- |

(e)

agreements on quality requirements;

| (f) | joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the Union or of inputs necessary to address the effects of natural disasters in the Union; |
| --- | --- |

(f)

joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the Union or of inputs necessary to address the effects of natural disasters in the Union;

| (f) | joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the Union or of inputs necessary to address the effects of natural disasters in the Union; |
| --- | --- |

(f)

joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the Union or of inputs necessary to address the effects of natural disasters in the Union;

| (g) | temporary planning of production taking into account the specific nature of the production cycle. |
| --- | --- |

(g)

temporary planning of production taking into account the specific nature of the production cycle.

| (g) | temporary planning of production taking into account the specific nature of the production cycle. |
| --- | --- |

(g)

temporary planning of production taking into account the specific nature of the production cycle.

The Commission shall specify in implementing acts the substantive and geographic scope of this derogation and, subject to paragraph 3, the period for which the derogation applies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

The Commission shall specify in implementing acts the substantive and geographic scope of this derogation and, subject to paragraph 3, the period for which the derogation applies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

1a.
     
  The agreements and decisions adopted in accordance with paragraph 1 by recognised producer organisations or recognised associations of producer organisations or recognised inter branch organisations may be extended in accordance with Article 164, and under the conditions set by the Member State. The extension of rules may not exceed the timeframe referred to in paragraph 3.

3.   The agreements and decisions referred to in paragraph 1 shall only be valid for a period of up to six months.

3.   The agreements and decisions referred to in paragraph 1 shall only be valid for a period of up to six months.

However, the Commission may adopt implementing acts authorising such agreements and decisions for a further period of up to six-months. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

However, the Commission may adopt implementing acts authorising such agreements and decisions for a further period of up to six-months. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

Amendment 248

Amendment 248

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 p (new)

Article 1 — paragraph 1 — point 26 p (new)

Regulation (EU) No 1308/2013

Article 222 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26p) | the following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26p)

(26p)

the following article is inserted:

‘
  Article 222a

Article 222a

Market disturbance monitoring and management plans

Market disturbance monitoring and management plans

1.
     
  With a view to achieving the CAP objectives set out in Article 39 TFEU, in particular the specific objective of market stabilisation referred to in point (b) of Article 1a of this Regulation, the Commission shall establish plans for the monitoring and the management of market disturbances defining its intervention strategy for each agricultural product referred to in Article 1 of this Regulation.

2.
     
  The Commission shall base its intervention strategy on the work of the EU Observatory of agricultural markets referred to in Article 218a, including on the early warning mechanism provided for in Article 218b.

3.
     
  In the event of market disturbances, the Commission shall mobilise in a timely and efficient way the exceptional measures provided for in Chapter I of Part V, where applicable in addition to the market intervention measures provided for in Title I of Part II in view of with the aim of rapidly restoring balance on the concerned market while providing the most appropriate responses for each sector affected.

4.
     
  The Commission shall establish a performance framework allowing for reporting, monitoring and evaluation of the market disruption monitoring and management plans during its implementation.

5.
     
  By 30 November each year, the Commission shall publish an annual report on the implementation of the plans for the monitoring and management of market disturbances and the improvements in its intervention strategy.

The annual report shall be presented annually to the European Parliament and the Council and shall aim to evaluate the performance of the plan with regard to impact, effectiveness, efficiency, and coherence of the tools provided for in this Regulation, and evaluate the use by the Commission of its prerogatives, and the budget, with regard to the monitoring, prevention and management of market disturbances.’

The annual report shall be presented annually to the European Parliament and the Council and shall aim to evaluate the performance of the plan with regard to impact, effectiveness, efficiency, and coherence of the tools provided for in this Regulation, and evaluate the use by the Commission of its prerogatives, and the budget, with regard to the monitoring, prevention and management of market disturbances.’

Amendment 249

Amendment 249

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 26 q (new)

Article 1 — paragraph 1 — point 26 q (new)

Regulation (EU) No 1308/2013

Article 223

| Present text | Amendment |
| --- | --- |
| | (26q) | Article 223 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(26q)

(26q)

Article 223 is replaced by the following:

Article 223

‘Article 223

Communication requirements

Communication requirements

1.   For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, checking, controlling, monitoring, evaluating and auditing CAP measures, and complying with the requirements laid down in international agreements concluded in accordance with the TFEU, including notification requirements under those agreements, the Commission may, in accordance with the procedure referred to in paragraph 2, adopt the necessary measures regarding communications to be made by undertakings, Member States and third countries. In so doing, it shall take into account the data needs and synergies between potential data sources.

1.   For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, checking, controlling, monitoring, evaluating and auditing CAP measures, and complying with the requirements laid down in international agreements concluded in accordance with the TFEU, including notification requirements under those agreements, the Commission may, in accordance with the procedure referred to in paragraph 2, adopt the necessary measures regarding communications to be made by undertakings, Member States and third countries. In so doing, it shall take into account the data needs and synergies between potential data sources.

The information obtained may be transmitted or made available to international organisations, the competent authorities of third countries and may be made public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets, including prices.

The information obtained may be transmitted or made available to international organisations,
  European and national financial market authorities,
  the competent authorities of third countries and may be made public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets, including prices.

European and national financial market authorities,

In order to ensure enhanced transparency in agricultural product markets, and in particular derivative markets of agricultural raw materials, the Commission, by means of the CMO, shall cooperate with national financial market authorities which are responsible, in accordance with Regulation (EU) No 596/2014 (Market Abuse Regulation) and Directive 2014/57/EU (Market Abuse Directive), for the supervision and control of derivative financial instruments for agricultural raw materials, in order for them to properly fulfil their tasks
  .

In order to ensure enhanced transparency in agricultural product markets, and in particular derivative markets of agricultural raw materials, the Commission, by means of the CMO, shall cooperate with national financial market authorities which are responsible, in accordance with Regulation (EU) No 596/2014 (Market Abuse Regulation) and Directive 2014/57/EU (Market Abuse Directive), for the supervision and control of derivative financial instruments for agricultural raw materials, in order for them to properly fulfil their tasks

2.   In order to ensure the integrity of information systems and the authenticity and legibility of documents and associated data transmitted, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down:

2.   In order to ensure the integrity of information systems and the authenticity and legibility of documents and associated data transmitted, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down:

| (a) | the nature and type of information to be notified; |
| --- | --- |

(a)

the nature and type of information to be notified;

| (a) | the nature and type of information to be notified; |
| --- | --- |

(a)

the nature and type of information to be notified;

| (b) | the categories of data to be processed, the maximum retention periods and the purpose of the processing, in particular in the event of the publication of such data and their transfer to third countries; |
| --- | --- |

(b)

the categories of data to be processed, the maximum retention periods and the purpose of the processing, in particular in the event of the publication of such data and their transfer to third countries;

| (b) | the categories of data to be processed, the maximum retention periods and the purpose of the processing, in particular in the event of the publication of such data and their transfer to third countries; |
| --- | --- |

(b)

the categories of data to be processed, the maximum retention periods and the purpose of the processing, in particular in the event of the publication of such data and their transfer to third countries;

| (c) | the access rights to the information or information systems made available;(d)the conditions of publication of the information; |
| --- | --- |

(c)

the access rights to the information or information systems made available;(d)the conditions of publication of the information;

| (c) | the access rights to the information or information systems made available;(d)the conditions of publication of the information; |
| --- | --- |

(c)

the access rights to the information or information systems made available;(d)the conditions of publication of the information;

| (d) | the conditions of publication of the information. |
| --- | --- |

(d)

the conditions of publication of the information.

| (d) | the conditions of publication of the information. |
| --- | --- |

(d)

the conditions of publication of the information.

2a.
     
  To ensure an adequate level of market transparency in compliance with business confidentiality, the Commission may, in accordance with the procedure referred to in paragraph 2, adopt measures that force players in markets that particularly lack transparency to perform their transactions via an electronic platform of exchange
  .

3.   The Commission shall adopt implementing acts laying down the measures necessary for the application of this Article, including:

3.   The Commission shall adopt implementing acts laying down the measures necessary for the application of this Article, including:

| (a) | the methods of notification; |
| --- | --- |

(a)

the methods of notification;

| (a) | the methods of notification; |
| --- | --- |

(a)

the methods of notification;

| (b) | rules on the information to be notified; |
| --- | --- |

(b)

rules on the information to be notified;

| (b) | rules on the information to be notified; |
| --- | --- |

(b)

rules on the information to be notified;

| (c) | arrangements for the management of the information to be notified, as well as on the content, form, timing, frequency and deadlines of the notifications; |
| --- | --- |

(c)

arrangements for the management of the information to be notified, as well as on the content, form, timing, frequency and deadlines of the notifications;

| (c) | arrangements for the management of the information to be notified, as well as on the content, form, timing, frequency and deadlines of the notifications; |
| --- | --- |

(c)

arrangements for the management of the information to be notified, as well as on the content, form, timing, frequency and deadlines of the notifications;

| (d) | the arrangements for transmitting or making information and documents available to the Member States, international organisations, the competent authorities in third countries, or the public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets. |
| --- | --- |

(d)

the arrangements for transmitting or making information and documents available to the Member States, international organisations, the competent authorities in third countries, or the public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets.

| (d) | the arrangements for transmitting or making information and documents available to the Member States, international organisations, the competent authorities in third countries, or the public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets. |
| --- | --- |

(d)

the arrangements for transmitting or making information and documents available to the Member States, international organisations, the competent authorities in third countries, or the public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’

Amendment 155

Amendment 155

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 27

Article 1 — paragraph 1 — point 27

Regulation (EU) No 1308/2013

Article 225 — points a to d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | In Article 225, points (a) to (d) are deleted; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(27)

(27)

In Article 225, points (a) to (d) are deleted;

deleted

deleted

Amendment 156

Amendment 156

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 27 a (new)

Article 1 — paragraph 1 — point 27 a (new)

Regulation (EU) No 1308/2013

Article 225

| Present text | Amendment |
| --- | --- |
| | (27a) | Article 225 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(27a)

(27a)

Article 225 is replaced by the following:

Article 225

‘Article 225

Reporting obligation of the Commission

Reporting obligation of the Commission

The Commission shall present a report to the European Parliament and to the Council:

"The Commission shall present a report to the European Parliament and to the Council:

| (a) | every three years and for the first time by21 December 2016 the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems; |
| --- | --- |

(a)

(a)

every three years and for the first time by21 December 2016 the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems;

every three years and for the first time by21 December 2016 the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems;

| (b) | by 30 June
  2014


  and also by 31 December 2018
  , on the development of the market situation in the milk and milk products sector, and in particular on the operation of Articles 148 to 151,
  Article 152(3)
  and Article 157
  (3)
  , assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering potential incentives to encourage farmers to enter into joint production agreements, together with any appropriate proposals; |
| --- | --- |

(b)

by 30 June
  2014


  and also by 31 December 2018
  , on the development of the market situation in the milk and milk products sector, and in particular on the operation of Articles 148 to 151,
  Article 152(3)
  and Article 157
  (3)
  , assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering potential incentives to encourage farmers to enter into joint production agreements, together with any appropriate proposals;

2014

and also by 31 December 2018

Article 152(3)

(3)

| (b) | every four years and for the first time
  by 30 June
  2022
  , on the development of the market situation in the milk and milk products sector, and in particular on the operation of Articles 148 to 151,
  Article 161
  and Article 157, assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering potential incentives to encourage farmers to enter into joint production agreements, together with any appropriate proposals; |
| --- | --- |

(b)

every four years and for the first time
  by 30 June
  2022
  , on the development of the market situation in the milk and milk products sector, and in particular on the operation of Articles 148 to 151,
  Article 161
  and Article 157, assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering potential incentives to encourage farmers to enter into joint production agreements, together with any appropriate proposals;

every four years and for the first time

2022

Article 161

| (c) | by 31 December 2014, on the possibility of extending the scope of the school schemes to include olive oil and table olives; |
| --- | --- |

(c)

(c)

by 31 December 2014, on the possibility of extending the scope of the school schemes to include olive oil and table olives;

by 31 December 2014, on the possibility of extending the scope of the school schemes to include olive oil and table olives;

| (d) | by 31 December
  2017
  , on the application of the competition rules to the agricultural sector in all Member States, in particular on the operation of Articles 209 and 210, and of Articles
  169, 170 and 171 in the sectors concerned; |
| --- | --- |

(d)

by 31 December
  2017
  , on the application of the competition rules to the agricultural sector in all Member States, in particular on the operation of Articles 209 and 210, and of Articles
  169, 170 and 171 in the sectors concerned;

2017

169, 170 and 171 in the sectors concerned;

| (d) | by 31 December
  2021
  ,
  and then every three years,
  on the application of the competition rules to the agricultural sector in all Member States, in particular on the operation of Articles 209 and 210, and of Article
  152
  ; |
| --- | --- |

(d)

by 31 December
  2021
  ,
  and then every three years,
  on the application of the competition rules to the agricultural sector in all Member States, in particular on the operation of Articles 209 and 210, and of Article
  152
  ;

2021

and then every three years,

152

| (da) | By 30 June 2021, on the Commission’s strategy to use the provisions in the Regulation effectively to prevent and manage internal agricultural market crises that may occur following the United Kingdom’s withdrawal from the Union. |
| --- | --- |

(da)

(da)

By 30 June 2021, on the Commission’s strategy to use the provisions in the Regulation effectively to prevent and manage internal agricultural market crises that may occur following the United Kingdom’s withdrawal from the Union.

By 30 June 2021, on the Commission’s strategy to use the provisions in the Regulation effectively to prevent and manage internal agricultural market crises that may occur following the United Kingdom’s withdrawal from the Union.

| (db) | by 31 December 2021,on the market observatories set up in accordance with Article 218a and the Commission responses to their notifications and use of the crisis management tools in particular in accordance with Articles 219, 219a, 219b, 220, 221 and 222. |
| --- | --- |

(db)

(db)

by 31 December 2021,on the market observatories set up in accordance with Article 218a and the Commission responses to their notifications and use of the crisis management tools in particular in accordance with Articles 219, 219a, 219b, 220, 221 and 222.

by 31 December 2021,on the market observatories set up in accordance with Article 218a and the Commission responses to their notifications and use of the crisis management tools in particular in accordance with Articles 219, 219a, 219b, 220, 221 and 222.

| (dc) | by 31 December 2021, on the potential of new information and communication technologies to modernise the Commission’s relations with national authorities and companies, so as to ensure better market transparency in particular. |
| --- | --- |

(dc)

(dc)

by 31 December 2021, on the potential of new information and communication technologies to modernise the Commission’s relations with national authorities and companies, so as to ensure better market transparency in particular.

by 31 December 2021, on the potential of new information and communication technologies to modernise the Commission’s relations with national authorities and companies, so as to ensure better market transparency in particular.

| (e) | by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2); |
| --- | --- |

(e)

by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2);

| (e) | by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2); |
| --- | --- |

(e)

by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2);

| (f) | by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk. |
| --- | --- |

(f)

by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk.

| (f) | by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk.’ |
| --- | --- |

(f)

by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk.’

Amendment 157

Amendment 157

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 28 a (new)

Article 1 — paragraph 1 — point 28 a (new)

Regulation (EU) No 1308/2013

Annex I — part IX — table 1 — row 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28a) | In Annex I, Part IX, the following new row is inserted in the table after line ‘ex 07 09’:



  ‘0709 60 99




  Other peppers (Chilli pepper — Vegetarian pepper)’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(28a)

(28a)

In Annex I, Part IX, the following new row is inserted in the table after line ‘ex 07 09’:

‘0709 60 99

‘0709 60 99

Other peppers (Chilli pepper — Vegetarian pepper)’

Other peppers (Chilli pepper — Vegetarian pepper)’

Amendment 250

Amendment 250

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 28 b (new)

Article 1 — paragraph 1 — point 28 b (new)

Regulation (EU) No 1308/2013

ANNEX I — PART XXXIII a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28b) | In Annex I, the following Part is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(28b)

(28b)

In Annex I, the following Part is inserted:

01012100 — Pure-bred breeding horses

01012100 — Pure-bred breeding horses

010221 — Pure-bred domestic breeding bovines

010221 — Pure-bred domestic breeding bovines

01022110 — Pure-bred domestic breeding bovines (heifers)

01022110 — Pure-bred domestic breeding bovines (heifers)

01022190 — Pure-bred domestic breeding bovines (other than 01012110 or 01012130)

01022190 — Pure-bred domestic breeding bovines (other than 01012110 or 01012130)

01023100 — Pure-bred breeding buffalo

01023100 — Pure-bred breeding buffalo

01029020 — Live pure-bred breeding bovine animals, other than 010221 or 01023100

01029020 — Live pure-bred breeding bovine animals, other than 010221 or 01023100

01031000 — Live pure-bred breeding swine

01031000 — Live pure-bred breeding swine

01041010 — Live pure-bred breeding sheep

01041010 — Live pure-bred breeding sheep

01051111 — Fowls of the species Gallus domesticus: Grandparent and parent female chicks, laying stocks

01051111 — Fowls of the species Gallus domesticus: Grandparent and parent female chicks, laying stocks

01051119 — Fowls of the species Gallus domesticus: Grandparent and parent female chicks other than 01051111

01051119 — Fowls of the species Gallus domesticus: Grandparent and parent female chicks other than 01051111

010641 — Live pure-bred honeybee queens of the species Apis mellifera

010641 — Live pure-bred honeybee queens of the species Apis mellifera

04071100 — Fertilised eggs for incubation, from poultry of the species Gallus domesticus

04071100 — Fertilised eggs for incubation, from poultry of the species Gallus domesticus

040719 — Fertilised eggs for incubation other than 04071100

040719 — Fertilised eggs for incubation other than 04071100

04071911 — Fertilised eggs for incubation, from turkey or geese

04071911 — Fertilised eggs for incubation, from turkey or geese

04071919 — Fertilised eggs for incubation, from poultry other than the species Gallus domesticus and other than turkey or geese

04071919 — Fertilised eggs for incubation, from poultry other than the species Gallus domesticus and other than turkey or geese

04071990 — Fertilised eggs for incubation other than from poultry

04071990 — Fertilised eggs for incubation other than from poultry

05111000 — Bovine semen

05111000 — Bovine semen

05119985 — Animal products not elsewhere specified or included, other than 05111000 (including mammalian semen other than bovine semen, mammalian ova and mammalian embryos)’

05119985 — Animal products not elsewhere specified or included, other than 05111000 (including mammalian semen other than bovine semen, mammalian ova and mammalian embryos)’

Amendment 159

Amendment 159

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 29 a (new)

Article 1 — paragraph 1 — point 29 a (new)

Regulation (EU) No 1308/2013

Annex II — part IX

| Present text | Amendment |
| --- | --- |
| | (29 a) | Annex II, Part IX is replaced by the following: |

Present text

Present text

Amendment

Amendment

(29 a)

(29 a)

Annex II, Part IX is replaced by the following:

1.

| 1. | Honey shall be understood as honey within the meaning of Council Directive 2001/110/EC including as regards to the main types of honey. |
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Honey shall be understood as honey within the meaning of Council Directive 2001/110/EC including as regards to the main types of honey.

| 1. | Honey shall be understood as honey within the meaning of Council Directive 2001/110/EC including as regards to the main types of honey. |
| --- | --- |

1.

Honey shall be understood as honey within the meaning of Council Directive 2001/110/EC including as regards to the main types of honey.

| 2. | ‘Apiculture products’ means honey, beeswax, royal jelly, propolis or pollen. |
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2.

‘Apiculture products’ means honey, beeswax, royal jelly, propolis or pollen.

| 2. | “Apiculture products” means honey, beeswax, royal jelly, propolis or pollen. |
| --- | --- |

2.

“Apiculture products” means honey, beeswax, royal jelly, propolis or pollen.

| 2a. | “Beeswax” is a substance that consists only of the secretion of wax glands of worker bees of the species Apis mellifera and is used for building hive; |
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2a.

2a.

“Beeswax” is a substance that consists only of the secretion of wax glands of worker bees of the species Apis mellifera and is used for building hive;

| 2b. | “Royal jelly” means the mixture of secretions from the hypopharyngeal and mandibular glands of worker bees, free from any additive. This substance is the food of larval and adult queen bees. It is a fresh, pure, natural and untreated product. It is a raw and natural food, which is not processed (except for being filtered) and free from additives. The colour, taste and chemical composition of royal jelly are determined by the absorption and transformation by the bees fed with two types of the following foods during the period of royal jelly production: |
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2b.

2b.

“Royal jelly” means the mixture of secretions from the hypopharyngeal and mandibular glands of worker bees, free from any additive. This substance is the food of larval and adult queen bees. It is a fresh, pure, natural and untreated product. It is a raw and natural food, which is not processed (except for being filtered) and free from additives. The colour, taste and chemical composition of royal jelly are determined by the absorption and transformation by the bees fed with two types of the following foods during the period of royal jelly production:

Type 1: jelly from bees fed solely on honey, nectar and polle;

Type 1: jelly from bees fed solely on honey, nectar and polle;

Type 2: jelly from bees fed on honey, nectar and pollen and other foods (proteins, carbohydrates.

Type 2: jelly from bees fed on honey, nectar and pollen and other foods (proteins, carbohydrates.

| 2c. | “Propolis” is an exclusively natural, vegetable resin gathered by worker bees of the species Apis mellifera from certain plant sources, to which their own secretion (mainly beeswax and saliva) is added. The resin is mainly used to protect the hive; |
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2c.

2c.

“Propolis” is an exclusively natural, vegetable resin gathered by worker bees of the species Apis mellifera from certain plant sources, to which their own secretion (mainly beeswax and saliva) is added. The resin is mainly used to protect the hive;

| 2d. | “Pollen granules (pellets)” are accumulated pollen grains gathered by worker bees of the species Apis mellifera, which they compact with their hind legs using honey and/or nectar and bee secretion. The protein source for the colony, the product is natural, free from additives and harvested at the entrance to the hive; |
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2d.

2d.

“Pollen granules (pellets)” are accumulated pollen grains gathered by worker bees of the species Apis mellifera, which they compact with their hind legs using honey and/or nectar and bee secretion. The protein source for the colony, the product is natural, free from additives and harvested at the entrance to the hive;

| 2e. | “Bee pollen” or “bee bread” is pollen balls that are packed by bees in beehive cells and that undergo natural processing resulting in the presence of enzymes and commensal microbiota. It is used by nurse bees to feed the brood. It may not contain any additives except wax from the honeycomb cells; |
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2e.

2e.

“Bee pollen” or “bee bread” is pollen balls that are packed by bees in beehive cells and that undergo natural processing resulting in the presence of enzymes and commensal microbiota. It is used by nurse bees to feed the brood. It may not contain any additives except wax from the honeycomb cells;

| 2f. | “Bee venom” is the secretion from a bee’s venom gland that is used by bees to defend the hive against attacks.’ |
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2f.

2f.

“Bee venom” is the secretion from a bee’s venom gland that is used by bees to defend the hive against attacks.’

Amendment 160

Amendment 160

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 30 — point b

Article 1 — paragraph 1 — point 30 — point b

Regulation (EU) No 1308/2013

Annex III — part B — section 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | in Part B, Section I is deleted; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

(b)

in Part B, Section I is deleted;

in Part B, Section I is deleted;

deleted

deleted

Amendment 161

Amendment 161

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 31 a (new)

Article 1 — paragraph 1 — point 31 a (new)

Regulation (EU) No 1308/2013

Annex VII — part I — title

| Present text | Amendment |
| --- | --- |
| | (31a) | In Part I of Annex VII, the title is replaced by the following: |

Present text

Present text

Amendment

Amendment

(31a)

(31a)

In Part I of Annex VII, the title is replaced by the following:

Meat of bovine animals aged less than 12 months

‘Meat of bovine animals
  and sheep
  aged less than 12 months’

and sheep

Amendment 162

Amendment 162

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 31 b (new)

Article 1 — paragraph 1 — point 31 b (new)

Regulation (EU) No 1308/2013

Annex VII — part I — section II

| Present text | Amendment |
| --- | --- |
| | (31b) | In Part I of Annex VII, Section II is replaced by the following: |

Present text

Present text

Amendment

Amendment

(31b)

(31b)

In Part I of Annex VII, Section II is replaced by the following:

On slaughter, all bovine animals aged less than 12 months shall be classified by the operators, under the supervision of the competent authority, in one of the following two categories:

On slaughter, all bovine animals aged less than 12 months shall be classified by the operators, under the supervision of the competent authority, in one of the following two categories:

| (A) | Category V: bovine animals aged less than eight months |
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(A)

Category V: bovine animals aged less than eight months

| (A) | Category V: bovine animals aged less than eight months |
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(A)

Category V: bovine animals aged less than eight months

Category identification letter: V;

Category identification letter: V;

| (B) | Category Z: bovine animals aged from 8 months to less than 12 months |
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(B)

Category Z: bovine animals aged from 8 months to less than 12 months

| (B) | Category Z: bovine animals aged from 8 months to less than 12 months |
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(B)

Category Z: bovine animals aged from 8 months to less than 12 months

Category identification letter: Z.

Category identification letter: Z.

On slaughter, all sheep aged less than 12 months shall be classified by the operators, under the supervision of the competent authority, in the following category: Category A: carcasses of sheep under 12 months old.

On slaughter, all sheep aged less than 12 months shall be classified by the operators, under the supervision of the competent authority, in the following category: Category A: carcasses of sheep under 12 months old.

Category identification letter A.

Category identification letter A.

This classification shall be carried out on the basis of the information contained in the passport accompanying the bovine animals or, failing this, on the basis of the data contained in the computerised database provided for in Article 5 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council (32).

32

This classification shall be carried out on the basis of the information contained in the passport accompanying the bovine animals
  and sheep
  or, failing this, on the basis of the data contained in the computerised database provided for in Article 5 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council (32)

  .

and sheep

32

.

The conditions referred to in this point shall not apply to the meat of bovine animals with a designation of origin or geographical indication protected in accordance with Regulation (EU) No 1151/2012 registered before 29 June 2007.

The conditions referred to in this point shall not apply to the meat of bovine animals with a designation of origin or geographical indication protected in accordance with Regulation (EU) No 1151/2012 registered before 29 June 2007.

Amendment 163

Amendment 163

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 31 c (new)

Article 1 — paragraph 1 — point 31 c (new)

Regulation (EU) No 1308/2013

Annex VII — part I — section III — point 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (31c) | In Section III of Part I of Annex VII, the following paragraph is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(31c)

(31c)

In Section III of Part I of Annex VII, the following paragraph is inserted:

| ‘1a. | The meat of sheep aged less than 12 months shall only be marketed in the Member States under the following sales description(s) laid down for each Member State: | Country of marketing; |
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‘1a.

‘1a.

The meat of sheep aged less than 12 months shall only be marketed in the Member States under the following sales description(s) laid down for each Member State:

Country of marketing;

Country of marketing;

| | Sales descriptions to be used lamb.’ |
| --- | --- |

Sales descriptions to be used lamb.’

Sales descriptions to be used lamb.’

Amendment 164

Amendment 164

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 31 d (new)

Article 1 — paragraph 1 — point 31 d (new)

Regulation (EU) No 1308/2013

Annex VII — part I — section III — point 3

| Present text | Amendment |
| --- | --- |
| | (31d) | In Section III of Part I of Annex VII, point 3 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(31d)

(31d)

In Section III of Part I of Annex VII, point 3 is replaced by the following:

| 3. | The sales descriptions listed for category V in point A of the table set out in paragraph 1 and any new name derived from those sales descriptions shall only be used if the requirements of this Annex are fulfilled. |
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3.

The sales descriptions listed for category V in point A of the table set out in paragraph 1 and any new name derived from those sales descriptions shall only be used if the requirements of this Annex are fulfilled.

| ‘3. | The sales descriptions listed for category V 
  bovine and category A sheep
  in point A of the table set out in paragraph 1 and any new name derived from those sales descriptions shall only be used if the requirements of this Annex are fulfilled. |
| --- | --- |

‘3.

The sales descriptions listed for category V 
  bovine and category A sheep
  in point A of the table set out in paragraph 1 and any new name derived from those sales descriptions shall only be used if the requirements of this Annex are fulfilled.

bovine and category A sheep

| | In particular, the terms ‘veau’, ‘telecí’, ‘Kalb’, ‘μοσχάρι’, ‘ternera’, ‘kalv’, ‘veal’, ‘vitello’, ‘vitella’, ‘kalf’, ‘vitela’ and ‘teletina’ shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months. |
| --- | --- |

In particular, the terms ‘veau’, ‘telecí’, ‘Kalb’, ‘μοσχάρι’, ‘ternera’, ‘kalv’, ‘veal’, ‘vitello’, ‘vitella’, ‘kalf’, ‘vitela’ and ‘teletina’ shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months.

| | In particular, the terms “veau”, “telecí”, “Kalb”, “μοσχάρι”, “ternera”, “kalv”, “veal”, “vitello”, “vitella”, “kalf”, “vitela” and “teletina” shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months. |
| --- | --- |

In particular, the terms “veau”, “telecí”, “Kalb”, “μοσχάρι”, “ternera”, “kalv”, “veal”, “vitello”, “vitella”, “kalf”, “vitela” and “teletina” shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months.

| | Likewise, the term “lamb” shall not be used in a sales description or be indicated on the labelling of the meat of sheep aged more than 12 months.’ |
| --- | --- |

Likewise, the term “lamb” shall not be used in a sales description or be indicated on the labelling of the meat of sheep aged more than 12 months.’

Likewise, the term “lamb” shall not be used in a sales description or be indicated on the labelling of the meat of sheep aged more than 12 months.’

Amendment 278

Amendment 278

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 33 a (new)

Article 1 — paragraph 1 — point 33 a (new)

Regulation (EU) No 1308/2013

Annex VII — Part II — point 3 — pont a

| Present text | Amendment |
| --- | --- |
| | (33a) | in point 3 of part II of Annex VII, point (a) is replaced by the following: |

Present text

Present text

Amendment

Amendment

(33a)

(33a)

in point 3 of part II of Annex VII, point (a) is replaced by the following:

| (a) | which has
  an actual alcoholic strength of not less than 15 % volume and not more than 22 % volume; |
| --- | --- |

(a)

which has
  an actual alcoholic strength of not less than 15 % volume and not more than 22 % volume;

which has

| ‘(a) | with
  an actual alcoholic strength of not less than 15 % volume and not more than 22 % volume
  . Exceptionally, and for wines of prolonged ageing, those limits may differ in certain liqueur wines with an appellation of origin or geographical indication on the list established by the Commission by means of delegated acts adopted in accordance with Article 75(2), on the condition that:








  — | the wines put into the ageing process shall fulfil the definition of liqueur wines; and |
| --- | --- | --- |

‘(a)

‘(a)

with
  an actual alcoholic strength of not less than 15 % volume and not more than 22 % volume
  . Exceptionally, and for wines of prolonged ageing, those limits may differ in certain liqueur wines with an appellation of origin or geographical indication on the list established by the Commission by means of delegated acts adopted in accordance with Article 75(2), on the condition that:

with

. Exceptionally, and for wines of prolonged ageing, those limits may differ in certain liqueur wines with an appellation of origin or geographical indication on the list established by the Commission by means of delegated acts adopted in accordance with Article 75(2), on the condition that:

—

the wines put into the ageing process shall fulfil the definition of liqueur wines; and

the wines put into the ageing process shall fulfil the definition of liqueur wines; and

| — | the actual alcoholic strength of the aged wine shall not be less than 14 % volume
  ;’ |
| --- | --- |

—

the actual alcoholic strength of the aged wine shall not be less than 14 % volume
  ;’

the actual alcoholic strength of the aged wine shall not be less than 14 % volume

Amendment 166

Amendment 166

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 32

Article 1 — paragraph 1 — point 32

Regulation (EU) No 1308/2013

Annex VII — Part II — point 18 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | The term
  ‘de-alcoholised’
  may be used together with
  the name of the grapevine
  products referred to in points 1 and 4 to 9, where the
  product: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(18)

The term
  ‘de-alcoholised’
  may be used together with
  the name of the grapevine
  products referred to in points 1 and 4 to 9, where the
  product:

The term

may be used together with

products referred to in points 1 and 4 to 9, where the

| (18) | ‘De-alcoholised’
  wine or “de-alcoholised (followed by
  the name of the grapevine
  product category used for its production) means a
  product
  which
  : |
| --- | --- |

(18)

‘De-alcoholised’
  wine or “de-alcoholised (followed by
  the name of the grapevine
  product category used for its production) means a
  product
  which
  :

wine or “de-alcoholised (followed by

product category used for its production) means a

which

Amendment 167

Amendment 167

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 32

Article 1 — paragraph 1 — point 32

Regulation (EU) No 1308/2013

Annex VII — Part II — point 18 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | has undergone a dealcoholisation treatment in accordance with the
  processes
  specified in Section E of Part I of Annex VIII; and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

has undergone a dealcoholisation treatment in accordance with the
  processes
  specified in Section E of Part I of Annex VIII; and

processes

| (b) | has undergone a dealcoholisation treatment in accordance with the
  conditions
  specified in Section E of Part I of Annex VIII; and |
| --- | --- |

(b)

has undergone a dealcoholisation treatment in accordance with the
  conditions
  specified in Section E of Part I of Annex VIII; and

conditions

Amendment 168

Amendment 168

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 32

Article 1 — paragraph 1 — point 32

Regulation (EU) No 1308/2013

Annex VII — Part II — point 19 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (19) | The term ‘
  partially de-alcoholised
  ’ may be used together with
  the name of the grapevine
  products referred to in points 1 and 4 to 9, where
  the product: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(19)

The term ‘
  partially de-alcoholised
  ’ may be used together with
  the name of the grapevine
  products referred to in points 1 and 4 to 9, where
  the product:

The term ‘

’ may be used together with

products referred to in points 1 and 4 to 9, where

| (19) | ‘Partially de-alcoholised
  wine’ or ‘Partially de-alcoholised (followed by
  the name of the grapevine
  product category used for its production)’ means
  the product
  which
  : |
| --- | --- |

(19)

‘Partially de-alcoholised
  wine’ or ‘Partially de-alcoholised (followed by
  the name of the grapevine
  product category used for its production)’ means
  the product
  which
  :

wine’ or ‘Partially de-alcoholised (followed by

product category used for its production)’ means

which

Amendment 169

Amendment 169

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 32

Article 1 — paragraph 1 — point 32

Regulation (EU) No 1308/2013

Annex VII — part II — point 19 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | has undergone a dealcoholisation treatment in accordance with the
  processes
  specified in Section E of Part I of Annex VIII; and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

has undergone a dealcoholisation treatment in accordance with the
  processes
  specified in Section E of Part I of Annex VIII; and

processes

| (b) | has undergone a dealcoholisation treatment in accordance with the
  conditions
  specified in Section E of Part I of Annex VIII; and |
| --- | --- |

(b)

has undergone a dealcoholisation treatment in accordance with the
  conditions
  specified in Section E of Part I of Annex VIII; and

conditions

Amendment 170

Amendment 170

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 32

Article 1 — paragraph 1 — point 32

Regulation (EU) No 1308/2013

Annex VII — Part II — point 19 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | has a total alcoholic strength of more than 0,5  % by volume and following the processes specified in Section E of Part I of Annex VIII its total alcoholic strength is reduced by more than 20 % by volume compared to its initial total alcoholic strength.; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

has a total alcoholic strength of more than 0,5  % by volume and following the processes specified in Section E of Part I of Annex VIII its total alcoholic strength is reduced by more than 20 % by volume compared to its initial total alcoholic strength.;

| (c) | has a total alcoholic strength of
  less than 8,5  % by volume and
  more than 0,5  % by volume and following the processes specified in Section E of Part I of Annex VIII its total alcoholic strength is reduced by more than 20 % by volume compared to its initial total alcoholic strength. |
| --- | --- |

(c)

has a total alcoholic strength of
  less than 8,5  % by volume and
  more than 0,5  % by volume and following the processes specified in Section E of Part I of Annex VIII its total alcoholic strength is reduced by more than 20 % by volume compared to its initial total alcoholic strength.

less than 8,5  % by volume and

Amendment 171

Amendment 171

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 32 a (new)

Article 1 — paragraph 1 — point 32 a (new)

Regulation (EU) No 1308/2013

Annex VII — part III — point 5

| Present text | Amendment |
| --- | --- |
| | (32a) | In Part III of Annex VII, point 5 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(32a)

(32a)

In Part III of Annex VII, point 5 is replaced by the following:

| 5. | The designations referred to in points 1, 2 and 3 may not be used for any product other than those referred to in that point. |
| --- | --- |

5.

The designations referred to in points 1, 2 and 3 may not be used for any product other than those referred to in that point.

| ‘5. | The designations referred to in points 1, 2 and 3 may not be used for any product other than those referred to in that point. |
| --- | --- |

‘5.

The designations referred to in points 1, 2 and 3 may not be used for any product other than those referred to in that point.

Those designations shall also be protected from:

Those designations shall also be protected from:

| (a) | any direct or indirect commercial use of the designation;










  (i) | for comparable products or products presented as capable of being substituted not complying with the corresponding definition; |
| --- | --- | --- |

(a)

(a)

any direct or indirect commercial use of the designation;

any direct or indirect commercial use of the designation;

(i)

(i)

for comparable products or products presented as capable of being substituted not complying with the corresponding definition;

for comparable products or products presented as capable of being substituted not complying with the corresponding definition;

| (ii) | in so far as such use exploits the reputation associated with the designation; |
| --- | --- |

(ii)

(ii)

in so far as such use exploits the reputation associated with the designation;

in so far as such use exploits the reputation associated with the designation;

| (b) | any misuse, imitation or evocation, even if the composition or true nature of the product or service is indicated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “substitute”, “like” or similar; |
| --- | --- |

(b)

(b)

any misuse, imitation or evocation, even if the composition or true nature of the product or service is indicated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “substitute”, “like” or similar;

any misuse, imitation or evocation, even if the composition or true nature of the product or service is indicated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “substitute”, “like” or similar;

| (c) | any other commercial indication or practice likely to mislead the consumer as to the product’s true nature or composition
  . |
| --- | --- |

(c)

(c)

any other commercial indication or practice likely to mislead the consumer as to the product’s true nature or composition
  .

any other commercial indication or practice likely to mislead the consumer as to the product’s true nature or composition

However, this provision shall not apply to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product.

However, this provision shall not apply to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product.’

Amendment 172

Amendment 172

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 32 b (new)

Article 1 — paragraph 1 — point 32 b (new)

Regulation (EU) No 1308/2013

Annex VII — Appendix I — paragraph 1 — point 2 — point g

| Present text | Amendment |
| --- | --- |
| | (32 b) | In point 2 of the first paragraph of Appendix I to Annex VII, point (g) is replaced by: |

Present text

Present text

Amendment

Amendment

(32 b)

(32 b)

In point 2 of the first paragraph of Appendix I to Annex VII, point (g) is replaced by:

| (g) | in Romania,
  in the area
  of Podișul Transilvaniei; |
| --- | --- |

(g)

in Romania,
  in the area
  of Podișul Transilvaniei;

in the area

| ‘(g) | in Romania,
  the wine-growing region
  of Podișul Transilvaniei’ |
| --- | --- |

‘(g)

in Romania,
  the wine-growing region
  of Podișul Transilvaniei’

the wine-growing region

Amendment 173

Amendment 173

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 32 c (new)

Article 1 — paragraph 1 — point 32 c (new)

Regulation (EU) No 1308/2013

Annex VII — Appendix I — paragraph 1 — point 4 — point f

| Present text | Amendment |
| --- | --- |
| | (32 c) | In point 4 of the first paragraph of Appendix I to Annex VII, point (f) is replaced by: |

Present text

Present text

Amendment

Amendment

(32 c)

(32 c)

In point 4 of the first paragraph of Appendix I to Annex VII, point (f) is replaced by:

| (f) | in Romania, areas planted with vines in the following regions: |
| --- | --- |

(f)

in Romania, areas planted with vines in the following regions:

| ‘(f) | in Romania, areas planted with vines in the following regions: |
| --- | --- |

‘(f)

in Romania, areas planted with vines in the following regions:

Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the
  South wine
  region
  , including sands
  and other favourable
  regions
  ;

South wine

, including sands

regions

Dealurile Buzăului
  , Munteniei and Olteniei
  , Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the
  sands
  region and other favourable
  lands in the South of the country
  ;’

, Munteniei and Olteniei

sands

lands in the South of the country

Amendment 174

Amendment 174

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 33 a (new)

Article 1 — paragraph 1 — point 33 a (new)

Regulation (EU) No 1308/2013

Annex X — point XI — paragraph 1

| Present text | Amendment |
| --- | --- |
| | (33a) | In point XI of Annex X, paragraph 1 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(33a)

(33a)

In point XI of Annex X, paragraph 1 is replaced by the following:

1.   Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall contain arbitration clauses.

‘1.   Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall contain
  conciliation and/or mediation mechanisms and
  arbitration clauses.’

Amendment 175

Amendment 175

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 33 b (new)

Article 1 — paragraph 1 — point 33 b (new)

Regulation (EU) No 1308/2013

Annex X — point XI — point 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (33b) | in point XI of Annex X, the following point is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(33b)

(33b)

in point XI of Annex X, the following point is inserted:

| ‘4a. | A sugar undertaking and the beet sellers concerned may agree on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices of sugar or other commodity markets is to be allocated between them.’ |
| --- | --- |

‘4a.

Amendment 176

Amendment 176

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 33 c (new)

Article 1 — paragraph 1 — point 33 c (new)

Regulation (EU) No 1308/2013

Annex XI

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (33c) | Annex XI is deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(33c)

(33c)

Annex XI is deleted

Amendment 177

Amendment 177

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 33 d (new)

Article 1 — paragraph 1 — point 33 d (new)

Regulation (EU) No 1308/2013

Annex XII

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (33d) | Annex XII is deleted
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(33d)

(33d)

Annex XII is deleted
  .

Annex XII is deleted

Amendment 178

Amendment 178

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 33 e (new)

Article 1 — paragraph 1 — point 33 e (new)

Regulation (EU) No 1308/2013

Annex XIII

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (33e) | Annex XIII is deleted
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(33e)

(33e)

Annex XIII is deleted
  .

Annex XIII is deleted

Amendment 179

Amendment 179

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point - 1 (new)

Article 2 — paragraph 1 — point - 1 (new)

Regulation (EU) No 1151/2012

Article 1 — paragraph 2 — point b

| Present text | Amendment |
| --- | --- |
| | (-1) | in Article 1(2), point (b) is replaced by the following: |

Present text

Present text

Amendment

Amendment

(-1)

(-1)

in Article 1(2), point (b) is replaced by the following:

| (b) | value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing. |
| --- | --- |

(b)

value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing.

| | ‘(b) | value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing
  and, where appropriate, of their contribution to sustainable development
  .’ |
| --- | --- | --- |

‘(b)

value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing
  and, where appropriate, of their contribution to sustainable development
  .’

and, where appropriate, of their contribution to sustainable development

Amendment 251

Amendment 251

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 2

Article 2 — paragraph 1 — point 2

Regulation (EU) No 1151/2012

Article 5

| Present text | Amendment |
| --- | --- |
| | (2) | Article 5 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(2)

(2)

Article 5 is replaced by the following:

Article 5

‘Article 5

Requirements for designations of origin and geographical indications

Requirements for designations of origin and geographical indications

1.   For the purpose of this Regulation, ‘designation of origin’ is a name which identifies a product:

1.   For the purpose of this Regulation, “designation of origin” is a name which identifies a product:

| (a) | originating in a specific place, region or, in exceptional cases, a country; |
| --- | --- |

(a)

originating in a specific place, region or, in exceptional cases, a country;

| (a) | originating in a specific place, region or, in exceptional cases, a country
  or a name traditionally used in a specific place
  ; |
| --- | --- |

(a)

originating in a specific place, region or, in exceptional cases, a country
  or a name traditionally used in a specific place
  ;

or a name traditionally used in a specific place

| (b) | whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its
  inherent
  natural and human factors;
  and |
| --- | --- |

(b)

whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its
  inherent
  natural and human factors;
  and

inherent

and

| (b) | whose quality or characteristics are essentially or exclusively due to a particular geographical environment, with its natural
  factors
  and human factors; |
| --- | --- |

(b)

whose quality or characteristics are essentially or exclusively due to a particular geographical environment, with its natural
  factors
  and human factors;

factors

| (c) | the production steps of which all take place in the defined geographical area. |
| --- | --- |

(c)

the production steps of which all take place in the defined geographical area.

| (c) | the production steps of which all take place in the defined geographical area. |
| --- | --- |

(c)

the production steps of which all take place in the defined geographical area.

2.   For the purpose of this Regulation, ‘geographical indication’ is a name which identifies a product:

2.   For the purpose of this Regulation, “geographical indication” is a name which identifies a product:

| (a) | originating in a specific place, region or country; |
| --- | --- |

(a)

originating in a specific place, region or country;

| (a) | originating in a specific place, region or country
  , or a name traditionally used in a specific place
  ; |
| --- | --- |

(a)

originating in a specific place, region or country
  , or a name traditionally used in a specific place
  ;

, or a name traditionally used in a specific place

| (b) | whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and |
| --- | --- |

(b)

whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and

| (b) | whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and |
| --- | --- |

(b)

whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and

| (c) | at least one of the production steps of which take place in the defined geographical area. |
| --- | --- |

(c)

at least one of the production steps of which take place in the defined geographical area.

| (c) | at least one of the production steps of which take place in the defined geographical area. |
| --- | --- |

(c)

at least one of the production steps of which take place in the defined geographical area.

3.   Notwithstanding paragraph 1, certain names shall be treated as designations of origin even though the raw materials for the products concerned come from a geographical area larger than, or different from, the defined geographical area, provided that:

3.   Notwithstanding paragraph 1, certain names shall be treated as designations of origin even though the raw materials for the products concerned come from a geographical area larger than, or different from, the defined geographical area, provided that:

| (a) | the production area of the raw materials is defined; |
| --- | --- |

(a)

the production area of the raw materials is defined;

| (a) | the production area of the raw materials is defined; |
| --- | --- |

(a)

the production area of the raw materials is defined;

| (b) | special conditions for the production of the raw materials exist; |
| --- | --- |

(b)

special conditions for the production of the raw materials exist;

| (b) | special conditions for the production of the raw materials exist; |
| --- | --- |

(b)

special conditions for the production of the raw materials exist;

| (c) | there are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and |
| --- | --- |

(c)

there are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and

| (c) | there are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and |
| --- | --- |

(c)

there are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and

| (d) | the designations of origin in question were recognised as designations of origin in the country of origin before 1 May 2004. |
| --- | --- |

(d)

the designations of origin in question were recognised as designations of origin in the country of origin before 1 May 2004.

| (d) | the designations of origin in question were recognised as designations of origin in the country of origin before 1 May 2004. |
| --- | --- |

(d)

the designations of origin in question were recognised as designations of origin in the country of origin before 1 May 2004.

Only live animals, meat and milk may be considered as raw materials for the purposes of this paragraph.

Only live animals, meat and milk may be considered as raw materials for the purposes of this paragraph.

4.   In order to take into account the specific character of production of products of animal origin, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, concerning restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin.

4.   In order to take into account the specific character of production of products of animal origin, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, concerning restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin.

In addition, in order to take into account the specific character of certain products or areas, the Commission shall be empowered to adopt delegated acts in accordance with Article 56, concerning restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials.

In addition, in order to take into account the specific character of certain products or areas, the Commission shall be empowered to adopt delegated acts in accordance with Article 56, concerning restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials.

These restrictions and derogations shall, based on objective criteria, take into account quality or usage and recognised know-how or natural factors.

These restrictions and derogations shall, based on objective criteria, take into account quality or usage and recognised know-how or natural factors.’

Amendment 182

Amendment 182

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 2 a (new)

Article 2 — paragraph 1 — point 2 a (new)

Regulation (EU) No 1151/2012

Article 6 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | (2a) | in Article 6, paragraph 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(2a)

(2a)

in Article 6, paragraph 2 is replaced by the following:

2.   A name may not be registered as a designation of origin or geographical indication where it conflicts with a name of a plant variety or an animal breed and is likely to mislead the consumer as to the true origin of the product.

‘2.   A name may not be registered as a designation of origin or geographical indication where it conflicts with a name of a plant variety or an animal breed and is likely to mislead the consumer as to the true origin of the product
  and to cause confusion between products with the registered designation and the variety or breed in question
  .

This shall take into consideration the following:

This shall take into consideration the following:

| (a) | actual use of the name of the plant variety or animal breed in the sales description; |
| --- | --- |

(a)

(a)

actual use of the name of the plant variety or animal breed in the sales description;

actual use of the name of the plant variety or animal breed in the sales description;

| (b) | any duplication of names which might result from the registration; |
| --- | --- |

(b)

(b)

any duplication of names which might result from the registration;

any duplication of names which might result from the registration;

| (c) | the extension of use of the plant variety or animal breed outside its area of origin.’ |
| --- | --- |

(c)

(c)

the extension of use of the plant variety or animal breed outside its area of origin.’

the extension of use of the plant variety or animal breed outside its area of origin.’

Amendment 252

Amendment 252

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 3

Article 2 — paragraph 1 — point 3

Regulation (EU) No 1151/2012

Article 7

| Present text | Amendment |
| --- | --- |
| | (3) | Article 7 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3)

(3)

Article 7 is replaced by the following:

Article 7

‘Article 7

Product specification

Product specification

1.   A protected designation of origin or a protected geographical indication shall comply with a specification which shall include at least:

1.   A protected designation of origin or a protected geographical indication shall comply with a specification which shall include at least:

| (a) | the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area; |
| --- | --- |

(a)

the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;

| (a) | the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area; |
| --- | --- |

(a)

the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;

| (b) | a description of the product, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product; |
| --- | --- |

(b)

a description of the product, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product;

| (b) | a description of the product, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product; |
| --- | --- |

(b)

a description of the product, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product;

| (c) | the definition of the geographical area delimited with regard to the link referred to in point (f)(i) or (ii) of this paragraph, and, where appropriate, details indicating compliance with the requirements of Article 5(3); |
| --- | --- |

(c)

the definition of the geographical area delimited with regard to the link referred to in point (f)(i) or (ii) of this paragraph, and, where appropriate, details indicating compliance with the requirements of Article 5(3);

| (c) | the definition of the geographical area delimited with regard to the link referred to in point (f)(i) or (ii) of this paragraph, and, where appropriate, details indicating compliance with the requirements of Article 5(3); |
| --- | --- |

(c)

the definition of the geographical area delimited with regard to the link referred to in point (f)(i) or (ii) of this paragraph, and, where appropriate, details indicating compliance with the requirements of Article 5(3);

| (d) | evidence that the product originates in the defined geographical area referred to in Article 5(1)
  or
  (2); |
| --- | --- |

(d)

evidence that the product originates in the defined geographical area referred to in Article 5(1)
  or
  (2);

or

| (d) | evidence
  of traceability proving
  that the product originates in the defined geographical area referred to in Article 5(1)
  and
  (2); |
| --- | --- |

(d)

evidence
  of traceability proving
  that the product originates in the defined geographical area referred to in Article 5(1)
  and
  (2);

of traceability proving

and

| (e) | a description of the method of obtaining the product and, where appropriate, the authentic and unvarying local methods as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services; |
| --- | --- |

(e)

a description of the method of obtaining the product and, where appropriate, the authentic and unvarying local methods as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;

| (e) | a description of the method of obtaining the product and, where appropriate
  , its contribution to sustainable development
  , the authentic and unvarying local methods as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services; |
| --- | --- |

(e)

a description of the method of obtaining the product and, where appropriate
  , its contribution to sustainable development
  , the authentic and unvarying local methods as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;

, its contribution to sustainable development

| (f) | details establishing the following: |
| --- | --- |

(f)

details establishing the following:

| (f) | details establishing the following: |
| --- | --- |

(f)

details establishing the following:

| | (i) | the link between the quality or characteristics of the product and the geographical environment referred to in Article 5(1); or |
| --- | --- | --- |

(i)

the link between the quality or characteristics of the product and the geographical environment referred to in Article 5(1); or

| | (i) | as regards a protected designation of origin
  the link between the quality or characteristics of the product and the geographical environment referred to in Article 5(1); or |
| --- | --- | --- |

(i)

as regards a protected designation of origin
  the link between the quality or characteristics of the product and the geographical environment referred to in Article 5(1); or

as regards a protected designation of origin

| | (ii) | where appropriate
  , the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 5(2); |
| --- | --- | --- |

(ii)

where appropriate
  , the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 5(2);

where appropriate

| | (ii) | as regards a protected geographical indication
  , the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 5(2); |
| --- | --- | --- |

(ii)

as regards a protected geographical indication
  , the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 5(2);

as regards a protected geographical indication

| (g) | the name and address of the authorities or, if available, the name and address of bodies verifying compliance with the provisions of the product specification pursuant to Article 37 and their specific tasks; |
| --- | --- |

(g)

the name and address of the authorities or, if available, the name and address of bodies verifying compliance with the provisions of the product specification pursuant to Article 37 and their specific tasks;

| (g) | the name and address of the authorities or, if available, the name and address of bodies verifying compliance with the provisions of the product specification pursuant to Article 37 and their specific tasks; |
| --- | --- |

(g)

the name and address of the authorities or, if available, the name and address of bodies verifying compliance with the provisions of the product specification pursuant to Article 37 and their specific tasks;

| (h) | any specific labelling rule for the product in question. |
| --- | --- |

(h)

any specific labelling rule for the product in question.

| (h) | any specific labelling rule for the product in question. |
| --- | --- |

(h)

any specific labelling rule for the product in question.

2.   In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down rules which limit the information contained in the specification referred to in paragraph 1 of this Article, where such a limitation is necessary to avoid excessively voluminous applications for registration.

2.   In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down rules which limit the information contained in the specification referred to in paragraph 1 of this Article, where such a limitation is necessary to avoid excessively voluminous applications for registration.

The Commission may adopt implementing acts laying down rules on the form of the specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).

The Commission may adopt implementing acts laying down rules on the form of the specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).’

Amendment 185

Amendment 185

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 4 a (new)

Article 2 — paragraph 1 — point 4 a (new)

Regulation (EU) No 1151/2012

Article 11 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | (4a) | in Article 11, paragraph 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(4a)

(4a)

in Article 11, paragraph 2 is replaced by the following:

2.   Geographical indications pertaining to products of third countries that are protected in the Union under an international agreement to which the Union is a contracting party may be entered in the register. Unless specifically identified in the said agreement as protected designations of origin under this Regulation, such names shall be entered in the register as protected geographical indications.

‘2.   Geographical indications pertaining to products of third countries that are protected in the Union under an international agreement to which the Union is a contracting party may be entered in the register
  if the agreement so provides
  . Unless specifically identified in the said agreement as protected designations of origin under this Regulation, such names shall be entered in the register as protected geographical indications.’

Amendment 186

Amendment 186

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 4 b (new)

Article 2 — paragraph 1 — point 4 b (new)

Regulation (EU) No 1151/2012

Article 12

| Present text | Amendment |
| --- | --- |
| | (4b) | Article 12 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(4b)

(4b)

Article 12 is replaced by the following:

Article 12

‘Article 12

Names, symbols and indications

Names, symbols and indications

1.   Protected designations of origin and protected geographical indications may be used by any operator marketing a product conforming to the corresponding specification.

1.   Protected designations of origin and protected geographical indications may be used by any operator marketing a product conforming to the corresponding specification.

2.   Union symbols designed to publicise protected designations of origin and protected geographical indications shall be established.

2.   Union symbols designed to publicise protected designations of origin and protected geographical indications shall be established.

3.   In the case of products originating in the Union that are marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the Union symbols associated with them shall appear on the labelling. In addition, the registered name of the product should appear in the same field of vision. The indications ‘protected designation of origin’ or ‘protected geographical indication’ or the corresponding abbreviations ‘PDO’ or ‘PGI’ may appear on the labelling.

3.   In the case of products originating in the Union that are marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the Union symbols associated with them shall appear on the labelling
  , advertising material and documents relating to the product involved
  . In addition, the registered name of the product should appear in the same field of vision
  and in a prominent place, so that it is easily visible, clearly readable and, if applicable, indelible. It shall under no circumstances be concealed, obscured, or interrupted by any other written or pictorial element or any other intermediate document
  . The indications “protected designation of origin” or “protected geographical indication” or the corresponding abbreviations “PDO” or “PGI” may appear on the labelling.

4.   In addition, the following may also appear on the labelling: depictions of the geographical area of origin, as referred to in Article 5, and text, graphics or symbols referring to the Member State and/or region in which that geographical area of origin is located.

4.   In addition, the following may also appear on the labelling: depictions of the geographical area of origin, as referred to in Article 5, and text, graphics or symbols referring to the Member State and/or region in which that geographical area of origin is located.

5.   Without prejudice to Directive 2000/13/EC, the collective geographical marks referred to in Article 15 of Directive 2008/95/EC may be used on labels, together with the protected designation of origin or protected geographical indication.

5.   Without prejudice to Directive 2000/13/EC, the collective geographical marks referred to in Article 15 of Directive 2008/95/EC may be used on labels, together with the protected designation of origin or protected geographical indication.

6.   In the case of products originating in third countries marketed under a name entered in the register, the indications referred to in paragraph 3 or the Union symbols associated with them may appear on the labelling.

6.   In the case of products originating in third countries marketed under a name entered in the register, the indications referred to in paragraph 3 or the Union symbols associated with them may appear on the labelling.
  In the case of products from third countries protected by an international agreement to which the Union is a contracting party and which are not marketed under a name entered in the register, the indications referred to in paragraph 3 or the Union symbols associated with them shall not appear on the labelling.

7.   In order to ensure that the appropriate information is communicated to the consumer, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, establishing the Union symbols.

7.   In order to ensure that the appropriate information is communicated to the consumer, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, establishing the Union symbols.

The Commission may adopt implementing acts defining the technical characteristics of the Union symbols and indications as well as the rules of their use on the products marketed under a protected designation of origin or a protected geographical indication, including rules concerning the appropriate linguistic versions to be used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).

The Commission may adopt implementing acts defining the technical characteristics of the Union symbols and indications as well as the rules of their use on the products marketed under a protected designation of origin or a protected geographical indication, including rules concerning the appropriate linguistic versions to be used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).’

Amendment 253

Amendment 253

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 5

Article 2 — paragraph 1 — point 5

Regulation (EU) No 1151/2012

Article 13

| Present text | Amendment |
| --- | --- |
| | (5) | Article 13 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(5)

(5)

Article 13 is replaced by the following:

Article 13

‘Article 13

Protection

Protection

1.   Registered names shall be protected against:

1.   Registered names shall be protected against:

| (a) | any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation of the protected name, including when those products are used as an ingredient; |
| --- | --- |

(a)

any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation of the protected name, including when those products are used as an ingredient;

| (a) | any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits
  , weakens or dilutes
  the reputation of the protected name, including when those products are used as an ingredient; |
| --- | --- |

(a)

any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits
  , weakens or dilutes
  the reputation of the protected name, including when those products are used as an ingredient;

, weakens or dilutes

| (b) | any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar, including when those products are used as an ingredient; |
| --- | --- |

(b)

any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar, including when those products are used as an ingredient;

| (b) | any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation” or similar, including when those products are used as an ingredient; |
| --- | --- |

(b)

any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation” or similar, including when those products are used as an ingredient;

| (c) | any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin; |
| --- | --- |

(c)

any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;

| (c) | any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin; |
| --- | --- |

(c)

any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;

| (d) | any other practice liable to mislead the consumer as to the true origin of the product. |
| --- | --- |

(d)

any other practice liable to mislead the consumer as to the true origin of the product.

| (d) | any other practice liable to mislead the consumer as to the true origin of the product; |
| --- | --- |

(d)

any other practice liable to mislead the consumer as to the true origin of the product;

| (da) | any registration, in bad faith, of a domain name that is similar or that may be confused, in full or in part, with a protected name. |
| --- | --- |

(da)

(da)

any registration, in bad faith, of a domain name that is similar or that may be confused, in full or in part, with a protected name.

any registration, in bad faith, of a domain name that is similar or that may be confused, in full or in part, with a protected name.

Where a protected designation of origin or a protected geographical indication contains within it the name of a product which is considered to be generic, the use of that generic name shall not be considered to be contrary to points (a) or (b) of the first subparagraph.

Where a protected designation of origin or a protected geographical indication contains within it the name of a product which is considered to be generic, the use of that generic name shall not be considered to be contrary to points (a) or (b) of the first subparagraph.

2.   Protected designations of origin and protected geographical indications shall not become generic.

2.   Protected designations of origin and protected geographical indications shall not become generic.

3.   Member States shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as referred to in paragraph 1, that are produced or marketed in that Member State.

3.   Member States shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as referred to in paragraph 1, that are produced or marketed in that Member State.

3a.
     
  The protection referred to in paragraph 1 of this Article shall also apply with regard to goods in transit within the meaning of point 44 of Article 3 of Regulation (EU) 2017/625 entering the customs territory of the Union without being released for free circulation within the customs territory of the Union and with regard to goods sold through means of distance communication.

To that end Member States shall designate the authorities that are responsible for taking these steps in accordance with procedures determined by each individual Member State.

To that end Member States shall designate the authorities that are responsible for taking these steps in accordance with procedures determined by each individual Member State.

These authorities shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.

These authorities shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.’

Amendment 189

Amendment 189

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 6

Article 2 — paragraph 1 — point 6

Regulation (EU) No 1151/2012

Article 15 — paragraphs 1 and 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | Article 15 is amended as follows: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(6)

(6)

Article 15 is amended as follows:

deleted

deleted

| | (a) | in paragraph 1, the second subparagraph is replaced by the following:



  ‘Those implementing acts shall be adopted without applying the examination procedure referred to in Article 57(2).;’ |
| --- | --- | --- |

(a)

(a)

in paragraph 1, the second subparagraph is replaced by the following:

in paragraph 1, the second subparagraph is replaced by the following:

‘Those implementing acts shall be adopted without applying the examination procedure referred to in Article 57(2).;’

| | (b) | in paragraph 2, the introductory sentence is replaced by the following:



  ‘Without prejudice to Article 14, the Commission may adopt implementing acts extending the transitional period mentioned in paragraph 1 of this Article in justified cases where it is shown that:’; |
| --- | --- | --- |

(b)

(b)

in paragraph 2, the introductory sentence is replaced by the following:

in paragraph 2, the introductory sentence is replaced by the following:

‘Without prejudice to Article 14, the Commission may adopt implementing acts extending the transitional period mentioned in paragraph 1 of this Article in justified cases where it is shown that:’;

Amendment 190

Amendment 190

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 6 a (new)

Article 2 — paragraph 1 — point 6 a (new)

Regulation (EU) No 1151/2012

Article 15

| Present text | Amendment |
| --- | --- |
| | (6a) | Article 15 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(6a)

(6a)

Article 15 is replaced by the following:

Article 15

‘Article 15

Transitional periods for use of protected designations of origin and protected geographical indications

Transitional periods for use of protected designations of origin and protected geographical indications

1.   Without prejudice to Article 14, the Commission may adopt implementing acts granting a transitional period of up to five years to enable products originating in a Member State or a third country the designation of which consists of or contains a name that contravenes Article 13(1) to continue to use the designation under which it was marketed on condition that an admissible statement of opposition under Article 49(3) or Article 51 shows that:

1.   Without prejudice to Article 14, the Commission may adopt implementing acts granting a transitional period of up to five years to enable products originating in a Member State or a third country the designation of which consists of or contains a name that contravenes Article 13(1) to continue to use the designation under which it was marketed on condition that an admissible statement of opposition under Article49(3) or Article 51 shows that:

| (a) | the registration of the name would jeopardise the existence of an entirely or partly identical name; or |
| --- | --- |

(a)

the registration of the name would jeopardise the existence of an entirely or partly identical name; or

| (a) | the registration of the name would jeopardise the existence of an entirely or partly identical name; or |
| --- | --- |

(a)

the registration of the name would jeopardise the existence of an entirely or partly identical name; or

| (b) | such products have been legally marketed with that name in the territory concerned for at least five years preceding the date of the publication provided for point (a) of Article 50(2)
  .Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2)
  . |
| --- | --- |

(b)

such products have been legally marketed with that name in the territory concerned for at least five years preceding the date of the publication provided for point (a) of Article 50(2)
  .Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2)
  .

.Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2)

| (b) | such products have been legally marketed with that name in the territory concerned for at least five years preceding the date of the publication provided for point (a) of Article 50(2). |
| --- | --- |

(b)

such products have been legally marketed with that name in the territory concerned for at least five years preceding the date of the publication provided for point (a) of Article 50(2).

2.   Without prejudice to Article 14, the Commission may adopt implementing acts extending the transitional period mentioned in paragraph 1 of this Article to 15 years in duly justified cases where it is shown that:

2.   Without prejudice to Article 14, the Commission may adopt implementing acts extending the transitional period mentioned in paragraph 1 of this Article to 15 years in duly justified cases where it is shown that:

| (a) | the designation referred to in paragraph 1 of this Article has been in legal use consistently and fairly for at least 25 years before the application for registration was submitted to the Commission; |
| --- | --- |

(a)

the designation referred to in paragraph 1 of this Article has been in legal use consistently and fairly for at least 25 years before the application for registration was submitted to the Commission;

| (a) | the designation referred to in paragraph 1 of this Article has been in legal use consistently and fairly for at least 25 years before the application for registration was submitted to the Commission; |
| --- | --- |

(a)

the designation referred to in paragraph 1 of this Article has been in legal use consistently and fairly for at least 25 years before the application for registration was submitted to the Commission;

| (b) | the purpose of using the designation referred to in paragraph 1 of this Article has not, at any time, been to profit from the reputation of the registered name and it is shown that the consumer has not been nor could have been misled as to the true origin of the product. |
| --- | --- |

(b)

the purpose of using the designation referred to in paragraph 1 of this Article has not, at any time, been to profit from the reputation of the registered name and it is shown that the consumer has not been nor could have been misled as to the true origin of the product.

| (b) | the purpose of using the designation referred to in paragraph 1 of this Article has not, at any time, been to profit from the reputation of the registered name and it is shown that the consumer has not been nor could have been misled as to the true origin of the product. |
| --- | --- |

(b)

the purpose of using the designation referred to in paragraph 1 of this Article has not, at any time, been to profit from the reputation of the registered name and it is shown that the consumer has not been nor could have been misled as to the true origin of the product.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article57(2).

3.   When using a designation referred to in paragraphs 1 and 2, the indication of country of origin shall clearly and visibly appear on the labelling.

3.   When using a designation referred to in paragraphs 1 and 2, the indication of country of origin shall clearly and visibly appear on the labelling.

4.   To overcome temporary difficulties with the long-term objective of ensuring that all producers in the area concerned comply with the specification, a Member State may grant a transitional period of up to 10 years, with effect from the date on which the application is lodged with the Commission, on condition that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least the five years prior to the
  lodging of the application to the authorities of the Member State and have made that point in
  the national opposition procedure referred to in Article 49(3).

4.   To overcome temporary difficulties with the long-term objective of ensuring that all producers in the area concerned comply with the specification, a Member State may grant a transitional period of up to 10 years, with effect from the date on which the application is lodged with the Commission, on condition that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least the five years prior to the
  launch of
  the national opposition procedure referred to in Article 49(3)
  and have made that point in that procedure
  .

The first subparagraph shall apply mutatis mutandis to a protected geographical indication or protected designation of origin referring to a geographical area situated in a third country, with the exception of the opposition procedure.

The first subparagraph shall apply mutatis mutandis to a protected geographical indication or protected designation of origin referring to a geographical area situated in a third country, with the exception of the opposition procedure.

Such transitional periods shall be indicated in the application dossier referred to in Article 8(2).

Such transitional periods shall be indicated in the application dossier referred to in Article 8(2).’

Amendment 191

Amendment 191

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 7 a (new)

Article 2 — paragraph 1 — point 7 a (new)

Regulation (EU) No 1151/2012

Article 18 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | in Article 18, paragraph 3 is deleted. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7a)

(7a)

in Article 18, paragraph 3 is deleted.

Amendment 192

Amendment 192

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 8 a (new)

Article 2 — paragraph 1 — point 8 a (new)

Regulation (EU) No 1151/2012

Article 23 — paragraph 3

| Present text | Amendment |
| --- | --- |
| | (8a) | in Article 23, paragraph 3 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(8a)

(8a)

in Article 23, paragraph 3 is replaced by the following:

3.   In the case of the products originating in the Union that are marketed under a traditional speciality guaranteed that is registered in accordance with this Regulation, the symbol referred to in paragraph 2 shall, without prejudice to paragraph 4, appear on the labelling. In addition, the name of the product should appear in the same field of vision. The indication ‘traditional speciality guaranteed’ or the corresponding abbreviation ‘TSG’ may also appear on the labelling.

‘3.   In the case of the products originating in the Union that are marketed under a traditional speciality guaranteed that is registered in accordance with this Regulation, the symbol referred to in paragraph 2 shall, without prejudice to paragraph 4, appear on the labelling
  , advertising material and documents relating to the product involved
  . In addition, the name of the product should appear in the same field of vision
  and in a prominent place, so that it is easily visible, clearly readable and, if applicable, indelible. It shall under no circumstances be concealed, obscured or interrupted by any other written or pictorial element or any other intermediate document.
  The indication “traditional speciality guaranteed” or the corresponding abbreviation “TSG” may also appear on the labelling.’

Amendment 193

Amendment 193

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 9

Article 2 — paragraph 1 — point 9

Regulation (EU) No 1151/2012

Article 24a — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Those implementing acts shall be adopted
  without applying
  the examination procedure referred to in Article 57(2).; | Those implementing acts shall be adopted
  in accordance with
  the examination procedure referred to in Article 57(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Those implementing acts shall be adopted
  without applying
  the examination procedure referred to in Article 57(2).;

without applying

Those implementing acts shall be adopted
  in accordance with
  the examination procedure referred to in Article 57(2).

in accordance with

Amendment 194

Amendment 194

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 9 a (new)

Article 2 — paragraph 1 — point 9 a (new)

Regulation (EU) No 1151/2012

Article 33 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9 a) | The following article is inserted:




  ‘Article 33a




  Additional rules concerning the use of an optional quality term “mountain product




  Member States may authorise the placement of a product, using the optional quality term “mountain product”, if the rules for its production are not in breach of the production and labelling requirements of a mountain product in the given country if such requirements exist.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9 a)

(9 a)

The following article is inserted:

‘Article 33a

Additional rules concerning the use of an optional quality term “mountain product

Member States may authorise the placement of a product, using the optional quality term “mountain product”, if the rules for its production are not in breach of the production and labelling requirements of a mountain product in the given country if such requirements exist.’

Amendment 195

Amendment 195

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 10

Article 2 — paragraph 1 — point 10

Regulation (EU) No 1151/2012

Article 49 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.   The Member State shall inform the Commission without delay if any procedure is initiated before a national court or other national body concerning an application lodged with the Commission, in accordance with paragraph 4. | 8.   The Member State shall inform the Commission without delay if any procedure is initiated before a national court or other national body concerning
  a final decision by the competent national authority on
  an application lodged with the Commission, in accordance with paragraph 4. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.   The Member State shall inform the Commission without delay if any procedure is initiated before a national court or other national body concerning an application lodged with the Commission, in accordance with paragraph 4.

8.   The Member State shall inform the Commission without delay if any procedure is initiated before a national court or other national body concerning
  a final decision by the competent national authority on
  an application lodged with the Commission, in accordance with paragraph 4.

Amendment 196

Amendment 196

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 10

Article 2 — paragraph 1 — point 10

Regulation (EU) No 1151/2012

Article 49 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9.
     
  Where appropriate, the Commission may adopt implementing acts to suspend the scrutiny of the application for registration referred to in Article 50 until a national court or other national body has adjudicated on a challenge to an application for registration where the Member State has taken a favourable decision in a national procedure in accordance with paragraph 4. | deleted |
| Those implementing acts shall be adopted without applying the examination procedure referred to in Article 57(2).; | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.
     
  Where appropriate, the Commission may adopt implementing acts to suspend the scrutiny of the application for registration referred to in Article 50 until a national court or other national body has adjudicated on a challenge to an application for registration where the Member State has taken a favourable decision in a national procedure in accordance with paragraph 4.

deleted

deleted

Those implementing acts shall be adopted without applying the examination procedure referred to in Article 57(2).;

Those implementing acts shall be adopted without applying the examination procedure referred to in Article 57(2).;

Amendment 197

Amendment 197

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 11

Article 2 — paragraph 1 — point 11

Regulation (EU) No 1151/2012

Article 50 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall examine applications for registration that it receives in accordance with Article 49(4) and (5). The Commission shall review the applications
  for manifest errors, taking into account the outcome of
  the scrutiny and opposition procedure carried out by the Member State concerned. | 1.   The Commission shall examine applications for registration that it receives in accordance with Article 49(4) and (5). The Commission shall review the applications
  received following
  the scrutiny and opposition procedure carried out by the Member State concerned
  to see whether they contain any manifest errors
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission shall examine applications for registration that it receives in accordance with Article 49(4) and (5). The Commission shall review the applications
  for manifest errors, taking into account the outcome of
  the scrutiny and opposition procedure carried out by the Member State concerned.

1.   The Commission shall examine applications for registration that it receives in accordance with Article 49(4) and (5). The Commission shall review the applications
  received following
  the scrutiny and opposition procedure carried out by the Member State concerned
  to see whether they contain any manifest errors
  .

Amendment 198

Amendment 198

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 14

Article 2 — paragraph 1 — point 14

Regulation (EU) No 1151/2012

Article 53 — paragraphs 2 and 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| [...] | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

[...]

deleted

deleted

Amendment 199

Amendment 199

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 14 a (new)

Article 2 — paragraph 1 — point 14 a (new)

Regulation (EU) No 1151/2012

Article 53

| Present text | Amendment |
| --- | --- |
| | (14a) | Article 53 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(14a)

(14a)

Article 53 is replaced by the following:

Article 53

‘Article 53

Amendment to a product specification

Amendment to a product specification

1.   A group having a legitimate interest may apply for approval of an amendment to a product specification.

1.   A group having a legitimate interest may apply for approval of an amendment to a product specification.

Applications shall describe and give reasons for the amendments requested.

Applications shall describe and give reasons for the amendments requested.

2.   
  Where the amendment involves one or more
  amendments to
  the
  specification
  that are not minor
  ,
  the
  amendment
  application
  shall follow the procedure laid down in Articles 49 to 52

2.   Amendments to
  a product
  specification
  shall be classified into two categories as regards their importance: Union amendments
  ,
  requiring an opposition procedure at the Union level, and standard amendments to be dealt with at Member State or third country level.

An
  amendment
  shall be considered to be a Union amendment where:

An

shall be considered to be a Union amendment where:

| (a) | it includes a change in the name of the protected designation of origin, protected geographical indication or traditional speciality guaranteed; |
| --- | --- |

(a)

(a)

it includes a change in the name of the protected designation of origin, protected geographical indication or traditional speciality guaranteed;

it includes a change in the name of the protected designation of origin, protected geographical indication or traditional speciality guaranteed;

| (b) | it risks distorting the links referred to in point (b) of Article 5(1) for protected designations of origin and of Article 5(2) for protected geographical indications; |
| --- | --- |

(b)

(b)

it risks distorting the links referred to in point (b) of Article 5(1) for protected designations of origin and of Article 5(2) for protected geographical indications;

it risks distorting the links referred to in point (b) of Article 5(1) for protected designations of origin and of Article 5(2) for protected geographical indications;

| (c) | it introduces changes to the production method or to the use of raw materials and ingredients that deviate from the traditional practice and uses for traditional specialities guaranteed; |
| --- | --- |

(c)

(c)

it introduces changes to the production method or to the use of raw materials and ingredients that deviate from the traditional practice and uses for traditional specialities guaranteed;

it introduces changes to the production method or to the use of raw materials and ingredients that deviate from the traditional practice and uses for traditional specialities guaranteed;

| (d) | it entails new restrictions on the marketing of the product. |
| --- | --- |

(d)

(d)

it entails new restrictions on the marketing of the product.

it entails new restrictions on the marketing of the product.

All other amendments to product specifications shall be considered to be standard amendments. A temporary amendment that concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse weather conditions formally recognised by the competent authorities are also considered to be standard amendments.

All other amendments to product specifications shall be considered to be standard amendments. A temporary amendment that concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse weather conditions formally recognised by the competent authorities are also considered to be standard amendments.

Union amendments shall be approved by the Commission. The approval procedure
  shall follow
  , mutatis mutandis,
  the procedure laid down in Articles 49 to 52.

Union amendments shall be approved by the Commission. The approval procedure

, mutatis mutandis,

However, if the proposed
  amendments
  are minor, the Commission
  shall
  approve or reject the application. In the event of the approval of amendments implying a modification of the elements referred to in Article 50(2), the Commission shall publish those elements in the Official Journal of the European Union.

However, if the proposed

are minor, the Commission

approve or reject the application. In the event of the approval of amendments implying a modification of the elements referred to in Article 50(2), the Commission shall publish those elements in the Official Journal of the European Union.

Standard
  amendments shall
  be approved by the Member State in the territory of which the
  geographical area of the product
  concerned is located and notified
  to the
  Commission. Third countries shall approve standard amendments in accordance with the law applicable in the third country concerned and notify them
  to the
  Commission
  .

Standard

be approved by the Member State in the territory of which the

concerned is located and notified

Commission. Third countries shall approve standard amendments in accordance with the law applicable in the third country concerned and notify them

Commission

For an amendment to be regarded as minor in the case of the quality scheme described in Title II, it shall not:

For an amendment to be regarded as minor in the case of the quality scheme described in Title II, it shall not:

| (a) | relate to the essential characteristics of the product; |
| --- | --- |

(a)

(a)

relate to the essential characteristics of the product;

relate to the essential characteristics of the product;

| (b) | alter the link referred to in point (f)(i) or (ii) of Article 7(1); |
| --- | --- |

(b)

(b)

alter the link referred to in point (f)(i) or (ii) of Article 7(1);

alter the link referred to in point (f)(i) or (ii) of Article 7(1);

| (c) | include a change to the name, or to any part of the name of the product; |
| --- | --- |

(c)

(c)

include a change to the name, or to any part of the name of the product;

include a change to the name, or to any part of the name of the product;

| (d) | affect the defined
  geographical area
  ; or |
| --- | --- |

(d)

(d)

affect the defined
  geographical area
  ; or

affect the defined

; or

| (e) | represent an increase in restrictions on trade in the product or its raw materials. |
| --- | --- |

(e)

(e)

represent an increase in restrictions on trade in the product or its raw materials.

represent an increase in restrictions on trade in the product or its raw materials.

For an amendment to be regarded as minor in the case of the quality scheme described in Title III, it shall not:

For an amendment to be regarded as minor in the case of the quality scheme described in Title III, it shall not:

| (a) | relate to the essential characteristics
  of the product; |
| --- | --- |

(a)

(a)

relate to the essential characteristics
  of the product;

relate to the essential characteristics

| (b) | introduce essential changes
  to the
  production method; or |
| --- | --- |

(b)

(b)

introduce essential changes
  to the
  production method; or

introduce essential changes

production method; or

| (c) | include a change
  to the
  name, or to any part of the name of the product
  . |
| --- | --- |

(c)

(c)

include a change
  to the
  name, or to any part of the name of the product
  .

include a change

name, or to any part of the name of the product

The scrutiny of the application shall focus on the proposed amendment.

The scrutiny of the application shall focus on the proposed amendment.

2a.
     
  Article 15 applies also to the Union’s requests for amendment and standard amendments to a specification.

3.   In order to facilitate the administrative process of
  an amendment application
  , including where the amendment does not involve any change to the single document
  and where it concerns a temporary change in the specification resulting from the imposition of obligatory sanitary or phytosanitary measures by the public authorities
  , the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, complementing the rules of the amendment application process.

3.   In order to facilitate the administrative process of
  Union and standard amendments to product specification
  , including where the amendment does not involve any change to the single document, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, complementing the rules of the amendment application process.

3a.
     
  The Commission shall adopt guidelines setting out criteria and a common methodology for the application of and compliance with the administrative processing of amendments to product specifications, both Union and normal, to ensure consistency in the application of normal amendments at national level. By ... [three years after the date of entry into force of this (amending) Regulation], the Commission shall conduct an initial assessment of the effectiveness of the administrative processing of amendments to product specifications, both Union and normal, to assess the impact and consistency of the application of the reform at national level. After the assessment, the Commission shall present a report on the main conclusions to the European Parliament and to the Council.

The Commission may adopt implementing acts laying down detailed rules on procedures, form and presentation of an amendment application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).

The Commission may adopt implementing acts laying down detailed rules on procedures, form and presentation of an amendment application
  and notification of standard amendments to the Commission
  . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).’

and notification of standard amendments to the Commission

Amendment 200

Amendment 200

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 15

Article 2 — paragraph 1 — point 15

Regulation (EU) No 1151/2012

Annex I — part I — indent 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | beeswax. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

beeswax.

beeswax.

Amendment 201

Amendment 201

Proposal for a regulation

Proposal for a regulation

Article 3 — point 3 a (new)

Article 3 — point 3 a (new)

Regulation (EU) No 251/2014

Article 3

| Present text | Amendment |
| --- | --- |
| | (3a) | Article 3 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3a)

(3a)

Article 3 is replaced by the following:

Article 3

‘Article 3

Definition and classification of aromatised wine products

Definition and classification of aromatised wine products

1.   Aromatised wine products are products obtained from products of the wine sector as referred to in Regulation (EU) No 1308/2013 that have been flavoured. They are classified into the following categories:

1.   Aromatised wine products are products obtained from products of the wine sector as referred to in Regulation (EU) No 1308/2013 that have been flavoured. They are classified into the following categories:

| (a) | aromatised wines; |
| --- | --- |

(a)

aromatised wines;

| (a) | aromatised wines; |
| --- | --- |

(a)

aromatised wines;

| (b) | aromatised wine-based drinks; |
| --- | --- |

(b)

aromatised wine-based drinks;

| (b) | aromatised wine-based drinks; |
| --- | --- |

(b)

aromatised wine-based drinks;

| (c) | aromatised wine-product cocktails. |
| --- | --- |

(c)

aromatised wine-product cocktails.

| (c) | aromatised wine-product cocktails; |
| --- | --- |

(c)

aromatised wine-product cocktails;

| (ca) | dealcoholised aromatised wine products. |
| --- | --- |

(ca)

(ca)

dealcoholised aromatised wine products.

dealcoholised aromatised wine products.

2.   Aromatised wine is a drink:

2.   Aromatised wine is a drink:

| (a) | obtained from one or more of the grapevine products defined in point 5 of Part IV of Annex II and in points 1 and 3 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of ‘Retsina’ wine; |
| --- | --- |

(a)

obtained from one or more of the grapevine products defined in point 5 of Part IV of Annex II and in points 1 and 3 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of ‘Retsina’ wine;

| (a) | obtained from one or more of the grapevine products defined in point 5 of Part IV of Annex II and in points 1 and 3 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of “Retsina” wine; |
| --- | --- |

(a)

obtained from one or more of the grapevine products defined in point 5 of Part IV of Annex II and in points 1 and 3 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of “Retsina” wine;

| (b) | in which the grapevine products referred to in point (a) represent at least 75 % of the total volume; |
| --- | --- |

(b)

in which the grapevine products referred to in point (a) represent at least 75 % of the total volume;

| (b) | in which the grapevine products referred to in point (a) represent at least 75 % of the total volume; |
| --- | --- |

(b)

in which the grapevine products referred to in point (a) represent at least 75 % of the total volume;

| (c) | to which alcohol may have been added; |
| --- | --- |

(c)

to which alcohol may have been added;

| (c) | to which alcohol may have been added; |
| --- | --- |

(c)

to which alcohol may have been added;

| (d) | to which colours may have been added; |
| --- | --- |

(d)

to which colours may have been added;

| (d) | to which colours may have been added; |
| --- | --- |

(d)

to which colours may have been added;

| (e) | to which grape must, partially fermented grape must or both may have been added; |
| --- | --- |

(e)

to which grape must, partially fermented grape must or both may have been added;

| (e) | to which grape must, partially fermented grape must or both may have been added; |
| --- | --- |

(e)

to which grape must, partially fermented grape must or both may have been added;

| (f) | which may have been sweetened; |
| --- | --- |

(f)

which may have been sweetened;

| (f) | which may have been sweetened; |
| --- | --- |

(f)

which may have been sweetened;

| (g) | which has an actual alcoholic strength by volume of not less than 14,5  % vol. and less than 22 % vol. and a total alcoholic strength by volume of not less than 17,5  % vol. |
| --- | --- |

(g)

which has an actual alcoholic strength by volume of not less than 14,5  % vol. and less than 22 % vol. and a total alcoholic strength by volume of not less than 17,5  % vol.

| (g) | which has an actual alcoholic strength by volume of not less than 14,5  % vol. and less than 22 % vol. and a total alcoholic strength by volume of not less than 17,5  % vol. |
| --- | --- |

(g)

which has an actual alcoholic strength by volume of not less than 14,5  % vol. and less than 22 % vol. and a total alcoholic strength by volume of not less than 17,5  % vol.

3.   Aromatised wine-based drink is a drink:

3.   Aromatised wine-based drink is a drink:

| (a) | obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wines produced with the addition of alcohol and ‘Retsina’ wine; |
| --- | --- |

(a)

obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wines produced with the addition of alcohol and ‘Retsina’ wine;

| (a) | obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wines produced with the addition of alcohol and “Retsina” wine; |
| --- | --- |

(a)

obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wines produced with the addition of alcohol and “Retsina” wine;

| (b) | in which the grapevine products referred to in point (a) represent at least 50 % of the total volume; |
| --- | --- |

(b)

in which the grapevine products referred to in point (a) represent at least 50 % of the total volume;

| (b) | in which the grapevine products referred to in point (a) represent at least 50 % of the total volume; |
| --- | --- |

(b)

in which the grapevine products referred to in point (a) represent at least 50 % of the total volume;

| (c) | to which no alcohol has been added, except where Annex II provides otherwise; |
| --- | --- |

(c)

to which no alcohol has been added, except where Annex II provides otherwise;

| (c) | to which no alcohol has been added, except where Annex II provides otherwise; |
| --- | --- |

(c)

to which no alcohol has been added, except where Annex II provides otherwise;

| (d) | to which colours may have been added; |
| --- | --- |

(d)

to which colours may have been added;

| (d) | to which colours may have been added; |
| --- | --- |

(d)

to which colours may have been added;

| (e) | to which grape must, partially fermented grape must or both may have been added; |
| --- | --- |

(e)

to which grape must, partially fermented grape must or both may have been added;

| (e) | to which grape must, partially fermented grape must or both may have been added; |
| --- | --- |

(e)

to which grape must, partially fermented grape must or both may have been added;

| (f) | which may have been sweetened; |
| --- | --- |

(f)

which may have been sweetened;

| (f) | which may have been sweetened; |
| --- | --- |

(f)

which may have been sweetened;

| (g) | which has an actual alcoholic strength by volume of not less than 4,5  % vol. and less than 14,5  % vol. |
| --- | --- |

(g)

which has an actual alcoholic strength by volume of not less than 4,5  % vol. and less than 14,5  % vol.

| (g) | which has an actual alcoholic strength by volume of not less than 4,5  % vol. and less than 14,5  % vol. |
| --- | --- |

(g)

which has an actual alcoholic strength by volume of not less than 4,5  % vol. and less than 14,5  % vol.

4.   Aromatised wine-product cocktail is a drink:

4.   Aromatised wine-product cocktail is a drink:

| (a) | obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 11 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wines produced with the addition of alcohol and ‘Retsina’ wine; |
| --- | --- |

(a)

obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 11 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wines produced with the addition of alcohol and ‘Retsina’ wine;

| (a) | obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 11 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wines produced with the addition of alcohol and “Retsina” wine; |
| --- | --- |

(a)

obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 11 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wines produced with the addition of alcohol and “Retsina” wine;

| (b) | in which the grapevine products referred to in point (a) represent at least 50 % of the total volume; |
| --- | --- |

(b)

in which the grapevine products referred to in point (a) represent at least 50 % of the total volume;

| (b) | in which the grapevine products referred to in point (a) represent at least 50 % of the total volume; |
| --- | --- |

(b)

in which the grapevine products referred to in point (a) represent at least 50 % of the total volume;

| (c) | to which no alcohol has been added; |
| --- | --- |

(c)

to which no alcohol has been added;

| (c) | to which no alcohol has been added; |
| --- | --- |

(c)

to which no alcohol has been added;

| (d) | to which colours may have been added; |
| --- | --- |

(d)

to which colours may have been added;

| (d) | to which colours may have been added; |
| --- | --- |

(d)

to which colours may have been added;

| (e) | which may have been sweetened; |
| --- | --- |

(e)

which may have been sweetened;

| (e) | which may have been sweetened; |
| --- | --- |

(e)

which may have been sweetened;

| (f) | which has an actual alcoholic strength by volume of more than 1,2  % vol. and less than 10 % vol. |
| --- | --- |

(f)

which has an actual alcoholic strength by volume of more than 1,2  % vol. and less than 10 % vol.

| (f) | which has an actual alcoholic strength by volume of more than 1,2  % vol. and less than 10 % vol. |
| --- | --- |

(f)

which has an actual alcoholic strength by volume of more than 1,2  % vol. and less than 10 % vol.

4a.
     
  For the purposes of this Regulation, a “dealcoholised aromatised wine product” shall be deemed to be a drink:

| (a) | obtained under the conditions specified in paragraph 2, 3 or 4; |
| --- | --- |

(a)

(a)

obtained under the conditions specified in paragraph 2, 3 or 4;

obtained under the conditions specified in paragraph 2, 3 or 4;

| (b) | which has undergone a dealcoholisation treatment in accordance with section E of Part I of Annex VIII of Regulation (EU) No 1308/2013; |
| --- | --- |

(b)

(b)

which has undergone a dealcoholisation treatment in accordance with section E of Part I of Annex VIII of Regulation (EU) No 1308/2013;

which has undergone a dealcoholisation treatment in accordance with section E of Part I of Annex VIII of Regulation (EU) No 1308/2013;

| (c) | which has an actual alcoholic strength by volume of less than 0,5  %. |
| --- | --- |

(c)

(c)

which has an actual alcoholic strength by volume of less than 0,5  %.

which has an actual alcoholic strength by volume of less than 0,5  %.

4b.
     
  The oenological practices defined in Commission Regulation (EC) No 606/2009 as amended by Commission Delegated Regulation (EU) 2017/1961 of 2 August 2017 shall apply to aromatised wine products.’

Amendment 202

Amendment 202

Proposal for a regulation

Proposal for a regulation

Article 3 — point 4

Article 3 — point 4

Regulation (EU) No 251/2014

Article 5 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | in Article 5, paragraph 4 is replaced by the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4)

(4)

in Article 5, paragraph 4 is replaced by the following:

deleted

deleted

| | ‘4.
     
  Sales denominations may be supplemented or replaced by a geographical indication of aromatised wine product protected under Regulation (EU) No 1151/2012.’ |
| --- | --- |

‘4.
     
  Sales denominations may be supplemented or replaced by a geographical indication of aromatised wine product protected under Regulation (EU) No 1151/2012.’

Amendment 203

Amendment 203

Proposal for a regulation

Proposal for a regulation

Article 3 — point 4 a (new)

Article 3 — point 4 a (new)

Regulation (EU) No 251/2014

Article 5

| Present text | Amendment |
| --- | --- |
| | (4a) | Article 5 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(4a)

(4a)

Article 5 is replaced by the following:

Article 5

‘Article 5

Sales denominations

Sales denominations

1.   The sales denominations set out in Annex II shall be used for any aromatised wine product placed on the market in the Union, provided that it complies with the requirements for the corresponding sales denomination laid down in that Annex. Sales denominations may be supplemented by a customary name as defined in Article 2(2)(o) of Regulation (EU) No 1169/2011.

1.   The sales denominations set out in Annex II shall be used for any aromatised wine product placed on the market in the Union, provided that it complies with the requirements for the corresponding sales denomination laid down in that Annex. Sales denominations may be supplemented by a customary name as defined in Article 2(2)(o) of Regulation (EU) No 1169/2011.

2.   Where aromatised wine products comply with the requirements of more than one sales denomination, the use of only one of those sales denominations is authorised, except where Annex II provides otherwise.

2.   Where aromatised wine products comply with the requirements of more than one sales denomination, the use of only one of those sales denominations is authorised, except where Annex II provides otherwise.

3.   An alcoholic beverage not fulfilling the requirements laid down in this Regulation shall not be described, presented or labelled by associating words or phrases such as ‘like’, ‘type’, ‘style’, ‘made’, ‘flavour’ or any other term similar to any of the sales denominations.

3.   An alcoholic beverage not fulfilling the requirements laid down in this Regulation shall not be described, presented or labelled by associating words or phrases such as “like”, “type”, “style”, “made”, “flavour” or any other term similar to any of the sales denominations.

4.   Sales denominations may be supplemented or replaced by a geographical indication protected under
  this
  Regulation.

4.   Sales denominations may be supplemented or replaced by a geographical indication
  of aromatised wine product
  protected under Regulation
  (EU) No 1151/2012

5.   Without prejudice to Article 26, sales denominations shall not be supplemented by protected designations of origin or protected geographical indications allowed for wine products.

5.   Without prejudice to Article 26, sales denominations shall not be supplemented by protected designations of origin or protected geographical indications allowed for wine products.

5a.
     
  Where aromatised wine products are to be exported to third countries, Member States may permit sales denominations other than those set out in Annex II if such sales denominations are required by the legislation of the third country concerned. Those sales denominations may appear in languages other than the official languages of the Union.

5b.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 33 to supplement Annex II to this Regulation in order to take into account technical progress, scientific and market developments, consumers’ health or consumer need for information.’

Amendment 204

Amendment 204

Proposal for a regulation

Proposal for a regulation

Article 3 — point 4 b (new)

Article 3 — point 4 b (new)

Regulation (EU) No 251/2014

Article 6 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4b) | in Article 6, the following paragraph is added:




  ‘(3a)
     
  The vintage year may appear on the labels of products provided that the grapevine product represents at least 75 % of the total volume and that at least 85 % of the grapes used to make those products have been harvested in the year concerned.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4b)

(4b)

in Article 6, the following paragraph is added:

‘(3a)
     
  The vintage year may appear on the labels of products provided that the grapevine product represents at least 75 % of the total volume and that at least 85 % of the grapes used to make those products have been harvested in the year concerned.’

Amendment 205

Amendment 205

Proposal for a regulation

Proposal for a regulation

Article 3 — point 4 c (new)

Article 3 — point 4 c (new)

Regulation (EU) No 251/2014

Article 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4c) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4c)

(4c)

The following article is inserted:

‘Article 7a

‘Article 7a

Nutritional declaration

Nutritional declaration

1.
     
  The nutritional declaration of aromatised wine products, that may be limited to the energy value only, shall be indicated on the label.

2.
     
  The energy value shall be:

| (a) | expressed with numbers and words or symbols, and in particular the symbol (E) for Energy; |
| --- | --- |

(a)

(a)

expressed with numbers and words or symbols, and in particular the symbol (E) for Energy;

expressed with numbers and words or symbols, and in particular the symbol (E) for Energy;

| (b) | calculated using the conversion factor listed in Annex XIV to Regulation (EU) No 1169/2011; |
| --- | --- |

(b)

(b)

calculated using the conversion factor listed in Annex XIV to Regulation (EU) No 1169/2011;

calculated using the conversion factor listed in Annex XIV to Regulation (EU) No 1169/2011;

| (c) | expressed in the form of average values in kcal based on:










  (i) | the producer’s analysis of the aromatised wine product; or |
| --- | --- | --- |

(c)

(c)

expressed in the form of average values in kcal based on:

expressed in the form of average values in kcal based on:

(i)

(i)

the producer’s analysis of the aromatised wine product; or

the producer’s analysis of the aromatised wine product; or

| (ii) | a calculation from generally established and accepted data. |
| --- | --- |

(ii)

(ii)

a calculation from generally established and accepted data.

a calculation from generally established and accepted data.

| (d) | expressed per 100ml. In addition, it may be expressed per consumption unit, easily recognisable by the consumer, provided that the unit used is quantified on the label and that the number of units contained in the package is stated.’ |
| --- | --- |

(d)

(d)

expressed per 100ml. In addition, it may be expressed per consumption unit, easily recognisable by the consumer, provided that the unit used is quantified on the label and that the number of units contained in the package is stated.’

expressed per 100ml. In addition, it may be expressed per consumption unit, easily recognisable by the consumer, provided that the unit used is quantified on the label and that the number of units contained in the package is stated.’

Amendment 206

Amendment 206

Proposal for a regulation

Proposal for a regulation

Article 3 — point 4 d (new)

Article 3 — point 4 d (new)

Regulation (EU) No 251/2014

Article 7 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4d) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4d)

(4d)

The following article is inserted:

‘Article 7b

List of ingredients

1.
     
  The list of ingredients of aromatised wine products, shall be indicated on the label or by other means than on the label affixed to the bottle or to any other type of container, provided that a clear and direct link is indicated on the label. It may not be displayed together with other information intended for sales or marketing purposes.

2.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 33 to further detail the rules for the indication of the list of ingredients of aromatised wine products. The Commission shall adopt the delegated acts no later than 18 months after ... [the date of entry into force of this (amending) Regulation]’
  .

Amendment 207

Amendment 207

Proposal for a regulation

Proposal for a regulation

Article 3 — point 7 a (new)

Article 3 — point 7 a (new)

Regulation (EU) No 251/2014

Annex I — paragraph 1 — part a — point iii a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | in the first paragraph of Part (a) of Annex I, the following point is added: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7a)

(7a)

in the first paragraph of Part (a) of Annex I, the following point is added:

| ‘(iii a) | Spirit drinks (no more than 1 % of the overall volume).’ |
| --- | --- |

‘(iii a)

‘(iii a)

Spirit drinks (no more than 1 % of the overall volume).’

Spirit drinks (no more than 1 % of the overall volume).’

Amendment 208

Amendment 208

Proposal for a regulation

Proposal for a regulation

Article 3 — point 7 b (new)

Article 3 — point 7 b (new)

Regulation (EU) No 251/2014

Annex I — paragraph 2 — point f

| Present text | Amendment |
| --- | --- |
| | (7b) | In paragraph 2 of Annex I, point (f) is replaced by the following: |

Present text

Present text

Amendment

Amendment

(7b)

(7b)

In paragraph 2 of Annex I, point (f) is replaced by the following:

| (f) | any other natural
  carbohydrate
  substances having a similar effect to those products. |
| --- | --- |

(f)

any other natural
  carbohydrate
  substances having a similar effect to those products.

carbohydrate

| ‘(f) | any other natural substances having a similar effect to those products.’ |
| --- | --- |

‘(f)

any other natural substances having a similar effect to those products.’

Amendment 209

Amendment 209

Proposal for a regulation

Proposal for a regulation

Article 3 — point 7 c (new)

Article 3 — point 7 c (new)

Regulation (EU) No 251/2014

Annex II — part A — paragraph 3 — indent 1

| Present text | Amendment |
| --- | --- |
| | (7c) | In Annex II, part A, paragraph 3, the first indent is replaced by the following: |

Present text

Present text

Amendment

Amendment

(7c)

(7c)

In Annex II, part A, paragraph 3, the first indent is replaced by the following:

| — | to which alcohol
  has been
  added, and |
| --- | --- |

—

to which alcohol
  has been
  added, and

has been

| ‘— | to which alcohol
  may be
  added, and’ |
| --- | --- |

‘—

to which alcohol
  may be
  added, and’

may be

Amendment 210

Amendment 210

Proposal for a regulation

Proposal for a regulation

Article 3 — point 7 d (new)

Article 3 — point 7 d (new)

Regulation (EU) No 251/2014

Annex II — part B — paragraph 8 — indent 1

| Present text | Amendment |
| --- | --- |
| | (7d) | In Annex II, part B, paragraph 8, the first indent is replaced by the following: |

Present text

Present text

Amendment

Amendment

(7d)

(7d)

In Annex II, part B, paragraph 8, the first indent is replaced by the following:

| — | which is obtained exclusively from red
  or
  white wine, |
| --- | --- |

—

which is obtained exclusively from red
  or
  white wine,

or

| ‘— | which is obtained exclusively from red
  and/or
  white wine,’ |
| --- | --- |

‘—

which is obtained exclusively from red
  and/or
  white wine,’

and/or

Amendment 211

Amendment 211

Proposal for a regulation

Proposal for a regulation

Article 3 — point 7 e (new)

Article 3 — point 7 e (new)

Regulation (EU) No 251/2014

Annex II — part C a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7 e) | In Annex II, the following part is added: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7 e)

(7 e)

In Annex II, the following part is added:

‘Part Ca

‘Part Ca

"DE-ALCOHOLISED AROMATISED WINE PRODUCTS

"DE-ALCOHOLISED AROMATISED WINE PRODUCTS

| (1) | De-alcoholised aromatised wine product or de-alcoholised (followed by the name of the aromatised wine product used for its production



  Products complying with the definition set out in Article 3(4a).’ |
| --- | --- |

(1)

(1)

De-alcoholised aromatised wine product or de-alcoholised (followed by the name of the aromatised wine product used for its production

Products complying with the definition set out in Article 3(4a).’

Products complying with the definition set out in Article 3(4a).’

Amendment 212

Amendment 212

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph - 1 (new)

Article 4 — paragraph - 1 (new)

Regulation (EU) No 228/2013

Article 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The following article is inserted: |
| | ‘Article 22a |
| | Interbranch agreements |
| | 1.
     
  By way of derogation from Articles 164 and 165 of Regulation (EU) No 1308/2013, where an interbranch organisation recognised pursuant to Article 157 of Regulation (EU) No 1308/2013, operating in an outermost region and considered to be representative of the production or trade or processing of one or more of the specified products, the Member State concerned may, at the request of that organisation, make it compulsory, for a renewable period of one year, to have agreements, decisions or concerted practices issued by that organisation for other operators, whether or not they are individuals, operating in the outermost region concerned and which are not members of that organisation. |
| | 2.
     
  Where the rules of a recognised interbranch organisation are extended under paragraph 1 and the activities covered by those rules are in the general economic interest of economic operators whose activities relate to products solely destined for the local market of the same outermost region, the Member State may, after consulting the relevant stakeholders, decide that individual economic operators or groups which are not members of the organisation but which operate on the market in question are to pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question. |
| | 3.
     
  The Member State concerned shall inform the Commission of any agreement whose scope is extended in accordance with this Article.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The following article is inserted:

The following article is inserted:

‘Article 22a

‘Article 22a

Interbranch agreements

Interbranch agreements

1.
     
  By way of derogation from Articles 164 and 165 of Regulation (EU) No 1308/2013, where an interbranch organisation recognised pursuant to Article 157 of Regulation (EU) No 1308/2013, operating in an outermost region and considered to be representative of the production or trade or processing of one or more of the specified products, the Member State concerned may, at the request of that organisation, make it compulsory, for a renewable period of one year, to have agreements, decisions or concerted practices issued by that organisation for other operators, whether or not they are individuals, operating in the outermost region concerned and which are not members of that organisation.

2.
     
  Where the rules of a recognised interbranch organisation are extended under paragraph 1 and the activities covered by those rules are in the general economic interest of economic operators whose activities relate to products solely destined for the local market of the same outermost region, the Member State may, after consulting the relevant stakeholders, decide that individual economic operators or groups which are not members of the organisation but which operate on the market in question are to pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.

3.
     
  The Member State concerned shall inform the Commission of any agreement whose scope is extended in accordance with this Article.’

Amendment 213

Amendment 213

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

Regulation (EU) No 228/2013

Article 30 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   In respect of each financial year, the Union shall finance the measures provided for in Chapters III and IV, up to
  a maximum
  annual sum
  of
  : | 2.   In respect of each financial year, the Union shall finance the measures provided for in Chapters III and IV, up to
  an
  annual sum
  equivalent to
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   In respect of each financial year, the Union shall finance the measures provided for in Chapters III and IV, up to
  a maximum
  annual sum
  of
  :

2.   In respect of each financial year, the Union shall finance the measures provided for in Chapters III and IV, up to
  an
  annual sum
  equivalent to
  :

Amendment 214

Amendment 214

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

Regulation (EU) No 228/2013

Article 30 — paragraph 2 — indent 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | in the French overseas departments: EUR
  267 580 000 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

in the French overseas departments: EUR
  267 580 000

267 580 000

| — | in the French overseas departments: EUR
  278,41  million |
| --- | --- |

—

in the French overseas departments: EUR
  278,41  million

278,41  million

Amendment 215

Amendment 215

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

Regulation (EU) No 228/2013

Article 30 — paragraph 2 — indent 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Azores and Madeira: EUR
  102 080 000 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

Azores and Madeira: EUR
  102 080 000

102 080 000

| — | Azores and Madeira: EUR
  106,21  million |
| --- | --- |

—

Azores and Madeira: EUR
  106,21  million

106,21  million

Amendment 216

Amendment 216

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

Regulation (EU) No 228/2013

Article 30 — paragraph 2 — indent 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Canary Islands: EUR
  257 970 000 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

Canary Islands: EUR
  257 970 000

257 970 000

| — | Canary Islands: EUR
  268,42  million |
| --- | --- |

—

Canary Islands: EUR
  268,42  million

268,42  million

Amendment 217

Amendment 217

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

Regulation (EU) No 228/2013

Article 30 — paragraph 3 — indent 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | in the French overseas departments: EUR
  25 900 000 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

in the French overseas departments: EUR
  25 900 000

25 900 000

| — | in the French overseas departments: EUR
  26 900 000 |
| --- | --- |

—

in the French overseas departments: EUR
  26 900 000

26 900 000

Amendment 218

Amendment 218

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

Regulation (EU) No 228/2013

Article 30 — paragraph 3 — indent 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Azores and Madeira: EUR
  20 400 000 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

Azores and Madeira: EUR
  20 400 000

20 400 000

| — | Azores and Madeira: EUR
  21 200 000 |
| --- | --- |

—

Azores and Madeira: EUR
  21 200 000

21 200 000

Amendment 219

Amendment 219

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

Regulation (EU) No 228/2013

Article 30 — paragraph 3 — indent 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Canary Islands: EUR
  69 900 000 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

Canary Islands: EUR
  69 900 000

69 900 000

| — | Canary Islands: EUR
  72 700 000 |
| --- | --- |

—

Canary Islands: EUR
  72 700 000

72 700 000

Amendment 220

Amendment 220

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 a (new)

Article 4 — paragraph 1 a (new)

Regulation (EU) No 228/2013

Article 32 — paragraph 4

| Present text | Amendment |
| --- | --- |
| | In Article 32, paragraph 4 is replaced by the following: |
| 4.   
  The Commission shall include a specific chapter in the
  analyses
  , studies
  and assessments
  it carries out in the context of trade agreements and the common agricultural policy for any topic in which
  the outermost regions
  have a particular interest. | ‘4.   
  Prior to the opening of any trade negotiation which may have implications for agriculture in the outermost regions, the Union shall carry out studies,
  analyses and assessments
  of the possible impact of the negotiations and adapt its negotiating mandate in order to take account of the specific constraints affecting
  the outermost regions
  and rule out any negative impact in these regions. The criteria employed by the Commission in carrying out such studies or assessments shall be those established by the UN.’ |

Present text

Present text

Amendment

Amendment

In Article 32, paragraph 4 is replaced by the following:

In Article 32, paragraph 4 is replaced by the following:

4.   
  The Commission shall include a specific chapter in the
  analyses
  , studies
  and assessments
  it carries out in the context of trade agreements and the common agricultural policy for any topic in which
  the outermost regions
  have a particular interest.

‘4.   
  Prior to the opening of any trade negotiation which may have implications for agriculture in the outermost regions, the Union shall carry out studies,
  analyses and assessments
  of the possible impact of the negotiations and adapt its negotiating mandate in order to take account of the specific constraints affecting
  the outermost regions
  and rule out any negative impact in these regions. The criteria employed by the Commission in carrying out such studies or assessments shall be those established by the UN.’

Amendment 221

Amendment 221

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1

Article 5 — paragraph 1

Regulation (EU) No 229/2013

Article 18 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Union shall finance the measures provided for in Chapters III and IV up to a maximum amount of EUR
  23 000 000 . | 2.   The Union shall finance the measures provided for in Chapters III and IV up to a maximum amount of EUR
  23,93  million |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Union shall finance the measures provided for in Chapters III and IV up to a maximum amount of EUR
  23 000 000 .

2.   The Union shall finance the measures provided for in Chapters III and IV up to a maximum amount of EUR
  23,93  million

Amendment 222

Amendment 222

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1

Article 5 — paragraph 1

Regulation (EU) No 229/2013

Article 18 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The amount allocated to finance the specific supply arrangements referred to in Chapter III shall not exceed EUR
  6 830 000
  . | 3.   The amount allocated to finance the specific supply arrangements referred to in Chapter III shall not exceed EUR
  7,11  million
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The amount allocated to finance the specific supply arrangements referred to in Chapter III shall not exceed EUR
  6 830 000
  .

3.   The amount allocated to finance the specific supply arrangements referred to in Chapter III shall not exceed EUR
  7,11  million
  .

Amendment 223

Amendment 223

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 3 a (new)

Article 6 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Wines placed on the market or labelled before the implementation of the applicable provisions and that do not comply with the specifications laid down in this Regulation may be marketed until stocks are exhausted. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  Wines placed on the market or labelled before the implementation of the applicable provisions and that do not comply with the specifications laid down in this Regulation may be marketed until stocks are exhausted.

Amendment 224

Amendment 224

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 a (new)

Article 7 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Point (ga) of Article 119(1) and Article 119(3a) of Regulation (EU) No 1308/2013, as referred to in point 18a of Article 1 of this Regulation, shall apply from ... [18 months after the date of entry into force of this (amending) Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Point (ga) of Article 119(1) and Article 119(3a) of Regulation (EU) No 1308/2013, as referred to in point 18a of Article 1 of this Regulation, shall apply from ... [18 months after the date of entry into force of this (amending) Regulation].

Point (ga) of Article 119(1) and Article 119(3a) of Regulation (EU) No 1308/2013, as referred to in point 18a of Article 1 of this Regulation, shall apply from ... [18 months after the date of entry into force of this (amending) Regulation].

Amendment 225

Amendment 225

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 b (new)

Article 7 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Point (gb) of Article 119(1) and Article 119(3b) of Regulation (EU) No 1308/2013, as referred to in point 18a of Article 1 of this Regulation shall apply from the beginning of the second full marketing year after the date of entry into force of the delegated act referred to in point (va) of Article 122 of Regulation (EU) No 1308/2013, as referred to in point 20a of Article 1 of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Point (gb) of Article 119(1) and Article 119(3b) of Regulation (EU) No 1308/2013, as referred to in point 18a of Article 1 of this Regulation shall apply from the beginning of the second full marketing year after the date of entry into force of the delegated act referred to in point (va) of Article 122 of Regulation (EU) No 1308/2013, as referred to in point 20a of Article 1 of this Regulation.

Point (gb) of Article 119(1) and Article 119(3b) of Regulation (EU) No 1308/2013, as referred to in point 18a of Article 1 of this Regulation shall apply from the beginning of the second full marketing year after the date of entry into force of the delegated act referred to in point (va) of Article 122 of Regulation (EU) No 1308/2013, as referred to in point 20a of Article 1 of this Regulation.

Amendment 226

Amendment 226

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 c (new)

Article 7 — paragraph 2 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Articles 7a of Regulation (EU) No 251/2014, as referred to in point 4c of Article 3 of this Regulation, shall apply from ... [18 months after ... [the date of entry into force of this (amending) Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Articles 7a of Regulation (EU) No 251/2014, as referred to in point 4c of Article 3 of this Regulation, shall apply from ... [18 months after ... [the date of entry into force of this (amending) Regulation].

Articles 7a of Regulation (EU) No 251/2014, as referred to in point 4c of Article 3 of this Regulation, shall apply from ... [18 months after ... [the date of entry into force of this (amending) Regulation].

Amendment 227

Amendment 227

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 d (new)

Article 7 — paragraph 2 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Articles 7b of Regulation (EU) No 251/2014, as referred to in point 4d of Article 3 of this Regulation, shall apply from the beginning of the second full marketing year after the date of entry into force of the delegated act referred to in that Article. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Articles 7b of Regulation (EU) No 251/2014, as referred to in point 4d of Article 3 of this Regulation, shall apply from the beginning of the second full marketing year after the date of entry into force of the delegated act referred to in that Article.

Articles 7b of Regulation (EU) No 251/2014, as referred to in point 4d of Article 3 of this Regulation, shall apply from the beginning of the second full marketing year after the date of entry into force of the delegated act referred to in that Article.

Amendment 228

Amendment 228

Proposal for a regulation

Proposal for a regulation

Article 7 a (new)

Article 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 7a




  By 30 June 2021, the Commission shall present to the European Parliament and to the Council a legislative proposal extending the rules for a list of ingredients and a nutritional declaration of wine products to the other alcoholic beverages. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 7a

By 30 June 2021, the Commission shall present to the European Parliament and to the Council a legislative proposal extending the rules for a list of ingredients and a nutritional declaration of wine products to the other alcoholic beverages.

---

(*1)  References to ‘cp’ in the headings of adopted amendments shall be understood as the corresponding part of those amendments.

*1

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0198/2019).

1

(10)  Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

10

(10)  Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

10

(12)  
  Uruguay Round of Multilateral Trade Negotiations (1986- 1994) — Annex 1 — Annex 1C — Agreement on Trade-Related Aspects of Intellectual Property Rights (WTO) (OJ L 336, 23.12.1994, p. 214).

12

Uruguay Round of Multilateral Trade Negotiations (1986- 1994) — Annex 1 — Annex 1C — Agreement on Trade-Related Aspects of Intellectual Property Rights (WTO) (OJ L 336, 23.12.1994, p. 214).

(13)  
  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) (OJ L 336, 23.12.1994, p. 1).

13

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) (OJ L 336, 23.12.1994, p. 1).

(17)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

17

(17)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

17

(20)  Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).

20

(21)  Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).

21

(20)  Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).

20

(21)  Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).

21

(27)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

27

(27)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

27

(22)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty (OJ L 1, 4.1.2003, p. 1).

22

(22)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty (OJ L 1, 4.1.2003, p. 1).’

22

(32)  Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ L 204, 11.8.2000, p. 1).

32

(32)  Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ L 204, 11.8.2000, p. 1).’

32

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