Activities of Michel DANTIN related to 2010/0362(COD)
Plenary speeches (3)
Explanations of vote
Explanations of vote
Contractual relations in the milk and milk products sector (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1234/2007 as regards contractual relations in the milk and milk products sector PDF (331 KB) DOC (532 KB)
Amendments (47)
Amendment 41 #
Proposal for a regulation
Recital 1
Recital 1
(1) Successive reforms of the common market organisation covering milk and milk products, now contained in Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), have been aimed at market-orientation (i.e. letting price signals guide the decisions of farmers in terms of what and how much to produce) so as to strengthen the competitive situation of the dairy sector and its sustainability in the context of globalised trade. By Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/20075 , ("Health Check" reform of 2008-2009) it was therefore decided that it was necessary to increase quotas gradually in order to ensure a smooth transition to the end of the milk quota system in 2015. However, Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 72/2009, provides in Article 184(6) for the Commission to submit reports to Parliament and the Council, by 31 December 2010 and 31 December 2012, on the evolution of the milk market situation and the consequent conditions for smoothly phasing out the milk quota system, backed up by the appropriate proposals.
Amendment 46 #
Proposal for a regulation
Recital 2
Recital 2
(2) In 2007-2009, exceptional developments took place in the milk and milk products sector markets, and had an unprecedented impact on the industry’s activity in Europe. Initially, extreme weather conditions in Oceania brought about a significant decline in supplies, leading to a rapid and significant increase in prices. Yet while world supplies had started their recovery, and prices had started to return to more normal levels, the subsequent financial and economic crisis negatively affected EU dairy producers, aggravating price volatility. Initially feed and other input costs including energy increased significantly as a result of higher commodity prices. Subsequently, a drop in worldwide, as well as EU, demand, including for milk and milk products, whilst EU production was stable led to a collapse in EU prices, down to the lower safety net level. This sharp decline in dairy commodity prices failed to fully translate into lower dairy prices at consumer levels, generating a widening in the gross margin of the downstream sectors for most milk and milk sector products and countries, and. This preventinged demand for them tofrom adjusting to low commodity prices, slowing down price recovery and exacerbating the impact of low prices on milk producers, putting a substantial number of them in an inextricable financial situation.
Amendment 50 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) These exceptional developments have further highlighted the essential role played by producers benefiting from protected designation of origin (PDO) or protected geographical indication (PGI), especially as regards creating added value for producers and the economic good health of rural regions, particularly the most vulnerable ones. To recognise, preserve and develop that role there is a need to authorise for such quality products, in conjunction with the guidelines set out in Article 184(6) of Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 72/2009, the implementation of instruments to regulate supply, thus enabling their producers to make an important contribution to the stability and competitiveness of the European dairy sector.
Amendment 53 #
Proposal for a regulation
Recital 3
Recital 3
(3) In October 2009, in light of this difficult market situation for milkresponse to the alarming situation facing European milk producers, a High Level Expert Group on Milk ("“HLG"”) was set up with the; its purpose ofwas discussing mid- term and long-term arrangements for the milk and milk products sector, given the expiry of dairy quotas in 2015. While respecting the outcome of the Health Check, the HLG was to designed to cushion the adverse effects of the expiry of dairy quotas and work on a regulatory framework to be put in place, to contribute to stabilising the market and producers'’ income and enhance ithe sector’s transparency.
Amendment 60 #
Proposal for a regulation
Recital 4
Recital 4
(4) The HLG obtained oral and written input from major European stakeholder groups in the dairy supply chain representing farmers, dairy processors, dairy traders, retailers and consumers. Furthermore, the HLG received contributions from invited academic experts, third country representatives, National Competition Authorities and the Commission's services. A dairy stakeholder conference was also held on 26 March 2010 which allowinged a wider range of actors in the supply chain to express their views. The HLG delivered its report on 15 June 2010, which contained an analysis of the current situation of the dairy sector and a number of recommendations, which focused on contractual relations, the bargaining power of producers and inter- professional/interbranch organisations, transparency, market measures and futures, marketing standards, origin labelling and innovation and research.
Amendment 61 #
Proposal for a regulation
Recital 5
Recital 5
(5) The HLG also noted that the dairy producing and processing sectors are highly differentiated between Member States. There is alsothus a highly variable situation between operators and types of operators within individual Member States. But concentration of supply is lowdemand is high in manyost cases while that of supply is low, with a resulting imbalance in bargaining power in the supply chain between farmproducers and dairieprocessors. This imbalance can lead to unfair commercial practices; in particular, farmers often do not know what price they will receive for their milk wheupon delivering becausey as the price is often fixed much later by dairies on a basis of the obtained added value, which, for non-cooperatives, is often outside of the farmer'’s control.
Amendment 64 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) For the smooth operation of the whole supply chain there is also a need to consider relations between the processors and distributors, for whom there are similar imbalances because of the extreme concentration of the distribution sector. A system contractualising the whole supply chain, drawing on the provisions of the present regulation, should therefore be set up.
Amendment 67 #
Proposal for a regulation
Recital 6
Recital 6
(6) There is thus a problem of price transmission along the chain, in particular as regards farm-gate prices, the level of which generally does not take account of production costs and their continued increase. Conversely, during 2009, the supply of milk did not reacnaturally adjust to lower demand. Indeed, in some large producer Member States, in reaction to lower prices, farmers produced more than in the previous yea, thus highlighting the need for instruments to regulate the dairy sector. Value-added in the chain has become increasingly concentrated in the downstream sectors, notably with dairies.
Amendment 91 #
Proposal for a regulation
Recital 9
Recital 9
(9) In the absence of EU legislation on such contracts, Member States may, within their own contract law systems, make the use of such contracts compulsory provided that in doing so EU law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the diversity of situations across the EU in this context, in the interests of subsidiarity, such a decision should remain with Member States. However, to ensure appropriate minimum standards for such contracts and good functioning of the internal market and the common market organisation, some basic conditions for the use of such contracts should be laid down at EU level. Since some dairy co- operatives may have rules with similar effect in their statutes, in the interests of simplicity they should then be exempted from a requirement for contracts, or have the option of including them in the rules in their statutes. In order to ensure that any such system is effective where intermediate parties collect milk from farmers to deliver to processors, it should apply equally in such a case.
Amendment 98 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the rational development of production and so to ensure a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened which should result in a fairer distribution of value-added along the supply chain. Therefore, in order to realise these objectives of the common agricultural policy, a provision should be adopted pursuant to Articles 42 and 43(2) TFEU to allow producer organisations constituted by dairy farmers or their associations to negotiate contract terms, including price or price-fixing conditions, jointly for some or all of its members' ’ production with a dairy. In order to maintain effective competition on the dairy market, this possibility should be subject to appropriate quantitative limits. Such producer organisations should therefore also be eligible for recognition under Article 122 of Regulation (EC) No 1234/2007. The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of the conditions for approval of associations of producer organisations.
Amendment 111 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to follow developments in the market, the Commission needs timely information on volumes of raw milk delivered in order to communicate this information, while respecting the commercial confidentiality of each undertaking. Article 192 of Regulation (EC) No 1234/2007 provides a basis for the exchange of information between the Member States and the Commission. However, provision should be made to ensure that processors deliver such information to the Member States on a regular basis. The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of the scope, content, format and timing of such declarations.
Amendment 113 #
Proposal for a regulation
Recital 14
Recital 14
(14) 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, if this is ultimately confirmed) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, anTo guarantee a stable legal framework for the dairy sector, these measures should form part of a long-term perspective. Nevertheless they should be subject to subsequent review to see how they have operated and whether they should continue to apply. Thisbe amended. Finally, this matter should be dealt with in Commission reports on the development of the milk market, and covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 20187.
Amendment 118 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) While the Commission's report of 8 December 2010 ‘Evolution of the market situation and the consequent conditions for smoothly phasing out the milk quota system’ predicts a ‘soft landing’ for Europe's dairy sector, it has emerged that the recognition of inter- branch organisations, and the creation of contractual relations between producers and first purchasers of raw milk, will not be enough on their own. In order to ensure a smooth transition during the period up to 2015, when the milk quota system may expire in all Member States, it is imperative that the Commission propose additional measures.
Amendment 127 #
Proposal for a regulation
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation (EC) 1234/2007
Article 113d a (new)
Article 113d a (new)
Amendment 139 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
(a) are made up of representatives of economic activities linked to the production of, trade in, or processing, processing, marketing and distribution of products of the milk and milk products sector, possibly also with the involvement – in the interest of the effective exercise of their duties – of organisations representing consumers and company employees;
Amendment 153 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint ii a (new)
Article 123 – paragraph 4 – point c – subpoint ii a (new)
Amendment 155 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint iii
Article 123 – paragraph 4 – point c – subpoint iii
(iii) drawing up standard forms of contract compatible with Union rules; for the sale of raw milk to dairies and the supply of processed products to distributors and retailers in an integrated approach, taking into account the need to achieve fair competitive conditions and to avoid market distortions, in the interests of all members of the industry, Member States agreeing on the modalities of use of standard contracts in transaction within the sector;
Amendment 156 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint iii a (new)
Article 123 – paragraph 4 – point c – subpoint iii a (new)
iii (a) undertaking collective action for the prevention and management of the risks linked to the production, processing, marketing and distribution of milk and milk products;
Amendment 158 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint iv a (new)
Article 123 – paragraph 4 – point c – subpoint iv a (new)
iv (a) maintaining and developing the production potential of the dairy sector;
Amendment 160 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint vi
Article 123 – paragraph 4 – point c – subpoint vi
(vi) developing methods and instruments for improving product quality at all stages of production and marketing;, with particular reference to products of protected denomination of origin, and also through the adoption of tools to manage supply and economic participation by the producers in programmes which aim to improve quality in accordance with market demands.
Amendment 162 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint vi a (new)
Article 123 – paragraph 4 – point c – subpoint vi a (new)
vi (a) enhancing food safety and health safety, particularly by ensuring the traceability of milk products;
Amendment 163 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint vi b (new)
Article 123 – paragraph 4 – point c – subpoint vi b (new)
vi (b) undertaking measures to promote innovation and programmes for applied research, experimentation and development, including by investing in such programmes;
Amendment 171 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 a (new)
Article 123 – paragraph 4 a (new)
4a Where raw milk is sourced from less favoured areas (mountainous areas, intermediate LFAs, areas with a specific natural handicap), any transfer of volume collected to an area which is not a LFA, or between different types of LFA, must be authorised in advance by the inter- branch organisation to which the collector and producer concerned belong.
Amendment 176 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
1. Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 185f(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 122, on behalf of its farmer members for part or all of their joint production. This article shall not apply if the raw milk is delivered by a producer to an enterprise that processes the milk and that enterprise is a cooperative of which the producer is a member.
Amendment 193 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 2 – point (c) – subpoint ii
Article 126 a – paragraph 2 – point (c) – subpoint ii
ii) 3349% of the total national production of any particular Member State covered by such negotiations by that producer organisation, and
Amendment 200 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 2 – point (c) – subpoint iii
Article 126 a – paragraph 2 – point (c) – subpoint iii
(iii) 3349% of the total combined national production of all the Member States covered by such negotiations by that producer organisation,
Amendment 206 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 2 – point (d)
Article 126 a – paragraph 2 – point (d)
d) provided the farmers concerned are not members of any otherrepresented only by a single producer organisation to which also negotiates such contracts on their behalfthey have issued a negotiating mandate, and
Amendment 209 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 2 a (new)
Article 126 a – paragraph 2 a (new)
2a. By way of derogation from points (ii) and (iii) of paragraph 2(c), in Member States with a total annual milk production which is deemed to be negligible in relation to the Union average, the negotiation with the producer organisation may take place if the total volume of raw milk included by a particular producer organisation in such negotiations does not exceed: - 75% of the total national production of any particular Member State concerned, and - 75% of the total combined national production of all the Member States concerned.
Amendment 215 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 4
Article 126 a – paragraph 4
4. For the purposes of applying point (c) of paragraph 2, the Commission shall publish, by the methods it considers appropriate, amountsdetails (quantity, quality, price, etc.) concerning the marketing of raw milk production in the Union and the Member States using the most up-to-date information available.
Amendment 219 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 5 – subparagraph 1
Article 126 a – paragraph 5 – subparagraph 1
5. By way of derogation from paragraph 2(c)(ii) and (iii), even where the threshold of 3349% is not exceeded, the competition authority referred to in the second subparagraph may deciderequest in an individual case that the negotiation byagreement involving the producer organisation may not take placebe renegotiated if it considers that this is necessary in order to prevent competition being excluded or in order to avoid serious prejudice to SME processors of raw milk in its territory.
Amendment 227 #
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 5 – subparagraph 3
Article 126 a – paragraph 5 – subparagraph 3
The decisions referred to in the first and second subparagraphs shall not apply earlier than the date of their notification to the undertakingparties concerned.
Amendment 231 #
Proposal for a regulation - amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) 1234/2007
Article 177 a – paragraph 2 -– point b
Article 177 a – paragraph 2 -– point b
b) within threewo months of receipt of all the details required, the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 195(1), has not found that the agreements, decisions or concerted practices are incompatible with Union rules.
Amendment 235 #
Proposal for a regulation - amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) 1234/2007
Article 177 a – paragraph 4 -– point d
Article 177 a – paragraph 4 -– point d
d) agreements, decisions and concerted practices which entail the fixing of nominal prices;
Amendment 241 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 e – paragraph 1
Article 185 e – paragraph 1
1. Processors or buyers of raw milk shall declare to the competent national authority the quantity of, average price and quality of the raw milk that has been delivered to them each month.
Amendment 245 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 e – paragraph 2 a (new)
Article 185 e – paragraph 2 a (new)
2a. In the interests of protecting fair competitive practices and in order to avoid market distortion, the commercially sensitive nature of such data shall be taken into consideration before it is made public, which may not be less than two months from the date of receipt of the aforementioned declarations.
Amendment 247 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph - 1a (new)
Article 185 f – paragraph - 1a (new)
-1a. Each Member State may make the conclusion of a written contract compulsory for every delivery of raw milk by a farmer to a processor of raw milk.
Amendment 252 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 1 – subparagraph 1
Article 185 f – paragraph 1 – subparagraph 1
1. If a Member State decides that every delivery of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, such contract shallWhether its conclusion is made compulsory by the Member State concerned or whether it is optional, any contract for the delivery of raw milk by a farmer to a processor of raw milk must fulfil the conditions laid down in paragraph 2.
Amendment 257 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 1 – subparagraph 2
Article 185 f – paragraph 1 – subparagraph 2
In the case described in the first subparagraph, the Member State concerned shall also decide that, if the delivery of raw milk is made through one or more collectors, eachthe stages of the delivery which must be covered by such a contract between the parties. To this end, a "‘collector"’ means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.
Amendment 269 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 2 – point c – subpoint i – indent 1a (new)
Article 185 f – paragraph 2 – point c – subpoint i – indent 1a (new)
– be calculated using a formula specified in the contract and/or
Amendment 273 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 2 – point c – subpoint i – indent 2
Article 185 f – paragraph 2 – point c – subpoint i – indent 2
– vary only on factors which are set out in the contract, in particular the development of the market situation based on market indicators, the volume delivered and the quality or composition of the raw milk delivered, and/or
Amendment 274 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 2 – point c – subpoint i – indent 2a (new)
Article 185 f – paragraph 2 – point c – subpoint i – indent 2a (new)
– may be fixed for a specific volume and, for any additional volume, variable according to criteria freely agreed and set out in the contract.
Amendment 280 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 2 – point c – subpoint ii a (new)
Article 185 f – paragraph 2 – point c – subpoint ii a (new)
(iia) the arrangements for collecting or delivering products.
Amendment 282 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 2 – point c – subpoint iii
Article 185 f – paragraph 2 – point c – subpoint iii
(iii) the duration of the contract, which mayust include an indefinite minimum duration with review and termination clauses. The Member States may lay down a minimum contract duration and a minimum notice period for termination.
Amendment 285 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 2 – point c – subpoint iii a (new)
Article 185 f – paragraph 2 – point c – subpoint iii a (new)
(iiia) the product characteristics.
Amendment 288 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 2 – point c – subpoint iii b (new)
Article 185 f – paragraph 2 – point c – subpoint iii b (new)
(iiib) the payment procedures.
Amendment 296 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 3
Article 185 f – paragraph 3
3. By way of derogation from paragraph 1, a contract shall not be required where raw milk is delivered by a farmer to a processor of raw milk where the processor is a co- operative of which the farmer is a member if its statutes or the agreements related to or derived from them contain provisions having similar effects as those set out in points (a), (b) and (c) of paragraph 2, unless the co-operative has chosen to include in the statutes the conclusion of contracts as defined in this regulation.
Amendment 301 #
Proposal for a regulation - amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) 1234/2007
Article 185 f – paragraph 4 a (new)
Article 185 f – paragraph 4 a (new)
4a. Even if a Member State has decided that it will not be compulsory for milk to be covered by a contract, a producer organisation or a farmer may require the conclusion of a contract to which the above conditions apply.