15 Amendments of Michel DANTIN related to 2018/2102(INI)
Amendment 1 #
Draft opinion
Recital B
Recital B
B. whereas Article 42 of the Treaty on the Functioning of the European Union (TFEU) allows the agricultural sector to derogate from the rules of competition lawstates that rules on competition shall apply to production of and trade in agricultural products only to the extent determined by the European Parliament and the Council, taking account of the objectives of the Common Agricultural Policy (CAP) set out in Article 39 TFEU;
Amendment 7 #
Draft opinion
Recital C
Recital C
C. whereas the TFEU and European jurisprudence assigns primacy to the common agricultural policy (CAP) over competition law;
Amendment 13 #
Draft opinion
Recital D
Recital D
D. whereas Article 39 TFEU gives the CAP the objective of ensuring a fair standard of living for the agricultural community, in particular by boosting the individual income of people working in agriculture, and of stabilising the markets and safeguarding supplies;
Amendment 17 #
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas, given the specific natural and structural characteristics of agriculture, the European legislator has, since 1962, consistently been defending the principle of granting a special status to the agricultural sector in the application of competition law, since that law can not be applied to this economic sector in the same way as with other sectors;
Amendment 21 #
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas the 'agricultural exception' has become more relevant in the context of a market-oriented CAP and the increasing globalisation of agricultural markets, and should continue to be taken into account in the design and implementation of policies and the monitoring of compliance with those policies by the Commission and the national competition authorities;
Amendment 25 #
Draft opinion
Recital D c (new)
Recital D c (new)
Dc. whereas the agricultural component of the Regulation on the Financial Rules applicable to the general budget of the Union (2016/0282B) (the 'Omnibus Regulation') is an important step forward for the CAP, given that it sets out an explicit derogation for producer organisations from the application of Article 101 TFEU;
Amendment 26 #
Draft opinion
Recital D d (new)
Recital D d (new)
Dd. whereas the request made to the Court of Justice of the European Union for a preliminary ruling in Case C-671/15 ('endives') shows that producers, producer organisations and associations of producer organisations need greater legal certainty in the exercise of their activities, in particular given that this sector is characterised by highly fragmented supply, concentrated demand and difficulties in controlling supply and predicting demand; whereas the Court of Justice judgment concerning the application of competition rules to producers and producer organisations is of crucial importance in clarifying the implicit derogations connected with the work of producers' organisations;
Amendment 39 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the concept of a ‘fair price’ should not be regarded as the lowest price possible for the consumer, but instead must be reasonable and allow fair remuneration of all parties within the food supply chain;
Amendment 44 #
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that the specific characteristics of agricultural activities make it essential to have collective organisations to enable the objectives of the CAP to be attained and that such organisations must be considered compatible withcollective activities carried out by producer organisations and their associations - including production planning sales negotiation and contractual arrangements - are necessary if the objectives of the CAP, as defined in Article 39 TFEU, are to be achieved, and so these activities are subject to a derogation from the application of Article 101 TFEU;
Amendment 61 #
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the inter-branch organisations model is the most successful form of organisationsector management, because it providgives a structure for all the players in a sector; considers that this model should be promoted by the CAPto - and organises exchanges between - all the players in a sector by making it possible to transmit economic and technical information and better distribute the risks and benefits; considers that this model should be promoted by the CAP and be given all the necessary means for its potential to be fully exploited;
Amendment 65 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates the proposal that the provisions of Regulation (EU) No 1308/2013 authorising the introduction of supply control measures for cheeses with protected designation of origin (PDO) or a protected geographical indication (PGI) (Article 150), hams with PDOs or PGIs (Article 172) and wines (Article 167) should be extended to other quality branded products in order to make it easier for supply to be adapted to demand;
Amendment 70 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Welcomes the fact that the omnibus regulation creates a procedure under which a group of farmers can request a non-binding opinion from the Commission on the compatibility of a collective action with the general derogation from the competition rules referred to in Article 209 of Regulation (EU) No 1308/2013 (Single CMO Regulation); calls on the Commission, in the light of the recommendation of the Working Party on Agricultural Markets, to clarify the scope of the general agricultural derogation and its overlap with the derogations provided for under Articles 149 and 152, and thus to define exceptions more precisely, so as to make any necessary suspension of the application of Article 101 TFEU applicable and achievable;
Amendment 71 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Points out that the individual ceiling for de minimis aid in the agricultural sector was doubled in 2013 (from EUR 7500 to EUR 15 000) in order to help cope with the surge in climatic, health and economic crises; points out that, at the same time, the national de minimis ceiling has been only marginally adjusted (from 0.75% to 1% of the value of national agricultural production), which has reduced states' power to help farms in difficulty; supports, therefore, the Commission's proposal to give more flexibility to the Member States and regions via the agricultural de minimis rules;
Amendment 73 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Supports the Commission's proposal to give Member States more flexibility by relaxing state aid rules in the agricultural sector in an effort to encourage farmers to voluntarily make precautionary savings in order to better cope with the increase in climate and health risks and economic risks;
Amendment 74 #
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Stresses that, during periods of severe market imbalances, when the agricultural sector is at risk and all citizens are affected by the potential damage to the supply of basic foodstuffs, the market-oriented CAP must support farmers and grant additional exemptions for agreements and decisions between farmers, unrecognised organisations and recognised agricultural organisations, as long as they are temporary and fully justified under competition rules; welcomes the fact that it will be easier in future - thanks to the developments brought about by the Omnibus Regulation - to apply the provisions of Article 222 of the CMO Regulation, which allows for this kind of temporary derogation from competition laws; takes the view that it must be made possible for Article 164 of the CMO to extend the rules of an agreement or decision taken within recognised agricultural organisations under Article 222 of the CMO Regulation.