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Nowe rozwiązania prawne w zakresie płatności w ramach systemów wsparcia bezpośredniego

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Król M. A.

Studia Iuridica Agraria

2015

vol. 13

77-100

Reformed system of payments under the direct support schemes introduces many changes. The previous regulations were not connected with direct payments from production but only subject to the fulfillment of cross-compliance requirements. which contributed to support and stabilization of farm income, and also contributed to providing the public, next to agricultural products also public goods such as food security or environmental goods (biodiversity, quality of the environment, rural landscape) . While the payment system in the next programming period of the Common Agricultural Policy (CAP) for 2014-2020 is to support economically active farmers, with an emphasis on support for young farmers, small and medium-sized farms and with the possibility of reducing support to farms achieving the highest income. Under the new programming period the CAP increased environmental requirements relating to the support of farms, as well as maintained additional support to producers in areas with natural constraints. Under these new circumstances follows the reorientation of agricultural policy instruments. The introduced solutions have eliminated a group of owners of land holdings with the sole purpose of receiving payment to reduce the subsidies for the largest farms, and the money saved spent on rural development. Analysis of established legal solutions in the field of direct payments shows that despite the fundamental objective which is to ensure the appropriate level of farm income, which is the subject of increasingly frequent concerns of part of the economic doctrine , the new model of direct support is also intended to support environment-friendly agricultural practices. The established legal measures also apply (both indirectly and directly) to the protection of biodiversity and landscape through crop diversification, maintenance of permanent pasture, the maintenance of ecological focus areas, or equivalent practices.

Działalność rolnicza jako przesłanka uzyskania uprawnienia do płatności

100%

Łobos-Kotowska D.

Studia Iuridica Agraria

2013

vol. 11

61-73

The aim of this article is to define the concept of agricultural activity, as a condition for direct payments. This requires a relationship of this concept to the definition of an active farmer. The draft regulation art. 4 of the proposal for a regulation of the European Parliament and the Council establishing rules for direct payments to farmer under support schemes within the framework of the Common Agricultural Policy, which is a new definition of agricultural activity, indicates the need to refer to this basic definition for agricultural law. In the classical formulations, agricultural activity is recognized as a sphere of business, with an indication of the economic, professional aspect of the production activities of the farmer. New regulations concerning the rules and procedures for the granting of EU fund, relating to the possession of agricultural land, raise the need to re- examine this issue, takin into account the conditions that combine possession of agricultural land with the performance of agricultural activities. This trend reflects the changes in the rules of the Common Agricultural Policy and is based on the assumption that the protection is not due to the mere fact of possessing of agricultural land, but also due to other fulfilled by agricultural producers functions: production, environmental and social. The presented approach requires analysis of the definition of agricultural activity on the basis of public law, private law and agricultural law. To determine the activity of which revenues are recognized as income from agricultural activities should furthermore benefit from the experience of European countries, Italy and France, which have regulations of this issues. They indicate the types of activities associated with agricultural activities and give them special preferences. In conclusion, it should be noted that the new rules for the granting of payments, which exclude from the system farmers receiving a certain income from non-agricultural activities are in conflict with the objectives of the Common Agricultural Policy, which prefer the diversity of activities in the farms. Diversification of agricultural activities, as appropriate for the needs of sustainable rural development, is also an important axis of the structural support financed by the European Agricultural Fund for Rural Development.

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2 Studia Iuridica Agraria

1 Król M. A.

1 Łobos-Kotowska D.

1 2015

1 2013

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Nowe rozwiązania prawne w zakresie płatności w ramach systemów wsparcia bezpośredniego

Działalność rolnicza jako przesłanka uzyskania uprawnienia do płatności