2010/0385(COD) Common organisation of agricultural markets and specific provisions for certain agricultural products (Single CMO Regulation)
Lead committee dossier:
Progress: Procedure lapsed or withdrawn
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | AGRI |
DE CASTRO Paolo ( S&D)
|
JAHR Peter ( PPE),
LYON George ( ALDE)
|
Lead committee dossier:
Legal Basis:
TFEU 043-p2, TFEU 42-p1-a1
Legal Basis:
TFEU 043-p2, TFEU 42-p1-a1Events
2015/03/07
EC - Proposal withdrawn by Commission
2012/09/19
EC - Commission response to text adopted in plenary
Documents
2012/07/04
EP - Results of vote in Parliament
Documents
2012/07/04
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 649 votes to 24, with 15 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).
Parliament’s position adopted at first reading, under the ordinary legislative procedure, amends the Commission proposal as follows:
Council powers under Article 43(3) TFEU : Article 43(3) TFEU stipulates that “The Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aids and quantitative limitations”. This is an exception from Article 43(2) TFEU which requires the ordinary legislative procedure (OLP) to be used “to establish the common organisation of agricultural markets … and the other provisions necessary for the pursuit of the objectives of the common agricultural policy”. Indeed, the Lisbon Treaty has turned the OLP into the standard procedure for the adoption of EU legislative acts. As an exception, Article 43(3) TFEU needs therefore to be interpreted restrictively so as to ensure that the Legislator can exercise its legislative prerogatives under Article 43(2) TFEU.
Parliament considers that the Commission proposal on the Single CMO has not respected the principle that Article 43(3) TFEU needs to be interpreted restrictively. Defining conditions and criteria for fixing aid amounts, export refunds and minimum export prices should remain with the Legislator, leaving to the Commission only the fixing of amounts through implementing acts. Hence the proposal runs against the Legislator's prerogatives under Article 43(2) TFEU.
Against this background, Parliament notes that Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets should replace the corresponding parts of the new Single CMO Regulation. That Commission proposal for a Council Regulation essentially reproduces the corresponding provisions of the existing Single CMO Regulation 1234/2007.
Delegated and implementing acts : several amendments introduced by the Members aim to update the text by in order to reflect:
the common understanding reached between the institutions on the use of delegated acts (Article 290 TFEU) which the Council and the European Parliament must formally adopt; as well as the recent entry into force of the Regulation on implementing acts (Regulation (EU) No. 182/2011of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers).
The power to adopt the delegated acts is conferred on the Commission subject to certain conditions . The delegation of power shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. A delegated act shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council. That period shall be extended by two months at the initiative of the European Parliament or the Council.
When the Commission prepares the delegated acts, it shall pay particular attention being paid to the principles of territorial cohesion so as to take account of the impact on regional markets, the economies of which largely depend on this type of product.
Amendments seeking to replace implementing acts with delegated acts : the resolution notes that the terms as "conditions", "obligations" and any type of "rules" implying obligations constitute wording normally used for delegated acts - not for implementing acts. The same applies for the modification of non-essential elements laid down in the basic act: they should be modified only by means of delegated acts (e.g. in the Single CMO Commission proposal: dates, non-application of certain paragraphs, measures for emergency situations).
For the sake of legal clarity, the implementing powers granted to the Commission regarding penalties should be regrouped in the horizontal articles.
Annex V : Parliament believes that the codification of the CMO must be on the basis of established law. Accordingly, the entire text of the existing annex should be included.
Documents
2012/07/03
EP - Debate in Parliament
Documents
2011/10/07
EP - Committee report tabled for plenary, 1st reading/single reading
Details
The Committee on Agriculture and Rural Development adopted the report drafted by Paolo DE CASTRO (S&D, IT) on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).
It recommends that the European Parliament’s position adopted at first reading, under the ordinary legislative procedure, should amend the Commission proposal as follows:
Council powers under Article 43(3) TFEU : in the report, it is recalled that Article 43(3) TFEU stipulates that “The Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aids and quantitative limitations”. This is an exception from Article 43(2) TFEU which requires the ordinary legislative procedure (OLP) to be used “to establish the common organisation of agricultural markets … and the other provisions necessary for the pursuit of the objectives of the common agricultural policy”. Indeed, the Lisbon Treaty has turned the OLP into the standard procedure for the adoption of EU legislative acts. As an exception, Article 43(3) TFEU needs therefore to be interpreted restrictively so as to ensure that the Legislator can exercise its legislative prerogatives under Article 43(2) TFEU.
Members consider that the Commission proposal on the Single CMO has not respected the principle that Article 43(3) TFEU needs to be interpreted restrictively. Defining conditions and criteria for fixing aid amounts, export refunds and minimum export prices should remain with the Legislator, leaving to the Commission only the fixing of amounts through implementing acts. Hence the proposal runs against the Legislator's prerogatives under Article 43(2) TFEU.
Against this background, the report notes that Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets should replace the corresponding parts of the new Single CMO Regulation. That Commission proposal for a Council Regulation essentially reproduces the corresponding provisions of the existing Single CMO Regulation 1234/2007.
Delegated and implementing acts : several amendments introduced by the Members aim to update the text by in order to reflect:
the common understanding reached between the institutions on the use of delegated acts (Article 290 TFEU) which the Council and the European Parliament must formally adopt; as well as the recent entry into force of the Regulation on implementing acts (Regulation (EU) No. 182/2011of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers).
Amendments seeking to replace implementing acts with delegated acts : the report notes that the terms as "conditions", "obligations" and any type of "rules" implying obligations constitute wording normally used for delegated acts - not for implementing acts. The same applies for the modification of non-essential elements laid down in the basic act: they should be modified only by means of delegated acts (e.g. in the Single CMO Commission proposal: dates, non-application of certain paragraphs, measures for emergency situations).
Documents
2011/10/06
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Agriculture and Rural Development adopted the report drafted by Paolo DE CASTRO (S&D, IT) on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).
It recommends that the European Parliament’s position adopted at first reading, under the ordinary legislative procedure, should amend the Commission proposal as follows:
Council powers under Article 43(3) TFEU : in the report, it is recalled that Article 43(3) TFEU stipulates that “The Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aids and quantitative limitations”. This is an exception from Article 43(2) TFEU which requires the ordinary legislative procedure (OLP) to be used “to establish the common organisation of agricultural markets … and the other provisions necessary for the pursuit of the objectives of the common agricultural policy”. Indeed, the Lisbon Treaty has turned the OLP into the standard procedure for the adoption of EU legislative acts. As an exception, Article 43(3) TFEU needs therefore to be interpreted restrictively so as to ensure that the Legislator can exercise its legislative prerogatives under Article 43(2) TFEU.
Members consider that the Commission proposal on the Single CMO has not respected the principle that Article 43(3) TFEU needs to be interpreted restrictively. Defining conditions and criteria for fixing aid amounts, export refunds and minimum export prices should remain with the Legislator, leaving to the Commission only the fixing of amounts through implementing acts. Hence the proposal runs against the Legislator's prerogatives under Article 43(2) TFEU.
Against this background, the report notes that Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets should replace the corresponding parts of the new Single CMO Regulation. That Commission proposal for a Council Regulation essentially reproduces the corresponding provisions of the existing Single CMO Regulation 1234/2007.
Delegated and implementing acts : several amendments introduced by the Members aim to update the text by in order to reflect:
the common understanding reached between the institutions on the use of delegated acts (Article 290 TFEU) which the Council and the European Parliament must formally adopt; as well as the recent entry into force of the Regulation on implementing acts (Regulation (EU) No. 182/2011of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers).
Amendments seeking to replace implementing acts with delegated acts : the report notes that the terms as "conditions", "obligations" and any type of "rules" implying obligations constitute wording normally used for delegated acts - not for implementing acts. The same applies for the modification of non-essential elements laid down in the basic act: they should be modified only by means of delegated acts (e.g. in the Single CMO Commission proposal: dates, non-application of certain paragraphs, measures for emergency situations).
Documents
2011/09/26
EP - Vote in committee, 1st reading
2011/06/28
EP - Amendments tabled in committee
Documents
2011/05/30
EP - Committee draft report
Documents
2011/03/15
ESC - Economic and Social Committee: opinion, report
Documents
2011/03/14
IT_SENATE - Contribution
Documents
2011/03/08
DK_PARLIAMENT - Contribution
Documents
2011/03/07
PT_PARLIAMENT - Contribution
Documents
2011/02/27
UK_HOUSE-OF-LORDS - Contribution
Documents
2011/01/26
EP - DE CASTRO Paolo (S&D) appointed as rapporteur in AGRI
2011/01/18
EP - Committee referral announced in Parliament, 1st reading
2010/12/21
EC - Legislative proposal
Details
PURPOSE: to align Council Regulation (EC) No 1234/2007 on the Single Common Market Organisation with the differentiation between delegated and implementing powers of the Commission introduced by Articles 290 and 291 TFEU.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
LEGAL BASE: Article 42, first subparagraph and Article 43(2) TFEU.
CONTENT: Articles 290 and 291 TFEU establish a clear distinction between, on the one hand, the powers delegated to the Commission to adopt non-legislative acts and, on the other, the powers conferred on the Commission to adopt implementing acts:
Article 290 TFEU allows the legislator to delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as delegated acts;
Article 291 TFEU requires Member States to adopt all measures of national law necessary to implement legally binding Union acts. Those acts can confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to as implementing acts.
IMPACT ASSESSMENT: no need for an impact assessment since the proposal to align Council Regulation (EC) No 1234/2007 to the Lisbon Treaty is an inter-institutional matter that will concern all Council Regulations.
CONTENT: the Commission proposes to align Regulation (EC) No 1234/2007 to the new requirements of Articles 290 and 291 TFEU. The proposal is based on a careful qualification of the existing Commission powers under Regulation (EC) No 1234/2007 as "delegated" and "implementing". This was done against the background of the implementing measures adopted by the Commission on the basis of its current powers.
With regard to Article 290 TFEU , a Commission delegated act may determine the additional elements necessary for the proper functioning of the common market organisation established by the Legislator. For example, the Commission shall adopt delegated acts in order to lay down the conditions for operators for taking part in a scheme, the obligations deriving from the issue of a licence and, if necessary depending on the economic situation, whether it requires a guarantee for issue of licences. Similarly, the Legislator delegates to the Commission the power to adopt measures to establish eligibility criteria for products as regards market intervention. In addition, the Commission may adopt delegated acts regarding definitions.
With regard to Article 291 TFEU , the proposal specifies that in order to ensure that the CMO is implemented in Member States in a uniform manner and to avoid unfair competition or discrimination between operators, the Commission will be able to adopt implementing acts in accordance with Article 291(2) of the Treaty. The Commission will, therefore, be granted implementing powers under that provision, in particular as regards the uniform conditions under which market intervention measures apply, the uniform conditions for implementing aid schemes and for applying rules concerning marketing and production, and rules related to trade with Third countries. The Commission should also define the minimum characteristics for checks which Member States must apply.
In this proposal, the Commission also deals with Council powers under Article 43(3) TFEU . This provision stipulates that the Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aids and quantitative limitations. The provision forms an exception to Article 43(2) TFEU which requires the ordinary legislative procedure to be used to establish the common organisation of agricultural markets and the other provisions necessary for the pursuit of the objectives of the common agricultural policy. This reflects the general trend in the Lisbon Treaty which has turned the ordinary legislative procedure into the standard procedure for the adoption of EU legislative acts.
As an exception Article 43(3) TFEU needs to be interpreted restrictively so as to ensure that the Legislator can exercise its legislative prerogatives under Article 43(2) TFEU. This includes the Legislator regulating the fundamental elements of the common agricultural policy and taking the political decisions that shape its structure, instruments and effects. Against this background the specific procedure laid down in Art. 43(3) TFEU should only be applied where an issue referred to in that provision does not form part of the fundamental policy decisions reserved to the Legislator under Article 43(2) TFEU. Therefore, where such an issue is inextricably linked with the political substance of the decisions to be taken by the Legislator, Article 43(3) TFEU should not be applied.
Consequently, the proposal is based on the following principles:
the structural parameters and fundamental elements of the CAP may only be decided by the Legislator. For example, the public intervention (including the framework for the determination by the Commission of certain intervention prices by means of the tendering procedure) and milk and sugar quota schemes established by Regulation 1234/2007 should be decided by the Legislator, as these elements are inextricably linked to the definition of the content of the scheme established by the Legislator and the boundaries of this regime; measures on fixing prices, levies, aids and quantitative limitations as referred to in Article 43(3) which do not fall in the scope of Article 43(2) TFEU shall be taken by the Council. The Commission will submit a proposal for a Regulation based on Article 43(3) TFEU as regards the provisions in Article 21 on the conditions for mandatory aid for private storage of butter, in Article 99 on the production refund in the sugar sector, in Articles 101 and 102 on aids in the milk and milk products sector, in Article 108 on the supply of milk products to pupils, in Article 155 on aids in the silkworm sector, in Article 273 on export refunds and in Article 281 on live plants minimum export prices.
The proposed Regulations will, in respect of these provisions, provide that the conditions for fixing of aid amounts, export refunds and minimum export prices should be determined by the Council under Article 43(3) TFEU and that amounts of such aids, refunds and price levels should be fixed by the Commission by means of implementing acts.
The Commission will submit the proposals that need to be made with regard to Article 43(3) TFEU in due course to the Council.
Lastly, the content of the following proposals is integrated into this proposal:
European Parliament legislative resolution of 23 November on the proposal for a Regulation amending Council Regulation (EC) No 1234/2007 (Single CMO Regulation) as regards the aid granted in the framework of the German Alcohol Monopoly; proposal for a Regulation amending Council Regulations (EC) No 1290/2005 and (EC) No 1234/2007, as regards distribution of food products to the most deprived persons in the Union; proposal to amend Council Regulation (EC) No 1234/2007 as regards marketing standards; proposal to amend Council Regulation (EC) No 1234/2007 as regards contractual relations in the milk and milk products sector.
BUDGETARY IMPLICATION: this measure does not involve any additional Union expenditure.
Documents
2010/12/21
EC - Legislative proposal published
Details
PURPOSE: to align Council Regulation (EC) No 1234/2007 on the Single Common Market Organisation with the differentiation between delegated and implementing powers of the Commission introduced by Articles 290 and 291 TFEU.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
LEGAL BASE: Article 42, first subparagraph and Article 43(2) TFEU.
CONTENT: Articles 290 and 291 TFEU establish a clear distinction between, on the one hand, the powers delegated to the Commission to adopt non-legislative acts and, on the other, the powers conferred on the Commission to adopt implementing acts:
Article 290 TFEU allows the legislator to delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as delegated acts;
Article 291 TFEU requires Member States to adopt all measures of national law necessary to implement legally binding Union acts. Those acts can confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to as implementing acts.
IMPACT ASSESSMENT: no need for an impact assessment since the proposal to align Council Regulation (EC) No 1234/2007 to the Lisbon Treaty is an inter-institutional matter that will concern all Council Regulations.
CONTENT: the Commission proposes to align Regulation (EC) No 1234/2007 to the new requirements of Articles 290 and 291 TFEU. The proposal is based on a careful qualification of the existing Commission powers under Regulation (EC) No 1234/2007 as "delegated" and "implementing". This was done against the background of the implementing measures adopted by the Commission on the basis of its current powers.
With regard to Article 290 TFEU , a Commission delegated act may determine the additional elements necessary for the proper functioning of the common market organisation established by the Legislator. For example, the Commission shall adopt delegated acts in order to lay down the conditions for operators for taking part in a scheme, the obligations deriving from the issue of a licence and, if necessary depending on the economic situation, whether it requires a guarantee for issue of licences. Similarly, the Legislator delegates to the Commission the power to adopt measures to establish eligibility criteria for products as regards market intervention. In addition, the Commission may adopt delegated acts regarding definitions.
With regard to Article 291 TFEU , the proposal specifies that in order to ensure that the CMO is implemented in Member States in a uniform manner and to avoid unfair competition or discrimination between operators, the Commission will be able to adopt implementing acts in accordance with Article 291(2) of the Treaty. The Commission will, therefore, be granted implementing powers under that provision, in particular as regards the uniform conditions under which market intervention measures apply, the uniform conditions for implementing aid schemes and for applying rules concerning marketing and production, and rules related to trade with Third countries. The Commission should also define the minimum characteristics for checks which Member States must apply.
In this proposal, the Commission also deals with Council powers under Article 43(3) TFEU . This provision stipulates that the Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aids and quantitative limitations. The provision forms an exception to Article 43(2) TFEU which requires the ordinary legislative procedure to be used to establish the common organisation of agricultural markets and the other provisions necessary for the pursuit of the objectives of the common agricultural policy. This reflects the general trend in the Lisbon Treaty which has turned the ordinary legislative procedure into the standard procedure for the adoption of EU legislative acts.
As an exception Article 43(3) TFEU needs to be interpreted restrictively so as to ensure that the Legislator can exercise its legislative prerogatives under Article 43(2) TFEU. This includes the Legislator regulating the fundamental elements of the common agricultural policy and taking the political decisions that shape its structure, instruments and effects. Against this background the specific procedure laid down in Art. 43(3) TFEU should only be applied where an issue referred to in that provision does not form part of the fundamental policy decisions reserved to the Legislator under Article 43(2) TFEU. Therefore, where such an issue is inextricably linked with the political substance of the decisions to be taken by the Legislator, Article 43(3) TFEU should not be applied.
Consequently, the proposal is based on the following principles:
the structural parameters and fundamental elements of the CAP may only be decided by the Legislator. For example, the public intervention (including the framework for the determination by the Commission of certain intervention prices by means of the tendering procedure) and milk and sugar quota schemes established by Regulation 1234/2007 should be decided by the Legislator, as these elements are inextricably linked to the definition of the content of the scheme established by the Legislator and the boundaries of this regime; measures on fixing prices, levies, aids and quantitative limitations as referred to in Article 43(3) which do not fall in the scope of Article 43(2) TFEU shall be taken by the Council. The Commission will submit a proposal for a Regulation based on Article 43(3) TFEU as regards the provisions in Article 21 on the conditions for mandatory aid for private storage of butter, in Article 99 on the production refund in the sugar sector, in Articles 101 and 102 on aids in the milk and milk products sector, in Article 108 on the supply of milk products to pupils, in Article 155 on aids in the silkworm sector, in Article 273 on export refunds and in Article 281 on live plants minimum export prices.
The proposed Regulations will, in respect of these provisions, provide that the conditions for fixing of aid amounts, export refunds and minimum export prices should be determined by the Council under Article 43(3) TFEU and that amounts of such aids, refunds and price levels should be fixed by the Commission by means of implementing acts.
The Commission will submit the proposals that need to be made with regard to Article 43(3) TFEU in due course to the Council.
Lastly, the content of the following proposals is integrated into this proposal:
European Parliament legislative resolution of 23 November on the proposal for a Regulation amending Council Regulation (EC) No 1234/2007 (Single CMO Regulation) as regards the aid granted in the framework of the German Alcohol Monopoly; proposal for a Regulation amending Council Regulations (EC) No 1290/2005 and (EC) No 1234/2007, as regards distribution of food products to the most deprived persons in the Union; proposal to amend Council Regulation (EC) No 1234/2007 as regards marketing standards; proposal to amend Council Regulation (EC) No 1234/2007 as regards contractual relations in the milk and milk products sector.
BUDGETARY IMPLICATION: this measure does not involve any additional Union expenditure.
Documents
Documents
- Commission response to text adopted in plenary: SP(2012)627
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0280/2012
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A7-0322/2011
- Committee report tabled for plenary, 1st reading: A7-0322/2011
- Amendments tabled in committee: PE467.307
- Committee draft report: PE464.705
- Economic and Social Committee: opinion, report: CES0537/2011
- Contribution: COM(2010)0799
- Contribution: COM(2010)0799
- Contribution: COM(2010)0799
- Contribution: COM(2010)0799
- Legislative proposal: EUR-Lex
- Legislative proposal: COM(2010)0799
- Legislative proposal published: COM(2010)0799
- Legislative proposal published: EUR-Lex
- Legislative proposal: EUR-Lex COM(2010)0799
- Economic and Social Committee: opinion, report: CES0537/2011
- Committee draft report: PE464.705
- Amendments tabled in committee: PE467.307
- Committee report tabled for plenary, 1st reading/single reading: A7-0322/2011
- Commission response to text adopted in plenary: SP(2012)627
- Contribution: COM(2010)0799
- Contribution: COM(2010)0799
- Contribution: COM(2010)0799
- Contribution: COM(2010)0799
| Amendments | Dossier |
| 88 |
2010/0385(COD)
2011/06/28
AGRI
88 amendments...
Amendment 100 #
Proposal for a regulation Article 197 - paragraph 2 a (new) Amendment 101 #
Proposal for a regulation Article 197 - paragraph 2 b (new) 2b.Traditional terms, which are protected in accordance with Articles 24, 28 and 29 of Regulation (EC) No 753/2002, shall automatically be protected under this Regulation, provided that: (a) a summary of the definition or the conditions of use was submitted to the Commission by 1 May 2009; (b) Member States or third countries have not ceased to protect certain traditional terms.
Amendment 102 #
Proposal for a regulation Article 197 a (new) Article 197a Relationship with trademarks 1. Where a traditional term is protected under this Regulation, the registration of a trademark, which corresponds to one of the situations referred to in Article 197(3), shall be refused if the application for registration of the trademark does not concern wines qualified to use such a traditional term and is submitted after the date of submission of the application for protection of the traditional term to the Commission and the traditional term is subsequently protected. Trademarks registered in breach of the first subparagraph shall be declared invalid on application in accordance with the applicable procedures as specified by Directive 2008/95/EC of the European Parliament and of the Council or Council Regulation (EC) No 40/94. 2. A trademark, which corresponds to one of the situations referred to in Article 197(3), and which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before 4 May 2002 or before the date of submission of the application for protection of the traditional term to the Commission, may continue to be used and renewed notwithstanding the protection of the traditional term. In such cases the use of the traditional term shall be permitted alongside the relevant trademark. 3. A name shall not be protected as a traditional term, where in the light of a trademark's reputation and renown, such protection is liable to mislead the consumer as to the true identity, nature, characteristic or quality of the wine.
Amendment 103 #
Proposal for a regulation Article 197 b (new) Article 197b Homonyms 1. A term, for which an application is lodged, wholly or partially homonymous with that of a traditional term already protected under this Chapter shall be protected with due regard for local and traditional usage and the risk of confusion. A homonymous term which misleads consumers as to the nature, quality or the true origin of the products shall not be registered even if the term is accurate. The use of a protected homonymous term shall be subject to there being a sufficient distinction in practice between the homonym protected subsequently and the traditional term already protected, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer. 2. Paragraph 1 shall apply mutatis mutandis for traditional terms protected before 1 August 2009, which are partially homonymous with a protected designation of origin or geographical indication or a wine grape variety name or its synonym listed in Annex XV.
Amendment 104 #
Proposal for a regulation Article 197 c (new) Article 197c Cancellation The grounds for cancelling a traditional term shall be that it no longer meets the definition laid down in Article 196 or the requirements laid down in Articles 196a and 196b, Article 197(3), Article 197a(3) or Article 197b.
Amendment 105 #
Proposal for a regulation Article 197 d (new) Article 197d Traditional terms in third countries 1. Article 196 shall apply mutatis mutandis to terms traditionally used in third countries in connection with wine sector products with geographical indications of the third countries concerned. 2. Wines originating in third countries whose labels bear unprotected traditional indications may use these traditional indications on wine labels in accordance with the rules applicable in the third countries concerned, including those emanating from representative professional organisations.
Amendment 106 #
Proposal for a regulation Article 198 - paragraph 1 Amendment 107 #
Proposal for a regulation Article 198 - paragraph 2 2. In order to ensure the legitimate rights or interests of producers or operators, the Commission may, by means of delegated acts, define
Amendment 108 #
Proposal for a regulation Article 198 - paragraph 3 Amendment 109 #
Proposal for a regulation Article 202 1. Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation of products
Amendment 110 #
Proposal for a regulation Article 203 - paragraph 2 2.
Amendment 111 #
Proposal for a regulation Article 204 a (new) Article 204a Indication of the holding 1. The terms referring to a holding, other than the indication of the name of the bottler, producer or vendor, and authorised under the procedure provided for in paragraph 3, shall be reserved for wines with protected designation of origin or geographical indication provided that: (a) the wine is made exclusively from grapes harvested in vineyards exploited by that holding; (b) the winemaking is entirely carried out on that holding; (c) Member States regulate the use of their respective terms, authorised under the procedure provided for in paragraph 3. Third countries shall establish the rules on use applicable to their respective terms authorised under the procedure provided for in paragraph 3, including those emanating from representative professional organisations. 2. The name of a holding may be used by other operators involved in the marketing of the product only where the holding in question agrees to that use. 3. The Commission shall authorise, by means of an implementing act, the terms referring to a holding on the basis of a request submitted by the competent authorities of a Member State or third country.
Amendment 112 #
Proposal for a regulation Article 207 - paragraph 1 1. In order to ensure the conformity with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector, the Commission may, by means of delegated acts, adopt definitions, rules and restrictions concerning: (a)
Amendment 113 #
Proposal for a regulation Article 230 Amendment 114 #
Proposal for a regulation Article 238 – paragraph 1 – introductory phrase 1. In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports of the products in question, the Commission may, after having announced an impact study, by means of delegated acts, determine:
Amendment 115 #
Proposal for a regulation Article 268 - paragraph 1 - introductory phrase 1. In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring
Amendment 116 #
Proposal for a regulation Article 314 - paragraph 2 2. The following amounts shall be available in the given calendar years: – 2009: EUR 40 660 000, – 2010: EUR 82 110 000, – from 2011 onwards: EUR 122 610 000.
Amendment 117 #
Proposal for a regulation Annex V - part A - section III - point 2 - subparagraph 1a Member States shall be authorised to subdivide each of the classes provided for in points 1. and 2. into a maximum of three subclasses.
Amendment 118 #
Proposal for a regulation Annex V - part C - section III 1. The carcasses shall be classified by way of application of the provisions in point A.III. mutatis mutandis. However, the term 'round' in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be replaced by the term 'hindquarter'.
Amendment 31 #
Proposal for a regulation Recital 4 (4)
Amendment 32 #
Proposal for a regulation Article 1 - paragraph 1, point l Amendment 33 #
Proposal for a regulation Article 12 - paragraph 1 - point c) (c) shall be opened for beef and veal by the Commission, by means of implementing acts adopted without the a
Amendment 34 #
Proposal for a regulation Article 70 a (new) - in subsection III Article 70a Method for the calculation of the levy Milk or milk products marketed within the meaning of Article 5(h) of Regulation (EC) No 1788/2003 shall be taken into account for calculating the levy at the moment they leave any holding on the territory of the Member State or are used at the holding for commercial purposes. Where milk or milk products leave the holding for the purpose of destruction in application of sanitary measures pursuant to a decision of the competent authority of the Member State, the quantities concerned shall not be taken into account as deliveries or direct sales. Milk which leaves the holding for treatment or processing under contract shall be deemed deliveries.
Amendment 35 #
Proposal for a regulation Article 75 1. Purchaser status shall be subject to prior approval by the Member State
Amendment 36 #
Proposal for a regulation Article 75 a (new) Article 75a Obligations of producers Producers shall ensure that purchasers to whom they deliver are approved. The Member States shall lay down penalties where deliveries are made to non- approved purchasers.
Amendment 37 #
Proposal for a regulation Article 96 Amendment 38 #
Proposal for a regulation Article 96, paragraph 1, point c (c)
Amendment 39 #
Proposal for a regulation Article 97 The Commission
Amendment 40 #
Proposal for a regulation Article 101 - paragraph 2 2.
Amendment 41 #
Proposal for a regulation Article 108 a (new) Article 108a Eligible products 1. Member States may pay the aid on eligible products listed in Annex I to Commission Regulation (EC) No 657/2008 of 10 July 2008 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments1. They may apply stricter standards in compliance with the requirements for eligible products specified in Annex I to Regulation (EC) No 657/2008. 2. In the French overseas departments, milk flavoured with chocolate or otherwise, referred to in Annex I to Regulation (EC) No 657/2008, may be reconstituted milk. 3. Member States may authorise the addition of a maximum of 5 mg of fluorine per kilogram to category I products. 4. Aid shall only be granted on the products listed in Annex I to Regulation (EC) No 657/2008 to this Regulation if the products comply with the requirements of Regulation (EC) No 852/2004 and Regulation (EC) No 853/2004, and in particular with the requirements concerning preparation in an approved establishment and the identification marking requirements specified in Section I of Annex II to Regulation (EC) No 853/2004. ________________ 1 OJ L 183, 11.7.2008, p. 17.
Amendment 42 #
Proposal for a regulation Article 108 b (new) Amendment 43 #
Proposal for a regulation Article 109 – paragraph 1 Amendment 44 #
Proposal for a regulation Article 109 – paragraph 2 2. In order to ensure that the appropriate beneficiaries and applicants qualify for the aid referred to in Article 108(1), the Commission shall, by means of delegated acts, adopt the conditions for granting aid. In order to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts, adopt
Amendment 45 #
Proposal for a regulation Article 111 1. The Union shall finance a payment to producer organisations in the hops sector recognised in accordance with Article 209 which shall be ring-fenced to finance the aims referred to in that Article
Amendment 46 #
Proposal for a regulation Article 112 In order to ensure that the aids finance the aims referred to in Article 209, the Commission may, by means of
Amendment 47 #
Proposal for a regulation Article 118 Amendment 48 #
Proposal for a regulation Article 118 a (new) Amendment 49 #
Proposal for a regulation Article 118 b (new) Amendment 50 #
Proposal for a regulation Article 118 c (new) Article 118c Eligibility of producer groups Member States shall evaluate the eligibility of producer groups for the aid under this Regulation in order to establish that the aid is duly justified, taking into account the conditions and the date on which any earlier public aid was granted to the producer organisations or groups from which the members of the producer group in question originate and to any movements of members between producer organisations and producer groups.
Amendment 51 #
Proposal for a regulation Article 119 - points d - e - f - g - h (new) (d) the main activities of a producer group; (e) the content, submission and approval of recognition plans; (f) the conditions under which producer groups may request changes to recognition plans; (g) aid for investments; (h) mergers of producer groups and continuance of aid.
Amendment 52 #
Proposal for a regulation Article 126 Amendment 53 #
Proposal for a regulation Article 126 a (new) Amendment 54 #
Proposal for a regulation Article 126 b (new) Amendment 55 #
Proposal for a regulation Article 126 c (new) Amendment 56 #
Proposal for a regulation Article 127 The Commission may, by means of implementing acts, adopt all necessary measures relating to this Subsection regarding: (a) the management of operational funds and communications in respect of estimated amounts of operational funds, the relationship between operational programmes and rural development programmes, partial operational programmes; (b) the submission of operational programmes, including time limits and required accompanying documents; (
Amendment 57 #
Proposal for a regulation Article 128 – paragraph 1 – point a (a) the supply to children in educational establishments administered or recognised by the Member State, including nurseries, other pre-school establishments, primary and secondary schools, of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and
Amendment 58 #
Proposal for a regulation Article 128 - paragraph 3 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
Amendment 59 #
Proposal for a regulation Article 128 - paragraph 3 a (new) 3a. The Member States' strategy shall contain statements on: - the target group of the programme, - action to guarantee the programme's added value, in particular where, by way of exception, school fruit is consumed with other meals, - control measures, - flanking measures (e.g. development of websites, visits to producers), - the geographical or administrative level at which the programme is carried out.
Amendment 60 #
Proposal for a regulation Article 128 a (new) Amendment 61 #
Proposal for a regulation Article 128 b (new) Amendment 62 #
Proposal for a regulation Article 128 c (new) Article 128c General conditions for approval of aid applicants 1. Approval shall be conditional on the following written commitments by the applicant to the competent authority: (a) to use products financed under a School Fruit Scheme set up under, or aligned with, this Regulation for consumption by the children of its educational establishment or of the establishments in respect of which it will apply for aid; (b) to repay any aid unduly paid for the quantities concerned, if it has been found that these products have not been distributed to the pre-defined target group or have been paid for products that are not eligible under this Regulation; (c) in case of fraud or serious negligence, to pay an amount equal to the difference between the amount initially paid and the amount to which the applicant is entitled; (d) to make supporting documents available to the competent authorities at their request; (e) to submit to any check decided on by the competent authority of the Member State, in particular the scrutiny of records and physical inspection. Member States may make approval conditional on additional written commitments by the applicant to the competent authority. 2. If it is found that an applicant no longer meets the conditions for approval, or any other obligation under this Regulation, approval shall be suspended for one to twelve months or withdrawn, depending on the gravity of the irregularity. Such action shall not be taken in cases of force majeure or if the Member State finds that the irregularity was not committed deliberately or by negligence or was of minor importance. Approval, once withdrawn, may be restored at the applicant's request after a minimum period of 12 months.
Amendment 63 #
Proposal for a regulation Article 129 Amendment 64 #
Proposal for a regulation Article 130 The Commission may, by means of implementing acts, adopt all necessary measures related to this Subsection as regards, in particular: (a) aid for the supply of fruit to children; (b) the definitive allocation of aid between Member States; (
Amendment 65 #
Proposal for a regulation Article 138 - paragraph 2 2. The measures referred to in paragraph 1 shall relate to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety. These wines shall be eligible for promotion on third-country markets provided that: (a) the products are intended for direct consumption, export opportunities or potential new market outlets in the targeted third countries exist for them, and they display high added value; (b) the origin of the product is indicated as part of an information or promotion operation in the case of wine with a geographical indication; (c) the operation supported is clearly defined, including the specification of which products may be taken into account, the marketing operation and the estimated cost; (d) the support for promotion and information lasts no longer than three years for a given beneficiary in a given third country; if necessary, however, it may be extended once for a period of not more than two years; (e) the information and/or promotion messages are based on the intrinsic qualities of the wine, and comply with the legislation applicable in the third countries at which they are targeted; (f) The beneficiaries must have enough capacity to face the specific constraints of trade with third countries and have resources to ensure that the measure is implemented as effectively as possible. Member States shall in particular check that enough products in terms of quality and quantity will be available to ensure answering the market demand in the long run after the promotion operation. The beneficiaries may be private companies as well as professional organisations, producer organisations, inter-branch organisations or, where a Member State so decides, public bodies. In any event, Member States shall not make a public body the sole beneficiary of the promotion measure. Preference shall be given to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC, and to collective brand names.
Amendment 66 #
Proposal for a regulation Article 139 - paragraph 3 - subparagraph 2 a (new) 'The normal renewal of vineyards which have come to the end of their natural life' shall mean the replanting of the same parcel of land with the same variety according to the same system of vine cultivation. Member States may establish further specifications, especially as regards to the age of the vineyards replaced.
Amendment 67 #
Proposal for a regulation Article 139 - paragraph 3 - subparagraphs 2 and 2 a (new) The normal renewal of vineyards which have come to the end of their natural life
Amendment 68 #
Proposal for a regulation Article 139 - paragraph 4 - subparagraph 1 a (new) Participation in the costs of restructuring and conversion shall not cover the cost of purchasing agricultural vehicles.
Amendment 69 #
Proposal for a regulation Article 139 - paragraph 6 a (new) 6a. Member States shall lay down rules governing the detailed scope and the levels of support to be granted. The rules may provide in particular for the payment of flat-rate amounts, for maximum levels of support per hectare and for the adjustment of support on the basis of objective criteria. In case planting rights used do not result from the restructuring operation and in order to avoid distortion of competition, the support shall be reduced accordingly to take into account the fact that the used planting rights have not caused any grubbing-up cost. The support is paid for the area planted, defined in conformity with Article 75(1) of Commission Regulation (EC)No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector.1. ___________ 1 OJ L 170, 30.6.2008, p. 1.
Amendment 70 #
Proposal for a regulation Article 140 - paragraph 1 - subparagraph 1 a (new) Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered green harvesting.
Amendment 71 #
Proposal for a regulation Article 140 - paragraph 1 - subparagraph 1 a (new) Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall be considered green harvesting.
Amendment 72 #
Proposal for a regulation Article 140 - paragraph 4 a (new) 4a. The area of any parcel supported with green harvesting shall not be counted when calculating the yield limits set in the technical specifications of wines with a geographical indication.
Amendment 73 #
Proposal for a regulation Article 142 - paragraph 1 - subparagraph 1 a (new) The expression ‘adverse climatic event' shall have the same meaning as in Article 2(8) of Commission Regulation (EC) No 1857/2006.
Amendment 74 #
Proposal for a regulation Article 142 - paragraph 4 a (new) 4 a. Harvest insurance may be introduced by the Member States in their support programmes under the following conditions: a) in relation to harvest insurance measures, Member States shall adopt detailed provisions on the implementation of those measures, including those necessary to ensure that harvest insurance measures do not distort competition in the insurance market; b) producers applying for the scheme shall make their insurance policy available to the national authorities in order to allow the Member States to comply with the condition referred to in paragraph 2; c) Member States shall fix ceilings on the amounts that may be received for the support in order to respect the conditions referred to in paragraph 3. Where appropriate, Member States may fix the level on the basis of standard costs and standard assumptions of income loss. Member States shall ensure that the calculations: i) contain only elements that are verifiable; ii) are based on figures established by appropriate expertise; iii) indicate clearly the source of the figures; iv) are differentiated to take into account regional or local site conditions as appropriate.
Amendment 75 #
Proposal for a regulation Article 143 - paragraph 1 - subparagraph 1 a (new) Costs for the development of new products, processes and technologies as referred to in point b), shall concern preparatory operations, such as design, product, process or technology development and tests and tangible and/or intangible investments related to them, before the use of the newly developed products, processes and technologies for commercial purposes.
Amendment 76 #
Proposal for a regulation Article 143 - paragraph 3 3. Eligible expenditure shall be: a) the construction, acquisition, including leasing, or improvement of immovable property; b) the purchase or lease-purchase of new machinery and equipment, including computer software up to the market value of the asset; other costs connected with the leasing contract, such as lessor’s margin, interest refinancing costs, overheads and insurance charges, shall not be eligible expenditure; c) general costs linked to expenditure referred to in points (a), and (b), such as fees of architects and engineers and consultation fees, feasibility studies, the acquisition of patent rights and licences. By way of derogation from point (b), and only for micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC [14], Member States may, in duly substantiated cases, establish the conditions under which the purchase of second-hand equipment may be regarded as eligible expenditure. Simple replacement investments shall not be eligible expenditure so as to make sure that the aim of the measure, i.e. the improvement in terms of adjustment to market demand and increased competitiveness, is met by these investments. The eligible expenditure shall exclude the elements referred to in Article 71(3)(a), (b) and (c) of Regulation (EC) No 1698/2005.
Amendment 77 #
Proposal for a regulation Article 143 - paragraph 2 - subparagraph 1 a (new) The relevant aid shall include a lump-sum amount destined to compensate the costs of collection of these products which shall be transferred from the distiller to the producer, if the relevant costs are borne by the latter.
Amendment 78 #
Proposal for a regulation Article 143 - paragraph 3 a (new) 3a. The aid shall be paid to distillers that process the products delivered to distillation into raw alcohol with an alcoholic strength of at least 92 % vol.
Amendment 79 #
Proposal for a regulation Article 143 - paragraph 3 b (new) Member States may provide for support to be advanced provided that the beneficiary has lodged a security.
Amendment 80 #
Proposal for a regulation Article 143 - paragraph 3 c (new) Amendment 81 #
Proposal for a regulation Article 145 a (new) Article 145 a Mutual administrative assistance The provisions of this Chapter shall not affect the application of: a) specific provisions governing relations between Member States in combating fraud in the wine sector in so far as they are such as to facilitate the application of this Regulation; (b) rules relating to: (i) criminal proceedings or mutual assistance among Member States at judicial level in criminal matters; (ii) the administrative penalties procedure.
Amendment 82 #
Proposal for a regulation Article 146 - point b Amendment 83 #
Proposal for a regulation Article 146 - point e Amendment 84 #
Proposal for a regulation Article 146 - point g Amendment 85 #
Proposal for a regulation Article 174 - paragraph 1 - subparagraphs 2a, 2b and 2c (new) Amendment 86 #
Proposal for a regulation Article 175 - paragraph 2 - point d d)
Amendment 87 #
Proposal for a regulation Article 175 - paragraph 2 - point d d) the demarcation of the geographical area concerned shall be established in a detailed, precise and unambiguous manner;
Amendment 88 #
Proposal for a regulation Article 177 - paragraph 3 a (new) 3a. A Member State or third country, or the respected authorities thereof, shall not be considered an applicant.
Amendment 89 #
Proposal for a regulation Article 185 - paragraph 4 a (new) Amendment 90 #
Proposal for a regulation Article 189 - paragraph 2 - subparagraph 1 a (new) An amendment is considered to be minor if: a) it does not relate to the essential characteristics of the product; b) it does not alter the link; c) it does not include a change in the name or any part of the name of the product; d) it does not affect the demarcated geographical area;; e) it does not entail any further restrictions on the marketing of the product.
Amendment 91 #
Proposal for a regulation Article 193 - paragraph 1 Amendment 92 #
Proposal for a regulation Article 193 - paragraph 1 - point a Amendment 93 #
Proposal for a regulation Article 193 - paragraph 3 - point b Amendment 94 #
Proposal for a regulation Article 193 - paragraph 3 - point f Amendment 95 #
Proposal for a regulation Article 193 - paragraph 4 Amendment 96 #
Proposal for a regulation Article 196 a (new) Article 196a Conditions of use 1. The term to be protected shall be either: (a) in the official language(s), regional language(s) of the Member State or third country where the term originates; or (b) in the language used in commerce for this term. 2. The term used in a certain language shall refer to specific products referred to in Article 173(1). 3. The term shall be registered with its original spelling(s).
Amendment 97 #
Proposal for a regulation Article 196 b (new) Article 196b Conditions of validity 1. The recognition of a traditional term shall be accepted if: (a) the term exclusively consists of either: (i) a name traditionally used in commerce in a large part of the territory of the Union or of the third country concerned, to distinguish specific categories of grapevine products referred to in Article 173(1); or (ii) a reputed name traditionally used in commerce in at least the territory of the Member State or third country concerned, to distinguish specific categories of grapevine products referred to in Article 173(1); (b) the term shall : (i) not be generic; (ii) be defined and regulated in the Member State's legislation; or (iii) be subject to conditions of use as provided for by rules applicable to wine producers in the third country concerned, including those emanating from representative professional organisations. 2. For the purpose of paragraph (1), point (a), "traditional use" means: (a) at least five years in case of terms filed in language(s) referred to in Article 196(a), paragraph (1)(a); (b) at least 15 years in case of terms filed in language(s) referred to in Article 196(a), paragraph (1)(b); 3. For the purpose of paragraph (1), point (b)(i), "generic" means the name of a traditional term although it relates to a specific production method or ageing method, or the quality, colour, type of place, or a particular linked to the history of a grapevine product, has become the common name of the grapevine product in question in the Union. 4. The condition laid down in paragraph 1(b) shall not apply to the traditional terms referred to in Article 196 point (b).
Amendment 98 #
Proposal for a regulation Article 196 c (new) Article 196c Applicants 1. Competent authorities of Member States or third countries or representative professional organisations established in third countries may submit to the Commission an application for protection of traditional terms within the meaning of Article 196. 2. "Representative professional organisation" shall mean any producer organisation or association of producer organisations having adopted the same rules, operating in a given wine-growing area or in several wine-growing areas with a designation of origin or geographical indication, where it includes in its membership at least two thirds of the producers in the designation of origin or geographical indication area(s) in which it operates and accounts for at least two thirds of that area's production. A representative professional organisation may lodge an application for protection only for wines which it produces.
Amendment 99 #
Proposal for a regulation Article 196 d (new) Article 196d Recognition procedure Any decision to reject or recognise the traditional term concerned shall be taken by the Commission on the basis of the evidence available to it. It shall consider whether or not the conditions referred to in Article 196, 196a and 196b, or laid down in Article 197a(3) or Article 197b have been met. The decision on rejection shall be notified to the objector and to the Member State or the third-country authorities or the representative professional organisation established in the third country in question.
source: PE-467.307
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