Activities of Albert DESS related to 2010/0362(COD)
Plenary speeches (1)
Contractual relations in the milk and milk products sector (debate)
Amendments (19)
Amendment 72 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) A comprehensive sectoral investigation of the whole food supply chain should be undertaken to identify any abuses of the power of the demand side in the sector; marketing at below purchase price should be banned throughout the Community.
Amendment 84 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to strengthen producers, the payment deadline for all kinds of milk products (cheese, fresh products, butter, preserved milk products, milk powder, whey powder, etc.) should not in any instance exceed the use-by date of the product marketed and, in the case of more durable products, should not exceed 30 days. It should not be possible to waive this rule contractually, and it should be observed consistently at all stages in the trading chain.
Amendment 86 #
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) In order to support producers, supply contracts for all kinds of milk products (cheese, fresh products, butter, preserved milk products, milk powder, whey powder, etc.) between dairies and the food trade or intermediaries or industrial processors which are concluded for longer than six months should include a provision limiting fixed prices to six months. Long- term supply contracts should lay down minimum quantities of which delivery is to be taken and maximum quantities to be supplied, binding on both parties.
Amendment 87 #
Proposal for a regulation
Recital 8 c (new)
Recital 8 c (new)
(8c) In order to support producers effectively it is essential that, in sales contracts relating to all kinds of milk products (cheese, fresh products, butter, preserved milk products, milk powder, whey powder, etc.), the real net/net price should be clearly established for the product concerned per kg, taking account of all price adjustments such as rebates, discounts, advertising cost supplements, brokerage, del credere commissions, loyalty premiums, volume discounts, target quantity premiums, shop opening premiums, analysis cost and labour cost supplements, freight cost supplements, commissioning cost supplements, flat-rate contractual penalties for any shortcomings in performance without proof of real costs, etc., and that this obligation cannot be waived by individual contract. The ultimate aim is to make settlements on a net/net basis subject to conditions clear to both parties.
Amendment 121 #
Recital 14 a (new)
(14a) With reference to the European Parliament resolution of 5 May 2010 on ‘agriculture in areas with natural handicaps: a special health check’, it is particularly important that, in future too, measures should be taken in certain areas where there are no alternatives to the burdensome forms of production and products established there (e.g. mountain regions, Nordic regions, grassland regions, etc.) to preserve milk production, in particular, in these areas even after the milk quota system has ceased to operate. Without a functioning milk sector, it will not be possible to preserve farmland in these areas. These measures include, inter alia, marketing measures and measures to protect geographical origin, traditional processing and recipes, traditional specialities and the quality specifications of milk products.
Amendment 130 #
Amendment 132 #
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EC) 1234/2007
Article 122 - paragraph 4 a (new)
Article 122 - paragraph 4 a (new)
(2a) The following paragraph 4a is added to Article 122: “Milk producer cooperatives which were recognised under national law in accordance with the conditions laid down in Article 122(1)(b) and (c) before the entry into force of this Regulation shall continue to be deemed recognised.”
Amendment 133 #
Proposal for a regulation
Article 1 – point 2 b (new)
Article 1 – point 2 b (new)
Regulation (EC) 1234/2007
Article 122 - paragraph 4 b (new)
Article 122 - paragraph 4 b (new)
(2b) The following paragraph 4b is added to Article 122: “Member States shall recognise producer organisations in the milk and milk product sector under the same conditions as referred to in paragraph 1(b) and (c). The Commission may adopt implementing provisions relating to transnational producer organisations in this field and to the assistance to be provided by the competent authorities to other authorities in the event of transnational cooperation. Member States shall lay down all other recognition conditions.”
Amendment 142 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point a
Article 123 – paragraph 4 – point a
(a) are made up of representatives of economic activities linked to the production of, trade in, orand processing of products of the milk and milk products sector;
Amendment 169 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint viii a (new)
Article 123 – paragraph 4 – point c – subpoint viii a (new)
(viiia) ensuring just distribution of the profits from the food supply chain, particularly by shortening the production chain and promoting regional economic activity by reinforcing cooperative structures and direct marketing;
Amendment 179 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 1
Article 126 a – paragraph 1
1. 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 second subparagraph of Article 185f(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 122, on behalf of its farmer members for part or all of their joint production. This Article shall not apply if the raw milk is delivered by a producer to an enterprise that is a cooperative of which the producer is a member.
Amendment 188 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 2 – point (c) – subpoint i
Article 126 a – paragraph 2 – point (c) – subpoint i
(i) 3.5% of total Union production available for negotiations, and
Amendment 196 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 2 – point (c) – subpoint ii
Article 126 a – paragraph 2 – point (c) – subpoint ii
(ii) 33% of the total national production available for negotiations of any particular Member State covered by such negotiations by that producer organisation, and
Amendment 203 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 2 – point (c) – subpoint iii
Article 126 a – paragraph 2 – point (c) – subpoint iii
(iii) 33% of the total combined national production available for negotiations of all the Member States covered by such negotiations by that producer organisation,
Amendment 225 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 5 – subparagraph 1
Article 126 a – paragraph 5 – subparagraph 1
5. By way of derogation from paragraph 2(c) (i), (ii) and (iii), even where the threshold of 3,5 % or 33 % is not exceeded, the competition authority referred to in the second subparagraph may decide in an individual case that the negotiation by the producer organisation may not take place if it considers that this is necessary in order to prevent competition being excludrestricted or distorted or in order to avoid serious prejudice to SME processors of raw milk in its territory.
Amendment 254 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
1. If a Member State decides that every delivery of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, such contract shallould fulfil the conditions laid down in paragraph 2.
Amendment 260 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 1 – subparagraph 2
Article 185 f – paragraph 1 – subparagraph 2
In the case described in the first subparagraph, the Member State concerned shall also decide that if the delivery of raw milk is made through one or more collectors, each stage of the delivery mustay be covered by such a contract between the parties. To this end, 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.
Amendment 263 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
2. The contract shallmay:
Amendment 279 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 2 – point c – subpoint ii
Article 185 f – paragraph 2 – point c – subpoint ii
(ii) the volume which may and/or shall be deliverof raw milk to be delivered, which: - shall be freely negotiated, and - may indicate the timing of such deliveries, and