39 Amendments of Michel DANTIN related to 2016/0282(COD)
Amendment 111 #
Proposal for a regulation
Article 267 – paragraph 1 – point 1 – point c
Article 267 – paragraph 1 – point 1 – point c
(s) "date of setting up" means the date when the setting up process begins by means of (an) action(s) to be performed by the applicantapplicants performs or completes (an) action(s) related to the setting up referred to in point (n).;
Amendment 124 #
Proposal for a regulation
Article 267 – paragraph 1 – point 5 – point a
Article 267 – paragraph 1 – point 5 – point a
Regulation (EU) No 1305/2013
Article 19 – paragraph 4 – subparagraph 1
Article 19 – paragraph 4 – subparagraph 1
The application for support under point (a)(i) of paragraph 1 shall be submitted withinat the latest 24 months fromafter the date of setting up.
Amendment 140 #
Proposal for a regulation
Article 267 – paragraph 1 – point 6 a (new)
Article 267 – paragraph 1 – point 6 a (new)
Regulation (EU) No 1305/2013
Article 31 – paragraph 2 – subparagraph 1a (new)
Article 31 – paragraph 2 – subparagraph 1a (new)
6a. In Article 31(2), the following subparagraph is inserted: "Member States may define additional objective and non-discriminatory criteria from 2018. They shall notify such a decision to the Commission before the 1st January 2018."
Amendment 148 #
Proposal for a regulation
Article 267 – paragraph 1 – point 7 – point a – point -i (new)
Article 267 – paragraph 1 – point 7 – point a – point -i (new)
Regulation (EU) No 1305/2013
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(–i) In Article 36 (1), point a is replaced by the following: "(a) financial contributions to premiums for crop, animal and, plant and income insurance against economic losses to farmers caused by adverse climatic events, animal or plant diseases, pest infestation, or an environmental incident;" (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1305&rid=1) or market related hazard;" Or. en
Amendment 164 #
Proposal for a regulation
Article 267 – paragraph 1 – point 7 – point a – point ii
Article 267 – paragraph 1 – point 7 – point a – point ii
Regulation (EU) No 1305/2013
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) an sector-specific income stabilisation tool, in the form of financial contributions to mutual funds, providing compensation to farmers of a specific sector for a severe drop in their income.;
Amendment 177 #
Proposal for a regulation
Article 267 – paragraph 1 – point 7 a (new)
Article 267 – paragraph 1 – point 7 a (new)
Regulation (EU) No 1305/2013
Article 37 – Heading
Article 37 – Heading
7a. In Article 37, the heading is replaced by the following: "Crop, animal, and plant insurance" and income insurance" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1305)
Amendment 181 #
Proposal for a regulation
Article 267 – paragraph 1 – point 7 b (new)
Article 267 – paragraph 1 – point 7 b (new)
Regulation (EU) No 1305/2013
Article 37 – paragraph 1 – subparagraph 1a (new)
Article 37 – paragraph 1 – subparagraph 1a (new)
7b. In Article 37(1), the following sub- paragraph is added: Similarly, support under point (a) of Article 36(1) shall also be granted for insurance contracts which cover for income loss of more than 30% of the average annual income of the farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry. Income for the purposes of point (a) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Indexes may be used in order to calculate the annual production or the income of the farmer. The calculation method used shall permit the fair estimation of the actual loss of an individual farmer in a given year.
Amendment 182 #
Proposal for a regulation
Article 267 – paragraph 1 – point 7 c (new)
Article 267 – paragraph 1 – point 7 c (new)
Regulation (EU) No 1305/2013
Article 37 – paragraph 1 – subparagraph 2 – point ba (new)
Article 37 – paragraph 1 – subparagraph 2 – point ba (new)
7c. In Article 37(1), the following point is added: (ba) economic indexes (production level and prices)
Amendment 183 #
Proposal for a regulation
Article 267 – paragraph 1 – point 7 d (new)
Article 267 – paragraph 1 – point 7 d (new)
Regulation (EU) No 1305/2013
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
7d. In Article 38(3), point b is replaced by the following : "(b) the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis." and/or ;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1305)
Amendment 184 #
Proposal for a regulation
Article 267 – paragraph 1 – point 7 e (new)
Article 267 – paragraph 1 – point 7 e (new)
Regulation (EU) No 1305/2013
Article 38 – paragraph 3 – point ba (new)
Article 38 – paragraph 3 – point ba (new)
7e. In Article 38(3), the following point is added: (ba) supplementing the annual payments into the fund.
Amendment 185 #
Proposal for a regulation
Article 267 – paragraph 1 – point 8 a (new)
Article 267 – paragraph 1 – point 8 a (new)
Regulation (EU) No 1305/2013
Article 38 – paragraph 3 – subparagraph 1a (new)
Article 38 – paragraph 3 – subparagraph 1a (new)
8a. In Article 38(3), the following subparagraph is added: The financial contributions under point (b) and (c) can be cumulated or mutually exclusive as long as the total amount of contribution is limited to the maximum support rate laid down in Annex II
Amendment 197 #
Proposal for a regulation
Article 267 – paragraph 1 – point 9 – point b a (new)
Article 267 – paragraph 1 – point 9 – point b a (new)
Regulation (EU) No 1305/2013
Article 39 – paragraph 4 – point ba (new)
Article 39 – paragraph 4 – point ba (new)
(ba) In article 39(4), the following point is added: (ba) supplementing the annual payments into the fund
Amendment 203 #
Proposal for a regulation
Article 267 – paragraph 1 – point 10
Article 267 – paragraph 1 – point 10
Regulation (EU) No 1305/2013
Article 39a – paragraph 1
Article 39a – paragraph 1
1. Support under point (d) of Article 36(1) shall only be granted in duly justified cases and where the drop of income related to the specific production for which the income stabilisation tool has been set up exceeds 20 % of the average annual income of the individual farmer for this specific production in the preceding three- year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of point (d) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market for this specific production, including any form of public support, deducting input costs associated to this specific production. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance. Indexes may be used to calculate the annual income loss of the farmer. The index calculation method used shall permit the fair estimation of the actual income loss of an individual farmer of a specific sector in a given year.
Amendment 320 #
Proposal for a regulation
Article 269 – paragraph 1 – point 3 a (new)
Article 269 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1307/2013
Article 46 – paragraph 2 – point ja (new)
Article 46 – paragraph 2 – point ja (new)
3a. In Article 46(2), the following point is added: ja) land left fallow for melliferous plants (pollen and nectar rich species).
Amendment 402 #
Proposal for a regulation
Article 269 – paragraph 1 – point 6 b (new)
Article 269 – paragraph 1 – point 6 b (new)
Regulation (EU) No 1307/2013
Annex X – Line 20 a (new)
Annex X – Line 20 a (new)
6b. In Annex X, the following line is to be added after the last line: Features: land left fallow for melliferous plants (pollen and nectar rich species) Conversion factor: n/a Weighting factor: 2 Ecological focus area: 2 m2
Amendment 435 #
Proposal for a regulation
Article 270 – paragraph 1 – point 1 a (new)
Article 270 – paragraph 1 – point 1 a (new)
Regulation (EU) No 1308/2013
Article 34 – paragraph 2 – subparagraph 3a (new)
Article 34 – paragraph 2 – subparagraph 3a (new)
1 a. In Article 34(2), subparagraph 3, the following subparagraph is added: In the case of an association of producer organisations, whose members are Union producer organisations and their associations operating in different Member States, that percentage may be increased to 5,2% of the value of the marketed production, provided that the amount in excess of 4.7% of the value of the marketed production is used solely for crisis prevention and management measures implemented by the association of producer organisations on behalf of its members
Amendment 455 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 a (new)
Article 270 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 62 – paragraph 4a (new)
Article 62 – paragraph 4a (new)
3 a. In Article 62, the following paragraph is added: 4a. Member states may apply the provisions of this Chapter to areas producing wine suitable for producing wine spirits with a geographical indication as registered in Annex III of Regulation (EC) No 110/2008 of the European Parliament and of the Council. For the purposes of those provisions, these areas may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.
Amendment 464 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 b (new)
Article 270 – paragraph 1 – point 3 b (new)
Regulation (EU) No 1308/2013
Article 148 – paragraph 1a (new)
Article 148 – paragraph 1a (new)
Amendment 469 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 a (new)
Article 270 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 62 – Paragraph 4a (new)
Article 62 – Paragraph 4a (new)
3 a. In Article 62 the following paragraph is inserted 4a. Member states may apply the provisions of this Chapter to areas producing wine suitable for producing wine spirits with a geographical indication as registered in Annex III of Regulation (EC) No 110/2008 of the European Parliament and of the Council. For the purposes of those provisions, these areas may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.
Amendment 477 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 c (new)
Article 270 – paragraph 1 – point 3 c (new)
Regulation (EU) No 1308/2013
Article 148 – paragraph 2 – introductory part
Article 148 – paragraph 2 – introductory part
3 c. in Article 148(2), the introductory part is replaced by the following: “2. The contract and/or the offer for a contract referred to in paragraphs 1 and 1a shall:” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)
Amendment 478 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 d (new)
Article 270 – paragraph 1 – point 3 d (new)
Regulation (EU) No 1308/2013
Article 148 – paragraph 3
Article 148 – paragraph 3
3 d. In Article 148, paragraph 3 is replaced by the following: “3. By way of derogation from paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a farmer to a co- operative of which the farmer is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)
Amendment 480 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 e (new)
Article 270 – paragraph 1 – point 3 e (new)
Regulation (EU) No 1308/2013
Article 152 – paragraph 1 – point (b)
Article 152 – paragraph 1 – point (b)
Amendment 482 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 f (new)
Article 270 – paragraph 1 – point 3 f (new)
Regulation (EU) No 1308/2013
Article 152 – paragraph 1a (new)
Article 152 – paragraph 1a (new)
3 f. In Article 152, the following paragraph is inserted: 1a. Notwithstanding the application of Article 101(1) TFEU, a producer organisation, which is recognised under paragraph 1 of this Article, may plan production, optimizing the production costs, place on the market and negotiate contracts for the supply of the agricultural products, on behalf of its members for all or part of their total production.
Amendment 484 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 g (new)
Article 270 – paragraph 1 – point 3 g (new)
Regulation (EU) No 1308/2013
Article 152 – paragraph 1 – subparagraph 1a (new)
Article 152 – paragraph 1 – subparagraph 1a (new)
3 g. In Article 152, paragraph 1, the following subparagraph is added: For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission without applying the procedure referred to in Article 229(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.
Amendment 485 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 h (new)
Article 270 – paragraph 1 – point 3 h (new)
Regulation (EU) No 1308/2013
Article 152 – paragraph 1 – subparagraph 1a (new)
Article 152 – paragraph 1 – subparagraph 1a (new)
3 h. In Article 152, paragraph 1, the following subparagraph is inserted: When acting under point (c), the competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions adopted pursuant to paragraph 7 without delay after their adoption.
Amendment 486 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 i (new)
Article 270 – paragraph 1 – point 3 i (new)
Regulation (EU) No 1308/2013
Article 152a (new)
Article 152a (new)
Amendment 487 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 j (new)
Article 270 – paragraph 1 – point 3 j (new)
Regulation (EU) No 1308/2013
Article 152b (new)
Article 152b (new)
3 j. The following Article is inserted: Article 152b Value-sharing Without prejudice to Article 125 in the sugar sector, producers of agricultural products in one of the specific sectors listed in Article 1(2), through their producer organisations recognised under Article 152 of this Regulation, their bargaining organisations recognised under Article 152a of this Regulation, their associations recognised under Article 156 of this Regulation and undertakings marketing or processing such products may agree on value- sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices or other commodity markets is to be allocated between them.”.
Amendment 488 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 k (new)
Article 270 – paragraph 1 – point 3 k (new)
Regulation (EU) No 1308/2013
Article 154a (new)
Article 154a (new)
3 k. The following Article is inserted: Article 154a Recognition of bargaining organisations 1. In order to be recognised by a Member State, the bargaining organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which: (a) fulfils the requirements laid down in points (a), (b) and (c) of Article 152a(1) (b) has a minimum number of members and/or covers a minimum volume or value of marketable production, to be laid down by the Member State concerned, in the area where it operates; (c) provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply; (d) has statutes that are consistent with points (a), (b) and (c) of this paragraph. 2. Member States shall: (a) decide whether to grant recognition to a bargaining organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; that 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 bargaining organisations and associations of bargaining organisations are complying with this Chapter; (c) in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and their associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn ; (d) inform the Commission by 31 March of each year, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.
Amendment 489 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 l (new)
Article 270 – paragraph 1 – point 3 l (new)
Regulation (EU) No 1308/2013
Article 156 – Heading
Article 156 – Heading
Amendment 490 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 m (new)
Article 270 – paragraph 1 – point 3 m (new)
Regulation (EU) No 1308/2013
Article 156 – paragraph 2
Article 156 – paragraph 2
Amendment 491 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 n (new)
Article 270 – paragraph 1 – point 3 n (new)
Regulation (EU) No 1308/2013
Article 157 – paragraph 1 – point xiv a (new)
Article 157 – paragraph 1 – point xiv a (new)
3 n. In Article 157(1), point c, the following point is added: (xiv a) agreeing on standard value sharing clauses including market bonuses and losses, determining how any evolution of relevant market prices or other commodity markets is to be allocated between them or determinable price formula based in particular on objective market criteria.
Amendment 492 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 o (new)
Article 270 – paragraph 1 – point 3 o (new)
Regulation (EU) No 1308/2013
Article 157 – paragraph 3 – point c – point xi a (new)
Article 157 – paragraph 3 – point c – point xi a (new)
3 o. In point (c) of Article 157 (3), the following point is inserted: (xi a) agreeing on standard value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices or other commodity markets is to be allocated between them or determinable price formula based in particular on objective market criteria. .
Amendment 493 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 p (new)
Article 270 – paragraph 1 – point 3 p (new)
Regulation (EU) No 1308/2013
Article 157 – paragraph 3 – point (c) –point xi b (new)
Article 157 – paragraph 3 – point (c) –point xi b (new)
3 p. In point (c) of Article 157(3), the following point is added: (xi b) implementing collective measures to prevent and manage the health 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.
Amendment 494 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 q (new)
Article 270 – paragraph 1 – point 3 q (new)
Regulation (EU) No 1308/2013
Article 168 – paragraph 1a (new)
Article 168 – paragraph 1a (new)
3 q. In Article 168, the following paragraph is inserted: 1a. If Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, producer organisation, bargaining organisation or their association, in respect of agricultural products in a sector listed in Article 1(2) other than the milk, milk products and sugar sector may require that any delivery of its products to a processor or distributor be the subject of a written contract between the parties and/or be the subject of a written offer of a contract from the first purchasers, under the same conditions laid down in paragraph 4 to 6 of this Article. If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, unless the inter-branch organisation of the sector recognised under Article 157, has drawn up a standard contract compatible with the rules of the Union.
Amendment 499 #
Proposal for a regulation
Article 270 – paragraph 1 – point 4 a (new)
Article 270 – paragraph 1 – point 4 a (new)
Regulation (EU) No 1308/2013
Article 209 – paragraph 1 – subparagraph 2
Article 209 – paragraph 1 – subparagraph 2
4 a. In Article 209(1), subparagraph 2 is replaced by the following: ““Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 of this Regulation, or associations of producer organisbargaining organisations recognised under Article 152a of this Regulation, or their associations recognised under Article 156 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, unless the objectives of Article 39 TFEU are jeopardised.”“ Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)
Amendment 500 #
Proposal for a regulation
Article 270 – paragraph 1 – point 4 b (new)
Article 270 – paragraph 1 – point 4 b (new)
Regulation (EU) No 1308/2013
Article 209 – paragraph 1 – subparagraph 2a (new)
Article 209 – paragraph 1 – subparagraph 2a (new)
4 b. In Article 209(1), subparagraph 2, the following subparagraph is inserted: For the sale of agricultural products, agreements, decisions and concerted practices on value sharing clauses and on a determinable, price formula, based in particular on objective market criteria, is considered necessary for the achievement of the objectives set out in Article 39 of the Treaty on the Functioning of the European Union.
Amendment 502 #
Proposal for a regulation
Article 270 – paragraph 1 – point 4 c (new)
Article 270 – paragraph 1 – point 4 c (new)
Regulation (EU) No 1308/2013
Article 209 – paragraph 2 – subparagraph 1a (new)
Article 209 – paragraph 2 – subparagraph 1a (new)
4 c. In Article 209(2), subparagraph 1, the following subparagraph: “However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 of this Regulation, or bargaining organisations recognised under Article 152a, or their associations recognised under Article 156 of this Regulation may request an opinion from the Commission on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU. Requests for opinions shall be dealt with promptly and the Commission shall send the applicant its opinion within two months of receipt of the request. In the event of non-response by the Commission within that period, the opinion shall be deemed positive.”
Amendment 504 #
4 d. In Article 209(2), subparagraph 1, the following subparagraph is inserted: “The Commission may, at its own initiative or at the request of a Member State, change the content of opinion, in particular if the applicant has provided inaccurate information or abused the opinion.”
Amendment 505 #
Proposal for a regulation
Article 270 – paragraph 1 – point 4 e (new)
Article 270 – paragraph 1 – point 4 e (new)
Regulation (EU) n°1308/2013
Article 222 – paragraph 1
Article 222 – paragraph 1
4 e. In Article 222, paragraph 1 is replaced by the following: “1. During periods of severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) TFEU is not to apply to agreements and decisions of recognised producerfarmers, farmers’ associations, or associations of such associations or recognised producer organisations, recognised bargaining organisations, their associations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of the internal market, strictly aim to stabilise the sector concerned and fall under one or more of the following categories:” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)