85 Amendments of Luís Paulo ALVES related to 2011/0281(COD)
Amendment 1 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Commission's proposals should provide for a reform of the common agricultural policy, which is essential to the preservation of European agriculture and rural territories.
Amendment 2 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) The Commission should consider upstream regulation of the markets, taking into account agricultural activity in the various EU territories.
Amendment 3 #
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) It is vital to redress the balance of power within the food production chain in favour of producers.
Amendment 4 #
Proposal for a regulation
Recital 1 d (new)
Recital 1 d (new)
(1d) The EU’s commercial policy should take into account agricultural activity in the different territories of the Union.
Amendment 6 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Account should be taken of the objectives set out by the European Commission for the future Common Agricultural Policy in the area of the sustainable management of natural resources, food security, agricultural activity across Europe, balanced regional development, the competitiveness of European farming and the simplification of the CAP.
Amendment 7 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The Common Agricultural Policy, as provided for under the Treaty on the Functioning of the European Union, must enable the rural population to enjoy a fair standard of living that is comparable with that of the general population. This objective should be supported by market stabilisation measures to ensure regular prices for producers, while at the same time guaranteeing reasonable prices for consumers.
Amendment 8 #
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) The Commission’s proposal should take into account the competitiveness of small and medium-scale holdings, areas with natural constraints and island regions, and certain vulnerable products.
Amendment 9 #
Proposal for a regulation
Recital 5 d (new)
Recital 5 d (new)
(5d) It is especially important for farmers that the administrative rules for implementing the Common Agricultural Policy be simplified, without this simplification being reflected in an excessive standardisation of the criteria which could fail to take specific local and regional features into account.
Amendment 10 #
Proposal for a regulation
Recital 14
Recital 14
(14) As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of intervention should be available during certain periods of the year and should be open during that period, whenever its activation is clearly needed, be available and open either on a permanent basis or should be opened depending on market prices.
Amendment 11 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The Commission is asked, when the results of the new impact assessments are known, to agree to reconsider its proposal to end the various quota and production rights systems (for sugar, milk and vine plantation rights), particularly as regards less-favoured areas, specifically mountain areas.
Amendment 12 #
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) The Commission is asked to safeguard Community Preference Mechanisms and to focus on intervention and storage mechanisms (public and private).
Amendment 13 #
Proposal for a regulation
Recital 14 c (new)
Recital 14 c (new)
(14c) The European Globalisation Adjustment Fund is unable to adequately respond to the impact of trade agreements on the agricultural sector; such responses and the corresponding budget allocations should be transferred within the scope of the common agricultural policy and its respective budget.
Amendment 20 #
Proposal for a regulation
Recital 84 a (new)
Recital 84 a (new)
(84a) In order to take into account the specificities of the sugar sector, the Commission should ensure a fair balance of rights and obligations between the producers in the Union sugar sector such as to provide all stakeholders with equitable access conditions to raw materials.
Amendment 23 #
Proposal for a regulation
Recital 91 a (new)
Recital 91 a (new)
(91a) To enable producers to secure a fair share of the income distributed along the food supply chain, Union policies also need to cover the contractual relations established between producers and processors and the distribution stage, encompassing all of the chain’s contractual relations within a comprehensive approach in order to make a fair share-out an attainable objective.
Amendment 24 #
Proposal for a regulation
Recital 146
Recital 146
(146) Pursuant to Regulation (EU) No [COM(2010)799] several sectoral measures, including on milk quotas, sugar quotas and other The abolition of several quota and production rights systems (sugar, measures and the restrictions on the planting of vines, as well as certain state aids, will expire within a reasonable period following the entry in force of this Regulation. After the repeal of Regulation (EU) No [COM(2010)799], the relevant provisions should cilk, and vine planting rights) needs to be assessed in detail, taking into account the specific situation obtaining in each of the sectors concerned and its impact within the Uniont inue to apply until the end of the schemes concerned sectoral and territorial terms.
Amendment 25 #
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 38 #
Proposal for a regulation
Article 48 – paragraph 4 – point a
Article 48 – paragraph 4 – point a
(a) 560 % in less developed regions;
Amendment 39 #
Proposal for a regulation
Article 48 – paragraph 4 – point b
Article 48 – paragraph 4 – point b
(b) 450 % in regions other than the less developed regions;
Amendment 40 #
Proposal for a regulation
Article 48 – paragraph 4 – point c
Article 48 – paragraph 4 – point c
(c) 785 % in the outermost regions referred to in Article 349 of the Treaty;
Amendment 41 #
Proposal for a regulation
Article 48 – paragraph 4 – point d
Article 48 – paragraph 4 – point d
(d) 675 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006.
Amendment 43 #
Proposal for a regulation
Part 2 – title 2 – chapter 2 – section 1 A (new)
Part 2 – title 2 – chapter 2 – section 1 A (new)
Based on the results of the impact assessments expected on 31 December 2012 concerning the end of the milk quota system and the removal of planting rights in viticulture, the Commission will submit a proposal prior to 30 June 2013 on the continuation or review of the procedures aimed at bringing an end to quotas and planting rights for the milk, viticulture and beet sectors.
Amendment 44 #
Proposal for a regulation
Article 105 – paragraph 2 – point e a (new)
Article 105 – paragraph 2 – point e a (new)
(ea) 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 paragraph 3 of Article 105h, 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.
Amendment 45 #
Proposal for a regulation
Article 105 – paragraph 2 – point e j (new)
Article 105 – paragraph 2 – point e j (new)
Amendment 46 #
Proposal for a regulation
Article 105 – paragraph 2 – point e k (new)
Article 105 – paragraph 2 – point e k (new)
(ek) 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 re-allocated, 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 160. 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 105v, the Commission shall establish how and when the surplus levy must be paid to the relevant Member State body.
Amendment 47 #
Proposal for a regulation
Article 105 – paragraph 2 – point e l (new)
Article 105 – paragraph 2 – point e l (new)
Amendment 48 #
Proposal for a regulation
Article 105 – paragraph 2 – point e m (new)
Article 105 – paragraph 2 – point e m (new)
(em) Delegated powers In order to ensure that the milk quota system meets its objectives, particularly in terms of the calculation and efficient use of individual quotas, and the collection and use of the surplus levy, the Commission may, by means of delegated acts in accordance with Article 42, adopt rules concerning: (a) the temporary and definitive conversion of quotas; (b) the use of unused quotas; (c) the fat content correction factor limit; (d) producers’ obligation to deliver to an authorised purchaser; (e) the criteria for the authorisation of purchasers by Member States; (f) the objective criteria for redistributing the excess charge; (g) changes in the definition of ‘direct sales’, taking into account the definition of ‘deliveries’ established in paragraph f of Article 105a.
Amendment 49 #
Proposal for a regulation
Article 105 – paragraph 2 – point e n (new)
Article 105 – paragraph 2 – point e n (new)
Amendment 50 #
Proposal for a regulation
Article 105 – paragraph 2 – point e b (new)
Article 105 – paragraph 2 – point e b (new)
(eb) Transfers of quotas together with land 1. The 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.
Amendment 51 #
Proposal for a regulation
Article 105 – paragraph 2 – point e c (new)
Article 105 – paragraph 2 – point e c (new)
(ec) 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.
Amendment 52 #
Proposal for a regulation
Article 105 – paragraph 2 – point e d (new)
Article 105 – paragraph 2 – point e d (new)
(ed) Retention of quotas 1. In the case of transfers as referred to in Articles 105j and 105k 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 105j and 105k 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.
Amendment 53 #
Proposal for a regulation
Article 105 – paragraph 2 – point e e (new)
Article 105 – paragraph 2 – point e e (new)
(ee) 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 54 #
Proposal for a regulation
Article 105 – paragraph 2 – point e f (new)
Article 105 – paragraph 2 – point e f (new)
(ef) 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 105(a) to 105(m). The levy shall be EUR 27.83 per 100 kilograms of milk. 2. Member States shall be liable to the Community 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. If the surplus levy provided for in paragraph 1 has not been paid before the due date and after consultation of the Committee of the Agricultural Funds, the Commission shall deduct a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Articles XXX of Regulation (EC) XXX (‘Horizontal Regulation’). Before taking its decision, the Commission shall warn the Member State concerned, which shall make its position known within one week. Article XXX of Regulation (EC) No XXX (‘Horizontal Regulation’) shall not apply. 4. The Commission may establish, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), rules on the following:
Amendment 55 #
Proposal for a regulation
Article 105 – paragraph 2 – point e g (new)
Article 105 – paragraph 2 – point e g (new)
(eg) Contribution of producers to the surplus levy due The surplus levy shall be entirely allocated, in accordance with Articles 105(p) and 105(s), among the producers who have contributed to each of the overruns of the national quotas referred to in Article 105(2) Without prejudice to Articles 105(p) and 105(s)(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 105(e), 105(f) and 105(p), for the mere fact of having overrun their available quotas.
Amendment 56 #
Proposal for a regulation
Article 105 – paragraph 2 – point e h (new)
Article 105 – paragraph 2 – point e h (new)
(eh) 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 the sum of the deliveries, adjusted in accordance with the first subparagraph. 3. 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; or (b) initially at purchaser level and thereafter at national level, where appropriate.
Amendment 57 #
Proposal for a regulation
Article 105 – paragraph 2 – point e i (new)
Article 105 – paragraph 2 – point e i (new)
(ei) 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 adopted pursuant to Article 162(2), 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.
Amendment 58 #
Proposal for a regulation
Article 105 – paragraph 2 – point e – indent 1 (new)
Article 105 – paragraph 2 – point e – indent 1 (new)
– SUBSECTION 1 (NEW) PRODUCT CONTROL SYSTEM
Amendment 59 #
Proposal for a regulation
Article 105 a (new)
Article 105 a (new)
Article 105a For the purposes of this Section: (a) ‘milk’ means the product obtained from 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; where appropriate, these products shall be converted into ‘milk equivalents’ by applying factors to be determined by the Commission; (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 of Regulation (EU) No XXX on direct payments; (e) ‘purchaser’ means an undertaking or group which busy milk from producers in order to: – collect, pack, store, chill, or process it, including under contract, – sell it to one or more undertakings treating or processing milk or other milk products. However, 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 the purposes of the first sentence of this subparagraph, Greece shall be considered a single geographical area and it may deem an official body to be a group of purchasers; (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. The Commission may, in accordance with the procedure referred to in Article 160 and while respecting the definition of ‘delivery’ given in (f) of this Article, adjust the definition of ‘direct sale’ in order to ensure, in particular, that no quantity of milk or other marketed milk products is excluded from the levy arrangements; (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 105(b), 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.
Amendment 60 #
Proposal for a regulation
Article 105 b (new)
Article 105 b (new)
Article 105b National milk 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 2015 (hereinafter referred to as ‘twelve-month periods’) are fixed in Annex VIb (new). 2. The quotas referred to in paragraph 1 shall be divided between producers in accordance with Article 105c, 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 VIb (new) 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. For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the national quotas shall include all milk or milk equivalent delivered to a purchaser or sold directly, irrespective of whether it is produced or marketed under a transitional measure applicable in those countries. 5. The Commission shall establish, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), the rules necessary to guarantee uniform application of this article in the Member States.
Amendment 61 #
Proposal for a regulation
Article 105 c (new)
Article 105 c (new)
Article 105c Individual milk quotas 1. The producers' individual quota or quotas at 1 April 2015 shall be equal to their individual reference quantity or quantities at 31 March 2015 without prejudice to transfers, sales and conversions of quota that take effect on 1 April 2015. 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. The Commission may, by means of implementing acts, raise the portion of the Finnish national quota reserved for the deliveries referred to in Article 105b, in order to compensate Finnish ‘SLOM’ producers, up to a maximum of 200 000 tonnes. This reserve, to be allocated in accordance with Community legislation, must be used exclusively on behalf of producers whose right to take up production again has been affected as a result of accession. 5. 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 105, taking account of any reductions made for allocation to the national reserve as provided for in Article 105.
Amendment 62 #
Proposal for a regulation
Article 105 d (new)
Article 105 d (new)
Article 105d Allocation of quotas from the national reserve The Member States shall adopt rules allowing for allocation to producers of all or part of the quotas from the national reserve provided for in Article 105g on the basis of objective criteria to be notified to the Commission.
Amendment 63 #
Proposal for a regulation
Article 105 e (new)
Article 105 e (new)
Amendment 64 #
Proposal for a regulation
Article 105 f (new)
Article 105 f (new)
Article 105f 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 2015 in accordance with Article 105c, 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 an implementing act pursuant to Article 162(2). 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 an implementing act pursuant to Article 162b. 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 the new Annex VIa.
Amendment 65 #
Proposal for a regulation
Article 105 g (new)
Article 105 g (new)
Article 105g National reserve 1. Each Member State shall establish a national reserve, within the national quotas laid down in the new Annex VIb, for the purposes of allocation under Article 105d. The national reserve shall be made up, depending on the case, of quantities withdrawn under Article 105h, deductions from transfers as referred to in Article 105l, or quotas released by linear reduction in all individual quotas. The quotas in question shall remain assigned to their initial purpose, that is to say, ‘deliveries’ or ‘direct sales’. 2. Additional quotas allocated to a Member State shall be placed automatically in the national reserve and divided into ‘deliveries’ and ‘direct sales’ according to foreseeable needs. 3. Quotas placed in the national reserve shall not have a reference fat content.
Amendment 66 #
Proposal for a regulation
Article 105 h (new)
Article 105 h (new)
Article 105h 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 105a 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.
Amendment 67 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point ii
Article 108 – paragraph 1 – point c – point ii
(ii) helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies, including indices for costs and market trends;
Amendment 68 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi
Article 108 – paragraph 1 – point c – point xi
(xi) carrying out promotion actions, especially in third countries.
Amendment 69 #
Proposal for a regulation
Article 112 – paragraph 1 – introductory part
Article 112 – paragraph 1 – introductory part
Taking into account the need to encourage action by the organisations referred to in Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning all the sectors listed under Article 1(2), the live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors on measures:
Amendment 70 #
Proposal for a regulation
Article 117 – paragraph 3 a (new)
Article 117 – paragraph 3 a (new)
3a. The marketing provisions applicable to EU products, including those adopted in the veterinary, plant health and food product sectors to ensure that products comply with hygiene and health standards and protect human health, plant health and animal health and welfare, as well as environmental protection standards, are also applicable to imported products. Import licenses shall not be issued for products imported by the European Union which do not comply with these provisions.
Amendment 71 #
Proposal for a regulation
Article 131 – paragraph 3 – subparagraph 4 a (new)
Article 131 – paragraph 3 – subparagraph 4 a (new)
Safeguard measures should be adopted, particularly where agricultural products imported from third countries do not guarantee food safety and traceability or meet all health, environmental and animal welfare conditions laid down for the internal market, in situations of crisis on the markets or where breaches of the conditions set in import licences regarding prices, quantities or timeframes are detected. This monitoring of conditions for the import of agricultural products should be carried out under an integrated real-time system for monitoring EU imports.
Amendment 72 #
Proposal for a regulation
Article 144 – paragraph 1 – subparagraph 2
Article 144 – paragraph 1 – subparagraph 2
In particular, Article 101(1) of the Treaty shall not apply to: (a) agreements, decisions and practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 106 of this Regulation, or associations of producer organisations recognised under Article 107 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, and under which there is no obligation to charge identical prices, unless competition is thereby excluded or the objectives of Article 39 of the Treaty are jeopardised;. (b) agreements, decisions and concerted practices carried out in accordance with the provisions of the third and fourth sections of Title II, Chapter II of this Regulation; (c) agreements, decisions and practices intended to set reference levels to ensure that producers are able to meet their costs.
Amendment 75 #
Proposal for a regulation
Article 155 – paragraph 5 – subparagraph 2
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 60 % of such expenditure when combating foot-and-mouth disease and eradicating diseases covered by the programmes approved for each Member State.
Amendment 447 #
Proposal for a regulation
Recital 14
Recital 14
(14) As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of intervention should be available during certain periods of the year and should be open during that period, whenever there is a manifest need to activate it, be available and open either on a permanent basis or should be opened depending on market prices.
Amendment 503 #
Proposal for a regulation
Recital 84 a (new)
Recital 84 a (new)
(84 a) In order to take into account the specificities of the sugar sector, the Commission shall ensure a fair balance of rights and obligations between the producers in the EU sugar sector such as to provide all stakeholders with equitable access conditions to raw materials.
Amendment 523 #
Proposal for a regulation
Recital 91 a (new)
Recital 91 a (new)
(91a) To enable producers to secure a fair share of the income distributed along the food supply chain, Union policies also need to cover the contractual relations established between the processing and distribution stages, encompassing all of the chain’s contractual relations within a comprehensive approach in order to make a fair share-out an attainable objective.
Amendment 584 #
Proposal for a regulation
Recital 143 a (new)
Recital 143 a (new)
(143a) Safeguard measures should be adopted especially when agricultural products imported from third countries do not offer guarantees of food safety and traceability and do not fully comply with the health, environmental, and animal welfare conditions applying to the internal market, when markets are in crisis, or when there is evidence of deviation from the terms of import licences regarding prices, quantities, or schedules. The scrutiny to be brought to bear on the conditions under which agricultural products are imported should be provided in the form of an integrated real-time monitoring system for imports into the EU.
Amendment 591 #
Proposal for a regulation
Recital 146
Recital 146
(146) Pursuant to Regulation (EU) No [COM(2010)799] several sectoral measures, including on milk quotas, sugar quotas and other The abolition of several quota and production rights systems (sugar, measures and the restrictions on the planting of vines, as well as certain state aids, will expire within a reasonable period following the entry in force of this Regulation. After the repeal of Regulation (EU) No [COM(2010)799], the relevant provisions should cilk, and vine planting rights) needs to be assessed in detail, taking into account the specific situation obtaining in each of the sectors concerned and its impact within the Uniont inue to apply until the end of the schemes concerned sectoral and territorial terms.
Amendment 600 #
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 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 1177 #
Proposal for a regulation
Article 48 – paragraph 4 – point a
Article 48 – paragraph 4 – point a
(a) 560% in less developed regions;
Amendment 1179 #
Proposal for a regulation
Article 48 – paragraph 4 – point b
Article 48 – paragraph 4 – point b
(b) 450% in regions other than less developed regions;
Amendment 1180 #
Proposal for a regulation
Article 48 – paragraph 4 – point c
Article 48 – paragraph 4 – point c
(c) 785% in the outermost regions referred to in Article 349 of the Treaty;
Amendment 1181 #
Proposal for a regulation
Article 48 – paragraph 4 – point d
Article 48 – paragraph 4 – point d
(d) 675% in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006.
Amendment 1487 #
Proposal for a regulation
Part II – Title II – Chapter II – Section 1 – paragraph 1 (new)
Part II – Title II – Chapter II – Section 1 – paragraph 1 (new)
On the basis of the findings of the impact assessments, due to be carried out by 31 December 2012, on the milk quota system and the abolition of planting rights in the wine sector, the Commission shall, no later than 30 June 2013, submit a proposal on the continuation or revision of the processes for ending quotas and planting rights in the milk, wine, and sugar beet sectors.
Amendment 1517 #
Proposal for a regulation
Article 103 k (new)
Article 103 k (new)
Amendment 1519 #
Proposal for a regulation
Article 103 l (new)
Article 103 l (new)
Article 103l National quotas in the milk sector 1. The national quotas for the production of milk and other milk products to be marketed in the seven consecutive twelve- month periods commencing on 1 April 2015 (hereinafter ‘twelve-month periods’) are laid down in the new Annex VIb. 2. The quotas referred to in paragraph 1 shall be divided among producers in accordance with Article 105c, distinguishing between deliveries and direct sales. Any overrun of the national quotas shall be determined nationally in each Member State, in accordance with this Subsection, deliveries and direct sales being treated separately for that purpose. 3. The national quotas laid down in the new Annex VIb shall be fixed without prejudice to possible review in the light of the general market situation and particular conditions existing in given Member States. 4. In the cases of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia, and Slovakia, the national quotas shall include all milk or milk equivalent delivered to a purchaser or sold directly, irrespective of whether it is produced or marketed under a transitional measure applicable in those countries. 5. By means of implementing acts adopted by the examination procedure referred to in Article 162(2), the Commission shall lay down the rules necessary to ensure that this Article is implemented uniformly in the Member States.
Amendment 1522 #
Proposal for a regulation
Article 103 m (new)
Article 103 m (new)
Article 103m Individual quotas in the milk sector 1. The quotas of producers at 1 April 2015 shall be equal to their individual reference quantities at 31 March 2015, without prejudice to transfers, sales, and quota conversions that take effect on 1 April 2015. 2. Producers may have 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 concerned, where the producer makes a duly substantiated request to that effect. 3. Where a producer has two quotas, his contribution to any surplus levy due shall be calculated separately for each quota. 4. The Commission may, by means of implementing acts, raise the portion of the Finnish national quota reserved for the deliveries referred to in Article 105b, in order to compensate Finnish ‘SLOM’ producers, up to a maximum of 200 000 tonnes. This reserve, to be allocated in accordance with Union legislation, must be used solely for the benefit of producers whose right to resume production has been affected as a result of accession. 5. Individual quotas shall be altered, where appropriate, for each of the twelve- month periods concerned, so that, for each Member State, the sum of the individual quotas for deliveries and for direct sales does not exceed the corresponding portion of the national quota adapted in accordance with Article 105e, taking into account any reductions made for allocation to the national reserve as provided for in Article 105g.
Amendment 1525 #
Proposal for a regulation
Article 103 n (new)
Article 103 n (new)
Amendment 1528 #
Proposal for a regulation
Article 103 o (new)
Article 103 o (new)
Article 103o Administration of quotas 1. For each Member State and for each period, before the end of the period, the Commission shall, by means of implementing acts in accordance with Article 162(2), adapt the division of national quotas into ‘deliveries’ and ‘direct sales’ in the light of the conversions requested by producers from and into individual quotas for deliveries and for direct sales. 2. Member States shall supply the Commission annually, by dates to be determined by the Commission and in accordance with rules which it shall lay down by means of an implementing act in accordance with Article 162(2), with the data required for: (a) the adaptation referred to in paragraph 1 of this Article; (b) calculation of the surplus levy to be paid by Member States.
Amendment 1531 #
Proposal for a regulation
Article 103 p (new)
Article 103 p (new)
Article 103p Fat content 1. Each producer shall be assigned a reference fat content applicable to the individual quota for deliveries allocated to him. 2. For quotas allocated to producers on 31 March 2015 in accordance with Article 105c(1), the reference fat content referred to in paragraph 1 shall be the same as the reference fat content applicable to those quotas on that date. 3. The reference fat content shall be altered when a conversion is made under Article 105c(2) and where quotas are acquired, transferred, or temporarily transferred in accordance with rules to be laid down by the Commission by means of implementing acts in accordance with Article 162(2). 4. For new producers whose individual quota for deliveries is allocated wholly from the national reserve, the fat content shall be determined in accordance with rules to be laid down by the Commission by means of implementing acts in accordance with Article 162(2). 5. The individual reference fat contents referred to in paragraph 1 shall be adjusted, where appropriate, when this Regulation enters into force and thereafter at the beginning of each twelve- month period as and where necessary to ensure that, for each Member State, the weighted average content is not more than 0.1 gram per kilogram higher than the reference fat content laid down in the new Annex VIa.
Amendment 1534 #
Proposal for a regulation
Article 103 q (new)
Article 103 q (new)
Article 103q National reserve 1. Each Member State shall establish a national reserve, within the national quotas laid down in the new Annex VIb, for the purposes of allocation under Article 105d. The national reserve shall be made up, depending on the case, of quantities withdrawn under Article 105h, deductions from transfers as referred to in Article 105l, or quotas released by linear reduction in all individual quotas. The quotas in question shall remain assigned to their initial purpose, that is to say, ‘deliveries’ or ‘direct sales’. 2. Additional quotas allocated to a Member State shall be placed automatically in the national reserve and divided into deliveries and direct sales according to foreseeable needs. 3. Quotas placed in the national reserve shall not have a reference fat content.
Amendment 1537 #
Proposal for a regulation
Article 103 r (new)
Article 103 r (new)
Article 103r Cases of inactivity 1. Where a natural or legal person holding individual quotas ceases to satisfy the conditions set out in Article 105a(c) 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 the person concerned, before that date, again becomes a producer within the meaning of Article 105a(c). If the person concerned again becomes a producer at the latest by the end of the second twelve- month period following the withdrawal of the quantities, the individual quota withdrawn shall be returned to him, in part or in full, not later than the 1 April following the date of his request. 2. Where a producer fails to market a quantity not less than 85% of his individual quota during at least one twelve-month period, the Member State concerned may decide whether and under what conditions the whole or a portion of the unused quota should be placed in the national reserve. The Member State may determine the conditions under which a quota shall be reassigned to the producer concerned, should he resume marketing. 3. Paragraphs 1 and 2 shall not apply in cases of force majeure and in duly substantiated cases temporarily affecting the production capacity of the producers concerned and recognised as such by the competent authority.
Amendment 1540 #
Proposal for a regulation
Article 103 s (new)
Article 103 s (new)
Article 103s Temporary transfers 1. Before the end of each twelve-month period, Member States shall, for the period concerned, authorise any temporary transfers of portions of individual quotas which the producers entitled to them do not intend to use. Member States may regulate transfer operations according to producer categories or milk production structures, restrict them to purchaser level or within regions, authorise full transfer in the cases referred to in Article 105h(3), and determine the extent to which a transferor may repeat transfer operations. 2. Member States may decide to refrain from implementing paragraph 1 on the basis of either or both of the following criteria: (a) the need to facilitate structural change and adjustment; (b) overriding administrative needs.
Amendment 1543 #
Proposal for a regulation
Article 103 t (new)
Article 103 t (new)
Amendment 1547 #
Proposal for a regulation
Article 103 u (new)
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 into account the legitimate interests of the parties concerned: (a) grant compensation in one or more annual instalments to producers who undertake permanently to abandon 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 under which producers may, at the beginning of a twelve-month period and in return for payment, have individual quotas reallocated to them by the competent authority or a body designated by it where these were 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 above-mentioned payment; (c) centralise and supervise transfers of quotas without land; (d) provide, where land is 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, with a view to improving the milk production structure, permanent transfers of quotas shall be authorised without any corresponding transfer of land; (f) authorise, on application by a producer to the competent authority or a body designated by it, the definitive transfer of quotas without any corresponding transfer of land, or vice versa, with the aim of improving the milk production structure at holding level or extensifying production. 2. Paragraph 1 may be implemented at national level, at the appropriate territorial level, or in specified collection areas.
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 1877 #
Proposal for a regulation
Article 117 – paragraph 3 a (new)
Article 117 – paragraph 3 a (new)
3a. The marketing provisions applicable to Union products, including those adopted in the veterinary, phytosanitary, and food sectors to ensure that products conform to hygiene, human and plant health, and animal welfare standards, and to environmental protection rules, shall likewise apply to imported products. Import licences may not be issued for Union imports not complying with those provisions.
Amendment 2133 #
Proposal for a regulation
Article 158 – paragraph 1 a (new)
Article 158 – paragraph 1 a (new)
On the basis of the findings of the impact assessments, due to be carried out by 31 December 2012, on the milk quota system and the abolition of planting rights in the wine sector, the Commission shall, no later than 30 June 2013, submit a proposal on the continuation or revision of the processes for ending quotas and planting rights in the milk, wine, and sugar beet sectors.