36 Amendments of Anja WEISGERBER related to 2011/0281(COD)
Amendment 1098 #
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Amendment 1103 #
Proposal for a regulation
Article 40 – point c a (new)
Article 40 – point c a (new)
(ca) support programme for wine growing on steep-slope sites pursuant to Article 44a;
Amendment 1133 #
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Article 44a Support programme for wine growing on steep-slope sites The measures taken as part of the support programme for wine growing on steep- slope sites shall be designed to safeguard wine growing on labour-intensive slope, steep-slope and terrace sites in the long term by improving its competitiveness. The support may take the form of a flat- rate per-hectare payment to be set by the Member State concerned or a modulated payment determined by the steepness of the site.
Amendment 1239 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Marketing standards may apply to the following sectors or products: (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) spreadable fats; (g) milk and milk products intended for human consumption; (h) poultrymeat. The wine sector shall be excluded. The products for which marketing standards by sectors or products have been laid down may be marketed in the Union only in accordance with such standards.
Amendment 1243 #
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The marketing standards referred to in paragraph 1 may cover: relate where appropriate to the requirements for: (a) as regards the fruit and vegetables sector: (i) classification criteria such as grading into classes, weight, sizing, age and category; (ii) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms; (iii) criteria such as appearance, consistency, conformation, product characteristics; (b) as regards the banana sector: (i) classification criteria such as grading into classes, weight, sizing, age and category; (ii) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms; (iii) criteria such as appearance, consistency, conformation, product characteristics; (c) as regards the eggs and poultrymeat sector: (i) classification criteria such as grading into classes, weight, sizing, age and category; (ii) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms; (iii) criteria such as appearance, consistency, conformation, product characteristics; (iv) the conservation method and temperature; (v) as regards the poultrymeat sector, the water content as a percentage; (d) as regards the egg sector: (i) the frequency of collection, delivery, preservation and handling; (ii) the type of farming and production method and related administrative rules, and operating circuit; (iii) restrictions as regards the use of certain substances and/or practices; (iv) storage, transport; (v) time limits. (e) as regards the olive oil and table olives sector: (i) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms; (ii) criteria such as appearance, consistency, conformation, product characteristics; (iii) specific substances used in production, or components or constituents, including their quantitative content, purity and identification. 3. The marketing standards by sectors or products adopted pursuant to paragraph 1 shall be established without prejudice to Title IV of Regulation (EU) No [COM(2010)733] on agricultural product quality schemes, and shall take into account: (a) the specificities of the product concerned; (b) the need to ensure the conditions for a smooth placing of the products on the market; (c) the interest of consumers to receive adequate and transparent product information; (d) the standard recommendations adopted by international bodies.
Amendment 1270 #
Proposal for a regulation
Article 59 – paragraph 3 – point c
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;
Amendment 1271 #
Proposal for a regulation
Article 59 – paragraph 3 – point d
Article 59 – paragraph 3 – point d
Amendment 1295 #
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
Amendment 1307 #
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
Article 62 – paragraph 3 – subparagraph 1
The Commission shall, where necessary, adopt methods referred to in point (d) of Article 59(3) for products listed in Part II of Annex VI by means of implementing actsmethods of analysis for determining the composition of the products of the wine sector and the rules whereby it may be established whether these products have undergone processes contrary to authorised oenological practices shall be adopted pursuant to Article 43(2) of the Treaty. Those methods and rules shall be based on anythe relevant methods recommended and published byations of the OIV, unless they would be ineffective or inappropriate in view of the legitimate objective pursued. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 162(2) by the Union.
Amendment 1315 #
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices recommended and published by the OIV or authorised by the Union pursuant to this Regulation.
Amendment 1346 #
Proposal for a regulation
Article 71 – paragraph 2 – subparagraph 1 a (new)
Article 71 – paragraph 2 – subparagraph 1 a (new)
Amendment 1353 #
Proposal for a regulation
Article 73 – paragraph 1 – subparagraph 1 a (new)
Article 73 – paragraph 1 – subparagraph 1 a (new)
The application for protection shall be filed with the Member State in whose territory the designation of origin or geographical indication originates. The Member State shall examine the application for protection in order to verify whether it meets the conditions set out in this Subsection. The Member State shall, by means of a national procedure, ensure the adequate publication of the application and provide for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and resident or established on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.
Amendment 1356 #
Proposal for a regulation
Article 73 – paragraph 3 – subparagraph 1 (new)
Article 73 – paragraph 3 – subparagraph 1 (new)
(a) publish the single document and the product specification at least on the Internet; and (b) forward to the Commission an application for protection containing the following information: (i) the name and address of the applicant; (ii) the single document referred to in Article 71(1)(d); (iii) a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and (iv) the publication reference, in keeping with point (a). The information referred to in point (b) of the first subparagraph shall be forwarded in one of the official languages of the Union or accompanied by a certified translation into one of those languages.
Amendment 1359 #
Proposal for a regulation
Article 73 – paragraph 3 a (new)
Article 73 – paragraph 3 a (new)
3a. Member States shall have the laws, regulations or administrative provisions in place that are necessary to comply with Article 118f of Regulation (EC) No 1234/2007 and this Article as from 1 August 2009.
Amendment 1360 #
Proposal for a regulation
Article 73 – paragraph 3 b (new)
Article 73 – paragraph 3 b (new)
Amendment 1365 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
An applicant satisfying the conditions laid down pursuant to point (b) of Article 86(4)72 may apply for approval of an amendment to the product specification of a protected designation of origin or a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area concernedreferred to in point (d) of the second subparagraph of Article 71(2). Applications shall describe and give reasons for the amendments requested.
Amendment 1368 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
Where the proposed amendment involves one or more amendments to the single document referred to in Article 71(1)(d), Articles 73 to 76 shall apply mutatis mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission shall, by means of implementing acts, decide whether to approve the application without following the procedure laid down in Article 74(2) and Article 75 and, in the event of approval, shall publish the elements referred to in Article 74(3). That implementing act shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 1370 #
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
Where the proposed amendment does not involve any change to the single document, the following rules shall apply: (a) where the geographical area is in a given Member State, that Member State shall express its position on the amendment and, if it is in favour, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them; (b) where the geographical area is in a third country, the Commission shall, by means of implementing acts, decide whether to approve the proposed amendment. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 1372 #
Proposal for a regulation
Article 84 – paragraph 3 a (new)
Article 84 – paragraph 3 a (new)
3a. By way of derogation from Article 82(1), a Member State or third country or its competent authority may apply for approval for the amendment of the product specification for existing protected wine names in accordance with paragraph 1 of this Article.
Amendment 1381 #
Proposal for a regulation
Article 86 – paragraph 4 – point a
Article 86 – paragraph 4 – point a
(a) the elements of the product specifin which cases a single producer may apply for the protection of a designation of origin or geographical indication;
Amendment 1383 #
Proposal for a regulation
Article 86 – paragraph 4 – point c
Article 86 – paragraph 4 – point c
(c) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, preliminary national procedures, scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;
Amendment 1385 #
Proposal for a regulation
Article 86 – paragraph 4 – point d
Article 86 – paragraph 4 – point d
(d) the conditionspecific measures related to the national procedures applicable to trans- border applications;
Amendment 1388 #
Proposal for a regulation
Article 86 – paragraph 4 – point g
Article 86 – paragraph 4 – point g
(g) the conditions related tounder which an amendment is to product specifications.be considered as minor within the meaning of Article 82(2);
Amendment 1395 #
Proposal for a regulation
Article 89 – paragraph 1 – point a a (new)
Article 89 – paragraph 1 – point a a (new)
(aa) Competent authorities of Member States or third countries or representative professional organisations established in third countries may submit to the Commission an application for protection of traditional terms within the meaning of Article 89.
Amendment 1396 #
Proposal for a regulation
Article 89 – paragraph 1 a (new)
Article 89 – paragraph 1 a (new)
1a. Traditional terms shall be protected only in the language and for the categories of grape vine products claimed in the application, against: (a) any misuse even if the protected term is accompanied by an expression such as 'style', 'type', 'method', 'as produced in', 'imitation', 'flavour', 'like' or similar; (b) any other false or misleading indication as to the nature, characteristics or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to it; (c) any other practice liable to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.
Amendment 1397 #
Proposal for a regulation
Article 89 – paragraph 1 b (new)
Article 89 – paragraph 1 b (new)
1b. Where a traditional term is protected under this Regulation, the registration of a trademark, the use of which would contravene Article 89c, shall be assessed in accordance with Directive 2008/95/EC of the European Parliament and of the Council ( 1 ) or Council Regulation (EC) No 207/2009 ( 2 ). Trademarks registered in breach of the first subparagraph shall be declared invalid upon request in accordance with the applicable procedures as specified by Directive 2008/95/EC or Regulation (EC) No 207/2009. A trademark, which corresponds to one of the situations referred to in Article 89c of this Regulation, and which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Community before 4 May 2002 or before the date of submission of the application for protection of the traditional term to the Commission, may continue to be used and renewed notwithstanding the protection of the traditional term. In such cases the use of the traditional term shall be permitted alongside the relevant trademark. A name shall not be protected as a traditional term, where in the light of a trademark's reputation and renown, such protection is liable to mislead the consumer as to the true identity, nature, characteristic or quality of the wine.
Amendment 1398 #
Proposal for a regulation
Article 89 – paragraph 1 c (new)
Article 89 – paragraph 1 c (new)
Amendment 1399 #
Proposal for a regulation
Article 89 – paragraph 1 d (new)
Article 89 – paragraph 1 d (new)
1d. Within two months from the date of publication of the application by the Commission any Member State or third country, or any natural or legal person having a legitimate interest may object to the proposed recognition by lodging a request of objection.
Amendment 1400 #
Proposal for a regulation
Article 89 – paragraph 1 e (new)
Article 89 – paragraph 1 e (new)
1e. An applicant may apply for an approval of a modification of a traditional term, the language indicated, the wine or wines concerned or of the summary of the definition or conditions of use of the traditional term concerned.
Amendment 1401 #
Proposal for a regulation
Article 89 – paragraph 1 f (new)
Article 89 – paragraph 1 f (new)
1f. The Commission may on a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, by means of an implementing act, decide to cancel the protection of a traditional term if it no longer meets the definition laid down in Article 89. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 1407 #
Proposal for a regulation
Article 91 – paragraph 3 – point a
Article 91 – paragraph 3 – point a
Amendment 1408 #
Proposal for a regulation
Article 91 – paragraph 3 – point c
Article 91 – paragraph 3 – point c
Amendment 1409 #
Proposal for a regulation
Article 91 – paragraph 3 – point d
Article 91 – paragraph 3 – point d
Amendment 1410 #
Proposal for a regulation
Article 91 – paragraph 3 – point e
Article 91 – paragraph 3 – point e
Amendment 1660 #
Proposal for a regulation
Article 106 – paragraph 1 – point d a (new)
Article 106 – paragraph 1 – point d a (new)
(da) market products not covered by Annex I to the Treaty, provided that the proportion of products sold which are not covered by Annex I does not exceed 49 % of the total volume marketed, without this leading to the forfeiture of official status as a producer organisation in the recognised agricultural sector.
Amendment 2180 #
Proposal for a regulation
Annex I – Part XXI – product line (new)
Annex I – Part XXI – product line (new)
Raw alcohol with an alcohol content of less than 96% by volume which retains the organoleptic qualities associated with the basic raw materials used in its production shall be treated as ethyl alcohol within the meaning of point 1 provided that the raw alcohol in question is, after further processing, marketed or used as ethyl alcohol within the meaning of point 1.