[ParlTrack]

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 7 – paragraph 1 a (new)

The reference prices referred to in Article 7 should be updated in order to take account of the increase in production costs; for instance, the price should be EUR 130 per tonne for cereals, EUR 283.35 per 100 kg for butter, and EUR 195.27 per 100 kg for skimmed milk powder.

2012/07/19
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 10 a (new)

Article 10 a c a) pigmeat;

2012/07/19
Committee: AGRI

Jarosław KALINOWSKI, Artur ZASADA, Czesław Adam SIEKIERSKI, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 11 – paragraph 1 – point c

c) beef, veal and vpigmealt, ~~throughout the marketing yea~~from 1 January to 31 December;

2012/07/19
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 12 – paragraph 1 – point c a (new)

(ca) The Commission may – by way of implementing acts – decide to open public intervention in the pigmeat sector when the average EU market price for pig carcasses, as established by reference to the prices recorded in each Member State on the representative markets of the Community and weighted by means of coefficients reflecting the relative size of the pig herd in each Member State, is less than 103% of the reference price and once the market price/production cost ratio has been taken into account.

2012/07/19
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 14 – paragraph 3

3. The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common wheat, barley, maize and paddy rice. Moreover, ~~taking into account the need to~~in order to: (a) ensure that production is orientated towards certain varieties of paddy rice, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases and reductions of the public intervention price; (b) encourage the conclusion of long-term cultivation contracts between producers and entities buying cereals, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases of the public intervention price.

2012/07/19
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 22 – paragraph 3 – point a

(a) ~~objective criteria~~the method for ~~the~~ reallocati~~on of aid~~ng between Member States, the indicative allocation of aid ~~between Member States and the method for reallocating aid between Member States~~referred to in Article 21(4a), based on aid applications received;

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1 a (new)

When drawing up their strategies, Member States shall draw up a list of products that will be eligible under their respective schemes.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 26 c (new)

Article 26c Aid for skimmed milk and skimmed milk powder for use as feedingstuffs 1. When surpluses of milk products build up or are likely to occur, creating or likely to create a serious imbalance in the market, the Commission may, by means of implementing acts adopted in accordance with the procedure referred to in Article 162(2), decide that aid shall be granted for Union-produced skimmed milk and skimmed-milk powder intended for use as feedingstuffs according to conditions and product standards to be determined by the Commission by means of delegated acts pursuant to Article 25c. For the purposes of this Article, buttermilk and buttermilk powder shall be regarded as skimmed milk and skimmed- milk powder. 2. Measures on the fixing of the aid amounts shall be taken by the Council in accordance with Article 43(3) of the Treaty.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 26 d (new)

Article 26d Aid for skimmed milk processed into casein and caseinates 1. When surpluses of milk products build up or are likely to occur, creating or likely to create a serious imbalance in the market, the Commission may, by means of implementing acts, decide that aid shall be granted for Union-produced skimmed milk processed into casein and caseinates, according to conditions and product standards of such milk and the casein or caseinates produced from it to be determined by the Commission by means of delegated acts pursuant to Article 25c. 2. Measures on the fixing of the aid amounts shall be taken by the Council in accordance with Article 43(3) of the Treaty.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 26 e (new)

Article 26e Delegated powers 1. In order to guarantee the effectiveness of the Union aid referred to in Articles 25a and 25b, the Commission may, by means of delegated acts, adopt rules on: (a) additional conditions relating to the aid eligibility of products, their use, and standards for these products; (b) criteria for Member State approval of undertakings that process skimmed milk powder intended for use as feedingstuffs. 2. In order to ensure that the skimmed milk and the skimmed milk powder for which aid is granted as provided for in Articles 25a and 25b are used for the intended purpose, the Commission may, by means of delegated acts, determine the records that undertakings must keep. 3. In order to ensure that operators respect their obligations, the Commission, by means of delegated acts, shall require the lodging of a security if an advance payment of aid is made or if operators participate in tendering procedures for the purchase of skimmed milk powder from public intervention.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 26 f (new)

Article 26f Implementing powers The Commission may, by means of implementing acts, adopt the necessary measures related to Articles 25a and 25b, in particular concerning: (a) the approval procedure for undertakings that process skimmed milk powder intended for use as feedingstuffs; (b) the adjustments to be made to the aid rate based on the quality of the skimmed milk used; (c) the packaging requirements, the information to be contained on packages and the requirements for products moved in bulk; (d) the delivery of the feedingstuffs; (e) checks and inspections to be undertaken by Member States and the analytical tests to be used; (f) the procedures for applications and paying aid; (g) the procedures applying where skimmed milk powder is released from public intervention for use as a feedingstuff; (h) the information required in addition to the records that undertakings must keep; (i) the procedures for and the amount of the security to be lodged.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 26 g (new)

Article 26g Section II Use of casein and caseinates in the manufacture of cheese 1. Where aid is paid under Article 25b, the use of casein and caseinates in the manufacture of cheese may be subject to prior authorisation which shall be granted only if such use is a necessary condition for the manufacture of the products. 2. For the purposes of this subsection: (a) ‘cheese’ means products covered by CN code 0406 and manufactured within the territory of the Union; (b) ‘casein and caseinates’ means products covered by CN codes 3501 10 90 and 3501 90 90 and used as such or in the form of a mixture.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 26 h (new)

Article 26h Delegated powers In order to guarantee the effectiveness of the Union aid referred to in Article 25b, the Commission may, by means of delegated acts, adopt rules: (a) making the use of casein and caseinates referred to in Article 25e subject to prior authorisation; (b) on the maximum percentage of casein and caseinates to be incorporated in cheese on the basis of objective criteria having regard to what is technologically necessary.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 26 i (new)

Article 26i Implementing powers The Commission may, by means of implementing acts, adopt all necessary measures as regards the use of casein and caseinates referred to in Article 25e, including in particular: (a) the granting by Member States of authorisations as regards the use of casein and caseinates in the manufacture of cheese; (b) the obligations to be respected by the undertakings authorised in accordance with point (a).

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 31 – paragraph 2 – point f a (new)

(fa) credit insurance.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 36 a (new)

Article 36a Producer groups 1. During the transitional period allowed pursuant to Article 36b, Member States may grant to producer groups in the fruit and vegetables sector which have been formed in view of being recognised as a producer organisation: (a) aid to encourage their formation and facilitate their administrative operation; (b) aid, provided either directly or through credit institutions, to cover part of the investments required to attain recognition and set out in the recognition plan referred to in the third subparagraph of Article 36b(1). 2. The aid referred to in paragraph 1 shall be reimbursed by the Union in accordance with rules on the financing of such aids, including the thresholds and ceilings and the degree of Union financing, to be adopted by the Commission by means of delegated acts pursuant to Article 36c. 3. The aid referred to in paragraph 1(a) shall be determined for each producer group on the basis of its marketed production and shall amount, for the first, second, third, fourth and fifth years, to: (a) 10 %, 10 %, 8 %, 6 % and 4 % respectively of the value of marketed production in the Member States which acceded to the European Union on 1 May 2004 or thereafter; and (b) 5 %, 5 %, 4 %, 3 % and 2 % respectively of the value of the marketed production in the outermost regions of the Union referred to in Article 349 of the Treaty or the smaller Aegean islands referred to in Article 1(2) of Regulation (EC) No 1405/20061. Those percentage rates may be reduced in relation to the value of marketed production which exceeds a threshold. A ceiling may be applied to the aid payable in any given year to a producer group. ________________ 1 OJ L 265, 26.9.2006, p. 1.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz WOJCIECHOWSKI

Proposal for a regulation
Article 36 b (new)

Article 36b Producer groups in the fruit and vegetables sector 1. In Member States which acceded to the European Union on 1 May 2004 or thereafter, or in the outermost regions of the Union as referred to in Article 349(2) of the Treaty, or in the smaller Aegean Islands as referred to in Article 1(2) of Regulation (EC) No 1405/2006, producer groups may be formed as a legal entity or clearly defined part of a legal entity, on the initiative of farmers who are growers of one or more products of the fruit and vegetables sector and/or of such products solely intended for processing, with a view to being recognised as a producer organisation. Such producer groups may be allowed a transitional period in which to meet the conditions for recognition as a producer organisation in accordance with Article 106. In order to qualify, those producer groups shall present a phased recognition plan to the relevant Member State, acceptance of which shall signal the start of the transitional period referred to in the second subparagraph and shall constitute a preliminary recognition. The transitional period shall be no more than five years long. 2. Before acceptance of the recognition plan, Member States shall inform the Commission of their intentions and the likely financial implications thereof.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz WOJCIECHOWSKI

Proposal for a regulation
Article 36 c (new)

Article 36c Delegated powers In order to ensure an efficient and targeted use of support to producer groups in the fruit and vegetables sector, the Commission shall, by means of delegated acts, adopt rules on: (a) the thresholds and ceilings for aid and the degree of Union, Member State and beneficiary co-financing; (b) the basis for the calculation of the aid and value of the marketed production of a producer group; (c) the additional conditions relating to aid for investment; (d) the continuation of aid in the event of producer groups joining together.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz WOJCIECHOWSKI

Proposal for a regulation
Article 36 d (new)

Article 36d Implementing powers The Commission may, by means of implementing acts, adopt all necessary measures related to this subsection regarding: (a) the submission, content and approval of recognition plans; (b) aid applications, including payments of aid; (c) the implementation of recognition plans and changes to these plans; (d) the consequences that recognition has on aid payments.

2012/07/20
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 49 – paragraph 3

3. The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes ~~to avoid~~in a way that does not distort~~ion of~~ competition.

2012/07/23
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz WOJCIECHOWSKI

Proposal for a regulation
Article 49 – paragraph 3 b (new)

3b. In order to prevent dual support being granted for distillation, the alcohol referred to in paragraph 3 shall not be subject to the preference referred to in Article 21(2) of Directive 2009/28/EC concerning biofuels produced from wastes and their contribution towards attaining the final consumption rate for energy from renewable sources in transport being considered to be twice that made by other biofuels.

2012/07/23
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz WOJCIECHOWSKI

Proposal for a regulation
Article 52 – paragraph 2

2. The Union contribution to the apiculture programmes shall ~~not exceed~~be equivalent to 50 % of the expenditure borne by Member States.

2012/07/23
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 k (new)

Article 103k Section IV Definitions 1. For the purposes of this section: (a) “milk” means the produce of the milking of one or more cows; (b) “other milk products” means any milk product other than milk, in particular skimmed milk, cream, butter, yoghurt and cheese, which, when relevant, shall be converted into “milk equivalents” by applying coefficients to be fixed by the Commission by means of implementing acts; (c) “producer” means a farmer with a holding located within the geographical territory of a Member State who produces and markets milk or who is preparing to do so in the very near future; (d) “holding” means a holding as defined in Article 4(b) of COM(2011)0625/3; (e) "purchaser" means undertakings or groups which buy milk from producers: – to subject it to collecting, packing, storing, chilling or processing, including under contract, – to sell it to one or more undertakings treating or processing milk or other milk products; (f) “delivery” means any delivery of milk, not including any other milk products, by a producer to a purchaser, whether the transport is carried out by the producer, a purchaser, an undertaking processing or treating such products or a third party; (g) “direct sale” means any sale or transfer of milk by a producer directly to consumers, as well as any sale or transfer of other milk products by a producer; (h) “marketing” means deliveries of milk or direct sales of milk or other milk products; (i) "individual quota" means a producer's quota at 1 April of any twelve-month period; (j) "national quota" means the quota referred to in Article 105c, fixed for each Member State; (k) “available quota” means the quota available to producers on 31 March of the twelve-month period for which the surplus levy is calculated, taking account of all transfers, sales, conversions and temporary re-allocations provided for in this Regulation which have taken place during that twelve-month period. 2. As regards the definition given in point (e) of paragraph 1, any group of purchasers in the same geographical area which carries out the administrative and accounting operations necessary for the payment of the surplus levy on behalf of its members shall be regarded as a purchaser. For that purpose, Greece shall be considered a single geographical area and it may deem an official body to be a group of purchasers. 3. In order to ensure, in particular, that no quantity of marketed milk or other milk products is excluded from the quota arrangements, the Commission may, while respecting the definition of “delivery” given in point (f) of paragraph 1, adjust the definition of “direct sale” by means of delegated acts pursuant to Article 105x(c).

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 l (new)

Article 103l Subsection II National quotas 1. The national quotas for the production of milk and other milk products marketed during seven consecutive periods of twelve months commencing on 1 April 2014 (hereinafter referred to as “twelve-month periods”) are fixed in Annex VIIa. 2. The quotas referred to in paragraph 1 shall be divided between producers in accordance with Article 105d, distinguishing between deliveries and direct sales. Any overrun of the national quotas shall be determined nationally in each Member State, in accordance with this Section and making a distinction between deliveries and direct sales. 3. The national quotas set out in of Annex VIIa shall be fixed without prejudice to possible review in the light of the general market situation and particular conditions existing in certain Member States. 4. The Commission shall, by means of implementing acts, adopt all rules necessary for uniform implementation of this Article in Member States. Those rules may relate to procedures, notifications and technical criteria.

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 m (new)

Article 103m Individual quotas 1. The producers' individual quota or quotas at 1 April 2014 shall be equal to their individual quotas at 31 March 2014 without prejudice to transfers, sales and conversions of quota that take effect on 1 April 2014. 2. Producers may have either one or two individual quotas, one for deliveries and the other for direct sales. A producer's quantities may be converted from one quota to the other only by the competent authority of the Member State, at the duly justified request of the producer. 3. Where a producer has two quotas, his contribution to any surplus levy due shall be calculated separately for each. 4. Individual quotas shall be modified, where appropriate, for each of the twelve- month periods concerned, so that, for each Member State, the sum of the individual quotas for the deliveries and that for the direct sales does not exceed the corresponding part of the national quota adapted in accordance with Article 105f, taking account of any reductions made for allocation to the national reserve as provided for in Article 105h.

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 m (new)

Article 103m Allocation of quotas from the national reserve Member States shall adopt rules allowing the allocation to producers of all or part of the quotas from the national reserve provided for in Article 105h on the basis of objective criteria to be notified to the Commission.

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 o (new)

Article 103o Management of quotas 1. The Commission shall adapt, by means of implementing acts pursuant to Article 105y(a), for each Member State and for each period, before the end of that period, the division between “deliveries” and “direct sales” of national quotas, in the light of the conversions requested by producers, between individual quotas for deliveries and for direct sales. 2. Member States shall each year forward to the Commission, by dates to be fixed by the Commission, by means of implementing acts and in accordance with rules to be fixed by the Commission, by means of implementing acts pursuant to Article 157(3), the information necessary to: (a) make the adaptation referred to in paragraph 1 of this Article; (b) calculate the surplus levy to be paid by them. 3. Rules for the application of this Article shall be adopted by means of implementing acts in accordance with Article 105y(g).

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 p (new)

Article 103p Fat content 1. Each producer shall be assigned a reference fat content, to be applied to the individual quota for deliveries allocated to that producer. 2. For the quotas allocated to producers on 31 March 2014 in accordance with Article 105c(1), the reference fat content referred to in paragraph 1 shall be the same as the reference fat content applied to that quota at that date. 3. The reference fat content shall be altered during the conversion referred to in Article 105c(2) and where quotas are acquired, transferred or temporarily transferred in accordance with rules to be established by the Commission by means of implementing acts pursuant to Article 105y(b). 4. For new producers having an individual quota for deliveries allocated entirely from the national reserve, the fat content shall be fixed in accordance with rules to be established by the Commission by means of implementing acts pursuant to Article 105y(b). 5. The individual reference fat content referred to in paragraph 1 shall be adjusted, where appropriate, upon the entry into force of this Regulation and thereafter, at the beginning of each twelve-month period as necessary, so that, for each Member State, the weighted average of the individual representative fat contents does not exceed by more than 0.1 gram per kg the reference fat content set in Annex VIIb.

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 q (new)

Article 103q National reserve 1. Each Member State shall set up a national reserve as part of the national quotas fixed in Annex VIIb, in particular with a view to making the allocations provided for in Article 105e. The national reserve shall be replenished, as appropriate, by withdrawing some quantities as provided for in Article 105i, retaining part of transfers as provided for in Article 105m, or by making an across- the-board reduction in all individual quotas. The quotas in question shall retain their original purpose, i.e. deliveries or direct sales. 2. Any additional quota allocated to a Member State shall automatically be placed in the national reserve and divided into deliveries and direct sales according to foreseeable needs. 3. The quotas placed in the national reserve shall not have a reference fat content.

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 r (new)

Article 103r Cases of inactivity 1. When a natural or legal person holding individual quotas no longer meets the conditions referred to in point (c) of Article 105b(1) during a twelve-month period, the corresponding quantities shall revert to the national reserve no later than 1 April of the following calendar year, unless that person becomes once again a producer within the meaning of point (c) of Article 105b(1) before that date. Where that person becomes once again a producer not later than the end of the second twelve-month period following withdrawal, all or part of the individual quota which had been withdrawn shall revert to that person no later than 1 April following the date of application. 2. Where producers do not market a quantity equal to at least 85 % of their individual quota during at least one twelve-month period, Member States may decide whether and on what conditions all or part of the unused quota shall revert to the national reserve. Member States may determine on what conditions a quota shall be re-allocated to the producer concerned should he resume marketing. 3. Paragraphs 1 and 2 shall not apply in cases of force majeure and in duly justified cases temporarily affecting the production capacity of the producers concerned and recognised by the competent authority.

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Elżbieta Katarzyna ŁUKACIJEWSKA, Artur ZASADA

Proposal for a regulation
Article 103 s (new)

Article 103s Temporary transfers 1. By the end of each twelve-month period, Member States shall authorise, for the period concerned, any temporary transfers of part of individual quotas which the producers who are entitled thereto do not intend to use. Member States may regulate transfer operations according to the categories of producers or milk production structures concerned, may limit them to the level of the purchaser or within regions, authorise complete transfers in the cases referred to in Article 105i(3) and determine to what extent the transferor can repeat transfer operations. 2. Any Member State may decide not to implement paragraph 1 on the basis of one or both of the following criteria: (a) the need to facilitate structural changes and adjustments; (b) overriding administrative needs.

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Elżbieta Katarzyna ŁUKACIJEWSKA, Artur ZASADA

Proposal for a regulation
Article 103 t (new)

Article 103t Transfers of quotas together with land 1. Individual quotas shall be transferred with the holding to the producers taking it over when it is sold, leased, transferred by actual or anticipated inheritance or any other means involving comparable legal effects for the producers, in accordance with detailed rules to be determined by the Member States, taking account of the areas used for dairy production or other objective criteria and, where applicable, of any agreement between the parties. The part of the quota which, where applicable, has not been transferred with the holding shall be added to the national reserve. 2. Where quotas have been or are transferred in accordance with paragraph 1 by means of 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 attributed solely to producers, that the quota shall not be transferred with the holding. 3. Where land is transferred to the public authorities and/or for use in the public interest, or where the transfer is carried out for non-agricultural purposes, Member States shall ensure that the necessary measures are taken to protect the legitimate interests of the parties, and in particular, that producers giving up such land are in a position to continue milk production if they so wish. 4. Where there is no agreement between the parties, in the case of tenancies due to expire without any possibility of renewal on similar terms, or in situations involving comparable legal effects, the individual quotas in question shall be transferred in whole or in part to the producer taking them over, in accordance with provisions adopted by the Member States, taking account of the legitimate interests of the parties.

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz WOJCIECHOWSKI

Proposal for a regulation
Article 103 u (new)

Article 103u Special transfer measures 1. With a view to successfully restructuring milk production or improving the environment, Member States may, in accordance with detailed rules which they shall lay down, taking account of the legitimate interests of the parties concerned: (a) grant compensation in one or more annual instalments to producers who undertake to abandon permanently all or part of their milk production and place the individual quotas thus released in the national reserve; (b) determine on the basis of objective criteria the conditions on which producers may obtain, in return for payment, at the beginning of a twelve-month period, the re-allocation by the competent authority or a body designated by that authority of individual quotas released definitively at the end of the preceding twelve-month period by other producers in return for compensation in one or more annual instalments equal to the abovementioned payment; (c) centralise and supervise transfers of quotas without land; (d) provide, in the case of land transferred with a view to improving the environment, for the individual quota concerned to be allocated to a producer giving up the land but wishing to continue milk production; (e) determine, on the basis of objective criteria, the regions or collection areas within which the permanent transfer of quotas without transfer of the corresponding land is authorised, with the aim of improving the structure of milk production; (f) authorise, upon application by a producer to the competent authority or a body designated by that authority, the definitive transfer of quotas without transfer of the corresponding land, or vice versa, with the aim of improving the structure of milk production at the level of the holding or to allow for extensification of production. 2. Paragraph 1 may be implemented at national level, at the appropriate territorial level or in specified collection areas.

2012/07/24
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 v (new)

Article 103v Retention of quotas 1. In the case of transfers as referred to in Articles 105k and 105l, Member States may, on the basis of objective criteria, retain part of the individual quotas for their national reserve. 2. Where quotas have been or are transferred in accordance with Articles 105k and 105l with or without the corresponding land by means of 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 attributed solely to producers, whether and under which conditions all or part of the transferred quota shall revert to the national reserve.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Elżbieta Katarzyna ŁUKACIJEWSKA, Artur ZASADA

Proposal for a regulation
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.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 x (new)

Article 103x Subsection III Quota overrun Surplus levy 1. A surplus levy shall be payable on milk and other milk products marketed in excess of the national quota as established in accordance with Subsection II. The levy shall be set, per 100 kilograms of milk, at EUR 27.83. 2. Member States shall be liable to the Union for the surplus levy resulting from overruns of the national quota, 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. The difference between the amount of the surplus levy resulting from the application of paragraph 2 and that resulting from the application of the first subparagraph of paragraph 1 shall be used by the Member State for financing restructuring measures in the dairy sector. 4. If the surplus levy provided for in paragraph 1 has not been paid before the due date and after consultation of the Committee on the Agricultural Funds established by COM(2011)0628/2, the Commission shall deduct a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Articles 17 and 18(2) of COM(2011)0628/2. Before taking its decision, the Commission shall warn the Member State concerned, which shall make its position known within one week.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 y (new)

Article 103y Contribution of producers to the surplus levy due The surplus levy shall be entirely allocated, in accordance with Articles 105r and 105u, among the producers who have contributed to each of the overruns of the national quotas referred to in Article 105c(2). Without prejudice to Articles 105r(2) and 105u(1), producers shall be liable vis-à-vis the Member State for payment of their contribution to the surplus levy due, calculated in accordance with Articles 105f, 105g and 105r, for the mere fact of having overrun their available quotas.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Elżbieta Katarzyna ŁUKACIJEWSKA, Artur ZASADA

Proposal for a regulation
Article 103 z (new)

Article 103z Surplus levy on deliveries 1. In order to draw up the definitive surplus levy statement, the quantities delivered by each producer shall be increased or reduced to reflect any difference between the real fat content and the reference fat content. At national level, the surplus levy shall be calculated on the basis of the sum of the deliveries, adjusted in accordance with the first subparagraph. 2. Each producer’s contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to deliveries has or has not been re-allocated, in proportion to the individual quotas of each producer or according to objective criteria to be set by the Member States: (a) either at national level on the basis of the amount by which each producer’s quota has been exceeded; (b) or firstly at the level of the purchaser and thereafter at national level where appropriate. Where the third subparagraph of Article 105o(1) applies, Member States, in establishing each producer’s contribution to the amount of levy payable due to the application of the higher rate referred to in that subparagraph, shall ensure that this amount is contributed proportionately by the producers responsible according to objective criteria to be set by the Member State.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 aa (new)

Article 103aa Role of purchasers 1. Purchasers shall be responsible for collecting from producers contributions due from the latter by virtue of the surplus levy and shall pay to the competent body of the Member State, before a date and following a procedure to be laid down by the Commission, by means of implementing acts pursuant to Article 105y(d), (f) and (g), the amount of these contributions deducted from the price of the milk paid to the producers responsible for the overrun or, failing this, collected by any other appropriate means. 2. Where a purchaser fully or partially replaces one or more other purchasers, the individual quotas available to the producers shall be taken into account for the remainder of the twelve-month period in progress, after deduction of quantities already delivered and account being taken of their fat content. This paragraph shall also apply where a producer transfers from one purchaser to another. 3. Where, 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 price of the milk 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 laid down by the Member State. The Member State may make specific arrangements to enable purchasers to deduct this advance where producers deliver to several purchasers.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Elżbieta Katarzyna ŁUKACIJEWSKA, Artur ZASADA

Proposal for a regulation
Article 103 ab (new)

Article 103ab Approval Purchaser status shall be subject to prior approval by the Member State in accordance with criteria to be laid down by the Commission, by means of delegated acts pursuant to Article 105x(f), and in accordance with the procedure laid down, by means of implementing acts, pursuant to Article 105y(i).

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 ac (new)

Article 103ac Surplus levy on direct sales 1. In the case of direct sales, each producer’s contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to direct sales has or has not been reallocated, at the appropriate territorial level or at national level. 2. Member States shall establish the basis of calculation of the producer’s contribution to the surplus levy due on the total quantity of milk sold, transferred or used to manufacture the milk products sold or transferred by applying criteria fixed by the Commission by means of delegated acts pursuant to Article 105x(b). 3. No correction linked to fat content shall be taken into account for the purpose of drawing up the definitive surplus levy statement. 4. By means of implementing acts pursuant to Article 105y(d) and (f), the Commission shall establish how and when the surplus levy must be paid to the relevant Member State authority.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Elżbieta Katarzyna ŁUKACIJEWSKA, Artur ZASADA

Proposal for a regulation
Article 103 ad (new)

Article 103ad Amounts paid in excess or unpaid 1. Where, in the case of deliveries or direct sales, the surplus levy is found to be payable and the contribution collected from producers is greater than that levy, the Member State may: (a) use partially or totally the excess to finance the measures in point (a) of Article 105l(1), and/or (b) redistribute it partially or totally to producers who: (i) fall within priority categories established by the Member State on the basis of objective criteria and within the period to be laid down by the Commission by means of delegated acts pursuant to Article 105x(g), or (ii) are affected by an exceptional situation resulting from a national rule unconnected with the quota system for milk and other milk products set up by this chapter. 2. Where it is established that no surplus levy is payable, any advances collected by purchasers or the Member State shall be reimbursed no later than the end of the following 12-month period. 3. Where a purchaser does not meet the obligation to collect the producers’ contribution to the surplus levy in accordance with Article 74, the Member State may collect unpaid amounts directly from the producer, without prejudice to any penalties it may impose upon the defaulting purchaser. 4. Where a producer or a purchaser fails to comply with the time limit for payment, interest on arrears shall be paid to the Member State. By means of implementing acts pursuant to Article 105y(e), the Commission shall establish the interest that shall apply.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 ae (new)

Article 103ae Subsection IV Procedural provisions Delegated powers In order to ensure that the milk quota system achieves its objective, in particular the efficient utilisation of individual quota and the sound calculation, collection and utilisation of the levy, the Commission shall, by means of delegated acts, adopt rules as regards: (a) temporary and definitive conversions of quota; (b) the conditions governing marketed milk and dairy products that need to be taken into account for the purposes of calculating the surplus levy; (c) the reallocation of unused quota; (d) adjusting a fat content correction; (e) producers’ obligations to deliver to approved purchasers; (f) the criteria for Member State approval of purchasers; (g) the objective criteria for the redistribution of the excess levy; (h) the adjustment of the definition of ‘direct sale’, taking into account the definition of ‘delivery’ given in Article 105b(1)(f).

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 103 af (new)

Article 103af Implementing powers By means of implementing acts, the Commission shall adopt any rules necessary to implement milk quotas, including: (a) definitive conversions of quota and division of national quota between deliveries and direct sales on the basis of Member State notifications; (b) the establishment of coefficient for the individual quota fat content, fat content correction and recording of overrun of the national quota fat content; (c) the establishment by Member States of milk equivalences; (d) the procedure, time limit and the operative event for the applicable exchange rate regarding payment of the levy and for redistributing the excess levy, reduction of advances in cases where time limits fail to be respected; (e) applicable interest rates in cases of late payment, correct charge of the levy and use of the 1% levy non-payable to the EAGF; (f) informing producers of new definitions, communication of individual quota and notification of the levy; (g) communication of information on the application of arrangements for the levy in the milk sector; (h) the drawing-up of a statement of deliveries and declarations of direct sales; (i) the declarations that need to be made, the records that need to be kept and the information that must be provided by purchasers and producers; (j) checks on deliveries and direct sales.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 118 – paragraph 1 – introductory part

1. Taking into account the ~~evolution of trade and market developments, the needs of the markets concerned and the monitoring of imports and exports of the products concerned~~need to monitor imports of products, the need for sound market management and the need to reduce the administrative burden, the Commission shall be empowered to adopt in accordance with Article 160 delegated acts, to determine:

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Elżbieta Katarzyna ŁUKACIJEWSKA, Artur ZASADA

Proposal for a regulation
Article 135 - paragraph 2 a (new)

2a. In exceptional and duly justified cases where cereal grains are concerned, the Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), differentiate the level of export refunds for Member States.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 152 – paragraph 2

Member States may finance those payments from the national budget, by means of a levy on the sector concerned or by any other contribution from the private sector.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 152 – paragraph 3

Member States may, in addition to Union aid provided for in Article 21, make national payments for financing accompanying measures necessary to make the Union scheme for the supply of fruit and vegetable, processed fruit and vegetable and banana products effective, as provided for in Article 21(2). The total amount of co-financing shall not exceed 100% of the costs actually incurred.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 155 – paragraph 5 – subparagraph 1

The Union shall provide part-financing equivalent to 560 % of the expenditure borne by Member States for the measures provided for in paragraph 1.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Artur ZASADA, Czesław Adam SIEKIERSKI, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Article 155 – paragraph 5 – subparagraph 2

However, with regard to the beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors, the Union shall provide part-financing equivalent to 670 % of such expenditure when combating foot-and-mouth disease.

2012/07/25
Committee: AGRI

Jarosław KALINOWSKI, Czesław Adam SIEKIERSKI, Artur ZASADA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Annex II – Part IV – point 2

2. ‘adult bovine animals’ means bovine animals aged 812 months or more.

2012/07/25
Committee: AGRI

51 Amendments of Jarosław KALINOWSKI related to 2011/0281(COD)

ParlTrack - 2011-2024