15 Amendments of Daciana Octavia SÂRBU related to 2011/0281(COD)
Amendment 602 #
Proposal for a regulation
Recital 149
Recital 149
(149) As regards contractual relations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far- reaching nature, they should nevertheless be temporary in nature, and be subject to review. The Commission should adopt reports on the development of the milk market, covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018 respectively,
Amendment 1276 #
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 1550 #
Proposal for a regulation
Article 103 v (new)
Article 103 v (new)
Article 103v Retention of quotas 1. Where transfers are made under Articles 105j and 105k, Member States may, on the basis of objective criteria, retain portions of individual quotas for their national reserve. 2. Whenever quotas have been or are transferred in accordance with Articles 105j and 105k with or without the corresponding land under rural leases or by other means involving comparable legal effects, Member States may decide, on the basis of objective criteria and with the aim of ensuring that quotas are assigned solely to producers, whether and under what conditions the whole or a portion of a transferred quota shall revert to the national reserve.
Amendment 1553 #
Proposal for a regulation
Article 103 w (new)
Article 103 w (new)
Article 103w Aid for the acquisition of quotas No financial assistance linked directly to the acquisition of quotas may be granted by any public authority for the sale, transfer, or allocation of quotas under this Section.
Amendment 1556 #
Proposal for a regulation
Article 103 x (new)
Article 103 x (new)
Article 103x Surplus levy in the event of quota overrun 1. A levy shall be payable on surpluses of milk and other marketed milk products exceeding the national quotas fixed in accordance with Articles 105a to 105m. The levy shall be EUR 27.83 per 100 kilograms of milk. 2. Member States shall be liable to the Union for the surplus levy resulting from national quota overruns determined nationally and separately for deliveries and direct sales, and between 16 October and 30 November following the twelve- month period concerned shall pay 99% of the amount due to the EAGF. 3. If the payment referred to in paragraph 1 has not been made by the due date, the Commission, after consulting the Committee on the Agricultural Funds, shall deduct a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Article XXX of Regulation (EU) No XXX (‘Horizontal Regulation’). Before taking its decision, the Commission shall notify the Member State concerned, which shall make its position known within a week. Article XXX of Regulation (EU) No XXX (‘Horizontal Regulation’) shall not apply, 4. The Commission shall, by means of implementing acts adopted by the examination procedure referred to in Article 162(2), lay down rules for the implementation of this Article.
Amendment 1559 #
Proposal for a regulation
Article 103 y (new)
Article 103 y (new)
Amendment 1562 #
Proposal for a regulation
Article 103 z (new)
Article 103 z (new)
Article 103z Surplus levy on deliveries 1. For the purposes of final calculation of the surplus levy, the quantities delivered by each producer shall be raised or lowered so as to reflect any differences between the actual fat content and the reference fat content, applying factors to be determined by the Commission and under conditions which it shall lay down by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2). 2. At national level, the surplus levy shall be calculated on the basis of aggregate deliveries, adjusted in accordance with paragraph 1. 3. Producers’ contributions towards the surplus levy payment shall be laid down by decision of the Member State concerned, where applicable after any unused portion of the national quota allocated to deliveries has been reallocated in proportion to the individual quotas of each producer or according to objective criteria to be determined by Member States: (a) either at national level, on the basis of the amount by which each producer’s quota has been exceeded; or (b) initially at purchaser level and thereafter at national level, where appropriate.
Amendment 1565 #
Proposal for a regulation
Article 103 a a (new)
Article 103 a a (new)
Article 103aa Role of purchasers 1. Purchasers shall be responsible for collecting contributions owed by producers by virtue of the surplus levy and shall pay the competent body of the Member State concerned, by a date and a procedure to be laid down by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), the amount of those contributions, deducted from the price paid for milk to the producers responsible for overruns or, failing that, collected by any other appropriate means. 2. Where a single purchaser replaces one or more other purchasers, wholly or in part, the individual quotas available to producers shall be taken into consideration for the remainder of the twelve-month period in progress, after deduction of the quantities already delivered, taking into account their fat content. This paragraph shall also apply where a producer changes purchasers. 3. If, during the reference period, quantities delivered by a producer exceed that producer’s available quota, the relevant Member State may decide that the purchaser shall deduct part of the milk price in any delivery by the producer concerned in excess of the quota, by way of an advance on the producer’s contribution, in accordance with detailed rules to be laid down by the Member State. The Member State may make specific arrangements enabling purchasers to deduct this advance where producers deliver to several purchasers.
Amendment 1568 #
Proposal for a regulation
Article 103 a b (new)
Article 103 a b (new)
Article 103ab Approval Purchaser status shall be subject to prior approval by the Member State concerned on the basis of criteria to be laid down by the Commission by means of delegated acts in accordance with Article 160. The conditions to be satisfied, and the information to be supplied, by producers, as regards direct sales, shall be laid down by the Commission by means of implementing acts in accordance with Article 162(2).
Amendment 1571 #
Proposal for a regulation
Article 103 a c (new)
Article 103 a c (new)
Article 103ac Surplus levy on direct sales 1. In the case of direct sales, each producer’s contribution towards the surplus levy payment shall be laid down by decision of the Member State concerned, where applicable after any unused portion of the national quota allocated to direct sales has been reallocated, at the appropriate territorial level or at national level. 2. Member States shall determine the basis for calculation of producers’ contributions towards the surplus levy due on the total quantity of milk sold, transferred, or used to manufacture milk products sold or transferred, by applying criteria to be laid down by the Commission by means of delegated acts in accordance with Article 160. 3. No correction linked to fat content shall be taken into account for the purposes of final calculation of the surplus levy. 4. The Commission shall, by means of implementing acts in accordance with Article 105v, lay down the arrangements for, and the date of, payment of the surplus levy to the competent bodies of Member States.
Amendment 1574 #
Proposal for a regulation
Article 103 a d (new)
Article 103 a d (new)
Article 103ad Amounts paid in excess or unpaid 1. Where, in the case of deliveries or direct sales, it is established that the surplus levy is due and that the contribution collected from producers is greater than the levy, any Member State may: (a) use all or part of the excess to finance the measures referred to in Article 105k(1)(a); and/or (b) redistribute it in full or in part to producers who: – fall within priority categories determined by the Member State on the basis of objective criteria, and within time-frames, to be laid down by the Commission, or – are affected by an exceptional situation resulting from a national rule unconnected with the quota system for milk and other milk products established by this Chapter. 2. Where no surplus levy is found to be due, any advances collected by purchasers or the Member State shall be repaid at the latest by the end of the following twelve- month period. 3. Where a purchaser has failed to fulfil the obligation to collect the producers’ contribution towards the surplus levy in accordance with Article 105q, the Member State may collect unpaid amounts directly from the producer, without prejudice to any penalties which it might impose on the defaulting purchaser. 4. Where a producer or a purchaser has failed to meet the payment deadline, interest on arrears, to be determined by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 162(2), shall be paid to the Member State.
Amendment 1596 #
Proposal for a regulation
Article 106 – paragraph 1 – introductory part
Article 106 – paragraph 1 – introductory part
Member States shallmay recognise, on request, producer organisations, which:
Amendment 1667 #
Proposal for a regulation
Article 106 – paragraph 1 a (new)
Article 106 – paragraph 1 a (new)
In the fruit and vegetables sector producer organisations shall pursue at least one of the objectives set out in Article 106 (1) (c) (i) to (iii).
Amendment 1683 #
Proposal for a regulation
Article 107 – paragraph 1
Article 107 – paragraph 1
Member States shallmay 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.
Amendment 1762 #
Proposal for a regulation
Article 108 – paragraph 1 a (new)
Article 108 – paragraph 1 a (new)
1a. By way of derogation from Articles 106 to 108 Member States shall recognise, on request, producer organisations in: (i) the fruit and vegetables sector