16 Amendments of Elisabeth JEGGLE related to 2010/0362(COD)
Amendment 44 #
Proposal for a regulation
Recital 2
Recital 2
(2) In 2007-2009, exceptional developments took place in milk and milk products sector markets. Initially, extreme weather conditions in Oceania brought about a significant decline in supplies, leading to a rapid and significant increase in prices. Yet while world supplies had started their recovery, and prices had started to return to more normal levels, the subsequent financial and economic crisis negatively affected EU dairy producers, aggravating price volatility. Initially feed and other input costs including energy increased significantly as a result of higher commodity prices. Subsequently, a drop in worldwide, as well as EU, demand, including for milk and milk products, whilst EU production was stable led to a collapse in EU prices, down to the lower safety net level. This sharp decline in dairy commodity prices failed to fully translate into lower dairy prices at consumer levels, generating a widening in the gross margin of the downstream sectors for most milk and milk sector products and countries, and preventing demand for them to adjust to low commodity prices, slowing down price recovery and exacerbating the impact of low prices on milk producerscausing extreme price volatility, ultimately resulting in a price crash in 2009, down to the lower safety net level, which forced many dairy farmers in Europe out of business and put the viability of many other milk producers at serious risk.
Amendment 71 #
Proposal for a regulation
Recital 6
Recital 6
(6) There is a problem of price transmission along the chain, in particular as regards farm-gate prices. Conversely, during 2009 the supply of milk did not react to lower demand. Indeed, in some large producer Member States, in reaction to lower prices, farmers produced more than in the previous year. Value-added in the chain has become increasingly concentrated in the downstream sectors, notably with dairies. In relation to them, the position of primary producers within the chain as a whole remains weak.
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 124 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Commission should have the power to adopt delegated acts in accordance with Article 290 TFUEU should be delegated to the Commission in order to supplement or amend certain non- essential elements of measures set out in this Regulation. The elements for which that power may beIt is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expercised should be defined, as well as the conditions to which that delegation is to be subjectt level and with national experts. When preparing and drawing up delegated acts, the Commission should ensure simultaneous, timely and appropriate forwarding of relevant documents to the European Parliament and to the Council.
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 148 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint i
Article 123 – paragraph 4 – point c – subpoint i
(i) improving knowledge and the transparency of production and the market for the benefit of all components of the milk supply chain, particularly milk producers, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional or national level;
Amendment 180 #
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 processes the milk and that enterprise is a cooperative of which the producer is a member, where the conditions relating to contracts laid down in that cooperative's rules on delivery correspond to the provisions of this Regulation.
Amendment 195 #
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) 339% of the total national production of any particular Member State covered by such negotiations by that producer organisation, and
Amendment 202 #
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) 339% of the total combined national production of all the Member States covered by such negotiations by that producer organisation,
Amendment 207 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 2 – point (d)
Article 126 a – paragraph 2 – point (d)
(d) provided the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf, unless there are objective and reasonable grounds for being a member of more than one producer organisation, which do not conflict with the objectives of the producer organisations concerned, and
Amendment 222 #
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 33.5% or 39% 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 excludseriously distorted or in order to avoid serious prejudice to SME processors of raw milk in its territory.