51 Amendments of James NICHOLSON related to 2011/0281(COD)

Proposal for a regulation
Article 106a (new)

Article 106a Statute of producer organisations 1. The rules of association 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; (b) be members of only one producer organisation for any given product of the holding, without prejudice to any derogation granted by the Member State concerned in duly justified cases where producer members hold two distinct production units located in different geographical areas; (c) provide the information requested by the producer organisation for statistical purposes, in particular on growing areas, production, yields and direct sales; 2. The rules of association of a producer organisation shall also provide for: (a) procedures for laying down, adopting and amending the rules referred to in paragraph 1; (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; (d) penalties for infringement of obligations under the articles of association, particularly 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; (f) the accounting and budgetary rules necessary for the operation of the organisation. 3. Producer organisations shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference, whether or not ownership of the products concerned has been transferred from producers to producer organisations.

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 106 b (new)

Article 106b Recognition of producer organisations 1. Member States may recognise as producer organisations all legal entities or clearly defined parts of legal entities applying for such recognition, provided that they: (a) meet the requirements laid down in points (b) and (c) of the first paragraph of Article 106; (b) have a minimum number of members and/or cover a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where they operate; (c) provide sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to their members, and concentration of supply; (d) have rules of association that are consistent with points (a), (b) and (c) of this paragraph. 2. Member States may decide that producer 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 producer organisations pursuant to Article 106. 3. Producer 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 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; (b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with the provisions in this Chapter; (c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and decide whether, if necessary, recognition should be withdrawn; (d) inform the Commission once a year and no later than 31 March of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 106 c (new)

Article 106c Outsourcing Member States may permit a recognised producer organisation or a recognised association of producer organisations to outsource any of its activities (other than production), including to subsidiaries, provided that it provides sufficient evidence to the Member State concerned that doing so is an appropriate way to achieve the objectives of the producer organisation or association of producer organisations concerned and that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the provision of the activity. In particular, the organisation or association must retain the power to issue binding instructions to its agent in respect of the activities entrusted to it.

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 107

Article 107 Article 107 Associations of producer organisations Member States ~~shall~~may recognise~~, on request,~~ associations of producer organisations in a~~ny of the~~ specific sectors listed in Article 1(2) which are formed on the initiative of recognised producer organisations. Subject to the rules adopted pursuant to Article 114, associations of producer organisations may carry out any of the activities or functions of producer organisations.

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 108

1. Member States shall recognise, on request, interbranch organisations in any of the sectors listed in Article 1(2) which: (a) are constituted of representatives of economic activities linked to the production of, trade in, and/or processing 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; (c) pursue a specific aim, which may include at least one of the following objectives: (i) improving knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional or national level; (ii) helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies; (iii) drawing up standard forms of contract compatible with Union rules; (iv) exploiting to a fuller extent the potential of the products; (v) providing the information and carrying out the research necessary to rationalise, improve and adjust production towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the particular characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment; (vi) seeking ways of restricting the use of animal-health or plant protection products and other inputs and ensuring product quality and soil and water conservation; (vii) developing methods and instruments for improving product quality at all stages of production and marketing; (viii) exploiting the potential of organic farming and protecting and promoting such farming as well as designations of origin, quality labels and geographical indications; (ix) promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; (x) encouraging healthy consumption of the products and informing about the harm linked to hazardous consumption patterns; (xi) carrying out promotion actions, especially in third countries. 2. For interbranch organisations in the olive oil and table olive and tobacco sectors, the specific aim referred to in point (a) concentrating and co-ordinating supply and marketing of the produce of the members; (b) adapting production and processing jointly to the requirements of the market and improving the product; (c) promoting the rationalisation and improvement of production and processingArticle 108 Article 108 Interbranch organisations Interbranch organisations 1. Member States may recognise, interbranch organisations in any of the sectors listed in Article 1(2) which have formally requested recognition and (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 trading of, including distribution of, products in one or more sectors; (aa) cover one or more regions in the Union, thereby representing a significant share of the economic activities in the sector; (b) are formed on the initiative of all or some of the organisations or associations which constitute them; (ba) concern products or groups of products not covered by a previously recognised interbranch organisation; (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: (i) improving knowledge and the transparency of production and the market, including by publication of statistical data on production costs, prices, including where appropriate price indicators, 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; (ia) facilitating advance knowledge of production potential, and recording market prices; (ii) helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies; (iia) exploring potential export markets; (iii) without prejudice to provisions laid down in Articles 104a and 113a, 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 distorsions; (iv) exploiting to a fuller extent the potential of the products, including at the level of market outlets, and that of green chemistry in particular; (v) providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production, and where applicable the processing and/or marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the particular characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment; (vi) seeking ways of restricting the use of animal-health or plant protection products, of better managing other inputs, of ensuring product quality and soil and water conservation, of enhancing food safety, in particular through traceability of products, and improving animal health and welfare; (vii) developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and/or marketing; (viia) defining minimum qualities and defining minimum standards of packing and presentation; (viii) taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications; (ix) promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; (x) encouraging moderate or responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns and promoting consumption and/or furnishing information concerning products on the internal market and external markets; (xia) implementing collective measures to prevent and manage the health, plant- protection and environmental risks and uncertainties linked to the production and, where applicable to the processing and/or marketing and/or distribution of agricultural and food products; (xib) contributing to the management of by-products and of waste.

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 109

For the purposes of this Regulation, operator organisations in the olive oil and table olives sector shall comprise recognised producer organisations, recognised interbranch organisations or recognised organisations of other operators or their associations.Article 109 deleted Operator organisations

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 110

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 economic 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 on within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups and not belonging to the organisation or association. 2. An “economic area” shall mean a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous. 3. An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State: (a) it accounts for, as a proportion of the volume of production 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 (ii) in other cases, at least two thirds, and (b) it accounts for, in the case of producer organisations, more than 50% of the producers concerned. Where the request for 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 in paragraph 1 shall have one of the following aims: (a) production and market reporting; (b) stricter production rules than those laid down in Union or national rules; (c) drawing up of standard contracts which are compatible with Union rules; (d) rules on marketing; (e) rules on protecting the environment; (f) measures to promote and exploit the potential of products; (g) measures to protect organic farming as well as designatArticle 110 deleted Extensions 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; (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 the environment; (k) definition of minimum qualities and definition of minimum standards of packing and presentation; (l) use of certified seed and monitoring of product quality. 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 145(4) or be otherwise incompatible with Union or national rules in force.rules

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 111

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 110 and the activities covered by those rules are in the general economic interest of persons whose activities relate to the products concerned, the Member State which has granted recognition may decide that individuals 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.Article 111 deleted

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 112

~~Measures to facilitate the adjustment of supply to market requirements Taking into account the need to encourage action by the organisations referred to in~~ Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning the live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors on measures: (a) to improve quality; (b) to promote better organisation of production, processing and marketing; (c) to facilitate the recording of market price trends; (d) to permit the establishment of short and long-term forecasts on the basis of the means of production used.12 deleted

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 113

Marketing rules to improve and stabilise the operation of the common market in 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 the interbranch organisations recognised under Article 108. 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; (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; (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.Article 113 deleted wines

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 114

~~Taking into account the need~~Article 114 Article 114 Delegated powers Delegated powers In order to ensure that the objectives and responsibilities of producer organisations~~, operator organisations in the olive oil and table olives sector and interbranch~~ and associations of producer organisations are clearly defined, so as to contribute to the effectiveness of the actions of such organisations without undue burden, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 ~~regarding producer organisations, associa~~which lay down: (a) specific conditions for recognitions of producer organisations, interbranch organisations and operator organisations on the following: (a) the specific aims which may, shall or shall not be pursued by such organisations and associations, including derogations from those laid down in Articles 106 to 109, (b) the rules of association, the recognition, structure, legal personality, membership, size, accountability and activities of such organisations and associations, the requirement refer and associations of producer organisations carrying out activities in more than one Member State; (b) rules relating to the establishment and the conditions of administrative assistance to be given by the relevant competent authorities in the case of organisations carrying out activities in mored to in point (d) of Article 106 for recognition of a producer organisation that it does not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty, the effects deriving from recognition, the withdrawal of recognition, and mergers; (c) transnational organisations and associations including the rules referred to in points (a) and (b) of this Article; (d) outsourcing of activities and the provision of technical means by organisations or associations; (e) the minimum volume or value of marketable production of organisations and associations; (f) the extension of certain rules of the organisations provided for in Article 110 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 111, including a list of the stricter production rules which may be extended under point (b) of the first subparagraph of Article 110(4), further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions shall be refused or withdrawn. han one Member State. (c) in the case of organisations regulated in Article 109a (a)(aa) and (b) (i) the specific aims which may, shall or shall not be pursued by such organisations and associations, (ii) the rules concerning recognition, structure, membership, size, accountability, activities and mergers of such organisations and their associations; (iii) outsourcing of activities and the provision of technical means by organisations and associations; (iv) the minimum volume or value of marketable production of organisations and associations; (d) in the case of producer organisations regulated in Article 109a (a)(bb) the rules concerning membership, including the obligation of the members of a producer organisation to deliver all or a certain amount of the production to the producer organisation. Or. en (Point d becomes point iii of the amendment text and point e becomes point iv)

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 115

Article 115 Article 115 Implementing powers in accordance The Commission may, by means of implementing acts, adopt the necessary measures concerning this Chapter, in particular on the procedures and technical conditions as regards the implementation of the measures referred to in Articles 110 and 112. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). with the examination procedure with the examination procedure The Commission may, by means of implementing acts, adopt in accordance with the examination procedure referred to in Article 162(2) the following: (a) the implementation of the conditions for recognition of producer organisations and their associations and interbranch organisations, especially of organisations carrying out activities in more than one Member State; (b) the procedures relating to administrative assistance in the case of organisations carrying out activities in more than one Member State; (c) in the case of organisations regulated in Article 109a the refusal of or repeal of recognition; (d) the transmitting of information to the Commission regarding the number of recognised organisations and associations including the refusal or withdrawal of recognition.

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 116

The Commission may, by means of implementing acts, adopt individual decisions regarding: (a) the recognition of organisations carrying out activities in more than one Member State, pursuant to the rules adopted under Article 114(c); (b) the refusal of or repeal of recognition of interbranch organisations, repeal of the extension of rules or compulsory contributions, approval of, or decisions on the amendment of economic areas notified by Member States pursuant to the rules adopted under Article 114(f).Article 116 deleted Other implementing powers

2012/12/20
Committee: AGRI

Proposal for a regulation
Article 12 – paragraph 1 – point c

(c) may be opened for the beef and veal sector by the Commission, by means of other implementing acts, if the average market price over a representative period adopted pursuant to Article 19(a) 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 as adopted pursuant to in Article 18(8) is below EUR 1 560/tonne. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

2012/07/19
Committee: AGRI

Proposal for a regulation
Article 12 – paragraph 2

2. The Commission ~~may~~shall, by means of implementing acts, close public intervention for the beef and veal sector, where, over a representative period adopted pursuant to Article 19(a), the conditions provided for in point (c) of paragraph 1 are no longer fulfilled.

2012/07/19
Committee: AGRI

Proposal for a regulation
Article 19 – paragraph 1 – point j

(j) the rules relating to the procedures to be followed ~~for buying-in at a fixed price~~ or for granting the aid for private storage at a fixed price;

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 20 a (new)

Article 20 a Specific Provisions on Carcass Classification Union scales and inspections 1. Union scales for the classification of carcasses shall apply in accordance with the rules laid down in Annex IIIa in the following sectors: (a) beef and veal as regards carcasses of adult bovine animals; (b) pigmeat as regards carcasses of pigs other than those which have been used for breeding. In the sheepmeat and goatmeat sector Member States may apply a Union scale for the classification of carcasses as regards sheep carcasses in accordance with the rules laid down in point C of Annex IIIa. 2. On-the-spot inspections in relation to the classification of carcasses of adult bovine animals and sheep shall be carried out on behalf of the Union by a Union inspection committee composed of experts from the Commission and experts appointed by the Member States. This committee shall report back to the Commission and the Member States on the inspections carried out. The Union shall bear the costs resulting from the inspections carried.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 20 b (new)

Article 20 b Delegated powers concerning carcass classification 1. In order to take account of technical developments and of the needs of the sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 adapting and updating the provisions on the classification, identification and presentation of adult bovine carcasses, pig carcases and sheep carcasses laid down in Annex IIIa. 2. In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and private storage in the beef and veal, pig-meat and sheep-meat sectors as applicable, the Commission shall be empowered to adopt delegated acts in accordance with Article 160: (a) laying down provisions on the classification, grading (including by automated grading techniques), presentation, lean-meat content, identification and weighing and marking of carcasses; (b) laying down rules on basis for the calculation of average Union prices of, and the obligations on operators to submit information on, beef, pig and sheep carcases, in particular as regards market and representative prices. 3. In order to take account of the specificities within the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 laying down derogations from the provisions, in particular: (a) providing for derogations which may be granted by Member States to slaughterhouses in which few bovine animals are slaughtered; (b) authorising Member States not to make application of the grading scale for pig carcase classification and to use assessment criteria in addition to weight and estimated lean-meat content. 4. In order to ensure that the Union inspection committee fulfils its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 determining its responsibilities and the way it is composed.

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 20 c (new)

Article 20 c Implementing powers concerning carcass classification The Commission shall, by means of implementing acts, lay down detailed rules on: (a) the practical modalities for marking of classified carcasses; (b) the implementation of Union scales for the classification of beef, pig and sheep carcasses in particular as regards: (i) communication of classification results, (ii) checks, inspection reports and follow- up actions; (c) on-the-spot inspections in relation to the classification and price reporting of carcasses of adult bovine animals and sheep on behalf of the Union by Union inspection committee; (d) the practical modalities for the calculation by the Commission of the weighted average Union price for beef, pig and sheep carcasses; (e) the procedures to determine qualified classifiers of carcasses of adult bovines and sheep by Member States.

2012/07/20
Committee: AGRI

James NICHOLSON, Julie GIRLING, Anthea McINTYRE, Kay SWINBURNE

Proposal for a regulation
Article 33

1. In regions of Member States where the degree of organisation of producers in the fruit and vegetables sector is particularly low, the Commission may in accordance with the examination procedure referred to in Article 162(2), by means of implementing acts, authorise Member States, on their duly substantiated request, to pay producer organisations national financial assistance equal to a maximum of 80 % of the financial contributions referred to in point (a) of Article 30(1). This assistance shall be additional to the operational fund. 2. In regions of Member States where producer organisations, associations of producer organisations and the producer groups referred to in Article 28 of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) market less than 15 % of the value of fruit and vegetable production and whose fruit and vegetable production represents at least 15 % of their total agricultural output, the national financial assistance referred to in paragraph 1 may be reimbursed by the Union at the request of the Member State concerned. The Commission shall, by means of implementing acts, decide on that reimbursement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).Article 33 deleted National financial assistance

2012/07/20
Committee: AGRI

Proposal for a regulation
Article 52 a (new)

Article 52a Measures eligible for aid The measures which may be included in the apiculture programmes under article 52 shall be the following: (a) technical assistance to beekeepers and groupings of beekeepers; (b) control of varroasis; (c) rationalisation of transhumance; (d) measures to support laboratories carrying out analyses of the physico- chemical properties of honey; (e) measures to support the restocking of hives in the Community; (f) cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products.

2012/07/23
Committee: AGRI

James NICHOLSON, Julie GIRLING, Richard ASHWORTH, Anthea McINTYRE

Proposal for a regulation
Article 53 – paragraph 1 – point a

(a) additional requirement for the measures which may be included in apiculture programmes,

2012/07/23
Committee: AGRI

Proposal for a regulation
Article 55 – paragraph 1

Without prejudice to any other provisions applicable to agricultural products, as well as 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 the general marketing standard and~~ marketing standards by sector and/or product for agricultural products.

2012/07/23
Committee: AGRI

James NICHOLSON, Julie GIRLING, Richard ASHWORTH, Anthea McINTYRE, Robert STURDY

Proposal for a regulation
Article 56

Conformity with the general marketing 1. For the purposes of this Regulation a product complies with the ‘general marketing standard’ if it is of sound, fair and marketable quality. 2. Where no marketing standards as referred to in Subsection 3 and in Council Directives 2000/36/EC28 , 2001/112/EC29 , 2001/113/EC30 , 2001/114/EC31 , 2001/110/EC32 , 2001/111/EC33 , have been established, agricultural products which are ready for sale or delivery to the final consumer in retail as defined in point 7 of Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard. 3. A product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard adopted by any of the international organisations listed in Annex V.Article 56 deleted standard

2012/07/23
Committee: AGRI

James NICHOLSON, Julie GIRLING, Richard ASHWORTH, Anthea McINTYRE, Robert STURDY

Proposal for a regulation
Article 57

Article 57 Delegated powers Taking into account the need to address changes in the market situation, and the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to adopt, modify and derogate from the requirements concerning general marketing standard referred to in Article 56(1), and rules on conformity referred to in Article 56(3).deleted

2012/07/23
Committee: AGRI

James NICHOLSON, Julie GIRLING, Richard ASHWORTH, Anthea McINTYRE, Robert STURDY

Proposal for a regulation
Article 58 – paragraph 1

1. Marketing standards may apply for one or more of the following products and/or sectors: (a) olive oil and table olives in respect of the products referred to in point (a) of Part VII of Annex I; (b) fruit and vegetables; (c) processed fruit and vegetables; (d) bananas; (e) live plants; (f) eggs; (g) poultrymeat; (h) spreadable fats intended for human consumption; (i) hops. 1a. The products for which marketing standards by sectors or products have been laid down may be marketed in the Union only i~~n accordance with such~~f they conform to those standards.

2012/07/23
Committee: AGRI

Proposal for a regulation
Article 59 – paragraph 3 – point c

~~(c) the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical level;~~deleted

2012/07/23
Committee: AGRI

James NICHOLSON, Julie GIRLING, Richard ASHWORTH, Anthea McINTYRE

Proposal for a regulation
Article 60 – paragraph 3 – subparagraph 1 (new)

3a. In order to provide certainty about the methods of production for reduced alcohol wine and de-alcoholised wine, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on the oenological practices authorised for the production of reduced alcohol wines and de-alcoholised wine under paragraphs 1A and 1B of Part II of Annex VI.

2012/07/23
Committee: AGRI

Proposal for a regulation
Article 70 – paragraph 1 – point a – point iv

(iv) the product is obtained from vine varieties belonging to Vitis vinifera; or a cross between the Vitis vinifera species and other species of the genus Vitis;

2012/07/23
Committee: AGRI

James NICHOLSON, Julie GIRLING, Richard ASHWORTH, Anthea McINTYRE

Proposal for a regulation
Article 106 – paragraph 1 – introductory part

Member States ~~shall~~may recognise, on request, producer organisations, which:

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 106 – paragraph 1 a (new)

By way of derogation from paragraph 1, Member States shall recognise, on request, producer organisations in the fruit and vegetable sector and olive oil and table olives sector which meet the criteria in paragraph 1 and which in the case of producer organisations in the fruit and vegetable sector pursue at least one of the objectives in paragraph 1(c)(i) to (iii).

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 107 – paragraph 1

Subject to paragraph 2, Member States ~~shall~~may recognise, on request, associations of producer organisations in any of the sectors listed in Article 1(2) which are formed on the initiative of recognised producer organisations. Member States shall not recognise an association of producer organisation which holds a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 107 – paragraph 1 a (new)

Member States may permit a recognised producer organisation or a recognised association of producer organisations to outsource any of its activities (other than production), including to subsidiaries, provided that it provides sufficient evidence to the Member State that doing so is an appropriate way to achieve the objectives of the producer organisation or association of producer organisations concerned and that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the provision of the activity. In particular, the organisation or association must retain the power to issue binding instructions to its agent in respect of the activities entrusted to it.

2012/07/25
Committee: AGRI

James NICHOLSON, Julie GIRLING, Richard ASHWORTH, Anthea McINTYRE

Proposal for a regulation
Article 108 – paragraph 1 – introductory part

1. Member States ~~shall~~may recognise, on request, interbranch organisations in any of the sectors listed in Article 1(2) which:

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 110

~~[...]~~deleted

2012/07/25
Committee: AGRI

James NICHOLSON, Julie GIRLING, Richard ASHWORTH, Anthea McINTYRE

Proposal for a regulation
Article 111

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 110 and the activities covered by those rules are in the general economic interest of persons whose activities relate to the products concerned, the Member State which has granted recognition may decide that individuals 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.deleted

2012/07/25
Committee: AGRI

James NICHOLSON, Julie GIRLING, Richard ASHWORTH, Anthea McINTYRE

Proposal for a regulation
Article 112

~~Measures to facilitate the adjustment of supply to market requirements Taking into account the need to encourage action by the organisations referred to in~~ Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning the live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors on measures: (a) to improve quality; (b) to promote better organisation of production, processing and marketing; (c) to facilitate the recording of market price trends; (d) to permit the establishment of short and long-term forecasts on the basis of the means of production used.12 deleted

2012/07/25
Committee: AGRI

James NICHOLSON, Julie GIRLING, Richard ASHWORTH, Anthea McINTYRE

Proposal for a regulation
Article 113

Marketing rules to improve and stabilise the operation of the common market in 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 the interbranch organisations recognised under Article 108. 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; (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; (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.Article 113 deleted wines

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 114 – paragraph 1 – point b

(b) the rules of association, ~~the recognition,~~ structure, legal personality, membership, size, accountability and activities of such organisations and associations, the requirement referred to in point (d) of Article 106 for recognition of a producer organisation that it does not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty, the effects deriving from ~~recognition, the withdrawal of recognition,~~ and mergers;

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 114 – paragraph 1 – point b a (new)

(b a) the rules on recognition, withdrawal and suspension of recognition and requirements for such organisations and associations to take remedial measures in the event of non-respect of the recognition criteria;

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 155 – paragraph 1 – subparagraph 1 – introductory part

The Commission may, by means of implementing acts, adopt exceptional support measures for the affected market:

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 156 – title

Measures to resolve specific practical problems

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 156 – paragraph 1

1. The Commission shall, by means of implementing acts, adopt necessary and justifiable emergency measures to resolve specific practical problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 159 – paragraph 1

Funds transferred from the Reserve for crises in the agricultural sector under the conditions and procedure referred to in paragraph 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management47 shall be made available for ~~the measures to which this Regulation applies~~expenditure under Chapter 1 of this Part for the year or years for which the additional support is required and which are implemented in circumstances that go beyond normal market developments.

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 159 – paragraph 2

~~In particular, funds shall be transferred for any expenditure under: (a) Chapter I of Title I of Part II, (b) Chapter VI of Part III, and (c) Chapter I of this Part.~~deleted

2012/07/25
Committee: AGRI

Proposal for a regulation
Article 159 – paragraph 3

The Commission may, by means of implementing acts, and by way of derogation from the second paragraph of this Article, decide that transfers of funds shall not be made for certain expenditure referred to in point (b) of that paragraph if such expenditure is part of normal market management. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).deleted

2012/07/25
Committee: AGRI

Proposal for a regulation
Annex VI – Part II – point 1 – paragraph 2 – point a

(a) have, whether or not following application of the processes specified in Section B of Part I of Annex VII, an actual alcoholic strength of not less than 8,4.5% volume ~~provided that the wine derives exclusively from grapes harvested in wine-growing zones A and B referred to in the Appendix to this Annex, and of not less than 9 % volume in other wine- growing zones;~~:

2012/07/25
Committee: AGRI

Proposal for a regulation
Annex VI – Part II – point 1 – paragraph 2 – point b

(b) have, by way of derogation from the otherwise applicable minimum actual alcoholic strength, where it has a protected designation of origin or a protected geographical indication, whether or not following application of the processes specified in Section B of Part I of Annex VII, an actual alcoholic strength of not less than 4,5 % volume;deleted

2012/07/25
Committee: AGRI

Proposal for a regulation
Annex VI – Part II – point 1 – paragraph 4

By way of derogation from point (ba) ‘'Tokaji eszencia’' and ‘'Tokajská esencia’ ' are considered wine.

2012/07/25
Committee: AGRI