Activities of Michel DANTIN related to 2011/0281(COD)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (Single CMO Regulation) PDF (1 MB) DOC (2 MB)
Amendments (162)
Amendment 1 #
Proposal for a regulation
Article 3 – point 4b (new)
Article 3 – point 4b (new)
4b. For the purposes of this Regulation, ‘advanced systems of sustainable production’, ‘advanced methods of sustainable production’ and ‘advanced measures for sustainable production’ shall mean agricultural practices which go further than the cross-compliance rules laid down in Regulation (EU) No [...] (horizontal regulation on the CAP) and are in continuous progress to improve management of natural nutrients, the water cycle and energy flows so as to reduce damage to the environment and wastage of non-renewable resources and to maintain at a high level crops, livestock and natural diversity in production systems.
Amendment 2 #
Proposal for a regulation
Article 7
Article 7
Amendment 3 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 4 #
Proposal for a regulation
Article 10
Article 10
Article 10 Article 10 Products eligible for public intervention Public intervention shall apply in respect of the following products subject toin accordance with the conditions laid down in this Section and any additional requirements and conditions tohat may be determined by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 18 and 19: (a) common wheat, durum wheat, sorghum, barley and maize ; (b) paddy rice; (c) fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50; (d) butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %; (e) skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein-content of 34,0 % by weight of the fat free dry matter.
Amendment 5 #
Proposal for a regulation
Article 11
Article 11
Article 11 Article 11 Public intervention periods Public intervention shall be available for: (a) common wheat, barley and maize, from 1 November to 31 May; (b) paddy rice, from 1 April to 31 July; (c) beef and veal, throughout the marketing year; (d) butter and skimmed milk powder, from 1 March to 31 August; the products listed in Article 10 throughout the year.
Amendment 6 #
Proposal for a regulation
Article 12
Article 12
Amendment 7 #
Proposal for a regulation
Article 13
Article 13
Article 13 Article 13 Buying-in at a fixed price or tendering 1. Where public intervention is open pursuant to point (a) of Article 12(1), buying-in shall be carried out at athe fixed price set in Article 14(2), within the following limits for each period referred to in Article 11: (a) for common wheat, 3 million tonnes; (b) for butter, 370 000 tonnes; (c) for skimmed milk powder, 109 000 tonnes. 2. Where public intervention is open pursuant to Article 12(1), buying-in shall be carried out by way of a tendering procedure to determine the maximum buying-in price: (a) for common wheat, butter and skimmed milk powder beyond the limits referred to in paragraph 1, (b) for durum wheat, sorghum, barley, maize, paddy rice and beef and veal. In special and duly justified circumstances, the Commission may, by means of implementing acts, restrict tendering procedures to a Member State or region of a Member State, or, subject to Article 14(2), determine the buying-in prices for public intervention per Member State or region of a Member State on the basis of recorded average market prices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 8 #
Proposal for a regulation
Article 14
Article 14
Article 14 Article 14 Public intervention prices Public intervention prices 1. Public intervention price shall mean: (a) the price at which products shall be bought-in under public intervention where this is done at a fixed price, or (b) the maximum price at which products eligible for public intervention may be bought-in where this is done by tendering. 2. The level of the public intervention price: (a) for common wheat, durum wheat, sorghum, barley, maize, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering; (b) for butter shall be equal to 90 % of the reference price fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed 90 % of the reference price in the case of buying-in by tendering; (c) for beef and veal, shall not exceed the price referred to90% of the reference price stated in point (cd) of Article 127(1). 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, durum wheat, sorghum, barley, maize and paddy rice. Moreover, taking into account the need to 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.
Amendment 9 #
Proposal for a regulation
Article 15
Article 15
Article 15 Article 15 General principles on disposal from public intervention public intervention 1. Disposal of products bought in under public intervention shall take place in such a way as to: (a) avoid any disturbance of the market, (b) ensure equal access to goods and equal treatment of purchasers and (c) be in compliance with the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty. 2. Products may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No […] if that scheme so provides. In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2). 2a. Each year the Commission shall publish details of the conditions under which the public intervention stocks were sold the previous year.
Amendment 10 #
Proposal for a regulation
Article 16 — paragraph 1
Article 16 — paragraph 1
Aid for private storage may be granted in respect of the following products subject toin accordance with the conditions set out in this Section and toany further requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 17 to 19:
Amendment 11 #
Proposal for a regulation
Article 17
Article 17
Article 17 Article 17 Conditions for granting aid Conditions for granting aid 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account: a) average recorded Union market prices and the reference prices and production costs for the products concerned orand/or b) the need to respond in a timely way to a particularly difficult market situation or economic developments in the sector in one or moreand/or which have a significant impact on producers’ profit margins in the sector in one or more Member States and/or (ba) the particular nature of certain sectors or the seasonality of production in certain Member States. 2. The Commission may, by means of implementing acts, decide to grant private storage aid for the products listed in Article 16, taking into account the conditions referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). 3. The Commission shall, by means of implementing acts fix the aid for private storage provided for in Article 16 in advance or by means of tendering procedures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). 4. The Commission may, by means of implementing acts, restrict the granting of private storage aid or fix the private storage aid per Member State or region of a Member State on the basis of recorded average market prices and the applicants’ profit margins. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 12 #
Proposal for a regulation
Article 18
Article 18
Article 18 Article 18 Delegated powers Delegated powers 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 9 of this Article. 2. Taking into account the specificities of the different sectors, the Commission may, by means of delegated acts, adopt the requirements and conditions to be met by products bought-in under public intervention and stored under the system of granting an aid for private storage, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim at guaranteeing the eligibility and quality of the products bought-in and stored, with respect to quality groups, quality grades, categories, quantities, packaging, labelling, maximum ages, preservation, the stage of the products to which the public intervention price and the aid for private storage applies. 3. Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat, durum wheat, sorghum, barley, maize and paddy rice. 3a. Taking into account the particular seasonality and/or the specific nature of certain farms in some Member States or regions, the Commission may, by means of delegated acts, set different objective conditions governing factors that may trigger private storage. 4. Taking into account the specificities of the beef and veal sector, the Commission may, by means of delegated acts, adopt rules concerning the obligation for the paying agencies to have all the beef boned after the take-over and prior to the placing into storage. 5. Taking into account the diversity of situations relating to the storage of intervention stocks in the Union and ensuring adequate access to public intervention for operators, the Commission shall, by means of delegated acts, adopt: (a) the requirements to be met by intervention storage places for the products to be bought-in under the system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken-over in good condition and for their disposal at the end of the storage period; (b) rules on sale of small quantities remaining in storage in the Member States, to be carried out under their responsibility, by applying the same procedures as those applied by the Union; and rules for direct sale of quantities which may no longer be repackaged or are deteriorated; (c) rules on storage of products inside and outside the Member State responsible for them and for treatment of such products as regards customs duties and any other amounts to be granted or levied under the CAP. (ca) the conditions according to which it may be decided that products covered by private storage contracts may be re- marketed or disposed of; 6. Taking into account the need to ensure that aid for private storage has the desired effect on the market, the Commission, by means of delegated acts: (a) shall adopt measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity; (b) may lay down conditions for granting of an advance payment. 7. Taking into account the rights and obligations of operators participating in public intervention or private storage, the Commission may, by means of delegated acts, adopt rules on: (a) the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators; (b) eligibility of operators; (c) the obligation to lodge a security guaranteeing the execution of operators' obligations. 8. 7a. Taking into account the technical developments and the needs of the sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 for adapting and updating the provisions on the classification, identification and presentation of adult bovine carcasses, pig carcasses and sheep carcasses laid down in Annex IIIa. 7b.Taking into account the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and aid for private storage, the Commission may, by means of delegated acts, adopt Union scales for the classification of carcasses private storage in the beef and veal, pig-meat and sheep-meat sectors as applicable, the Commission shall be empowered to adopt delegated acts: (a) laying down provisions on the classification, grading (including by automated grading the following sectors: (a) beef and veal; (b) pigmeat; (c) sheepmeat and goatmeat. 9. Taking into account the need to ensure the accuracy and reliability of the classification of carcasses, the Commission may, by means of delegated acts, provide for the review of the application of classification of carcasses echniques), presentation, lean-meat content, identification and weighing and marking of carcasses; (b) laying down rules on the calculation of average Union prices and the obligations on operators to submit information on beef, pig and sheep carcasses, in particular as regards market and representative prices. 7c. Taking into account the specificities within the Union, the Commission shall be empowered to adopt delegated acts laying down derogations from the provisions, in particular: (a) providing for derogations which may be granted by Member States to slaughterhouses in which few bovine animals are slaughtered; (b) authorising Member States by a Union committee composed of experts from the Commission and experts appointed by the Member States. Those provisions may provide for the Union to bear the costs resulting from the revnot to make application of the grading scale for pig carcase classification and to use assessment criteria in addition to weight and estimated lean-meat content. 7d. Taking into account the need to ensure that the Union inspection committee fulfils its objectives, the Commission shall be empowered to adopt delegated acts determining its responsibilitiews activitynd the way it is composed.
Amendment 13 #
Proposal for a regulation
Article 19
Article 19
Article 19 Article 19 Implementing powers in accordance with the examination procedure with the examination procedure The Commission shall, by means of implementing acts, adopt necessary measures aiming at reaching a uniform application of this Chapter throughout the Union. Those rules may, in particular, concern the following: (a) the representative periods, markets and, market prices and profit margin trends necessary for the application of this Chapter; (b) the procedures and conditions for the delivery of the products to be bought-in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment; (c) the different operations connected with the boning process for the beef and veal sector; (d) any authorisation of storage outside the territory of the Member State where the products have been bought-in and stored; (e) the conditions for the sale or disposal of products bought-in under public intervention, in particular, regarding selling prices, the conditions for removal from storage, the subsequent use or destination of products released, including procedures relating to products made available for use in the scheme for food distribution to the most deprived in the Union, including transfers between Member States; (f) the conclusion and the content of contracts between the competent authority of the Member State and the applicants; (g) the placing and keeping in private storage and removal from storage; (h) the duration of the private storage period and the conditions according to which such periods, once specified in the contracts, may be curtailed or extended; (i) the conditions according to which it may be decided that products covered by private storage contracts may be re- marketed or disposed of; (j) the rules relating to the procedures to be followed for buying-in at a fixed price or for granting the aid for private storage at a fixed price; (k) the use of tendering procedures, both for public intervention and for private storage, in particular concerning: (i) the submission of offers or tenders, and the minimum quantity for an application or submission and (ii) selection of offers ensuring that preference is given to those which are most favourable to the Union whilst permitting that the award of a contract shall not necessarily ensue. (ka) the practical modalities for marking of classified carcasses; (kb) the implementation of Union scales for the classification of beef, pig and sheep carcasses in particular as regards: (i) communication of classification results, (ii) checks, inspection reports and follow- up actions; (kc) on-the-spot inspections in relation to the classification and price reporting of carcasses of adult bovine animals and sheep on behalf of the Union by Union inspection committee; (kd) the practical modalities for the calculation by the Commission of the weighted average Union price for beef, pig and sheep carcasses; (ke) the procedures to determine qualified classifiers of carcasses of adult bovines and sheep by Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 14 #
Proposal for a regulation
Part II – Title I – Chapter II – Section 1
Part II – Title I – Chapter II – Section 1
Section 1 Section 1 SCHEMES TO IMPROVE ACCESS TO FOOD FOOD AND IMPROVE CHILDREN'S EATING HABITS Article 20 a Target group Aid schemes intended to improve access to food and improving children’s eating habits are aimed at children who regularly attend primary or secondary- level educational establishments and nurseries, pre-school or other establishments offering extracurricular activities which are administered or recognised by Member States’ competent authorities.
Amendment 15 #
Proposal for a regulation
Part 2 – title 1 – chapter 2 – section 1 – subsection 1 – title
Part 2 – title 1 – chapter 2 – section 1 – subsection 1 – title
SUBSECTION 1 SUBSECTION 1 SCHOOL FRUIT SCHOOL FRUIT AND VEGETABLES SCHEME
Amendment 16 #
Proposal for a regulation
Article 21
Article 21
Article 21 Article 21 Aid for the supply of fruit and vegetables, processed fruit and vegetable ands banana products to children and banana products to children 1. Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 22 and 23, Union aid shall be granted for: (a) the supply to children in educationalthe establishments, including nurseries, other pre-school establishments, primary and secondary schools, referred to in Article 20a of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and (b) certain related costs linked to logistics and distribution, equipment, publicity, monitoring, evaluation and accompanying measures. 2. Member States wishing to participate in the scheme shall draw up, at national or regional level, a prior strategy for theits implementation of the scheme. They shall also provide for the accompanying measures, which may include information on measures for education about healthy eating habits, about local food chains and about combating food wastage, that are necessary to make the scheme effective. 3. When drawing up their strategies, Member States shall draw up a list of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors that will be eligible under their respective schemes. This list, however, shall not include products excluded by the measures adopted by the Commission by means of delegated acts pursuant to point (a) of Article 22(2). Member States shall choose their products on the basis of objective criteria which may include the health and environmental benefits, seasonality, variety, or availability of produce or environmental concer, giving priority to local food chains. In this connection, Member States mayshall give preference to products originating in the Union. 4. The Union aid referred to in paragraph 1 shall neither: (a) exceed EUR 150 million per school year; nor (b) exceed 75 % of the costs of supply and related costs referred to in paragraph 1, or 90 % of such costs in less developed regions and in the outermost regions referred to in Article 349 of the Treaty; nor (c) cover costs other than the costs of supply and related costs referred to in paragraph 1 and in the small Aegean islands, as defined in Article 1, paragraph 2, of Regulation (EC) No. 1405/2006; nor (c) cover costs other than the costs of supply and related costs referred to in paragraph 1. 4a. The Union aid provided for in paragraph 1 shall be allocated to each Member State on the basis of objective criteria based on the proportion of six to ten year old children enrolled with the educational establishments defined in Article 20a. However, Member States participating in the scheme shall each receive at least EUR 175 000 of Union aid. They shall request Union aid every year on the basis of their strategy. Following the requests of the Member States, the Commission shall decide on definitive allocations, within the appropriations available in the budget. 5. Union aid provided for in paragraph 1 shall not be used to replace funding for any existing national school fruit and vegetables schemes or other school distribution schemes that include fruit and vegetables. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted provided that the limits of point (b) of paragraph 4 are abided by as regards the proportion of Union aid to the total national contribution. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective. 6. Member States may, in addition to Union aid, grant national aid in accordance with Article 152. 7. The Union School Fruit and Vegetables Scheme shall be without prejudice to any separate national school fruit and vegetables schemes which are compatible with Union law. 8. The Union may also finance, under Article 6 of Regulation (EU) No […] on the financing, management and monitoring of the common agricultural policy, information, monitoring and evaluation measures relating to the School Fruit and Vegetables Scheme, including raising public awareness of it, and related networking measures. 8a. Member States participating in the scheme shall publicise, at the places where the food is distributed, their involvement in the aid scheme and the fact that it is subsidised by the Union.
Amendment 17 #
Proposal for a regulation
Article 22
Article 22
Article 22 Article 22 Delegated powers Delegated powers 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article. 2. Taking into account the need to promote the healthy eating habits of childrenensure that the implementation of the scheme responds effectively to the objectives which are ascribed to it, the Commission may, by means of delegated acts, adopt rules on: (a) the products that are ineligible for the scheme, taking into account nutritional aspects; (b) the target group of the scheme; (c) the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; (d) the approval and selection of aid applicants. 3. Taking into account the need to ensure the efficient and targeted use of European Funds, the Commission may by means of delegated acts, adopt rules on: (a) objectiveadditional criteria for the allocation of aid between Member States, the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on aid applications received; (b) the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; (c) monitoring and evaluation. 4. Taking into account the need to promote awareness of the scheme the Commission may, by means of delegated acts, require participatingspecify the conditions in accordance with which Member States toshall publicise the subsidising role of the schemeir participation in the aid scheme and the fact that it is subsidised by the Union.
Amendment 18 #
Proposal for a regulation
Article 23
Article 23
Article 23 Article 23 Implementing powers in accordance with the examination procedure with the examination procedure The Commission may, by means of implementing acts, adopt allthe necessary measures related to this Subsection as regards, in particular: (a) the definitive allocation of aid between participating Member States within the appropriations available in the budget; (b) the aid applications and payments; (c) the methods of publicising, and networking measures in respect of, the scheme. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 19 #
Proposal for a regulation
Article 24
Article 24
Amendment 20 #
Proposal for a regulation
Article 25
Article 25
Article 25 Article 25 Delegated powers Delegated powers 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article. 2. Taking into account of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market, and taking into account nutritional aspectsneed to ensure that the implementation of the scheme responds effectively to the objectives which are ascribed to it, the Commission shallmay, by means of delegated acts, determineadopt rules on: (a) the products that are eligible for the scheme and adopt rules on the national or regional strategies that Member States must draw up in order to benefit from the aid and the target group for the scheme, in accordance with the provisions laid down in Article 24(1) and taking into account nutritional aspects; (b) the target group of the scheme; (c) the national or regional strategies that Member States must draw up in order to benefit from the aid, including accompanying measures; (d) the approval and selection of aid applicants; (e) monitoring and evaluation. 3. Taking into account the need to ensure that the appropriate beneficiaries and applicants qualify for the aid, the Commission shall, by means of delegated acts, adopt the conditions for granting aid. Taking into account the need to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts, adopt measures on the lodging of a security guaranteeing the execution where an advance of aid is paid. 4. Taking into account the need to promote awareness of the aid scheme, the Commission may, by means of delegated acts, require educational establishments to communicate the subsidising role of the schemespecify the conditions in accordance with which Member States shall publicise their participation in the aid scheme and the fact that it is subsidised by the Union.
Amendment 21 #
Proposal for a regulation
Article 26
Article 26
Article 26 Article 26 Implementing powers in accordance with the examination procedure with the examination procedure The Commission may, by means of implementing acts, adopt allthe necessary measures as regards, in particularrelating to this Subsection as regards: (a) procedures to ensure the respect of the maximum quantity eligible for the aid; (b) approval of applicants, aid applications and payments; (c) the methods of publicising the scheme; (ca) the fixing of aid for all types of milk and milk products, taking into account the need to sufficiently encourage the supply of milk products to the establishments referred to in Article 20a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 22 #
Proposal for a regulation
Article 27
Article 27
Aid to operator organisationsrticle 27 Article 27 Programmes to support the olive oil and table olives sector 1. The Union shall finance three-year work programmes to be drawn up by the operatoproducer organisations as defined inrecognised under Article 106 or the interbranch organisations recognised under Article 1098 in one or more of the following areas: (a) the improvement of the environmental impacts of olive cultivation-a) market follow-up and management in the olive oil and table olives sector; (a) the improvement of the environmental impacts of olive cultivation; (aa) the improvement of the competitiveness of olive cultivation through modernisation and restructuring; (b) the improvement of the production quality of olive oil and table olives; (c) the traceability system, the certification and protection of the quality of olive oil and table olives, in particular the monitoring of the quality of olive oils sold to final consumers, under the authority of the national administrations. (ca) the dissemination of information on measures carried out by operator organisations to improve the quality of olive oil and table olives. 2. The Union financing of the work programmes referred to in paragraph 1 shall be: (a) EUR 11 098 000 per year for Greece; (b) EUR 576 000 per year for France; and (c) EUR 35 991 000 per year for Italy. 2a. Member States other than those listed in paragraph 2 may use all or part of the funding available within the financial limit laid down in Article 14 of Regulation [XXXX/XXXX] of the European Parliament and of the Council establishing rules for direct payment to farmers in order to finance the work programmes referred to in paragraph 1. 3. The maximum Union funding for the work programmes referred to in paragraph 1 shall be equal to the amounts withheld by the Member States. The maximum funding of the eligible cost shall be: (a) 75 % for activities in the areas referred to in points (-a), (a) and (aa) of paragraph 1; (b) 75 % for fixed assets investments and 50 % for other activities in the area referred to in point (b) of paragraph 1; (c) 75 % for the work programmes carried out in at least three third countries or non- producing Member States by approved operator organisations from at least two producer Member States in the areas referred to in points (c) and (ca) of paragraph 1, and 50 % for the other activities in these areas. Complementary financing shall be ensured by the Member State up to 50 % of the costs not covered by the Union funding.
Amendment 23 #
Proposal for a regulation
Article 28
Article 28
Amendment 24 #
Proposal for a regulation
Article 30
Article 30
Amendment 25 #
Proposal for a regulation
Article 31
Article 31
Article 31 Article 31 Operational programmes Operational programmes 1. Operational programmes in the fruit and vegetables sector shall have at least two of the objectives referred to in Article 106(c) or two of the following objectives: (a) planning of production; (b) improvement of product quality, whether in a fresh or processed form; (c) boosting products’ commercial value; (d) promotion of the products, whether in a fresh or processed form; (e) environmental measures and methods of production, particularly relating to water, and methods of production, handling, manufacturing or processing methods respecting the environment, including organic farming and integrated production; (f) crisis prevention and management. Operational programmes shall be submitted to the Member States for their approval. 2. Crisis prevention and management referred to in point (f) of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context: (a) market withdrawal; (b) green harvesting or non-harvesting of fruit and vegetables; (c) promotion and communication; (d) training measures; (e) harvest insurance; (f) support for the administrative costs of setting up mutual funds. Crisis prevention and management measures, including any repayment of capital and interest as referred to in the third subparagraph, shall not comprise more than one-third of the expenditure under the operational programme. Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 32. Any specific action under crisis prevention and management shall be financed either by such loans, or directly, but not both. 3. Member States shall ensure that: (a) operational programmes include two or more environmental actions; or (b) at least 10 % of the expenditure under operational programmes covers environmental actions. Environmental actions shall respect the requirements for agri-environment payments laid down in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD). Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri- environment commitments provided for in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph. Support for the environmental actions referred to in the first subparagraph shall cover additional costs and income foregone resulting from the action. 4. Member States shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place. (Paragraph 2 point d has become point c, point c becomes point d, point f becomes point e,1a. Associations of producer organisations may stand in for their members for the purpose of managing, processing, implementing and presenting operational programmes. Such associations may also present a partial operational programme composed of measures identified, but not carried out, by member organisations under their operational programmes. These partial operational programmes shall be subject to the same rules as other operational programmes and shall be considered at the same time as the operational programmes of member organisations. To that end, the Member States shall ensure that: (a) measures under partial operational programmes are entirely financed by the contributions of the member organisations of the association in question and that this funding is collected from the operational funds of those member organisations; (b) the measures and their corresponding financial share are identified in the operational programme of each member organisation; (c) there is no duplication of funding. 2. Crisis prevention and management referred to in point (f) of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context: (a) production and consumption forecasting and follow-up; (b) investments making the management of the volumes placed on the market more efficient; (c) training measures, exchanges of best practice and structural capacity building; (d) promotion and communication, whether for prevention or during the crisis period; (e) support for the administrative costs of setting up mutual funds; (f) grubbing-up aid for the reconversion of orchards; (g) market withdrawal, also for products that are processed by producer organisations; (h) green harvesting or non-harvesting of fruit and vegetables; (i) harvest insurance. Crisis prevention and management measures, including any repayment of capital and interest as referred to in the fourth subparagraph, shall not comprise more than 40% of the expenditure under the operational programme. Harvest insurance actions shall comprise measures which contribute to safeguarding producers’ incomes and to covering market losses incurred by producer organisations and/or their members where these incomes are affected by natural disasters, adverse climatic events, diseases or pest infestations. The beneficiaries must prove that they have taken the necessary risk prevention measures. Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 32. Any specific action under crisis prevention and management may be financed either by such loans and/or directly by producer organisations. 2a. For the purposes of this section: (a) "green harvesting" means the total or partial harvesting of non-marketable products on a given area carried out before the beginning of the normal harvest. The products concerned shall not have been already damaged prior to the green harvesting, whether due to climatic reasons or disease or otherwise. (b) "non-harvesting" means the situation where all or part of commercial production is not taken from the area concerned during the normal production cycle. However, destruction of products due to a climatic event or disease shall not be considered as non-harvesting; 3. Member States shall ensure that: (a) operational programmes include two or more environmental actions; or (b) at least 10 % of the expenditure under operational programmes covers environmental actions. Environmental actions shall respect the requirements for agri-environment payments laid down in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD). Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri- environment commitments provided for in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph. Support for the environmental actions referred to in the first subparagraph shall cover additional costs and income foregone resulting from the action. 4. Member States shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place. Or. en point e becomes point i, point b becomes point h)
Amendment 26 #
Proposal for a regulation
Article 32
Article 32
Article 32 Article 32 Union financial assistance Union financial assistance 1. The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 30(1) as actually paid and limited to 50 % of the actual expenditure incurred or 75% in the case of the outermost regions. 2. The Union financial assistance shall be limited to 4,1 % of the value of the marketed production of each producer organisfresh or processed products marketed by each producer organisation and/or of their association. However, that percentage may be increased to 4,6 % of the value of the marketed producfresh or processed products marketed by the producer organisation provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measurefresh or processed products marketed is used solely for crisis prevention and management measures. In the case of associations of producer organisations, this percentage may be increased to 5% of the value of the fresh or processed products marketed by the association or by its members, provided that the amount in excess of 4,1% of the value of the fresh or processed products marketed is used solely for crisis prevention and management measures implemented by that association of producer organisations on behalf of its members. 3. At the request of a producer organisation, the 50 % limit provided for in paragraph 1 shall be increased to 60 % for an operational programme or part of an operational programme where it meets at least one of the following conditions: (a) it is submitted by several Union producer organisations operating in different Member States on transnational schemes; (b) it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis; (c) it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007; (d) it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation; (da) the programme is presented by several recognised producer organisations grouped together in a joint marketing subsidiary; (e) it is the first to be submitted by a recognised association of producer organisations; (f) it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production; (g) it is submitted by a producer organisation in one of the outermost regions referred to in Article 349 of the Treaty; (h) it covers solely specific support for actions to promote the consumption of fruit and vegetables targeted at children in educational establishments. or in the small Aegean islands, as defined in Article 1(2) of Regulation (EC) No. 1405/2006; 4. The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of market withdrawals of fruit and vegetables which shall not exceed 5 % of the volume of marketed production of each producer organisation and which are disposed of by way of: (a) free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence; (b) free distribution to penal institutions, schools and public education institutionsthe establishments referred to in Article 20a and to children’s holiday camps as well as to hospitals and old people’s homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments.
Amendment 27 #
Proposal for a regulation
Article 34
Article 34
Article 34 Article 34 National framework and national strategy for operational programmes 1. Member States shall establish a national framework for drawing up general conditions relating to the environmental actions referred to in Article 31(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) in particular those of its Article 6 on consistency. Member States shall submit their proposed framework to the Commission which may, by means of implementing acts, may adopted without the application of Article 162(2) or (3), require modifications within three months if it finds that the proposal would not contribute to the pursuit of the objectives set out in Article 191 of the Treaty and in the seventh Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives. 2. Each Member State shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall include: (a) an analysis of the situation in terms of strengths and weaknesses and the potential for development; (b) justification of the priorities chosen; (c) the objectives of operational programmes and instruments, and performance indicators; (d) assessment of operational programmes; (e) reporting obligations for producer organisations. The national strategy shall also integrate the national framework referred to in paragraph 1. 3. Paragraphs 1 and 2 shall not apply to Member States which have no recognised producer organisations.
Amendment 28 #
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34a National network 1. Member States may establish a national fruit and vegetables network gathering the producer organisations, the associations of producer organisations and the authorities involved in implementing the national strategy. 2. The network shall be financed by a maximum levy of 0,5% of the Union share of the financing of operational funds. 3. The aim of this network shall be managing the network, examining transferable good practices and gathering the relevant information, organising conferences and seminars for those involved in managing the national strategy, conducting programmes to monitor and assess the national strategy and carrying out other activities identified by the national strategy.
Amendment 29 #
Proposal for a regulation
Article 35
Article 35
Article 35 Article 35 Delegated powers Delegated powers Taking into account the need to ensure an efficient, targeted and sustainable support of producer organisations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 establishing rules on: (a) operational funds and operational programmes, concerning: (i) the estimated amounts, financing and use of operational funds; (ii) the content, duration, approval and modification of operational programmes; (iii) the eligibility of measures, actions or expenditure under an operational programme, rules on investment in individual holdings and respective complementary national rules; (iv) the relationship between operational programmes and rural development programmes; (v) operational programmes of associations of producer organisations; (va) the specific rules applicable to cases in which associations of producer organisations wholly or partially stand in for their members for the purpose of managing, processing, implementing and presenting operational programmes; (b) the structure and content of a national framework and a national strategy; (c) Union financial assistance, concerning: (i) the basis for the calculation of Union financial assistance, in particular the value of the marketed production of a producer organisation; (ii) applicable reference periods for the calculation of aid; (iii) reductions of financial assistance entitlements in case of late submission of aid applications; (iv) the provision of advance payments and the lodging and forfeiture of securities in case of advance payments; (iva) the specific rules applicable to the financing of operational programmes of associations of producer organisations, particularly those relating to the ceilings referred to in Article 32(2); (d) crisis prevention and management measures, concerning: (i) the selection of crisis prevention and management measures; (ii) the definition ofconditions under which market withdrawal is triggered; (iii) destinations for withdrawn products; (iv) the maximum support for market withdrawals; (v) prior notifications in case of market withdrawals; (vi) the calculation of the volume of marketed production in case of withdrawals; (vii) the display of the European emblem on packages of products for free distribution; (viii) the conditions for the recipients of withdrawn products; (ix) the definitions of green harvesting and non-harvesting; (x) the conditions for the application of green harvesting and non-harvesting; (xi) the objectives of harvest insurance; (xii) the definition of adverse climatic eventimplementation conditions applicable to harvest insurance; (xiii) the conditions for support for the administrative cost of setting up mutual funds; (e) national financial assistance, concerning: (i) the degree of organisation of producers; (ii) modifications of operational programmes; (iii) reductions of financial assistance entitlements in case of late submission of financial assistance applications; (iv) the lodging, releasing and forfeiture of securities in case of advance payments; (v) the maximum proportion of union reimbursement of the national financial assistance.
Amendment 30 #
Proposal for a regulation
Article 38
Article 38
Article 38 Article 38 Compatibility and consistency Compatibility and consistency 1. Support programmes shall be compatible with Union law and consistent with the activities, policies and priorities of the Union. 2. Member States shall be responsible for support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers. 3. No support shall be granted for: (a) research projects and measures to support research projects without prejudice to points (d) and (e) of Article 43(3); (b) measures contained in Member States’ rural development programmes under Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).
Amendment 31 #
Proposal for a regulation
Article 39
Article 39
Amendment 32 #
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article 39a Content of support programmes Support programmes shall consist of the following elements: (a) a detailed description of the measures proposed as well as their quantified objectives; (b) the results of consultations held; (c) an appraisal showing the expected technical, economic, environmental and social impact; (d) a schedule for implementing the measures; (e) a general financing table showing the resources to be deployed and the envisaged indicative allocation of the resources between the measures in accordance with ceilings provided for in Annex IV; (f) the criteria and quantitative indicators to be used for monitoring and evaluation as well as the steps taken to ensure that the support programmes are implemented appropriately and effectively; and (g) the designation of competent authorities and bodies responsible for implementing the support programme.
Amendment 33 #
Proposal for a regulation
Article 40
Article 40
Article 40 Article 40 Eligible measures Eligible measures Support programmes may contain only one or more of the following measures: (a) Single Payment Scheme support in accordance with Article 42; (b) promotion in accordance with Article 43; (c) restructuring and conversion of vineyards in accordance with Article 44; (d) green harvesting in accordance with Article 45; (e) mutual funds in accordance with Article 46; (f) harvest insurance in accordance with Article 47; (g) investments in accordance with Article 48; (h) by-product distillation in accordance with Article 49. (ha) research and development pursuant to Article 43a.
Amendment 34 #
Proposal for a regulation
Article 42
Article 42
Amendment 35 #
Proposal for a regulation
Article 43
Article 43
Article 43 Article 43 Promotion in third-countries Promotion 1. Support under this Article shall cover information or promotion measures concerning Union wines first and foremost in third countries, and also on the internal market, thereby improving their competitiveness in those countries. 2. The measures referred to in paragraph 1 shall apply to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety. 3. The measures referred to in paragraph 1 may consist only of: (a) public relations, promotion or advertisement measures, in particular highlighting the advantages of the Union products, especially in terms of quality, food safety or environmental friendlinesstandards; (b) participation at events, fairs or exhibitions of international importance; (c) information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production; (d) studies of new markets, necessary for the expansion of market outlets; (e) studies to evaluate the results of the information and promotion measures. 4. The Union contribution to promotion activities referred to in paragraph 1 shall not exceed 50 % of the eligible expenditure.
Amendment 36 #
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43a Research and Development Support for research and development shall make it possible to fund research projects geared, in particular, to improving the quality of products, the environmental impact of production and health safety.
Amendment 37 #
Proposal for a regulation
Article 43 b (new)
Article 43 b (new)
Article 43b Exchanges of best practices with regard to advanced systems of sustainable production 1. Support under this article shall cover measures supporting the exchange of best practices with regard to advanced systems of sustainable production and, thereby, enabling farmers to acquire new competencies. 2. The measures referred to in paragraph 1 shall apply to advanced systems of wine- growing and wine production which increase soil cover, substantially reduce the use of pesticides and chemical fertilisers or increase diversity of varieties and which go beyond the cross- compliance requirements provided for in Title VI of Regulation (EU) No […] [horizontal CAP Regulation]. 3. The measures referred to in paragraph 1 may include: (a) selecting, describing and publicising best practices with regard to advanced sustainable wine-growing practices; (b) providing agricultural training and increasing competencies in relation to advanced sustainable farming systems.
Amendment 38 #
Proposal for a regulation
Article 44
Article 44
Article 44 Article 44 Restructuring and conversion of vineyards vineyards 1. The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers. 2. The restructuring and conversion of vineyards shall be supported if Member States submit the inventory of their production potential in accordance with Article 102(3). 3. Support for the restructuring and conversion of vineyards may only cover one or more of the following activities: (a) varietal conversion, including by means of grafting-on; (b) relocation of vineyards; (c) improvements to vineyard management techniques. The normal renewal of vineyards which have come to the end of their natural life shall not be supported. 4. Support for the(ca) reducing the use of pesticides; (cb) replanting for health reasons, when no technical solution is available to save the production in place. The normal renewal of vineyards that is, the replanting of the same parcel of land with the same variety according to the same system of vine cultivation, when vines have come to the end of their natural life shall not be supported. Member States may lay down further specifications, especially as regards the age of the vineyards replaced. 4. Support for improving wine production systems and for restructuring and conversion of vineyards may only take the following forms: (a) compensation to producers for the loss of revenue due to the implementation of the measure; (b) contribution to the costs of restructuring and conversion. 5. Compensation to producers for the loss of revenue referred to in point (a) of paragraph 4 may cover up to 100 % of the relevant loss and take one of the following forms: (a) notwithstanding Subsection II of Section V of Chapter III of Title I of Part II of Regulation (EUC) No [COM(2010)799] 1234/2007setting out the transitional planting right regime, the permission for old and new vines to coexist until the end of the transitional regime for a maximum period which shall not exceed three years; (b) financial compensation. 6. The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In less developed regions the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.
Amendment 39 #
Proposal for a regulation
Article 45
Article 45
Article 45 Article 45 Green harvesting Green harvesting 1. For the purposes of this Article, green harvesting shall mean the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero. Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered to be green harvesting. 2. Support for green harvesting shall contribute to improving the quality of the grapes and to restoring the balance of supply and demand in the Union wine market in order to prevent market crises. 3. Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned. The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal. 4. The Member States concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3.
Amendment 40 #
Proposal for a regulation
Article 47
Article 47
Article 47 Article 47 Harvest insurance Harvest insurance 1. Support for harvest insurance shall contribute to safeguarding producers’ incomes and to covering market losses incurred by producer organisations and/or their members where these are affected by natural disasters, adverse climatic events, diseases or pest infestations. The beneficiaries must prove that they have taken the necessary risk prevention measures. 2. Support for harvest insurance may be granted in the form of a Union financial contribution which shall not exceed: (a) 80 % of the cost of the insurance premiums paid for by producers, producer organisations and/or cooperatives for insurance against losses resulting from adverse climatic events which can be assimilated to natural disasters; (b) 50 % of the cost of the insurance premiums paid for by producers for insurance against: (i) losses referred to in point (a) and against other losses caused by adverse climatic events; (ii) losses caused by animals, plant diseases or pest infestations. 3. Support for harvest insurance may be granted if the insurance payments concerned do not compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers may have obtained from other support schemes related to the insured risk. 4. Support for harvest insurance shall not distort competition in the insurance market.
Amendment 41 #
Proposal for a regulation
Article 48
Article 48
Article 48 Article 48 Investments Investments 1. Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure, and marketing of wine which improve the overall performance of the enterprise anddistilleries, as well as marketing structures and tools, including the registration of collective marks. These investments shall be intended to improve the overall performance of the enterprise and its adaptation to market demands, as well as to increase its competitiveness on the internal market and in third country markets, and shall concern one or more of the following: (a) the production or marketing of grapevine products referred to in Part II of Annex VI; (b) the development of new products, processes and technologies concerning the products referred to in Part II of Annex VI. (ba) the development of advanced agronomic and sustainable production measures; (bb) processing of by-products of distilleries or investment which helps to improve their energy savings and their global energy efficiency. 2. Support under paragraph 1 at its maximum rate shall apply only to producer organisations and to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises. By way of derogation from the first subparagraph, the maximum rate may apply to all enterprises for the outermost regions referred to in Article 349 of the Treaty and the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006 . For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved. Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty. 3. The eligible expenditure shall exclude the non-eligible costs referred to in paragraph 3 of Article 59 of Regulation (EU) No [COM(2011)615]. 4. The following maximum aid rates concerning the eligible investment costs shall apply to the Union contribution: (a) 50 % in less developed regions; (b) 40 % in regions other than less developed regions; (c) 75 % in the outermost regions referred to in Article 349 of the Treaty; (d) 65 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006. 5. Article 61 of Regulation (EU) No [COM(2011)615] shall apply mutatis mutandis to support referred to in paragraph 1 of this Article.
Amendment 42 #
Proposal for a regulation
Article 49
Article 49
Article 49 Article 49 By-product distillation By-product distillation 1. Support may be granted for the voluntary or obligatory distillation of by- products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex VII. The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by- products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced. 2. The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission by means of implementing acts pursuant to Article 51. 3. The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes to avoid distortion of competition. 3a. 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.
Amendment 43 #
Proposal for a regulation
Article 50
Article 50
Article 50 Article 50 Delegated powers Delegated powers Taking into account the need to ensure that support programmes meet their objectives and that there is a targeted use of European Funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, establishing rules: (a) on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; (b) on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; (c) on changes to support programmes after they have become applicable; (d) on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; (e) containing general provisions and definitions for the purposes of this Section; (f) to avoid misuse of the support measures and double funding of projects; (g) under which producers shall withdraw the by-products of winemaking and exceptions from this obligation to avoid additional administrative burden and rules for the voluntary certification of distillers; (h) laying down requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; (i) regarding payments to beneficiaries and payments through insurance intermediaries in the case of support for harvest insurance provided for in Article 47.
Amendment 44 #
Proposal for a regulation
Article 52
Article 52
Article 52 Article 52 National programmes and financing 1. Member States may draw up national programmes for the apiculture sector covering a period of three years. These programmes shall be developed in cooperation with representative organisations and cooperatives in the beekeeping field. 2. The Union contribution to the apiculture programmes shall not exceed 560 % of the expenditure borne by Member States. 3. To be eligible for the Union contribution provided for in paragraph 2, Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory. establish a reliable beehive identification system which makes it possible to perform regular censuses of bee populations and shall carry out a study of the production and marketing structure in the beekeeping sector in their territory. 3a. The following measures may be included in apiculture programmes: (a) technical assistance to beekeepers and beekeepers’ organisations; (b) combating beehive invaders and diseases, particularly varroosis; (c) rationalisation of transhumance; (d) measures to support laboratories for the analysis of apiculture products with the aim of helping beekeepers to market and increase the value of their products; (e) monitoring of the bee population of the Union and support for restocking; (f) cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products; (g) market monitoring; (h)enhancement of product quality with a view to exploiting the potential of products on the market; (i) compulsory labelling with the country of origin of apiculture projects imported or produced in the Union and, in the case of mixtures or products of different origins, compulsory labelling with the proportion of each country of origin. 3b. In the case of farmers who are also beekeepers, the following measures may also be included in apiculture programmes: (a) precautionary measures, including those improving bee health and reducing negative impacts on them, through the use of alternatives to pesticide use, biological control methods and integrated pest management; (b) specific measures to increase plant diversity on farm, particularly melliferous plant species for apiculture
Amendment 45 #
Proposal for a regulation
Article 53
Article 53
Article 53 Article 53 Delegated powers Delegated powers Taking into account the need to ensure a targeted use of Union funds for apiculture, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on: (a) additional requirements for the measures which may be included in apiculture programmes, (b) rules for drawing up and the content of national programmes and the studies referred to in Article 52(3); and (c) the conditions for the allocation of the Union's financial contribution to each participating Member State based on inter alia total number of hives in the Union.
Amendment 46 #
Proposal for a regulation
Part II – Title I – Chapter II – Section 5 a (new)
Part II – Title I – Chapter II – Section 5 a (new)
Amendment 47 #
Proposal for a regulation
Article 55
Article 55
Article 55 Article 55 Scope Scope Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products. Those rules are divided between obligatory rules and optional reserved terms.
Amendment 48 #
Proposal for a regulation
Article 56
Article 56
Article 56 Article 56 Conformity with the general marketing standard standard 1. For the purposes of this Regulation a product complies with the "general marketing standard" if it is of sound, fair and marketable quality. 2. Where no marketing standards as referred to in Subsection 3 and in Council Directives 2000/36/EC , 2001/112/EC , 2001/113/EC , 2001/114/EC , 2001/110/EC , 2001/111/EC , have been established, agricultural products which are ready for sale or delivery to the final consumer in retail as defined in point 7 of Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard. 3. AWithout prejudice to any additional Union requirements in the sanitary, commercial, ethical or any other field, a product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard adopted by any of the international organisations listed in Annex V. 3a. This Regulation does not prevent the Member States from adopting or maintaining national provisions on aspects of marketing which are not specifically harmonised by this Regulation. Moreover, Member States may adopt or maintain national rules on marketing standards for sectors or products to which the general marketing standard applies, provided that those rules comply with Union law and with the rules on the functioning of the internal market.
Amendment 49 #
Proposal for a regulation
Article 57
Article 57
Article 57 Article 57 Delegated powers Delegated powers 1. Taking into account the need to address changes in the market situation, and the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to adopt, detailed rules concerning the general marketing standard, and to modify and derogate from the requirements concerning general marketing standard referred to in Article 56(1), and rules on2. The Commission shall adopt delegated acts in accordance with Article 160 laying down the conditions for implementing and monitoring the conformity as referred to in Article 56(3), taking into account the need to avoid lowering the general marketing standard to the point where the quality of European products starts to decline.
Amendment 50 #
Proposal for a regulation
Article 59
Article 59
Article 59 Article 59 Establishment and content 1. Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards, only for a limited period and in exceptional cases, in order to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relevant international standards and avoid creating obstacles to product innovation. Any derogation or exemption made in this way must not entail additional costs which would be borne solely by farmers. 1a. However, the Commission's power to modify derogations and exemptions from existing marketing standards shall not apply to Annex VII. 2. The marketing standards referred to in paragraph 1 may coverinclude one or more of the following elements: (a) the definition, designation and/or sales descriptions other than those set out in this Regulation and lists of carcasses and parts thereof to which Annex VI applies, except for products of the wine sector; (b) classification criteria such as grading into classes, weight, sizing, age and category; (c) the species, plant variety or animal race or the commercial type; (d) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms, except for products of the wine sector; (e) criteria such as appearance, consistency, conformation, product characteristics; (f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification; (g) the type of farming and production method including oenological practicesagronomic and advanced systems of sustainable production and related administrative rules, and operating circuit; (h) coupage of must and wine including definitions thereof, blending and restrictions thereof; (i) the conservation method and temperature; (j) the place of farming and/or origin; (k) the frequency of collection, delivery, preservation and handling; (l) the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed; (m) the percentage of water content; (n) restrictions as regards the use of certain substances and/or practices; (o) specific use; (p) commercial documents, accompanying documents and registers to be kept; (q) storage, transport; (r) the certification procedure; (s) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 and/or with the definitions, designations and sales descriptions as referred to in Article 60, as well as the disposal of by- products; (t) time limits. 3. The marketing standards by sectors or products adopted pursuant to paragraph 1 shall be established without prejudice to Title IV of Regulation (EU) No [COM(2010)733] on agricultural product quality schemesthe provisions on optional reserved terms of Article 65a and Annex VIIa, and shall take into account: (a) the specificities of the product concerned; (b) the need to ensure the conditions for a smooth placing of the products on the market; (c) the interest of producers in communicating the characteristics of their products and the interest of consumers toin receiveing adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical level; (d) the methods used for determining physical, chemical and organoleptic characteristics of the products; (e) the standard recommendations adopted by international bodie, after conducting an impact assessment evaluating in particular the costs and administrative burdens for operators, as well as the benefits offered to producers and the end consumer; (d) the methods used for determining physical, chemical and organoleptic characteristics of the products; (e) the standard recommendations adopted by international bodies. (ea) the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned; (eb) the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks.
Amendment 51 #
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Amendment 52 #
Proposal for a regulation
Article 59 b (new)
Article 59 b (new)
Amendment 53 #
Proposal for a regulation
Article 60
Article 60
Article 60 Article 60 Definitions, designations and sales descriptions for certain sectors and products products 1. The definitions, designations and sales descriptions provided for in Annex VI shall apply to the following sectors or products: (a) olive oil and table olives; (b) wine; (c) beef and veal; (d) milk and milk products intended for human consumption; (e) poultrymeat and eggs; (f) spreadable fats intended for human consumption. 2. Definitions, designations or sales descriptions provided for in Annex VI may be used in the Union only for the marketing of a product which complies with the corresponding requirements laid down in that Annex. 3. Taking into account the need to adapt to evolving consumer demands, and technical progress and to avoid creating obstacles to product innovation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VI.
Amendment 54 #
Proposal for a regulation
Article 61
Article 61
Article 61 Article 61 Tolerance Tolerance 1. Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerance for each specific standard beyond which the entire batch of products shall be considered as not respecting that standard. This tolerance defined on the basis of thresholds shall not alter the intrinsic characteristics of the product and shall apply only to weight, size and other minor criteria. 2. Member States may adopt or maintain additional national legislation on products covered by a Union marketing standard, provided that these provisions comply with Union law, particularly the principle of free movement of goods. Or. en (The first paragraph of the com document is renumbered in the amendment)
Amendment 55 #
Proposal for a regulation
Article 62
Article 62
Article 62 Article 62 Oenological practices and methods of analyses analyses 1. Only oenological practices authorised in accordance with Annex VII and provided for in point (g) of Article 59(2) and in paragraphs 2 and 3 of Article 65 shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union. The first subparagraph shall not apply to: (a) grape juice and concentrated grape juice; (b) grape must and concentrated grape must intended for the preparation of grape juice. Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product. Products listed in Part II of Annex VI shall be produced in the Union in accordance with the rules laid down in Annex VII. Products listed in Part II of Annex VI shall not be marketed in the Union where: (a) they have undergone unauthorised Union oenological practices or (b) they have undergone unauthorised national oenological practices or (c) they do not comply with the rules laid down in Annex VII. 2. When authorisingThese unmarketable products shall be destroyed. By way of derogation from this rule, Member States may authorise the use of certain products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce by means of unauthorised oenological practices. 2. When making proposals on oenological practices for wine as referred to in point (g) of Article 59(2)aragraph 1, the Commission shall: (a) base itself ontake into account the oenological practices and methods of analyses recommended and published by the OIV as well as on the results of experimental use of as yet unauthorised oenological practices; (b) take into account the protection of human health; (c) take into account the possible risk of consumers being misled due to their expectations and percepwell established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks; (d) allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned; (e) ensure an acceptable minimum level of environmental care; (f) respect the general rules concerning oenological practices and the rules laid down in Annex VII. 3. The Commission shall, where necessary, adopt methods referred to in point (d) of Article 59(3) for products listed in Part II of Annex VI by means of implementing actsshall be adopted pursuant to Article 43(2) of the Treaty. Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the legitimate objective pursued. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2) by the Union. Pending the adoption of such ruleprovisions, the methods and rules to be used shall be those allowed by the Member State concerned.
Amendment 56 #
Proposal for a regulation
Article 65
Article 65
Article 65 Article 65 National rules for certain products and sectors sectors 1. Notwithstanding the provisions of Article 59(1), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability. Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non- discriminatory way, use terms which state that those criteria are complied with. 2. Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines. 3. Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4. 4. Taking into account the need to ensure the correct and transparent application, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 specifying the conditions for the application of paragraphs 1, 2 and 3 of this Article as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article. 4a. Member States may adopt or maintain marketing standards for sectors or products, provided that these measures are consistent with Union law.
Amendment 57 #
Proposal for a regulation
Part II – Title II – Chapter I – Section 1 – Subsection 3 a (new)
Part II – Title II – Chapter I – Section 1 – Subsection 3 a (new)
Amendment 58 #
Proposal for a regulation
Article 66
Article 66
Article 66 Article 66 General provisions General provisions Taking into account the specificities in trade between the Union and certain third countries and, the special character of some agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 160and the need to ensure that consumers are not misled due to their well established perception of the products, and to their corresponding expectations, measures may be adopted pursuant to Article 43(2) of the Treaty to define the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards and conditions allowing derogation from Article 58 and determine the rules concerning the application of the marketing standards to products exported from the Union.
Amendment 59 #
Proposal for a regulation
Article 67
Article 67
Article 67 Article 67 Special provisions for the imports of wine wine 1. Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter and in the definitions, designations and sales descriptions referred to in Article 60 of this Regulation, shall apply to products imported into the Union and falling under CN codes 2009 61, 2009 69 and 2204. 2. Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices recommended and published by the OIV or authorised by the Union pursuant to this Regulation. Measures derogating from this paragraph shall be adopted in accordance with Article 43(2) of the Treaty. 3. The import of the products referred to in paragraph 1 shall be subject to the presentation of: (a) a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the Commission, in the product’s country of origin; (b) an analysis report drawn up by a body or department designated by the product’s country of origin, in so far as the product is intended for direct human consumption.
Amendment 60 #
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Article 67a Delegated powers The Commission shall be empowered to adopt delegated acts in accordance with Article 160 in order to lay down: (a) rules for the interpretation and enforcement of the definitions and sales descriptions provided for in Annex VI; (b) rules on the national procedures concerning the withdrawal and destruction of wine products that do not comply with the requirements of this Regulation.
Amendment 61 #
Proposal for a regulation
Article 68
Article 68
Article 68 Article 68 Implementing powers in accordance with the examination procedure with the examination procedure The Commission may, by means of implementing acts, adopt the necessary measures related to this Section and in particular: (a) for the implementation of the general marketing standard; (b) for the implementation of the definitions and sales descriptions provided for in Annex VI;: (c) for drawing up the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VI and spreadable fats referred to in point (a) of the sixth paragraph of Part VI of Annex VI, on the basis of indicative lists of products which Member States regard as corresponding in their territory to those provisions and which Member States shall send to the Commission; (d) for the implementation of the marketing standards by sector or product, including the detailed rules for the taking of samples and the methods of analysis for determining the composition of products; (e) for determining whether products have undergone processes contrary to the authorised oenological practices; (f) for fixing of the tolerance level; (g) for the implementation of Article 66. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 62 #
Proposal for a regulation
Article 69
Article 69
Article 69 Article 69 Scope Scope 1. Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VI. 2. The rules referred to in paragraph 1 shall be based on: (a) protecting of legitimate interests of consumers and producers; (b) ensuring the smooth operation of the internal market in the products concerned; and (c) promoting the production of products under quality productschemes, whilst allowing national quality policy measures.
Amendment 63 #
Proposal for a regulation
Article 70
Article 70
Amendment 64 #
Proposal for a regulation
Article 71
Article 71
Article 71 Article 71 Applications for protection Applications for protection 1. Applications for protection of names as designations of origin or geographical indications shall include a technical file containing: (a) the name to be protected; (b) the name and address of the applicant; (c) a product specification as referred to in paragraph 2; and (d) a single document summarising the product specification referred to in paragraph 2. 2. The product specification shall enable interested parties to verify the relevant conditions of production of the designation of origin or geographical indication. Such product specification shall at least consist of: (a) the name to be protected; (b) a description of the wine(s) and, in particular; (i) for wines with a designation of origin, its principal analytical and organoleptic characteristics; (ii) for wines with a geographical indication, its principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics; (c) where applicable, the specific oenological practices used to make the wine(s) as well as the relevant restrictions on making the wine(s); (d) the demarcation of the geographical area concerned; (e) the maximum yields per hectare; (f) an indication of the wine grape variety or varieties from which the wine(s) is obtained from; (g) the details proving that the requirements referred to in Article 70(1)(a) or, as the case may be, in Article 70(1)(b)(i), have been complied with; (h) any applicable requirements concerning the production of the product with a PDO or a PGI laid down in Union or national legislation or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication; (i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks. The requirements referred to in point (h) of the second subparagraph shall be objective, non-discriminatory and compatible with Union law. 3. Where the application for protection concerns a geographical area in a third country, in addition to the elements provided for in paragraphs 1 and 2, it shall contain a proof that the name concerned is protected in its country of origin.
Amendment 65 #
Proposal for a regulation
Article 73
Article 73
Article 73 Article 73 Preliminary national procedure Preliminary national procedure 1. Applications for protection of a designation of origin or a geographical indication as referred to in Article 71 for wines originating in the Union shall be subject to a preliminary national procedure. 1a. The application for protection shall be filed with the Member State on the territory of which the designation of origin or geographical indication originates. The Member State shall examine the application for protection in order to verify whether it meets the conditions laid down in this Subsection. The Member State shall ensure the adequate publication at national level of the application and provide for a period of at least two months from the date of publication within which written obligations to the proposed protection may be lodged. Such objections shall be in the form of a duly substantiated statement and may be made by any natural or legal person resident or established on the territory of the Member State, having a legitimate interest. 2. If the Member State considers that the designation of origin or the geographical indication does not meet the requirementscomply with the conditions laid down in this Subsection or is incompatible with Union law, it shall reject the application. 3. If the Member State considers that the requirements are met, it shall carry out a national procedure which ensuresconditions laid down in this Subsection are complied with, it shall: (a) ensure adequate publication, at least on the Internet, of the product specification referred to in point (d) of Article 71(1); (b) submit to the Commission an application for protection containing the following information: (i) the name and address of the applicant; (ii) the single document referred to in Article 71(1)(d); (iii) a dequate publication of the product specification at least on the Internetclaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and (iv) the reference to the publication made pursuant to point (a). The information referred to in point (b) of the first subparagraph shall be forwarded in one of the official languages of the Union or accompanied by a certified translation into one of those languages.
Amendment 66 #
Proposal for a regulation
Article 79
Article 79
Article 79 Article 79 Relationships with trademarks Relationships with trademarks 1. WThe registration of a trade mark which contains a designation of origin or a geographical indication is protected under this Regulation, the registration of a trade markor which is constituted by such a designation or indication, the use of which falls under Article 80(2) and relating to a product falling under one of the categories listed in Part II of Annex VI shall be refused if the application for registration of the trade mark is submitted after the date of submissionlodging of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected. Trade marks registered in breach of the first subparagraph shall be invalidated. 2. Without prejudice to Article 78(2), a trade mark the use of which falls under Article 80(2), which has been applied for, registered or established by use in good faith, if that possibility is provided for by the legislation concerned, in the territory of the Union either before the date on which the application forf protection of the designation of origin or geographical indication is submitted to the Commissionn the country of origin, or before 1 January 1996, may continue to be used and renewed notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark’s invalidity or revocation exist under Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks or by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark. In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trade marks.
Amendment 67 #
Proposal for a regulation
Article 82
Article 82
Article 82 Article 82 Amendments to product specifications 1. An applicant satisfying the conditions laid down pursuant to point (b) ofin Article 86(4)72 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area concerned. Applications shall describe and give reasons for the amendments requested. referred to in point (d) of the second subparagraph of Article 71(2). Applications shall describe and state reasons for the amendments requested. By way of derogation from paragraph 1, Member States or third countries concerned, or their competent authority, may apply for approval of an amendment to the product specification of existing protected wine names in accordance with Article 84(1). 1a. Where the proposed amendment involves one or more amendments to the single document referred to in Article 71(1)(d), Articles 73 to 76 shall apply mutatis mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission shall, by means of implementing acts, decide whether to approve the application without following the procedure laid down in Article 74(2) and Article 75 and, in the event of approval, shall publish the elements referred to in Article 74(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). 1b. Where the proposed amendment does not involve any change to the single document, the following rules shall apply: (a) where the geographical area concerned is in a given Member State, that Member State shall decide on the amendment and, in the event of approval, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them; (b) where the geographical area concerned is in a third country, the Commission shall, by means of implementing acts, decide whether to approve the proposed amendment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 68 #
Proposal for a regulation
Article 84
Article 84
Article 84 Article 84 Existing protected wine names 1. Wine names, which are protected in accordance with referred to in Articles 51 and 54 of Council Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002, shall be automatically be protected under this Regulation. The Commission shall list them in the register provided for in Article 81 of this Regulation. 2. The Commission shall take the corresponding formal step ofmay adopt implementing acts removing wine names to which Article 1918s(3) of Regulation (EUC) No [COM(2010)799]1234/2007 applies from the register provided for in Article 81 by means of. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). 3. Article 83 shall not apply to existing protected wine names referred to in paragraph 1 of this Article. Until 31 December 2014 the Commission may, on its own initiative, by means of implementing acts, decide to cancel protection of existing protected wine names referred to in paragraph 1 of this Article if they do not meet the conditions laid down in Article 70. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). 4. For Croatia, the wine names published in the Official Journal of the European Union shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 81. Or. en (The Commission text is based on COM (2012) 535)
Amendment 69 #
Proposal for a regulation
Article 86
Article 86
Article 86 Article 86 Delegated powers Delegated powers 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 5 of this Article. 2. Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt: (a) the principleadditional details for the demarcation of the geographical area, and (b) the definitions, restrictions and derogations concerning the production in the demarcated geographical area. 3. Taking into account the need to ensure product quality and traceability, the Commission may, by means of delegated acts, provide for the conditions under which product specifications may include additional requirements. 4. Taking into account the need to ensure the legitimate rights and interests of producers or operators, the Commission may, by means of delegated acts, adopt rules on: (a) the elements of the product specification; (b) the type of applicant that may apply for the protection of a designation of origin or geographical indication; (c) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, preliminary national procedures, scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications; (d) the conditions applicable to trans- border applications; (e) the conditions for applications concerning geographical areas in a third country; (f) the date from which a protection or an amendment of a protection shall apply; (g) the conditions related to amendments to product specifications. 5. Taking into account the need to ensure an adequate protection, the Commission may, by means of delegated acts, adopt restrictions regarding the protected name and the conditions under which an amendment is to be considered as minor within the meaning of Article 82(1a). 65. Taking into account the need to ensure that economic operators and competent authorities are not prejudiced by the application of this Subsection as regards wine names which have been granted protection prior to 1 August 2009 or for which an application for protection has been made prior to that date, the Commission may, by means of delegated acts, adopt transitional provisions concerning: (a) wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009 and wine names for which an application for protection has been made prior to that date; (b) preliminary national procedure; (c) wines placed on the market or labelled before a specific date; and (d) amendments to the product specificationsan adequate protection, the Commission may, by means of delegated acts, adopt restrictions regarding the protected name.
Amendment 70 #
Proposal for a regulation
Article 100 a (new)
Article 100 a (new)
Article 100a Duration With the exceptions of Article 101, paragraphs 1, 2b, 2d and 2e, and Article 101a, this section shall apply until the end of the 2019/2020 marketing year.
Amendment 71 #
Proposal for a regulation
Part II – Title II – Chapter II – Section 1 – Subsection 1 (new)
Part II – Title II – Chapter II – Section 1 – Subsection 1 (new)
SUBSECTION 1 SPECIFIC MEASURES
Amendment 72 #
Proposal for a regulation
Article 101
Article 101
Article 101 Article 101 Sugar sector agreements 1. The terms for buying sugar beet and sugar cane, including pre-sowing delivery agreemencontracts, shall be governed by written agreements within the trade concluded between Union growers of sugar beet and sugar cane and Union sugar undertakingor, on their behalf, the organisations of which they are members, and Union sugar undertakings or, on their behalf, the organisations of which they are members. 2a. Taking into account the specificities of the sugar sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on the conditions of the agreements referred to in paragraph 1 of this Article. In delivery contracts, a distinction shall be made according to whether the quantities of sugar to be manufactured from sugar beet will be: (a) quota sugar; or (b) out-of-quota sugar. 2b. Each sugar undertaking shall provide the Member State in which it produces sugar with the following information: (a) the quantities of beet referred to in point (a) of paragraph 2a, for which they have concluded pre-sowing delivery contracts and the sugar content on which those contracts are based; (b) the corresponding estimated yield. Member States may require additional information. 2c. Sugar undertakings which have not signed pre-sowing delivery contracts at the minimum price for quota beet, as provided for in Article 101g, for a quantity of beet equivalent to the sugar for which they hold a quota, adjusted, as the case may be, by the coefficient for a preventive withdrawal fixed pursuant to the first subparagraph of Article 101d(2), shall be required to pay at least the minimum price for quota beet for all the sugar beet they process into sugar. 2d. Subject to the approval of the Member State concerned, agreements within the trade may derogate from paragraphs 2a, 2b and 2c. 2e. If no agreements within the trade exist, the Member State concerned shall take the necessary steps compatible with this Regulation to protect the interests of the parties concerned.
Amendment 73 #
Proposal for a regulation
Article 101 a (new)
Article 101 a (new)
Amendment 74 #
Proposal for a regulation
Article 101 b (new)
Article 101 b (new)
Article 101b Production charge 1. A production charge shall be levied on the sugar quota, the isoglucose quota and the inulin syrup quota held by undertakings producing sugar, isoglucose or inulin syrup as referred to in Article 101h(2) and on the out-of-quota quantities referred to in Article 101l(1)(e). 2. The production charge shall be set at EUR 12.00 per tonne of quota sugar and quota inulin syrup. For isoglucose, the production charge shall be set at 50% of the charge applicable to sugar. 3. The totality of the production charge paid in accordance with paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quota held during the marketing year concerned. Payments shall be made by the undertakings by the end of February of the relevant marketing year at the latest. 4. Union sugar and inulin syrup undertakings may require sugar-beet or sugar-cane growers or chicory suppliers to bear up to 50% of the production charge concerned.
Amendment 75 #
Proposal for a regulation
Article 101 c (new)
Article 101 c (new)
Article 101c Production refund 1. A production refund may be granted, until the end of the 2019/2020 marketing year, on the products of the sugar sector listed in points (b) to (e) of Part III of Annex I if surplus sugar or imported sugar, surplus isoglucose or surplus inulin syrup is not available at a price corresponding to the world price for the manufacturing of the products referred to in Article 101m(2)(b) and (c). 2. The production refunds referred to in paragraph 1 shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2). 3. In order to take into account the specificities of the out-of-quota sugar market in the Union, the Commission shall be empowered to adopt delegated acts adopted in accordance with Article 160, to determine the conditions for the granting of the production refunds referred to in this section.
Amendment 76 #
Proposal for a regulation
Article 101 d (new)
Article 101 d (new)
Amendment 77 #
Proposal for a regulation
Article 101 da (new)
Article 101 da (new)
Amendment 78 #
Proposal for a regulation
Article 101 e (new)
Article 101 e (new)
Amendment 79 #
Proposal for a regulation
Part II – Title II – Chapter II – Section 1 – subsection 1 a (new)
Part II – Title II – Chapter II – Section 1 – subsection 1 a (new)
SUBSECTION 1a SYSTEM OF PRODUCTION REGULATION
Amendment 80 #
Proposal for a regulation
Article 101 f (new)
Article 101 f (new)
Amendment 81 #
Proposal for a regulation
Article 101 g (new)
Article 101 g (new)
Amendment 82 #
Proposal for a regulation
Article 101 h (new)
Article 101 h (new)
Amendment 83 #
Proposal for a regulation
Article 101 i (new)
Article 101 i (new)
Article 101i Approved undertakings 1. On request, Member States shall grant an approval to an undertaking producing sugar, isoglucose or inulin syrup or to an undertaking that processes these products into a product included in the list referred to in Article 101m(2) provided that the undertaking: (a) proves its professional production capacities; (b) agrees to provide any information and to be subject to controls related to this Regulation; (c) is not subject to suspension or withdrawal of the approval. 2. The approved undertakings shall provide the Member State in whose territory the harvest of beet, cane or the refining takes place, with the following information: (a) the quantities of beet or cane for which a delivery contract has been concluded, as well as the corresponding estimated yields of beet or cane, and sugar per hectare; (b) data regarding provisional and actual sugar beet, sugar cane and raw sugar deliveries, and regarding sugar production and statements of sugar stocks; (c) the quantities of white sugar sold and the corresponding prices and conditions.
Amendment 84 #
Proposal for a regulation
Article 101 j (new)
Article 101 j (new)
Article 101j Adjustment of the national quotas The Commission may, by means of delegated acts adopted in accordance with Article 160, adjust the quotas that appear in Annex IIIb following decisions taken by the Member States in accordance with Article 101k.
Amendment 85 #
Proposal for a regulation
Article 101 k (new)
Article 101 k (new)
Article 101k National quota reallocation and reduction of quotas 1. A Member State may reduce the sugar or isoglucose quota as allocated to an undertaking established on its territory by up to 10%. In doing so, the Member States shall apply objective and non discriminatory criteria. 2. Member States may transfer quotas between undertakings in accordance with the rules laid down in Annex IIIc and taking into consideration the interests of each of the parties concerned, particularly sugar beet and cane growers. 3. The quantities reduced pursuant to paragraphs 1 and 2 shall be allocated by the Member State in question to one or more undertakings on its territory, whether or not holding a quota.
Amendment 86 #
Proposal for a regulation
Article 101 l (new)
Article 101 l (new)
Amendment 87 #
Proposal for a regulation
Article 101 m (new)
Article 101 m (new)
Article 101m Industrial sugar 1. Industrial sugar, industrial isoglucose or industrial inulin syrup shall be reserved for the production of one of the products referred to in paragraph 2 when: (a) it has been subject to a delivery contract concluded before the end of the marketing year between a producer and a user which have both been granted approval in accordance with Article 101i; and (b) it has been delivered to the user by 30 November of the following marketing year at the latest. 2. In order to take account of technical developments, the Commission may, by means of a delegated act adopted in accordance with Article 160, draw up a list of products for the production of which industrial sugar, industrial isoglucose or industrial inulin syrup may be used. The list shall in particular, include: (a) bioethanol, alcohol, rum, live yeast and quantities of syrups for spreading and those to be processed into “Rinse appelstroop”; (b) certain industrial products without sugar content but the processing of which uses sugar, isoglucose or inulin syrup; (c) certain products of the chemical or pharmaceutical industry which contain sugar, isoglucose or inulin syrup.
Amendment 88 #
Proposal for a regulation
Article 101 n (new)
Article 101 n (new)
Amendment 89 #
Proposal for a regulation
Article 101 o (new)
Article 101 o (new)
Amendment 90 #
Proposal for a regulation
Article 101 p (new)
Article 101 p (new)
Amendment 91 #
Proposal for a regulation
Article 101 q (new)
Article 101 q (new)
Article 101q Implementing powers With regard to the undertakings referred to in Article 101(i), the Commission may, by means of implementing acts adopted in accordance with Article 162(2), establish rules concerning: (a) applications for approval by undertakings, the records to be kept by approved undertakings, the information to be submitted by approved undertakings; (b) the system of checks to be carried out by Member States on approved undertakings; (c) Member States’ communications with the Commission and with approved undertakings; (d) the delivery to undertakings of raw materials, including delivery contracts and delivery notes; (e) equivalence regarding sugar referred to in Article 101l(1)(a); (f) the specific supply regime for the outermost regions; (g) exports as referred to in Article 101l(1)(d); (h) Member State cooperation to ensure effective checks; (i) modifying the dates laid down in Article 101n; (j) the establishment of the surplus quantity, the communications and payment of the surplus levy referred to in Article 101o. (k) the release of the out-of-quota sugar referred to in Article 101l(1)(e) onto the internal market; (l) the adoption of a list of full-time refiners pursuant to Annex II, Part Ia, point 12.
Amendment 92 #
Proposal for a regulation
Article 104
Article 104
Amendment 93 #
Proposal for a regulation
Article 104a (new)
Article 104a (new)
Amendment 94 #
Proposal for a regulation
Article 105
Article 105
Amendment 95 #
Proposal for a regulation
Article 105a (new)
Article 105a (new)
Amendment 96 #
Proposal for a regulation
Article 105b (new)
Article 105b (new)
Amendment 97 #
Proposal for a regulation
Article 106
Article 106
Article 106 Article 106 Producer organisations Producer organisations Member States shall recognise, on request, producer organisations, which: (a) are constituted by producand controlled by farmers in any of the sectors listed in Article 1(2); (b) are formed on the initiative of the producfarmers; (c) pursue a specific aim which mayshall include at least one of the objectives listed in points i), ii) or iii) and may include one or more of the following other objectives: (i) ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity; (ii) concentration of supply and the placing on the market of the products produced by its members, especially through direct sales; (iii) optimising production costs and, stabilising producer prices; (iv) carrying out research into sustainable production method, notably with regard to the compensation received for costs of investments for issues such as environment and animal welfare, and contributing to reasonable prices for consumers; (iv) carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments; (v) promoting and providing technical assistance for the use of environmentally sound cultivation practices and production techniques, production techniques and sound animal welfare practices and techniques; (va) promoting and providing technical assistance for the use of production standards, improving product quality and developing products with a protected designation of origin, a protected geographical indication or covered by a national quality label. (vb) establishing stricter production rules than those laid down at Union or national level; (vi) the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity; and (vii) contributing to a sustainable use of natural resources and to climate change mitigation; (d) do not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of(viia) developing initiatives in the area of promotion and marketing; (viib) managing the mutual funds referred to in Article 37 of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD); (viic) implementing crisis-prevention and crisis-management instruments, notably through private storage, processing, promotion, promotional sales and, as a last resort, through market withdrawal; (viid) providing the necessary technical assistance for the use of the futures markets and of insurance schemes; (viie) negotiating, on their own behalf or where applicable on behalf of their members, input supply contracts with operators in upstream sectors; (viif) negotiating, on their own behalf or where applicable on behalf of their members, contracts for the delivery of agricultural products and agrifoodstuffs, with operators in downstream sectors; (da) market the products excluded by CN code ex 22.08 referred to in Annex I to the Treaty, provided that the proportion of such products sold which are not covered by Annex I does not exceed 49% of the total volume marketed, without this leading to the forfeiture of official status as a producer organisation in the Treatycognised agricultural sector.
Amendment 99 #
Proposal for a regulation
Article 106a (new)
Article 106a (new)
Amendment 101 #
Proposal for a regulation
Article 106b (new)
Article 106b (new)
Amendment 103 #
Proposal for a regulation
Article 106c (new)
Article 106c (new)
Article 106c Outsourcing Member States may permit a recognised producer organisation or a recognised association of producer organisations to outsource any of its activities other than production, including to subsidiaries, provided that it provides sufficient evidence to the Member State concerned that doing so is an appropriate way to achieve the objectives of the producer organisation or association of producer organisations concerned and that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the provision of the activity. In particular, the organisation or association must retain the power to issue binding instructions to its agent in respect of the activities entrusted to it.
Amendment 105 #
Proposal for a regulation
Article 107
Article 107
Article 107 Article 107 Associations of producer organisations Member States shallmay recognise, on request, associations of producer organisations in any of the specific sectors listed in Article 1(2) which are formed on the initiative of recognised producer organisations. Subject to the rules adopted pursuant to Article 114, associations of producer organisations may carry out any of the activities or functions of producer organisations.
Amendment 107 #
Proposal for a regulation
Article 108
Article 108
Article 108 Article 108 Interbranch organisations Interbranch organisations 1. Member States shallmay recognise, on request, interbranch organisations in any of the sectors listed in Article 1(2) which have formally requested recognition and: (a) are constituted of representatives of economic activities linked to the production of, trade in, and/or processing ofand to at least one of the following stages of the supply chain: the processing of or trading of, including distribution of, products in one or more sectors; (b) are formed on the initiative of all or some of the organisations or associations which constitute them; (c) pursue a specific aimba) concern products or groups of products not covered by a previously recognised interbranch organisation; (c) pursue a specific aim taking account of the interests of their members and of consumers, which may include at leastin particular one of the following objectives: (i) improving knowledge and the transparency of production and the market, including by publication of statistical data on the priceproduction costs, prices, including where appropriate price indicators, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional or national level, national or international level; (ia) facilitating advance knowledge of production potential, and recording market prices; (ii) helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies; (iii) drawing up standard forms of contract compatible with Union rules; (iv) exploiting to a fuller extent the potential of the productsa) exploring potential export markets; (iii) without prejudice to provisions laid down in Articles 104a and 113a, drawing up standard forms of contract compatible with Union rules for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distorsions; (iv) exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation; (v) providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production, and where applicable the processing and/or marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the particular characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment; (vi) seeking ways of restricting the use of animal-health or plant protection products and, better managing other inputs and, ensuring product quality and soil and water conservation, enhancing food safety, in particular through traceability of products, and improving animal health and welfare; (vii) developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and/or marketing; (viiia) exploiting the potential of organic farming anddefining minimum qualities and defining minimum standards of packing and presentation; (viii) taking all possible actions to uphold, protecting and promoting suche organic farming as well asnd designations of origin, quality labels and geographical indications; (ix) promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; (x) encouraging healthymoderate and responsible consumption of the products andon the internal market and/or informing about the harm linked to hazardous consumption patterns; (xia) carrying out promotion actions, especially in third countriespromoting consumption and/or furnishing information concerning products on the internal market and external markets; (xia) implementing collective measures to prevent and manage the health, plant- protection and environmental risks and uncertainties linked to the production and, where applicable to the processing and/or marketing and/or distribution of agricultural and food products; (xib) contributing to the management of by-products and the reduction and management of waste. 2. For interbranch organisations in the olive oil and table olive and tobacco sectors, the specific aim referred to in point (c) of paragraph 1 may also include at least one of the following objectives: (a) concentrating and co-ordinating supply and marketing of the produce of the members; (b) adapting production and processing jointly to the requirements of the market and improving the product; (c) promoting the rationalisation and improvement of production and processing.
Amendment 109 #
Proposal for a regulation
Article 108a (new)
Article 108a (new)
Article 108a Recognition of interbranch organisations 1. Member States may recognise interbranch organisations applying for such recognition, provided that they: (a) meet the requirements laid down in Article 108; (b) carry out their activities in one or more regions in the territory concerned; (c) account for a significant share of the economic activities referred to in Article 108(1)(a); (d) with the exception of the cases laid down in Article 108(2), do not themselves engage in production, processing and/or trade. 2. Member States may decide that interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which fulfil the conditions laid down in paragraph 1 are deemed to be recognised as interbranch organisations pursuant to Article 108. 3. Interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which do not fulfil the conditions laid down in paragraph 1 of this Article may continue to exercise their activities under national law until 1 January 2015. 4. Where Member States recognise an interbranch organisation in accordance with paragraph 1 and/or 2, they shall: (a) decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; this application shall be lodged with the Member State where the organisation has its headquarters; (b) carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition; (c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and decide whether, if necessary, recognition should be withdrawn; (d) withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met; (e) inform the Commission once a year and no later than 31 March of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.
Amendment 110 #
Proposal for a regulation
Article 109
Article 109
Amendment 112 #
Proposal for a regulation
Article 109a (new)
Article 109a (new)
Amendment 113 #
Proposal for a regulation
Article 110
Article 110
Article 110 Article 110 Extension of rules Extension of rules 1. In cases where a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or economic areas of a Member State is considered to be representative of the production of or trade in or processing of a given product, the Member State concerned may, at the request of that organisation, make binding for a limited period of time some of the agreements, decisions or concerted practices agreed on within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups and not belonging to the organisation or association. 2. An “economic area” shall mean a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous. 3. An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State: (a) it accounts for, as a proportion of the volume of production or of trade in or of processing of the product or products concerned: (i) for producer organisations in the fruit and vegetables sector, at least 60%, or (ii) in other cases, at least two thirds, and (b) it accounts for, in the case of producer organisations, more than 50% of the producers concerned, and (ba) it accounts for, in the case of interbranch organisations, a significant share of the economic activities referred to in Article 108(1)(a) under the conditions laid down by the Member State. Where the request for extension of its rules to other operators covers more than one economic area, the organisation or association shall demonstrate the minimum level of representativeness as defined in the first subparagraph for each of the branches it groups in each of the economic areas concerned. 4. The rules for which extension to other operators may be requested as provided in paragraph 1 shall havepertain to one of the following aims: (a) production and market reporting; (b) stricter production rules than those laid down in Union or national rules; (c) drawing up of standard contracts which are compatible with Union rules; (d) rules on marketing; (e) rules on protectactivities meeting the objectives laid down in Article 106(c) or Article 108(1)(c). Those rules shall not cause any damage to other operators ing the environment; (f) measures to promote and exploit the potential of products; (g) measures to protect organic farming as well as designatMember State concerned or the Union and shall not have any of the effects listed in Article 145(4) or be otherwise incompatible with Unions of origin, quality labels and geographical indications; (h) research to add value to the products, in particular through new uses which do not pose a threat to public health; (i) studies to improve the quality of products; (j) research, in particular into methods of cultivation permitting reduced use of plant protectionr national rules in force. 4a. Where an interbranch organisation that has been recognised for one or more products exists, Member States shall not extend decisions and practices of the producer or ganimal health products and guaranteeing conservation of the soil and the environment; (k) definition of minimum qualities and definition of minimum standards of packing and presentation; (l) use of certified seed and monitoring of product quality. Those rules shall not cause any damage to other operators in the Member State concerned or the Union and shall not have any of the effects listed in Article 145(4) or be otherwise incompatible with Union or national rules in force. sations falling under the scope of the said interbranch organisation. 4b. The extension of the rules referred to in paragraph 1 shall be brought to the attention of operators by publication in extenso in an official publication of the Member State concerned. 4c.Member States shall inform the Commission each year, by 31 March at the latest, of any decisions taken under this Article.
Amendment 115 #
Proposal for a regulation
Article 111
Article 111
Article 111 Article 111 Financial contributions of non-members Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 110 and the activities covered by those rules are in the general economic interest of personeconomic operators whose activities relate to the products concerned, the Member State which has granted recognition may decide that individual, after consultation of all the relevant stakeholders, that individual economic operators or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.
Amendment 117 #
Proposal for a regulation
Article 112
Article 112
Article 112 Article 112 Measures to facilitate the adjustment of supply to market requirements 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 the live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectorssectors listed in Article 1(2), on measures: (a) to improve quality; (b) to promote better organisation of production, processing and marketing; (c) to facilitate the recording of market price trends; (d) to permit the establishment of short and long-term forecasts on the basis of the means of production used.
Amendment 119 #
Proposal for a regulation
Article 113
Article 113
Article 113 Article 113 Marketing rules to improve and stabilise the operation of the common market in wines wines 1. In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by the interbranch organisations recognised under Article 108. Such rules shall be proportionate to the objective pursued and shall not: (a) relate to any transaction after the first marketing of the produce concerned; (b) allow for price fixing, including where prices are set for guidance or recommendation; (c) render unavailable an excessive proportion of the vintage that would otherwise be available; (d) provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules. 1a. The rules provided for in paragraph 1 must be brought to the attention of operators by publication in extenso in an official publication of the Member State concerned. 1b. Member States shall inform the Commission each year, by 31 March at the latest, of any decisions taken under this Article.
Amendment 121 #
Proposal for a regulation
Part II – Title II – Chapter III – Section 3 a (new)
Part II – Title II – Chapter III – Section 3 a (new)
Amendment 122 #
Proposal for a regulation
Article 113b (new)
Article 113b (new)
Article 113b Contractual negotiations 1. A producer organisation for one of the sectors listed in Article 1(2)of this Regulation, recognised under Article 106, may negotiate on behalf of its producer members, in respect of part or all of their joint production, contracts for the delivery of agricultural products by a producer to a processor, an intermediary or a distributor. 2. The negotiations by the producer organisation may take place: (a) whether or not there is a transfer of ownership of the products concerned by the producers to the producer organisation, (b) whether or not the price negotiated is the same for the joint production of all of the producer members or only of some of them, (c) provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where producers hold two distinct production units located in different geographic areas; (d) provided that the products in question are not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and (e) provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the quantities of the agricultural products covered by such negotiations. 3. For the purposes of this Article, references to producer organisations shall also include associations of such producer organisations. 4. For negotiations covering more than one Member State, a decision on the negotiations shall be taken by the Commission, by means of an implementing act adopted without the application of Article 162(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate. The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.
Amendment 123 #
Proposal for a regulation
Article 114
Article 114
Article 114 Article 114 Delegated powers Delegated powers Taking into account the need to ensure that the objectives and responsibilities of producer organisations, operator organisations in the olive oil and table olives sector and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations, without imposing an undue burden, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 regarding producer organisations, associations of producer organisations, interbranch organisations and operator organisations on the following: (-a) the specific rules applicable in one or more of the sectors listed in Article 1(2) of this Regulation; (a) the specific aims which may, shall or shall not be pursued by such organisations and associations, including derogations fromand where applicable added to those laid down in Articles 106 to 109, (b) the rules of associaa) horizontal recommendations for interprofessional agreements concluded by the organisations pursuant to Article 108; (b) the statutes of organisations other than producer organisations, the recognition,specific conditions applicable to the statutes of producer organisations in certain sectors, the structure, legal personality, membership, size, accountability and activities of such organisations and associations, the requirement referred to in point (d) of Article 106 for recognition of a producer organisaeffects deriving from mergers; (ba) the conditions for recognition, withdrawal and suspension of recognition, that it does not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the effects deriving from recognition, withdrawal and suspension of recognition as well as requirements for such organisations and associations to take Treaty, the effects deriving from recognition, the withdrawalmedial measures in the event of non-respect of the recognition, and mergers criteria; (c) transnational organisations and associations including the rules referred to in points (a), (b) and (ba) of this Article; (d)ca) rules relating to the establishment and the conditions of administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation; (d) conditions for outsourcing of activities and the provision of technical means by organisations or associations; (e) the minimum volume or value of marketable production of organisations and associations; (f) the extension of certain rules of the organisations provided for in Article 110 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 111, including a list of the stricter production rules which may be extended under point (b) of the first subparagraph of Article 110(4), further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require, for a specific period, that the extension of rules or compulsory contributions shall be refused or withdrawn; (fa) the specific conditions for implementing contractual systems in the sectors referred to in Article 113a(1), in particular the thresholds laying down production volumes to which collective negotiations might apply; (fb) the conditions under which recognised producers may achieve collective horizontal and vertical agreements with competitors and food chain partners on including in prices the costs of investments in sustainable production.
Amendment 125 #
Proposal for a regulation
Article 115
Article 115
Article 115 Article 115 Implementing powers in accordance with the examination procedure The Commission may, by means of implementing acts, adopt the necessary measures concerning this Chapter, in particular on themeasures concerning: (a) implementation of the conditions for recognition of producer organisations and interbranch organisations set out in Articles 106b and 108a; (b) notifications to be made by the Member States to the Commission in accordance with Article 105a(8), 105b(7), Article 106b(4)(d) and Article 108a(4)(e); (c) procedures relating to administrative assistance in the case of transnational cooperation; (d) procedures and technical conditions as regards the implementation of the measures referred to in Articles 110 and 112, in particular the implementation of the concept of "economic area" as referred to in Article 110 (2). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 127 #
Proposal for a regulation
Article 116
Article 116
Article 116 Article 116 Other implementing powers 1. The Commission may, by means of implementing acts, adopt individual decisions regarding: (a) the recognition, the refusal or the repeal of recognition of organisations carrying out activities in more than one Member State, pursuant to the rules adopted under Article 114(c); (b) the refusal of or repeal of recogniextension of rules or compulsory contributions of interbranchthe organisations, repeal of the extension of rules or compulsory contributions, approval of, orferred to in point a) and their repeal. 1a. The Commission may, by means of implementing acts, adopt decisions con the amendment ofcerning the approval or modification of the economic areas notified by Member States pursuant toin application of the rules adopted under Article 114(fin accordance with Article 114(f). Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).
Amendment 129 #
Proposal for a regulation
Part II – Title II – Chapter III – Section 4 a (new)
Part II – Title II – Chapter III – Section 4 a (new)
SECTION 4a TRANSPARENCY AND MARKET INFORMATION Article 116 a European Food Price Monitoring Tool 1. In order to provide businesses and all public authorities with information concerning price formation throughout the food supply chain, and to facilitate the observation and recording of market trends, the Commission shall report regularly to the Council and to the European Parliament on the activities of the European Food Price Monitoring Tool and the results of the latter’s studies, and shall ensure that these results are made public. 2. With a view to the application of paragraph 1, and in conjunction with the work of the national statistical institutes and national price observatories, the European Food Price Monitoring Tool shall, without creating additional burdens for farmers, gather the statistical data and information needed to produce analyses and studies in particular on: (a) production and supply; (b) price formation mechanisms and, as far as possible, profit margins throughout the food supply chain in the EU and the Member States; (c) price trends and, as far as possible, profit margins at all levels of the food supply chain in the EU and the Member States and in all agricultural and agri- foodstuff sectors, particularly fruit and vegetables, milk and milk products and meat; (d) short- and medium-term market forecasts. For the purposes of this paragraph, the European Food Price Monitoring Tool shall study in particular exports and imports, farm gate prices, consumer prices, profit margins, costs of production, processing and distribution at all stages of the food supply chain in the EU and the Member States. 3. The information made public through the activities of the European Food Price Monitoring Tool shall be treated with confidentiality. The Commission shall ensure that it does not permit the identification of individual operators.
Amendment 130 #
Proposal for a regulation
Article 129 a (new)
Article 129 a (new)
Amendment 131 #
Proposal for a regulation
Article 130 a (new)
Article 130 a (new)
Article 130 a Import of raw sugar for refining: exclusive 3-month period for full-time refiners 1. Until the end of the 2019-2020 marketing year, an exclusive import capacity of 2 500 000 tonnes per marketing year, expressed in white sugar, is granted for full-time refiners. 2. The sole sugar beet processing plant at work in 2005 in Portugal is deemed to be a full-time refiner. 3. Import licences for sugar for refining shall be issued only to full-time refiners provided that the quantities concerned do not exceed the quantities referred to in paragraph 1. The licences may be transferred only between full-time refiners and their validity expires at the end of the marketing year for which they have been issued. This paragraph shall apply for the first three months of each marketing year. 4. Taking into account the need to ensure that imported sugar for refining is refined in accordance with this sub-section, the Commission may, by means of delegated acts in accordance with Article 160, adopt: (a) certain definitions for the operation of the import arrangements referred to in paragraph 1; (b) the conditions and eligibility requirements that an operator has to fulfil to lodge an application for an import licence, including the lodging of a security; (c) rules on administrative penalties to be charged. 5. The Commission may, by means of implementing acts in accordance with Article 162(2), adopt the necessary rules concerning the supporting documents to be supplied in connection with the requirements and obligations applicable to importers, and in particular to full-time refiners.
Amendment 132 #
Proposal for a regulation
Article 130 b (new)
Article 130 b (new)
Article 130 b Suspension of import duties in the sugar sector In compliance with the mechanism described in Article 101da and until the end of the 2019-2020 marketing year, the Commission may, by means of implementing acts, suspend import duties in whole or in part for certain quantities of the following products in order to guarantee the supply required for the European sugar market: (a) sugar falling within CN code 1701; (b) isoglucose falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 133 #
Proposal for a regulation
Article 133
Article 133
Article 133 Article 133 Scope Scope 1. To the extent necessary to enable exports on the basis of world market quotations or prices when conditions on the internal market fall under the scope of those described in Article 154(1) and within the limits resulting from agreements concluded in accordance with Article 218 of the Treaty, and in accordance with Article 3(5) of the Treaty of the European Union, the difference between those quotations or prices and prices in the Union may be covered by export refunds for: (a) the products of the following sectors to be exported without further processing: (i) cereals; (ii) rice; (iii) sugar, with regard to the products listed in points (b) to (d) and (g) of Part III of Annex I; (iv) beef and veal; (v) milk and milk products; (vi) pigmeat; (vii) eggs; (viii) poultrymeat; (b) the products listed in points (i) to (iii), (v), (vi) and (vii) of point (a) of this paragraph to be exported in the form of processed goods in accordance with Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products, including products exported in the form of goods not covered by Annex I to the Treaty, in accordance with Commission Regulation (EU) No 578/2010 of 29 June 2010, and in the form of the products containing sugar listed in point (b) of Part X of Annex I. 2. Export refunds on products exported in the form of processed goods shall not be higher than those applicable to the same products exported without further processing. 2a. Without prejudice to the application of Article 154(1) and Article 159, the refund available for the products referred to in paragraph 1 shall be EUR 0. 3. The Commission shall, by means of implementing acts, adopt necessary measures for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 134 #
Proposal for a regulation
Article 135
Article 135
Article 135 Article 135 Export refund fixation Export refund fixation 1. The same export refunds shall apply to the same products in the whole Union. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 218 of the Treaty make this necessary. 2. Measures on the fixing of refunds shall be taken by the Council in accordance with Article 43(3) of the Treaty. Refunds shall be fixed, for a limited period, by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2). They may be fixed by tendering procedures for cereals, rice, sugar and milk and milk products. 2a. One or more of the following aspects shall be taken into account when refunds for a certain product are being fixed: (a) the existing situation and the future trend with regard to: i) prices and availabilities of that product on the Union market, (ii) prices for that product on the world market. (b) the aims of the common market organisation which are to ensure equilibrium and the natural development of prices and trade on this market; (c) the need to avoid disturbances likely to cause a prolonged imbalance between supply and demand on the Union market; (d) the economic aspects of the proposed exports; (e) the limits resulting from agreements concluded in accordance with Article 218 of the Treaty; (f) the need to establish a balance between the use of Union basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under processing arrangements; (g) the most favourable marketing costs and transport costs from Union markets to Union ports or other places of export, together with forwarding costs to the countries of destination; (h) demand on the Union market; (i) in respect of the pigmeat, eggs and poultrymeat sectors, the difference between prices within the Union and prices on the world market for the quantity of feed grain input required for the production in the Union of products of those sectors.
Amendment 135 #
Proposal for a regulation
Article 141
Article 141
Article 141 Article 141 Other implementing powers The Commission may, by means of implementing acts, fix coefficients adjusting export refunds in accordance with the rules adopted pursuant to Article 139(6). Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).
Amendment 136 #
Proposal for a regulation
Article 143
Article 143
Article 143 Article 143 Application of Articles 101 to 106 of the Treaty Treaty Save as otherwise provided for in this Regulation, in accordance with Article 42 of the Treaty, Articles 101 to 106 of the Treaty and implementation provisions thereof shall, subject to Articles 1443a to 145 of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 of the Treaty which relate to the production of, or trade in, agricultural products. In order to improve the functioning of the internal market and to ensure uniform application of Union competition rules in the agricultural and agri-food sector, the Commission shall coordinate action by the various national competition authorities. For this purpose, the Commission shall notably publish guidelines and good practice guides to assist the various national competition authorities, as well as undertakings of the agricultural and agri-food sector.
Amendment 137 #
Proposal for a regulation
Article 143a (new)
Article 143a (new)
Article 143a The relevant market 1. The definition of the relevant market is a tool to identify and define the boundaries of competition between firms, and is founded on two cumulative elements: (a) the relevant product market: for the purposes of this Chapter, ‘product market’ means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products’ characteristics, their prices and their intended use; (b) the relevant geographic market: for the purposes of this Chapter, ‘geographic market’ means the market comprising the area in which the firms concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas. 2. For the purpose of defining the relevant market, the following principles apply: (a) the relevant product market shall be considered in the first instance, for raw products, to be the market in products from a given species of plant or animal; wherever a smaller subdivision is used, this shall be duly substantiated; (b) the relevant geographic market shall be considered in the first instance to be the EU market; wherever a smaller subdivision is used, this shall be duly substantiated.
Amendment 138 #
Proposal for a regulation
Article 143b (new)
Article 143b (new)
Article 143b Dominant position 1. For the purposes of this Chapter, ‘dominant position' means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of consumers. 2. A dominant position shall be deemed not to be present where the market shares held on a relevant market by an undertaking, or by several undertakings linked by a horizontal agreement, in the agricultural and agri-foodstuffs sector, are smaller than the market shares held by the largest undertaking on the same relevant market at the next stage down in the supply chain.
Amendment 139 #
Proposal for a regulation
Article 144
Article 144
Article 144 Article 144 Exceptions for the objectives of the CAP and farmers and their associorganisations or associations of organisations 1. Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices referred to in Article 143 of this Regulation necessary for the attainment of the objectives set out in Article 39 of the Treaty. In particular, Article 101(1) of the Treaty shall not apply to agreements, decisions and concerted 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. 2. After consulting the Member States and hearing the undertakings or associations of undertakings concerned and any other natural or legal person that it considers appropriate, the Commission shall have sole power, subject to review by the Court of Justice, to determine, by adopting, by means of implementing acts, a Decision which shall be published, which agreements, decisions and practices fulfil the conditions specified in paragraph 1. The Commission shall undertake such determination either on its own initiative or at the request of a competent authority of a Member State or of an interested undertaking or association of undertakings. 3. The publication of the Decision ref shall be presumed to be necessary to achieve the objectives of Article 39 of the Treaty. The agreements, decisions and concerted practices referred to in the present paragraph shall be presumed to comply with the conditions laid down in Article 101(3) of the Treaty. The present paragraph shall not apply where competition is excluded. 1a. The agreements, decisions and concerted practices referred to in paragraph 1 shall not entail an obligation to charge an identical price, except as regards the contracts referred to in Articles 104a, 105a, 113a and 113b. 1b. The agreements, decisions and concerrted to in the first subparagraph of paragraph 2 shall state the names of the parties and the main content of the decision. It shall have regard to the legitimate interest of undertakings in the protection of their business secretspractices of farmers, of producer organisations or of associations of producer organisations referred to in Article 143 shall fall under the scope of the application of Regulation (EC) No 1/2003.
Amendment 140 #
Proposal for a regulation
Article 145
Article 145
Article 145 Article 145 Agreements and concerted practices of recognised interbranch organisations 1. Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 108 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(1) of this Regulation, and for the olive oil and table olive and tobacco sectors, Article 108(2) of this Regulation. 2. Paragraph 1 shall apply only provided that: (a) the agreements, decisions and concerted practices have been notified to the Commission; (b) within two months of receipt of all the detailsthe notification required the Commission, by means of implementing acts, has not found that t adopted without applying Article 162(2) or (3), has not found that these agreements fall within the scope of paragraph 4. 3. The agreements, decisions orand concerted practices are incompatible with Union rules. 3. The agreements, decisions and concerted practices may not be put into effect before the lapse of the period referred to in may not be put into effect before the lapse of the period referred to in paragraph 2(b). 3a. Notwithstanding paragraphs 2 and 3 of this article, in the event of a crisis, the agreements, decisions and concerted practices referred to in paragraph 1 shall enter into force and shall be notified to the Commission as soon as they are adopted. With effect from the date of notification the Commission shall have 21 days to find, where appropriate, by means of implementing acts adopted without applying Article 162(2) or (3), that these agreements fall within the scope of paragraph 2(b)4. 4. Agreements, decisions and concerted practices shall in any case be declared incompatible with Union rules if they: (a) may lead to the partitioning of markets within the Union in any form; (b) may affect the sound operation of the market organisation; (c) may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity; (d) entail the fixing of prices or the fixing of quotas; (e) may create discrimination or eliminate competition in respect of a substantial proportion of the products in question. 5. If, following expiry of the two-month period referred to in paragraph 2(b), the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, by means of implementing acts, take a Decision declaring that Article 101(1) of the Treaty applies to the agreement, decision or concerted practice in question. That Commission Decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1. 6. In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time6a. The Commission may adopt implementing acts laying down measures necessary for the uniform application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 141 #
Proposal for a regulation
Article 154
Article 154
Article 154 Article 154 Measures against market disturbance 1. Taking into account the need to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market substantial rise in production costs as set out in Article 7(2) or any other factors affecting the market, where that situation is likely to continue or to deteriorate, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to take the necessary measures for the sector concerned, respecting any obligations resulting from agreements concluded in accordance with Article 218 of the Treaty. Where in the cases of threat and provided that any other measures available under this Regulation appear insufficient. Where in the cases of market disturbances referred to in the first subparagraph, imperative grounds of urgency so require, the procedure provided for in Article 161 of this Regulation shall apply to delegated acts adopted pursuant to this paragraph. Such measures may, to the extent and for the time necessary, extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities or periods as necessary. 2. T, or allocate funds in order to trigger the export refunds referred to in Chapter VI of Part III, or provide specific support for producers to mitigate the effects of serious market disturbance. 2. Without prejudice to Article 133(1), the measures referred to in paragraph 1 shall not apply to all of the products listed in Section 2 of Part XXIV of Annex I. 3. The Commission may, by means of implementing acts, adopt necessary rules for the application of paragraph 1 of this Article. Those rules may, in particular, concern procedures and technical criteria. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 142 #
Proposal for a regulation
Article 155
Article 155
Amendment 143 #
Proposal for a regulation
Article 156
Article 156
Article 156 Article 156 Measures to resolve specific problems 1. The Commission shall, by means of implementing acts, adoptdelegated acts, adopted in accordance with the urgency procedure referred to in Article 161, lay down necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). 2. To resolve specific problems, on duly justified grounds of extreme urgency, the Commission shall adopt immediately applicable implementingdelegated acts in accordance with the procedure referred to in Article 162(3)1.
Amendment 144 #
Proposal for a regulation
Article 156a (new)
Article 156a (new)
Amendment 145 #
Proposal for a regulation
Article 156b (new)
Article 156b (new)
Article 156b Measures against market disturbance in the fruit and vegetables sector 1. Given the specific and perishable nature of fruit and vegetables, a mechanism shall be established to respond to serious market disturbances; these may be caused by significant falls in internal market prices resulting from health concerns and other causes that lead to sudden drops in demand. 2. This mechanism shall be exclusive to the product or products in question, of limited application in time, revisable, automatically activated and accessible to all producers in the sector. 3. It shall include the measures listed in points (g), (h) and (d) of Article 31(2) of this Regulation, but they shall be independent of the management of the operational funds used by recognised fruit and vegetables producer organisations. 4. The Union shall finance 100 % of the expenditure for the measures provided for in this Article. 5. Serious crisis management operations shall be governed by the mechanisms established for crisis management measures under the framework of the operational programmes. Those affected who are not members of a producer organisation shall conclude agreements for the purpose of coordinating crisis management operations, and agree on a certain percentage to be set aside to cover management costs. 6. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 in order to apply the measures provided for in paragraphs 1 and 2 of this Article. 7. At the request of Member States, the Commission may, by means of implementing acts, adopt exceptional measures. The Commission shall ensure that the public is informed when such measures are introduced and is made aware of the products, areas and amount of support in question. In the case of free distribution, the amount of support shall be adjusted. The end of the crisis period shall also be determined, by means of an implementing act, once the case of serious market disturbance has ended. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 146 #
Proposal for a regulation
Part V – Chapter I – Section 3 a (new)
Part V – Chapter I – Section 3 a (new)
SECTION 3A AGREEMENTS, DECISIONS AND CONCERTED PRACTICES DURING PERIODS OF SEVERE IMBALANCE IN MARKETS
Amendment 147 #
Proposal for a regulation
Article 156c (new)
Article 156c (new)
Article 156c Application of Article 101(1) of the Treaty 1. During periods of severe imbalance in markets, the Commission may decide, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), that Article 101(1) of the Treaty shall not apply under any circumstances to agreements, decisions and concerted practices involving recognised producer organisations, associations thereof and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements, decisions or concerted practices seek to stabilise the sector concerned by introducing price fixing and production control measures. This paragraph shall also apply to agreements, decisions and concerted practices between organisations. 2. Paragraph 1 shall apply only if the Commission has already adopted one of the measures referred to in this chapter or it has authorised public intervention or aid for private storage as referred to in Chapter I of Title I of Part II, and if the agreements, decisions and concerted practices referred to in paragraph 1 are considered by the Member State(s) concerned to be justified in the light of the imbalance in the market. 3. The agreements, decisions and concerted practices referred to in paragraph 1 may be valid for a period of no more than six months unless the Commission has given authorisation, under an implementing decision, for them to be extended by a further six months.
Amendment 148 #
Proposal for a regulation
Article 157a (new)
Article 157a (new)
Article 157a Compulsory declarations in the milk and milk products sector From 1 April 2015, the first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month. For the purpose of this Article and of Article 104a, a "first purchaser" means an undertaking or group which buys milk from producers in order to: (a) subject it to collecting, packing, storing, chilling or processing, including under a contract; (b) sell it to one or more undertakings treating or processing milk or other milk products. Member States shall notify the Commission of the quantity of raw milk referred to in the first subparagraph. The Commission may adopt implementing acts laying down rules on the content, format and timing of such declarations and measures relating to the notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 149 #
Proposal for a regulation
Article 158
Article 158
Article 158 Article 158 Reporting obligation of the Commission The Commission shall present a report to the European Parliament and to the Council: (a) every three years after 2013the entry into force of this Regulation: (i) on the implementation of the measures concerning the apiculture sector as set out in Articles 52 to 54; (ii) on the application of competition rules to the farming and agrifood sector in all the Member States, with particular attention being paid to the application of the exemptions referred to in Articles 144 and 145 and potential disparities in the interpretation and implementation of both national and European competition rules, together with any appropriate proposals; (iii) on the steps taken to protect designations of origin and geographical indications against misuse in third countries; (b) by 30 June 2014 and also by 31 December 2018 on the development of the market situation in the milk and milk products sector and in particular on the operation of Articles 104 toa, 105a, 1075b and 1457a in that sector covering, in particular, potential incentives to encourage farmers to enter into joint production agreements together with any appropriate proposals. , assessing, in particular, the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering, potential incentives to encourage farmers to enter into joint production agreements together with any appropriate proposals; (ba) by 31 December 2014: (i) on the feasibility of introducing specific marketing rules for pigmeat, sheepmeat and goatmeat. That report shall outline the relevant provisions which the Commission proposes to adopt by means of delegated acts; (ii) on the introduction of simplified marketing standards tailored to the local animal breeds and plant varieties used and produced by small-scale producers, together with any appropriate proposals for addressing the difficulties experienced by those producers in complying with EU marketing standards; (iii) on the competitiveness and sustainability of agriculture and agrifood sector, followed by a second report by 31 December 2019; (iv) on the development of the market situation and the functioning of the supply chain in the sugar sector, followed by a report by 1 July 2018 on the development of the market situation in the sugar sector, paying particular attention to the appropriate means of discontinuing the current quota system and on the sector’s future after 2020, paying particular attention to the need to ensure a fair contractual system and a sugar price declaration system, together with any appropriate proposals. (v) on a simplified scheme for optional reserved terms in the beef and veal sector, paying particular attention to the current framework for voluntary labelling, as well as the appropriate terms relating to breeding, production and feed that can add value in the beef and veal sector, together with any appropriate proposals; (ba) no later than four years after the entry into force of this Regulation, on the operation and effectiveness of agricultural market management tools, their fitness for purpose in the new international context, with particular attention being paid to their consistency with the objectives laid down in Article 39 of the Treaty, together with any appropriate proposals;
Amendment 150 #
Proposal for a regulation
Article 159
Article 159
Article 159 Article 159 Use of the Reserve Use of the Reserve Funds transferred from the Reserve for crises in the agricultural sector under the conditions and procedure referred to in paragraph 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management shall be made available for the measures to which this Regulation applies for the year or years for which the additional support is required and which are implemented in circumstances that go beyond normal market developments. In particular, funds shall be transferred for any expenditure under: (a) Chapter I of Title I of Part II, (b) Chapter VI of Part III, and (c) Chapter I of this Part. The Commission may, by means of implementing acts, and by way of derogation from the second paragraph of this Article, decide that transfers of funds shall not be made for certain expenditure referred to in point (b) of that paragraph if such expenditure is part of normal market management. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 151 #
Proposal for a regulation
Article 163
Article 163
Article 163 Article 163 Repeals Repeals 1. Regulation (EC) No 1234/2007 is repealed. However, the following provisions of Regulation (EC) No 1234/2007 [Regulation (EU) No COM(2010)799] shall continue to apply: (a) as regards the sugar sector, Title I of Part II, Article 142, the first subparagraph of Article 153(1), Article 153(2) and (3), Article 156, Part II of Annex III and Annex VI [Title I of Part II, Articles 248, 260 to 262 and Part II of Annex III of Regulation (EU) No COM(2010)799] until the end of the 2014/2015 marketing year for sugar on 30 September 2015; (b) the provisions related to the system of milk production limitation set out in Chapter III of Title I of Part II and Annexes IX and X [Chapter III of Title I of Part II and Annexes VIII and IX of Regulation (EU) No COM(2010)799], until 31 March 2015; (c) as regards the wine sector: (i) Articles 85a to 85e [Articles 82 to 87 of Regulation (EU) No COM(2010)799] as regards areas referred to in Article 85a(2) [Article 82(2) of Regulation (EU) No COM(2010)799]shall continue to apply: (b) the provisions related to the system of milk production limitation set out in Chapter III of Title I of Part II and Annexes IX and X, until 31 March 2015; (c) as regards the wine sector: (i) Articles 85a to 85e as regards areas referred to in Article 85a(2) which have not yet been grubbed up and as regards areas referred to in Article 85b(1) [Article 83(1) of Regulation (EU) No COM(2010)799] which have not been regularised until such areas are grubbed up or regularised, (ii) the transitional planting right regime set out in Subsection II of Section IVa of Chapter III of Title I of Part II [Subsection II of Section V of Chapter III of Title I of Part II of Regulation (EU) No COM(2010)799] until 31 December 2015, or, to the extent necessary in order to give effect to any decision taken by Member States under Article 85g(5) [Article 89(5) of Regulation (EU) No COM(2010)799], until 31 December 2018, (iii) Article 118m(5) and Article 118s(5); (d) Article 182(7) [Article 291(2) of Regulation (EU) No COM(2010)799], until 31 March 2014; (e) the first and second subparagraphs of Article 182(3) [Article 293 of Regulation (EU) No COM(2010)799] until the end of the 2013/2014 marketing year for sugar; (f) Article 182(4) [Article 294 of Regulation (EU) No COM(2010)799] until 31 December 2017.[;] (g) Article 326 of Regulation (EU) No COM(2010)799until 31 December 2017. 2. References to Regulation (EC) No 1234/2007 [Regulation (EU) No COM(2010)799] shall be construed as references to this Regulation and to Regulation (EU) No […] [on the financing, management and monitoring of the common agricultural policy] and be read in accordance with the correlation tables set out in Annex VIII to this Regulation. 3. Council Regulations (EEC) No 234/79, (EC) No 1601/96 and (EC) No 1037/2001 are repealed."
Amendment 152 #
Proposal for a regulation
Article 163a (new)
Article 163a (new)
Amendment 153 #
Proposal for a regulation
Article 164
Article 164
Article 164 Article 164 Transitional rules Transitional rules Taking into account the need to ensure the smooth transition from the arrangements provided for in Regulation (EU) No [COM(2010)799]1234/2007 to those laid down in this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 concerning measures necessary to protect the acquired rights and legitimate expectations of undertakings. All multiannual aid programmes adopted before 1 January 2014 on the basis of Articles 103, 103i and 105a of Regulation (EC) No 1234/2007 shall continue to be governed by those provisions following the entry into force of this Regulation until those programmes come to an end.
Amendment 154 #
Proposal for a regulation
Article 165
Article 165
Article 165 Article 165 Entry into force and application 1. This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2014. However, Articles 7, 16 and 101 and Annex III, as regards the sugar sector,6 shall only apply after the end of the 20149/201520 marketing year for sugar on 1 October 201520. 2. As regards the milk and milk products sector, Articles 104a, 105, 105b and 1057a shall apply until 30 June 2020.
Amendment 155 #
Proposal for a regulation
Annex II – Part I a (new)
Annex II – Part I a (new)
Amendment 156 #
Proposal for a regulation
Annex III, Title
Annex III, Title
ANNEX III STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 7 AND ARTICLE 101G
Amendment 157 #
Proposal for a regulation
Annex III a (new)
Annex III a (new)
Amendment 158 #
Amendment 159 #
Amendment 160 #
Amendment 161 #
Proposal for a regulation
Annex VI – Part II – point 17 a (new)
Annex VI – Part II – point 17 a (new)
(17a) Crémant shall be white or rosé quality sparkling wine with protected designations of origin, or with a geographical indication of a third country, produced under the following conditions: (a) the grapes are harvested manually; (b) the wine is made from must obtained by pressing whole or destemmed grapes. The quantity of must obtained does not exceed 100 litres for every150 kg of grapes; (c) the maximum sulphur dioxide content does not exceed 150 mg/l; (d) the sugar content is less than 50 g/l; (e) the wine was made sparkling by a second alcoholic fermentation in the bottle; (f) the wine stayed without interruption in contact with the lees for at least nine months in the same undertaking from the time when the cuvée was constituted; (g) the wine was separated from the lees by disgorging. The term ‘Crémant’ shall be indicated on labels of quality sparkling wines in combination with the name of the geographical unit underlying the demarcated area of the protected designation of origin, or the geographical indication of a third country, in question. Neither point (a) of the first paragraph nor the second paragraph shall apply to producers with trade marks including the word ‘crémant’ that were registered before 1 March 1986.
Amendment 162 #
Proposal for a regulation
Annex VI – Part III – paragraph 2
Annex VI – Part III – paragraph 2
[...] 2. For the purposes of this Part, 'milk products' means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent. The following shall be reserved exclusively for milk products. (a) the following names used at all stages of marketing: (i) whey, (ii) cream, (iii) butter, (iv) buttermilk, (v) butteroil, (vi) caseins, (vii) anhydrous milkfat (AMF), (viii) cheese, (ix) yogurt, (x) kephir, (xi) koumiss, (xii) viili/fil, (xiii) smetana, (xiv) fil; (xiva) curd, (xivb) sour cream, (xivc) rjaženka, (xivd) rūgušpiens; (b) names within the meaning of Article 5 of Directive 2000/13/EC actually used for milk products.
Amendment 163 #
Proposal for a regulation
Annex VI – Part V – Section II
Annex VI – Part V – Section II
II Definitions (1) 'poultrymeat' means poultrymeat suitable for human consumption, which has not undergone any treatment other than cold treatment; (2) “fresh poultrymeat” means poultrymeat which has not been stiffened at any time by the cooling process prior to being kept at a temperature not below – 2 °C and not higher than + 4 °C. However, Member States may lay down slightly different temperature requirements for the minimum length of time necessary for the cutting and handling of fresh poultrymeat performed in retail shops or in premises adjacent to sales points, where the cutting and handling are performed solely for the purpose of supplying the consumer directly on the spot; (3) “frozen poultrymeat” means poultrymeat which must be frozen as soon as possible within the constraints of normal slaughtering procedures and is to be kept at a temperature no higher than – 12 °C at any time (4) 'quick-frozen poultrymeat' means poultrymeat which is to be kept at a temperature no higher than -18°C at any time within the tolerances as provided for in Council Directive 89/108/EEC . (5) “poultrymeat preparation” means poultrymeat including poultrymeat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat; (6) “fresh poultrymeat preparation” means a poultrymeat preparation for which fresh poultrymeat has been used. However, Member States may lay down slightly different temperature requirements to be applied for the minimum length of time necessary and only to the extent necessary to facilitate the cutting and handling performed in the factory during the production of fresh poultrymeat preparations; (7) “poultrymeat product” means a meat product as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004 for which poultrymeat has been used. Poultrymeat shall be marketed in one of the following conditions: – fresh, – frozen, – quick-frozen.
Amendment 164 #
Amendment 165 #
Proposal for a regulation
Annex VI – Part VI
Annex VI – Part VI
Part VI. Spreadable fats Part VI. Spreadable fats I. Sales description The products referred to in Article 60 may not be supplied or transferred without processing to the ultimate consumer either directly or through restaurants, hospitals, canteens or similar establishments, unless they meet the requirements set out in the Annex. The sales descriptions of these products shall be those specified in this Part. The sales descriptions below shall be reserved to the products defined therein with the following CN codes and having a fat content of at least 10% but less than 90% by weight: (a) milk fats falling within CN codes 0405 and ex2106; (b) fats falling within CN code ex1517; (c) fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106. The fat content excluding salt shall be at least two-thirds of the dry matter. However, these sales descriptions shall only apply to products which remain solid at a temperature of 20°C, and which are suitable for use as spreads. These definitions shall not apply to: (a) the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product; (b) concentrated products (butter, margarine, blends) with a fat content of 90 % or more. II. Terminology 1. The term 'traditional' may be used together with the name 'butter' provided for in point 1 of part A of the Appendix, where the product is obtained directly from milk or cream. For the purposes of this point, 'cream' means the product obtained from milk in the form of an emulsion of the oil-in- water type with a milk-fat content of at least 10 %. 2. Terms for products referred to in the Appendix which state, imply or suggest fat content other than those referred to in that Appendix shall be prohibited. 3. By way of derogation from paragraph 2 and in addition: (a) the term 'reduced-fat' may be used for products referred to in the Appendix with a fat content of more than 41 % but not more than 62 %; (b) the terms 'low-fat' or 'light' may be used for products referred to in the Appendix with a fat content of 41 % or less. The term 'reduced-fat' and the terms 'low- fat' or 'light' may, however, replace respectively the terms 'three-quarter-fat' or 'half-fat' used in the Appendix.
Amendment 166 #
Proposal for a regulation
Annex VII
Annex VII
ANNEX VII ANNEX VII OENOLOGICAL PRACTICES OENOLOGICAL PRACTICES REFERRED TO IN ARTICLE 62 REFERRED TO IN ARTICLE 62 Part I Part I Enrichment, acidification and de- Enrichment, acidification and de- acidification in certain wine-growing zones zones [...] C. Acidification and de-acidification 1. Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to: (a) de-acidification in wine-growing zones A, B and C I ; (b) acidification and de-acidification in wine-growing zones C I, C II and C III (a), without prejudice to point 7 of this Section; or (c) acidification in wine-growing zone C III (b). 2. Acidification of the products, other than wine, referred to in point 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre. 3. Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre. 4. De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre. 5. Grape must intended for concentration may be partially de-acidified. 6. Notwithstanding point 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in point 1 in wine-growing zones A and B, under the conditions referred to in points 2 and 3 of this Section. 7. Acidification and enrichment, except by way of derogation to be adopted by the Commission by means of delegated acts pursuant todecided in accordance with the procedure referred to in Article 59(162(2), and acidification and de- acidification of one and the same product shall be mutually exclusive processes. D. Processes 1. None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out, under conditions to be determined by the Commission by means of delegated acts pursuant to Article 59(1), at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other wine sector beverage intended for direct human consumption other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested. 2. The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested. 3. Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine- growing zone where the grapes used to produce the wine in question were harvested. 4. Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants to be determined by the Commission by means of delegated acts pursuant to Article 59(1), at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register. 5. Each of the processes referred to in Sections B and C shall be recorded on the accompanying document, as provided for in Article 103, under cover of which the products having undergone the processes are put into circulation. 6. Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out: (a) in wine-growing zone C after 1 January; (b) in wine-growing zones A and B after 16 March, and they shall be carried out only for products of the grape harvest immediately preceding those dates. 7. Notwithstanding point 6, concentration by cooling and acidification and de- acidification of wines may be practised throughout the year.
Amendment 167 #
Amendment 168 #
Proposal for a regulation
Recital 70
Recital 70
Amendment 169 #
Proposal for a regulation
Recital 77
Recital 77
(77) It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards, for further oenological practices, the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV), when making proposals on further oenological practices.
Amendment 170 #
Proposal for a regulation
Recital 84 a (new)
Recital 84 a (new)
(84a) To enable beet growers to complete their adaptation to the far-reaching reform carried out in the sugar sector in 2006 and to continue the efforts to become competitive undertaken since then, the present quota system should be extended until the end of the 2019-2020 marketing year. In this context, the Commission should be allowed to allocate production quotas to Member States who relinquished all their quota in 2006.
Amendment 171 #
Proposal for a regulation
Recital 84 b (new)
Recital 84 b (new)
(84b) The considerable and recurrent tensions observed on the European sugar market call for a mechanism that, for as long as necessary, releases non-quota sugar onto the internal market applying the same conditions as for quota sugar. This mechanism should, at the same time, permit additional imports at zero duty in order to ensure sufficient raw materials are available on the EU sugar market and to preserve the structural balance of this market.
Amendment 172 #
Proposal for a regulation
Recital 84 c (new)
Recital 84 c (new)
(84c) In view of the definitive abolition of the quota system in 2020, the Commission should submit before 1 July 2018 a report to Parliament and the Council on the appropriate procedures for ending the current quota arrangements and on the future of the sector after the abolition of quotas in 2020, accompanied by any necessary proposals to prepare the entire sector for the period after 2020. Before 31 December 2014, the Commission should also submit a report on the functioning of the supply chain in the EU sugar sector
Amendment 173 #
Proposal for a regulation
Recital 107
Recital 107
(107) Provisions for granting rRefunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidibe retained as a crisis management instrument for certain products falling within this Regulation, until the future of this instrument has been decided within the framework of the WTO, on the basis of reciprocity. The budget heading for export refunds should therefore provisionally be set at zero. When used, export refunds should be subject to limits in terms of value and quantity and should not jeopardise the development of agricultural sectors and economies in developing countries.
Amendment 174 #
Proposal for a regulation
Recital 133
Recital 133
(133) In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market substantial rise in production costs or any other factors affecting the market, where that situation is likely to continue or deteriorate, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods.
Amendment 175 #
Proposal for a regulation
Recital 140
Recital 140
(140) The use of urgency procedure should be reserved for exceptional cases where this proves to be necessaryused in order to react efficiently and effectively against threats ofcertain market disturbance or where market disturbances are occurring. The choice of an urgency pros and against pests, animal and plant diseases, loss of consumer confidence dure should be justified and the cases in which the urgency procedure should be used should be specifiedto public, animal or plant health risks, or in order to resolve specific problems.
Amendment 176 #
Proposal for a regulation
Recital 143
Recital 143
(143) The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation, and resolving specific problems in an emergency, if such immediate action is needed to deal with the problems.