
In issues prepared by the department of agriculture (and presented to the public) new solutions on. among other things, the definition of active farmer or the law on farmer leases have a lot to tell. Unfortunately, in the decided majority these are not flattering words.
In concerning this situation, at a meeting with journalists organized on January 16 br, during which they discussed about the w. proposals of new law, Minister of Agriculture Czeslaw Siekierski asked the media for this message: – We don’t want to take anything away. Nobody on our proposals will lose. Such are our intentions.
Why what is this new definition of active farmer?
As explained Joanna Czapla, director of the Department of Direct Payments in the MRD, in the case of new definition of active farmer, this mainly is about some issues related to subsidies.
– Definition of active farmer, which we adopted in PS for WPR 2023-2027 applies de facto to a very little number of entities and this is criticized as resolution, which insufficiently directs support in the form of direct payments to persons who actually perform agricultural activities. In campaign 2024 the survey for professional activity of farmers was 477 selected farmers from 153 tys. farmers receiving annually more than 5 thousand euro direct payments. Excluded from payments in the result of this inspection are 69 entities, which have not fulfilled the condition of active farmers. This is why we are proposing a new approach to this definition – informed Dr. Capla.
The new approach to the definition is to , among other things. accelerate the payment of direct payments. In Poland for direct payments subject to as many farmers, as the total in 9 countries EU, such as: France, Germany, Hungary, Portugal, Ireland, Austria, Finland, Denmark and Belgium!
– Accepted in the new definition of active farmer propagation, would allow ARiMR to move more efficiently through the process of handling applications for payments and payments whether this is an advance or full uppayments – admitted dyr. Cap.
Ba, unless they, that the new definition of active farmer – by eliminating from the system persons unfairly receiving direct pay will increase the pay rates paid to eligible persons.
– But cautiously, while what, I would approach this – would be attached at meeting by Dr. Capel.
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She admitted also, that the proposed changes would start functioning as early as 2026 year! By that time it would have to work out final proposals for solutions, prepare amended document Strategic Plan for WPR 2023-2027 and obtain for those amendments with the European Commission’s approval. A then publish the revisions of the law for the WPR along with new regulations, to practically implement the regulations in to implementation. No and there must be ready for all the system of ARiMR. It must be admitted, that 2026 year. this is a very ambitious goal….
Will EU agree to these changes?
Automatically farmers would be recognized as active farmers owning animals registered in IRZ, receiving payments related to production to plants (beets sugar, tomatoes etc) and farmers receiving payments from selected ecoschemes, such as. IPR and payments of ecoschemes.
There is also considered including in the catalog of active farmers, those who account for tax VAT and also take support for development for small farms, premiums for young farmers and for investment in farms increasing competitiveness.
The others would have to document the conduct of agricultural activities, for example. with documents of costs or confirming the revenue from
agricultural activities, for which there has been discussions about what should be the minimum level of those costs or revenue.
But unfortunately, there
is a hound buried. As points out Janusz Wojciechowski, former commissioner EU ds. agriculture – such resolution is inconsistent with law EU. Concept:
active farmer = invoiced farmer, after they just don’t pass. No can force the farmer to produce or sell.
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Leasing after new, new problemsalso
– In this proposal is first and foremost about that, that there would be order. I want to limit combinations – stated at a meeting with journalists Minister Siekierski, referring to proposed legislation on leasing.
Why is this law necessary? – Because of the development of such legislation was requested by our own farmers and by various other environments, including lawyers, which have indicated, that the lack of such legislation is primarily a barrier to development of farms in Poland – added Lidia Kostanska, Director Department of Real Estate and Infrastructure of Village in the Ministry of Agriculture.
The leasing issues are regulated today by the Code
civil Code, but only in a little degree do refer to agricultural leases (only three articles of
this code mention about agricultural leases). Principally the refer to the provisions of the lease
agreement, a this is not until the final conforms to the conditions of farms in Poland and the activity of agriculture.
– the proposed by us regulations will lead to a strengthening of the renter’s position, but they also encourage landlords to lease their land – stated Dr. Kostanska.
For more about this proposal read you here:
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Act about agricultural-leasing. We know the full content of the project
only question, whether this is the reinforcement of the renter position there is, as proposed in the legislation. As noticed at the meeting by journalists, the department proposes, that in the situation, when the contract ends, the existing tenant would have prior right in the case of wanting to continue. But what in the situation, when the owner just does not want to lease his property to the existing tenant, wants to an other, but the previous does not agree? It turns out that the new laws do not give in this case the owner the right to decide about his ownership. Doubt is therefore that the new law will encourage landlords to enter formalcontracts leases of their land. Preparing regulations may prove dead.
Functions of villages
The last topic discussed during the meeting with journalists was the issue of productive villages. This was primarily about preventing conflicts in the village, such as with Mr. Szymon Kluki from Lodz and his neighbors.
– The conflicts are contributed to the lack of local plans for the village, which are made only when, when there is a required consent to change the use of agricultural land for non-agricultural purposes – explained Director Kostanska.
Of course there is no blame for those farmers, who, when want to sell land, sell they prefer as a construction plot. Selling agricultural land for investment purposes is one of the means of obtaining capital for during retirement.
Will the reform of planning be sufficient?
In 2023 an obligation to draw general plans for the whole municipality as an act of municipal law was introduced. These are to be constructed by 2026 year.
-All decisions on conditions of development are to be conform to this act. For agriculture three zones have been designated: multifunctional with development of farm plus buildings; production agricultural (area production); open (area agriculture
with prohibition of development, but possibility of biogas plant). There is also a restriction on the possibility of issuing decisions on
development conditions to the area of development – Kostanska said.
But this is too little – has recognized the resort
of agriculture and wants to introduce obligation to create farming plans, as a tool for rational formation of agricultural
production space in the area of the whole village. These plans are to be binding on municipalitieswhenissuingotherdecisions. Theyaretodesignatelivingzonesforthepurposeofensuringthefoodsecurityofthe country,defineagriculturalareasofhighproductiveandnaturalvalues,designateterritoriesexclusivelyforproductiveagriculture,designateterritoriesrequiringimprovementofwaterrelationshipsorincreasingwater retention,andalsorequiringconductinganti-erosion treatments.That is,inshortplansthatshoulddesignatelivestockareas,designatedexclusivelyforagriculturalproduction,servingthedevelopmentofvillages,andareasotherthanagricultural.