BETA

143 Amendments of María Auxiliadora CORREA ZAMORA related to 2011/0281(COD)

Amendment 604 #
Proposal for a regulation
Article 1 – paragraph 2 – point n
(n) raw tobacco, Part XIV of Annex I;
2012/07/19
Committee: AGRI
Amendment 610 #
Proposal for a regulation
Article 3 – paragraph 3
3. Taking into account the specificities of the rice sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to update the definitions concerning the rice sector set out in Part I of Annex II.
2012/07/19
Committee: AGRI
Amendment 614 #
Proposal for a regulation
Article 3 a (new)
Article 3a The Commission’s powers Save as otherwise provided for by this Regulation, where the Commission’s powers are concerned, the Commission shall act in accordance with the procedure referred to in Article 162(2).
2012/07/19
Committee: AGRI
Amendment 617 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) 1 October to 30 SeptemberJuly to 30 June of the following year for the sugar sector.
2012/07/19
Committee: AGRI
Amendment 632 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
By means of a delegated act, the Commission shall review the reference prices laid down in paragraph 1 each year in line with production and market trends.
2012/07/19
Committee: AGRI
Amendment 654 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
(a) common wheat, durum wheat, barley and, maize; and sorghum;
2012/07/19
Committee: AGRI
Amendment 672 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
(a) common wheat, durum wheat, barley and, maize and sorghum, from 1 November to 31 May;
2012/07/19
Committee: AGRI
Amendment 680 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) mayshall be opened by the Commission, by means of implementing acts, for barley, maize, durum wheat, sorghum and paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);
2012/07/19
Committee: AGRI
Amendment 709 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 – point b
(b) for durum wheat, barley, maize, sorghum, paddy rice and beef and veal.
2012/07/19
Committee: AGRI
Amendment 720 #
Proposal for a regulation
Article 14 – paragraph 2 – point a
(a) for common wheat, durum wheat, barley, maize, sorghum, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;
2012/07/19
Committee: AGRI
Amendment 727 #
Proposal for a regulation
Article 14 – paragraph 3
3. The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common wheat, durum wheat, barley, maize, sorghum and paddy rice. Moreover, taking into account the need to ensure that production is orientated towards certain varieties of paddy rice, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases and reductions of the public intervention price.
2012/07/19
Committee: AGRI
Amendment 735 #
Proposal for a regulation
Article 15 – paragraph 2
Products may be disposed of by making them available, first and foremost, for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No […] if that scheme so provides. In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).
2012/07/19
Committee: AGRI
Amendment 747 #
Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
a a) dried fodder;
2012/07/20
Committee: AGRI
Amendment 778 #
Proposal for a regulation
Article 16 – paragraph 1 – point e
e) butter produced from cream obtained directly and exclusively from cow's milk;deleted
2012/07/20
Committee: AGRI
Amendment 787 #
Proposal for a regulation
Article 16 – paragraph 1 – point e b (new)
e b) poultrymeat and rabbitmeat;
2012/07/20
Committee: AGRI
Amendment 825 #
Proposal for a regulation
Article 17 – paragraph 2
2. The Commission mayshall, by means of implementing acts, decide to grant private storage aid for the products listed in Article 16, taking into account the conditions referred to in paragraph 1 of this Article. For olive oil, the Commission shall allow private storage aid to be granted in the circumstances set out in the second paragraph of this article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).]
2012/07/20
Committee: AGRI
Amendment 842 #
Proposal for a regulation
Article 17 a (new)
Article 17a Additional conditions for granting storage aid for white sugar 1. Decisions to grant aid for the storage of white sugar, under the terms laid down in Article 17(2), may only be taken in respect of undertakings that have been allocated a sugar quota. 2. Sugar stored in accordance with the provisions of this section during a marketing year may not be subject to any other of the storage measures refried to in Articles 20(d) and 20(m).
2012/07/20
Committee: AGRI
Amendment 843 #
Proposal for a regulation
Article 17 a (new)
Article 17a Mandatory aid for butter 1. Aid shall be granted for the private storage of butter produced from cream obtained directly and exclusively from cow’s milk. 2. The conditions and requirements relating to this subsection shall be adopted by the Commission by means of delegated acts in accordance with Article 160 and by means of implementing acts in accordance with the examination procedure laid down in Article 162(2). 3. The Council shall adopt measures setting Union aid for the private storage of butter in accordance with Article 43(3) of the Treaty.
2012/07/20
Committee: AGRI
Amendment 854 #
Proposal for a regulation
Article 18 – paragraph 3
3. Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat, durum wheat, barley, maize, sorghum and paddy rice.
2012/07/20
Committee: AGRI
Amendment 856 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
3a. Taking into account the particular seasonality and/or the specific nature of certain farms in some Member States or regions of Member States, the Commission may, by means of delegated acts, set different objective conditions governing factors that may trigger private storage.
2012/07/20
Committee: AGRI
Amendment 857 #
Proposal for a regulation
Article 18 – paragraph 5 – point a
a) the requirements to be met by intervention storage places for the products to be bought-in under the system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken-over in good condition and for their disposal at the end of the storage period;deleted
2012/07/20
Committee: AGRI
Amendment 865 #
Proposal for a regulation
Article 18 – paragraph 8 a (new)
8a. The Commission may lay down, by means of delegated acts, rules on the calculation of average Union prices and the obligations on operators to submit information on beef, pig and sheep carcasses, in particular as regards market and representative prices;
2012/07/20
Committee: AGRI
Amendment 867 #
Proposal for a regulation
Article 18 – paragraph 9
9. Taking into account the need to ensure the accuracy and reliability of the classification of carcasses, the Commission may, by means of delegated acts, provide for the review of the application of classification of carcasses in Member States by a Union committee composed of experts from the Commission and experts appointed by the Member States. Those provisions may provide for the Union toshall bear the costs resulting from the review activity.
2012/07/20
Committee: AGRI
Amendment 869 #
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
ba) implementation of the intervention limits set out in Article 13(1);
2012/07/20
Committee: AGRI
Amendment 871 #
Proposal for a regulation
Article 19 – paragraph 1 – point b b (new)
bb) implementation of the tendering procedure referred to in Article 13(2) for common wheat, butter and skimmed milk powder beyond the quantities set out in Article 13(1);
2012/07/20
Committee: AGRI
Amendment 872 #
Proposal for a regulation
Article 19 – paragraph 1 – point b c (new)
bc) the amount of the security referred to in Article 18(7)(c);
2012/07/20
Committee: AGRI
Amendment 873 #
Proposal for a regulation
Article 19 – paragraph 1 – point b d (new)
bd) the requirements to be met by storage places for the products to be purchased under the intervention system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken over in good condition and for their disposal at the end of the storage period;
2012/07/20
Committee: AGRI
Amendment 884 #
Proposal for a regulation
Article 20
Other implementing powers The Commission shall adopt implementing acts necessary in order to: a) respect the intervention limits set out in Article 13(1); and b) apply the tendering procedure referred to in Article 13(2) for common wheat, butter and skimmed milk powder beyond the quantities set out in Article 13(1).Article 20 deleted
2012/07/20
Committee: AGRI
Amendment 888 #
Proposal for a regulation
Part 2 – title 1 – chapter 2 – section 1 – title
ScheProgrammes to improve access to food
2012/07/20
Committee: AGRI
Amendment 890 #
Proposal for a regulation
Article 20 f (new)
Article 20f Target group Aid programmes to improve access to food for pupils who regularly attend primary or secondary-level educational establishments or nurseries, pre-school or other establishments offering extracurricular activities which are managed or approved by the competent authorities in a Member State.
2012/07/20
Committee: AGRI
Amendment 1154 #
Proposal for a regulation
Article 48 – title
Investments in the internal market and third countries
2012/07/23
Committee: AGRI
Amendment 1157 #
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
1. Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure and, marketing of winestructures and tools which improve the overall performance of the enterprise, its adaptation to market demands and increase its competitiveness on the internal market and in third countries and concern one or more of the following:
2012/07/23
Committee: AGRI
Amendment 1203 #
Proposal for a regulation
Article 52 – paragraph 2
2. The Union contribution to the apiculture programmes shall not exceedbe at least 50 % of the expenditure borne by Member States.
2012/07/23
Committee: AGRI
Amendment 1214 #
Proposal for a regulation
Article 52 – paragraph 3 a (new)
3a. The measures which may be included in the apiculture programme shall be the following: (a) technical assistance to beekeepers and groupings of beekeepers; (b) control of varroasis; (c) rationalisation of transhumance; (d) measures to support laboratories carrying out analyses of the physico- chemical properties of honey; (e) measures to support the restocking of hives in the Community; (f) cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products.
2012/07/23
Committee: AGRI
Amendment 1245 #
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
2. The marketing standards referred to in paragraph 1 may cover one or more of the following requirements, in line with a sectoral approach based on the specific characteristics of each sector, the need to regulate the placing of products on the market and the conditions defined in paragraph 3:
2012/07/23
Committee: AGRI
Amendment 1247 #
Proposal for a regulation
Article 59 – paragraph 2 – point a
(a) the technical definitions, designation and/or sales descriptions for sectors other than those set out in this Regulation and lists of carcasses and parts thereof to which Annex VI appliesmentioned in Article 60;
2012/07/23
Committee: AGRI
Amendment 1248 #
Proposal for a regulation
Article 59 – paragraph 2 – point c
(c) the species, plant variety or animal race or the commercial type;
2012/07/23
Committee: AGRI
Amendment 1249 #
Proposal for a regulation
Article 59 – paragraph 2 – point d
(d) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms, without prejudice to the provisions of Articles 69 to 100 of this Regulation;
2012/07/23
Committee: AGRI
Amendment 1252 #
Proposal for a regulation
Article 59 – paragraph 2 – point e
(e) criteria such as appearance, consistency, conformation, product characteristics and water content percentage;
2012/07/23
Committee: AGRI
Amendment 1253 #
Proposal for a regulation
Article 59 – paragraph 2 – point f
(f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;deleted
2012/07/23
Committee: AGRI
Amendment 1254 #
Proposal for a regulation
Article 59 – paragraph 2 – point g
(g) the type of farming and production method including oenological practices and related administrative rules, and operating circuit;
2012/07/23
Committee: AGRI
Amendment 1256 #
Proposal for a regulation
Article 59 – paragraph 2 – point i
(i) the frequency of collection, delivery, conservation and handling, the conservation method and temperature, storage and transport;
2012/07/23
Committee: AGRI
Amendment 1257 #
Proposal for a regulation
Article 59 – paragraph 2 – point j
(j) the place of farming and/or origin. The place of origin should, however, be indicated on fruit and horticultural products which are sold fresh to consumers;
2012/07/23
Committee: AGRI
Amendment 1259 #
Proposal for a regulation
Article 59 – paragraph 2 – point k
(k) the frequency of collection, delivery, preservation and handling;deleted
2012/07/23
Committee: AGRI
Amendment 1260 #
Proposal for a regulation
Article 59 – paragraph 2 – point l
(l) the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed;deleted
2012/07/23
Committee: AGRI
Amendment 1261 #
Proposal for a regulation
Article 59 – paragraph 2 – point m
(m) the percentage of water content;deleted
2012/07/23
Committee: AGRI
Amendment 1262 #
Proposal for a regulation
Article 59 – paragraph 2 – point p
(p) commercial documents, accompanying documents and registers to be kept;deleted
2012/07/23
Committee: AGRI
Amendment 1263 #
Proposal for a regulation
Article 59 – paragraph 2 – point q
(q) storage, transport;deleted
2012/07/23
Committee: AGRI
Amendment 1266 #
Proposal for a regulation
Article 59 – paragraph 2 – point r
(r) the certification procedure;deleted
2012/07/23
Committee: AGRI
Amendment 1267 #
Proposal for a regulation
Article 59 – paragraph 2 – point t
(t) time limits.deleted
2012/07/23
Committee: AGRI
Amendment 1269 #
Proposal for a regulation
Article 59 – paragraph 3 – introductory part
3. The marketing standards by sectors or products adopted pursuant to paragraph 1 shall be established without prejudice to the requirements on optional reserved terms listed in Articles 67(a) to 67(d) and the quality terms listed under Title IV of Regulation (EU) No [COM(2010)733] on agricultural product quality schemes, and shall take into account:
2012/07/23
Committee: AGRI
Amendment 1279 #
Proposal for a regulation
Article 59 – paragraph 3 – point c
(c) the interest of consumers toproducers in communicating the characteristics of the product and the means of its production and that of consumers in receiveing adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical level without incurring high administrative costs;
2012/07/23
Committee: AGRI
Amendment 1281 #
Proposal for a regulation
Article 59 – paragraph 3 – point c a (new)
(ca) under this regulation, ‘place of agricultural origin’ shall mean the place where the main farming activities related to the food product in question have taken place, including the breeding and rearing of animals, harvesting or, as applicable, the place where the holding from which the product originated is located.
2012/07/23
Committee: AGRI
Amendment 1292 #
Proposal for a regulation
Article 60 – title
Definitions, designations and, sales descriptions and other basic provisions for certain sectors and products
2012/07/23
Committee: AGRI
Amendment 1293 #
Proposal for a regulation
Article 60 – title
Definitions, designations and, sales descriptions and other basic provisions for certain sectors and products
2012/07/23
Committee: AGRI
Amendment 1294 #
Proposal for a regulation
Article 60 – paragraph 1 – point e
(e) poultrymeat and eggs;
2012/07/23
Committee: AGRI
Amendment 1297 #
Proposal for a regulation
Article 60 – paragraph 3
3. Taking into account the need to adapt to evolving consumer demands, and technical progress and to avoid creating obstacles to product innovation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VI.deleted
2012/07/23
Committee: AGRI
Amendment 1302 #
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1
Only oenological practices authorised in accordance with Annex VII and provided for in point (g) of Article 59(268(h) and in paragraphs 2 and 3 of Article 65 shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union.
2012/07/23
Committee: AGRI
Amendment 1305 #
Proposal for a regulation
Article 62 – paragraph 2 – introductory part
2. When authorising oenological practices for wine as referred to in point (g) of Article 59(2), the Commission shall:Article 68(h)
2012/07/23
Committee: AGRI
Amendment 1309 #
Proposal for a regulation
Article 64 a (new)
Article 64a Certification for hops 1. Products of the hops sector, harvested or prepared within the Union, shall be subject to a certification procedure. 2. Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. 3. The certificates shall indicate at least: (a) the place of production of the hops; (b) the year of harvesting; (c) the variety or varieties. 4. Products of the hops sector may be marketed or exported only if a certificate as referred to in paragraphs 1, 2 and 3 has been issued. In the case of imported products of the hops sector, the attestation provided for in Article 129(a)(2) shall be deemed to be equivalent to the certificate. 5. Measures derogating from paragraph 4 may be adopted by the Commission: (a) in order to satisfy the trade requirements of certain third countries; or (b) for products intended for special uses. The measures referred to in the previous subparagraph shall: (a) be adopted by implementing acts in accordance with the examination procedure referred to in Article 162(2); (b) not prejudice the normal marketing of products for which the certificate has been issued; (c) be accompanied by guarantees intended to avoid any confusion with those products.
2012/07/23
Committee: AGRI
Amendment 1322 #
Proposal for a regulation
Article 68 – paragraph 1 – point b
(b) lay down rules for the implementation of the definitions and sales descriptions provided for in Annex VI;
2012/07/23
Committee: AGRI
Amendment 1323 #
Proposal for a regulation
Article 68 – paragraph 1 – point f
(f) lay down rules for fixing of the tolerance level;
2012/07/23
Committee: AGRI
Amendment 1324 #
Proposal for a regulation
Article 68 – paragraph 1 – point g
(g) lay down rules for the implementation of Article 66.
2012/07/23
Committee: AGRI
Amendment 1326 #
Proposal for a regulation
Article 68 – paragraph 1 – point g a (new)
(ga) lay down rules for the approval of new oenological practices, coupage of must and wine, including definitions thereof, blending and restrictions thereof.
2012/07/23
Committee: AGRI
Amendment 1328 #
Proposal for a regulation
Article 68 – paragraph 1 – point g b (new)
(gb) lay down rules on the holding, circulation and use of products obtained by the experimental oenological practices referred to in Article 65.
2012/07/23
Committee: AGRI
Amendment 1334 #
Proposal for a regulation
Article 70 – paragraph 1 – point a – introductory part
(a) a designation of origin’ shall mean the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 69(1)118a(1) that complyingies with the following requirements:
2012/07/23
Committee: AGRI
Amendment 1349 #
Proposal for a regulation
Article 71 – paragraph 2 – subparagraph 1 a (new)
2a. The product specification shall consist at least of: (a) the name to be protected; (b) a description of the wine(s): (i) for wines with a designation of origin, its principal analytical and organoleptic characteristics; (ii) for wines with a geographical indication, its principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics; (c) where applicable, the specific oenological practices used to make the wine(s) as well as the relevant restrictions on making the wine(s); (d) the demarcation of the geographical area concerned; (e) the maximum yields per hectare; (f) an indication of the wine grape variety or varieties the wine or wines is or are obtained from; (g) detailed explanation of the link (h) applicable requirements laid down in Union or national provisions or, where foreseen by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements shall be objective, and non-discriminatory and compatible with Union law; (i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.
2012/07/23
Committee: AGRI
Amendment 1352 #
Proposal for a regulation
Article 73 – paragraph 1 – subparagraph 1 a (new)
The application for protection shall be filed with the Member State in whose territory the designation of origin or geographical indication originates. The Member State shall examine the application for protection to determine whether it meets the conditions set out in this Chapter. The Member State shall carry out a national procedure ensuring adequate publication of the application and providing for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and established or resident on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.
2012/07/23
Committee: AGRI
Amendment 1355 #
Proposal for a regulation
Article 73 – paragraph 3
3. If the Member State considers that the relevant requirements are met, it shall carry out a national procedure which ensures adequate publication of the product specification at least on the Internet: (a) publish the single document and the product specification at least on the Internet; and (b) forward to the Commission an application for protection containing the following information: (i) the name and address of the applicant; (ii) the single document; (iii) a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions of this Regulation; (iv) the reference to publication, as referred to in point (a).
2012/07/23
Committee: AGRI
Amendment 1358 #
Proposal for a regulation
Article 73 – paragraph 3 a (new)
3a. Where a Member State has no national legislation concerning the protection of designations of origin and geographical indications, it may, on a transitional basis only, grant protection in accordance with the terms of this Chapter at national level to the name with effect from the day the application is lodged with the Commission. Such transitional national protection shall cease on the date on which a decision on registration or refusal under this Subsection is taken.
2012/07/23
Committee: AGRI
Amendment 1363 #
Proposal for a regulation
Article 81 – paragraph 1 a (new)
Third countries shall provide the Commission with the technical report referred to in Article 71(1) of this Regulation in respect of their geographical indications under the previous paragraph. The Commission may decide to cancel the geographical indications of third countries which fail to comply with the terms of Article 70 of this Regulation, within a maximum period of 3 years from the date of their registration.
2012/07/23
Committee: AGRI
Amendment 1367 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Where the proposed amendment involves several amendments to the single document referred to in Article 71(1)(d), Articles 73 to 76 shall apply mutatis mutandis to the amendment application. Nevertheless, in cases where the proposed amendment is of little significance, the implementing acts should be used to decide whether to approve the request without applying the procedure established under Article 74(3) and Article 75. Where the proposed amendment does not involve any change to the single document, the following rules shall apply: where the geographical area is in a given Member State, that Member State shall express its position on the amendment and, if it is in favour, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them.
2012/07/23
Committee: AGRI
Amendment 1374 #
Proposal for a regulation
Article 86 – paragraph 2
2. Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt: a) the principles for the demarcation of the geographical area, and b) the definitions, restrictions and derogations concerning the production in the demarcated geographical area.deleted
2012/07/23
Committee: AGRI
Amendment 1376 #
Proposal for a regulation
Article 86 – paragraph 3
3. Taking into account the need to ensure product quality and traceability, the Commission may, by means of delegated acts, provide for the conditions under which product specifications may include additional requirements.deleted
2012/07/23
Committee: AGRI
Amendment 1380 #
Proposal for a regulation
Article 86 – paragraph 4 – point a
(a) the elements of the product specification;deleted
2012/07/23
Committee: AGRI
Amendment 1382 #
Proposal for a regulation
Article 86 – paragraph 4 – point c
(c) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, preliminary national procedures, scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;.
2012/07/23
Committee: AGRI
Amendment 1384 #
Proposal for a regulation
Article 86 – paragraph 4 – point d
(d) the conditions applicable to trans- border applications;deleted
2012/07/23
Committee: AGRI
Amendment 1386 #
Proposal for a regulation
Article 86 – paragraph 4 – point e
(e) the conditions for applications concerning geographical areas in a third country;deleted
2012/07/23
Committee: AGRI
Amendment 1387 #
Proposal for a regulation
Article 86 – paragraph 4 – point g
(g) the conditions related to amendments to product specifications.deleted
2012/07/23
Committee: AGRI
Amendment 1389 #
Proposal for a regulation
Article 86 – paragraph 5
5. Taking into account the need to ensure an adequate protection, the Commission may, by means of delegated acts, adopt restrictions regarding the protected name.
2012/07/23
Committee: AGRI
Amendment 1390 #
Proposal for a regulation
Article 86 – paragraph 6
6. Taking into account the need to ensure that economic operators and competent authorities are not prejudiced by the application of this Subsection as regards wine names which have been granted protection prior to 1 August 2009 or for which an application for protection has been made prior to that date, the Commission may, by means of delegated acts, adopt transitional provisions concerning: a) wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009 and wine names for which an application for protection has been made prior to that date; b) preliminary national procedure; c) wines placed on the market or labelled before a specific date; d) amendments to the product specifications.deleted
2012/07/23
Committee: AGRI
Amendment 1393 #
Proposal for a regulation
Article 87 – paragraph 2 a (new)
2a. Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of implementing acts, adopt: (a) the principles for the demarcation of the geographical area, and (b) the definitions, restrictions and derogations concerning the production in the demarcated geographical area. 2b. Taking into account the need to ensure product quality and traceability, the Commission may, by means of implementing acts, provide for the conditions under which product specifications may include additional requirements. 2c. Taking into account the need to ensure the legitimate rights and interests of producers or operators, the Commission may, by means of implementing acts, adopt rules on: (a) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication; (b) scrutiny by the Commission, objection procedure and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications; (c) the conditions applicable to trans- border applications; (d) the conditions for applications concerning geographical areas in a third country; (e) the date from which a protection or an amendment of a protection shall apply; (f) the conditions related to amendments to product specifications. 2d. Taking into account the need to ensure an adequate protection, the Commission may, by means of implementing acts, adopt restrictions regarding the protected name.
2012/07/23
Committee: AGRI
Amendment 1394 #
Proposal for a regulation
Article 89 – paragraph 1 a (new)
Traditional terms shall be recognised, defined and protected by the Commission.
2012/07/23
Committee: AGRI
Amendment 1406 #
Proposal for a regulation
Article 91 – paragraph 3
3. Taking into account the need to ensure the legitimate rights and interests of producers or operators, the Commission may, by means of delegated acts, establish the following: (a) the applicants that may apply for the protection of a traditional term; (b) the conditions of validity of an application for recognition of a traditional term; (c) the grounds for objecting to a proposed recognition of a traditional term; (d) the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names; (e) the grounds for cancellation of a traditional term; (f) the date of submission of an application or a request; (g) the procedures to be followed in respect of an application for the protection of a traditional term, including scrutiny by the Commission, objection procedures and the procedures on cancellation and modification.deleted
2012/07/23
Committee: AGRI
Amendment 1411 #
Proposal for a regulation
Article 91 – paragraph 4
4. Taking into account the specificities in trade between the Union and certain third countries, the Commission may, by means of delegated acts, adopt the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 89.
2012/07/23
Committee: AGRI
Amendment 1412 #
Proposal for a regulation
Article 92 – paragraph 4 a (new)
4a. Taking into account the need to ensure the legitimate rights and interests of producers or operators, the Commission may, by means of implementing acts, establish the following: (a) the applicants that may apply for the protection of a traditional term; (b) the conditions of validity of an application for recognition of a traditional term; (c) the grounds for objecting to a proposed recognition of a traditional term; (d) the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names; (e) the grounds for cancellation of a traditional term; (f) the date of submission of an application or a request; (g) the procedures to be followed in respect of an application for the protection of a traditional term, including scrutiny by the Commission, objection procedures and the procedures on cancellation and modification.
2012/07/23
Committee: AGRI
Amendment 1413 #
Proposal for a regulation
Article 92 – paragraph 4 b (new)
4b. Taking into account the specificities in trade between the Union and certain third countries, the Commission may, by means of implementing acts, adopt the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 89.
2012/07/23
Committee: AGRI
Amendment 1513 #
Proposal for a regulation
Part II – Title II – Chapter II – Section III – Subsection 1 (new)
SUBSECTION 1 SYSTEM OF PRODUCTION LIMITATION IN THE MILK SECTOR Article 103k Definitions 1. For the purposes of this Section, the following definitions shall apply: a) "milk" means the produce of the milking of one or more cows; b) "other milk products" means any milk product other than milk, in particular skimmed milk, cream, butter, yoghurt and cheese; when relevant, these may be converted into "milk equivalents" by applying coefficients to be fixed by the Commission by means of implementing acts; c) ‘producer’ means a farmer with a holding located within the geographical territory of a Member State, who produces and markets milk or who is preparing to do so in the very near future; d) "holding": as defined in Article 4 of the EU Regulation on Direct Payments; e) "purchaser" means an undertaking or group which buys milk from producers: - to subject it to collecting, packing, storing, chilling or processing, including under contract, - to sell it to one or more undertakings treating or processing milk or other milk products; f) "delivery" means any delivery of milk, not including any other milk products, by a producer to a purchaser, whether the transport is carried out by the producer, a purchaser, an undertaking processing or treating such products or a third party; g) "direct sale" means any sale or transfer of milk by a producer directly to consumers, as well as any sale or transfer of other milk products by a producer; h) "marketing" means deliveries of milk or direct sales of milk or other milk products; i) "individual quota" means a producer's quota at 1 April of any twelve-month period; j) "national quota" means the quota referred to in Article 103l, fixed for each Member State; k) "available quota" means the quota available to producers on 31 March of the twelve-month period for which the surplus levy is calculated, taking account of all transfers, sales, conversions and temporary re-allocations provided for in this Regulation which have taken place during that twelve-month period. 2. As regards the definition given in point (e) of paragraph 1, any group of purchasers in the same geographical area which carries out the administrative and accounting operations necessary for the payment of the surplus levy on behalf of its members shall also be regarded as a purchaser. For the purposes of the first sentence of this subparagraph, Greece shall be considered a single geographical area and it may deem an official body to be a group of purchasers. 3. In order to ensure, in particular, that no quantity of marketed milk or other marketed milk products is excluded from quota arrangements, the Commission may, while respecting the definition of ‘delivery’ given in point (f), adjust the definition of ‘direct sale’ by means of a delegated act. Article 103l National quotas 1. The national quotas for the production of milk and other milk products marketed during five consecutive periods of twelve months commencing on 1 April 2015 (hereinafter referred to as ‘twelve-month periods’) are fixed in Annex [VIIIa]. 2. The quotas referred to in paragraph 1 shall be divided between producers in accordance with Article 103m, distinguishing between deliveries and direct sales. Any overrun of the national quotas shall be determined nationally in each Member State, in accordance with this Section and making a distinction between deliveries and direct sales. 3. The national quotas set out in Annex (VIIIa) shall be fixed without prejudice to possible review in the light of the general market situation and particular conditions existing in certain Member States. 4. For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the national quotas shall include all milk or milk equivalent delivered to a purchaser or sold directly, irrespective of whether it is produced or marketed under a transitional measure applicable in those countries. 5. The Commission shall, by means of implementing acts, adopt the rules necessary for a uniform application of this Article in the Member States. Procedures, notifications and technical criteria shall be set out in these rules. Article 103m Individual quotas 1. The producers' individual quota or quotas at 1 April 2015 shall be equal to their individual reference quantity or quantities at 31 March 2015 without prejudice to transfers, sales and conversions of quota that take effect on 1 April 2015. 2. Producers may have either one or two individual quotas, one for deliveries and the other for direct sales. A producer's quantities may be converted from one quota to the other only by the competent authority of the Member State, at the duly justified request of the producer. 3. Where a producer has two quotas, his contribution to any surplus levy due shall be calculated separately for each. 4. The part of the Finnish national quota allocated to the deliveries referred to in Article 105l may be increased by the Commission by means of implementing acts to compensate Finnish SLOM producers up to 200 000 tonnes. This reserve, to be allocated in accordance with Community legislation, must be used exclusively on behalf of producers whose right to take up production again has been affected as a result of accession. 5. Individual quotas shall be modified, where appropriate, for each of the twelve- month periods concerned, so that, for each Member State, the sum of the individual quotas for the deliveries and that for the direct sales does not exceed the corresponding part of the national quota adjusted in accordance with Article 103o, taking account of any reductions made for allocation to the national reserve as provided for in Article 103q. Article 103n Allocation of quotas from the national reserve Member States shall adopt rules allowing for allocation to producers of all or part of the quotas from the national reserve provided for in Article 103q on the basis of objective criteria to be notified to the Commission. Article 103o Management of quotas 1. The Commission shall adjust for each Member State and for each period, before the end of that period, by means of implementing acts provided for in Article 103af, the division between 'deliveries' and 'direct sales' of national quotas, in the light of the conversions requested by producers between individual quotas for deliveries and for direct sales. 2. Member States shall forward to the Commission each year, by dates to be fixed by the Commission and according to rules the latter shall establish by means of an implementing act in accordance with Article 162, the information necessary to: a) make the adjustment referred to in paragraph 1 of this Article; b) calculate the surplus levy to be paid by each Member State. Article 103p Fat content 1. Each producer shall be assigned a reference fat content, to be applied to the individual quota for deliveries allocated to that producer. 2. For the quotas allocated to producers on 31 March 2015 in accordance with Article 105c(1), the reference fat content referred to in paragraph 1 shall be the same as the reference fat content applied to that quota at that date. 3. The reference fat content shall be altered during the conversion referred to in Article 103m(2) and where quotas are acquired, transferred or temporarily transferred in accordance with rules to be established by the Commission by means of an implementing act pursuant to Article 103af(b). 4. For new producers having an individual quota for deliveries allocated entirely from the national reserve, the fat content shall be fixed in accordance with rules to be established by the Commission by means of an implementing act pursuant to Article 103af(b). 5. The individual reference fat content referred to in paragraph 1 shall be adjusted, where appropriate, upon the entry into force of this Regulation and thereafter, at the beginning of each twelve-month period as necessary, so that, for each Member State, the weighted average of the individual representative fat contents does not exceed by more than 0.1 gram per kg the reference fat content set in Annex [VIIIb]. Article 103q National reserve 1. Each Member State shall set up a national reserve as part of the national quotas fixed in Annex [VIIIa], in particular with a view to making the allocations provided for in Article 103l. The national reserve shall be replenished, as appropriate, by withdrawing some quantities as provided for in Article 103r, retaining part of transfers as provided for in Article 103w, or by making an across- the-board reduction in all individual quotas. The quotas in question shall retain their original purpose, i.e. deliveries or direct sales. 2. Any additional quotas allocated to a Member State shall automatically be placed in the national reserve and divided into deliveries and direct sales according to foreseeable needs. 3. The quotas placed in the national reserve shall not have a reference fat content. Article 103r Cases of inactivity 1. When a natural or legal person holding individual quotas no longer meets the conditions referred to in Article 103k a(c) during a twelve-month period, the corresponding quantities shall revert to the national reserve no later than 1 April of the following calendar year, except where that person once again becomes a producer within the meaning of point (c) of Article 103l no later than that date. Where that person becomes once again a producer not later than the end of the second twelve-month period following withdrawal, all or part of the individual quota which had been withdrawn shall revert to that person no later than 1 April following the date of application. 2. Where producers do not market a quantity equal to at least 85 % of their individual quota during at least one twelve-month period, Member States may decide whether and on what conditions all or part of the unused quota shall revert to the national reserve. Member States may determine on what conditions a quota shall be re-allocated to the producer concerned should he resume marketing. 3. Paragraphs 1 and 2 shall not apply in cases of force majeure and in duly justified cases temporarily affecting the production capacity of the producers concerned and recognised by the competent authority. Article 103s Temporary transfers 1. By the end of each twelve-month period, Member States shall authorise, for the period concerned, any temporary transfers of part of individual quotas which the producers who are entitled thereto do not intend to use. Member States may regulate transfer operations according to the categories of producers or milk production structures concerned, may limit them to the level of the purchaser or within regions, authorise complete transfers in the cases referred to in Article 103r(3) and determine to what extent the transferor can repeat transfer operations. 2. Any Member State may decide not to implement paragraph 1 on the basis of one or both of the following criteria: a) the need to facilitate structural changes and adjustments; b) overriding administrative needs. Article 103t Transfers of quotas together with land 1. Individual quotas shall be transferred with the holding to the producers taking it over when it is sold, leased, transferred by actual or anticipated inheritance or any other means involving comparable legal effects for the producers, in accordance with detailed rules to be determined by the Member States, taking account of the areas used for dairy production or other objective criteria and, where applicable, of any agreement between the parties. The part of the quota which, where applicable, has not been transferred with the holding shall be added to the national reserve. 2. Where quotas have been or are transferred in accordance with paragraph 1 by means of rural leases or by other means involving comparable legal effects, Member States may decide, on the basis of objective criteria and with the aim of ensuring that quotas are attributed solely to producers, that the quota shall not be transferred with the holding. 3. Where land is transferred to the public authorities and/or for use in the public interest, or where the transfer is carried out for non-agricultural purposes, Member States shall ensure that the necessary measures are taken to protect the legitimate interests of the parties, and in particular that producers giving up such land are in a position to continue milk production if they so wish. 4. Where there is no agreement between the parties, in the case of tenancies due to expire without any possibility of renewal on similar terms, or in situations involving comparable legal effects, the individual quotas in question shall be transferred in whole or in part to the producer taking them over, in accordance with provisions adopted by the Member States, taking account of the legitimate interests of the parties. Article 103u Special transfer measures 1. With a view to successfully restructuring milk production or improving the environment, Member States may, in accordance with detailed rules which they shall lay down, taking account of the legitimate interests of the parties concerned: a) grant compensation in one or more annual instalments to producers who undertake to abandon permanently all or part of their milk production and place the individual quotas thus released in the national reserve; b) determine on the basis of objective criteria the conditions on which producers may obtain, in return for payment, at the beginning of a twelve-month period, the re-allocation by the competent authority or a body designated by that authority of individual quotas released definitively at the end of the preceding twelve-month period by other producers in return for compensation in one or more annual instalments equal to the abovementioned payment; c) centralise and supervise transfers of quotas without land; d) provide, in the case of land transferred with a view to improving the environment, for the individual quota concerned to be allocated to a producer giving up the land but wishing to continue milk production; e) determine, on the basis of objective criteria, the regions or collection areas within which the permanent transfer of quotas without transfer of the corresponding land is authorised, with the aim of improving the structure of milk production; f) authorise, upon application by a producer to the competent authority or a body designated by that authority, the definitive transfer of quotas without transfer of the corresponding land, or vice versa, with the aim of improving the structure of milk production at the level of the holding or to allow for extensification of production. 2. Paragraph 1 may be implemented at national level, at the appropriate territorial level or in specified collection areas. Article 103v Retention of quotas 1. In the case of transfers as referred to in Articles 103t and 103u Member States may, on the basis of objective criteria, retain part of the individual quotas for their national reserve. 2. Where quotas have been or are transferred in accordance with Articles 103t and 103u with or without the corresponding land by means of rural leases or by other means involving comparable legal effects, Member States may decide, on the basis of objective criteria and with the aim of ensuring that quotas are solely attributed to producers, whether and under which conditions all or part of the transferred quota shall revert to the national reserve. Article 103w Aid for the acquisition of quotas No financial assistance linked directly to the acquisition of quotas may be granted by any public authority for the sale, transfer or allocation of quotas under this Section. Article 103x Surplus levy 1. A surplus levy shall be payable on milk and other milk products marketed in excess of the national quota. The levy shall be set, per 100 kilograms of milk, at EUR 27.83. 2. Member States shall be liable to the Community for the surplus levy resulting from overruns of the national quota, determined nationally and separately for deliveries and direct sales, and between 16 October and 30 November following the twelve-month period concerned, shall pay 99 % of the amount due to the EAGF. 3. If the surplus levy provided for in paragraph 1 has not been paid before the due date, and after consultation of the Committee on the Agricultural Funds, the Commission shall deduct a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Article xx and paragraph x of Article xx of the Horizontal (EC) Regulation. Before taking its decision, the Commission shall warn the Member State concerned, which shall make its position known within one week. Article xx of the Horizontal (EC) Regulation shall not apply. Article 103y Contribution of producers to the surplus levy due The surplus levy shall be entirely allocated, in accordance with Articles 103x and 103ac, among the producers who have contributed to each of the overruns of the national quotas referred to in Article 103l(2). Without prejudice to Articles 103z and 103ac(1), producers shall be liable vis-à- vis the Member State for payment of their contribution to the surplus levy due, calculated in accordance with Articles 103o, 103p and 103z, for the mere fact of having overrun their available quotas. Article 103z Surplus levy on deliveries 1. In order to draw up the definitive surplus levy statement, the quantities delivered by each producer shall be increased or reduced to reflect any difference between the real fat content and the reference fat content. 2. Each producer's contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to deliveries has or has not been re-allocated, in proportion to the individual quotas of each producer or according to objective criteria to be set by the Member States: a) either at national level on the basis of the amount by which each producer's quota has been exceeded, b) or firstly at the level of the purchaser and thereafter at national level where appropriate. Article 103aa Role of purchasers 1. Purchasers shall be responsible for collecting from producers contributions due from the latter by virtue of the surplus levy and shall pay to the competent body of the Member State, before a date laid down by the Commission by means of implementing acts pursuant to Article 103af(d), (f) and (g), the amount of these contributions deducted from the price of the milk paid to the producers responsible for the overrun or, failing this, collected by any other appropriate means. 2. Where a purchaser fully or partially replaces one or more other purchasers, the individual quotas available to the producers shall be taken into account for the remainder of the twelve-month period in progress, after deduction of quantities already delivered and account being taken of their fat content. This paragraph shall also apply where a producer transfers from one purchaser to another. 3. Where, during the reference period, quantities delivered by a producer exceed that producer's available quota, the relevant Member State may decide that the purchaser shall deduct part of the price of the milk in any delivery by the producer concerned in excess of the quota, by way of an advance on the producer's contribution, in accordance with detailed rules laid down by the Member State. The Member State may make specific arrangements to enable purchasers to deduct this advance where producers deliver to several purchasers. Article 103ab Authorisation Purchaser status will be subject to prior approval by the Member State in accordance with criteria to be laid down by the Commission by means of delegated acts pursuant to Article 103ae(f) and in accordance with the procedure established by implementing acts pursuant to Article 103af. Article 103ac Surplus levy on direct sales 1. In the case of direct sales, each producer's contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to direct sales has or has not been re-allocated, at the appropriate territorial level or at national level. 2. Member States shall establish the basis of calculation of the producer's contribution to the surplus levy due on the total quantity of milk sold, transferred or used to manufacture the milk products sold or transferred by applying criteria fixed by the Commission by means of delegated acts pursuant to Article 103ae(b). 3. No correction linked to fat content shall be taken into account for the purpose of drawing up the definitive surplus levy statement. 4. The Commission shall determine by means of implementing acts pursuant to points (d) and (f) of Article 103af how and when the surplus levy shall be paid to the Member State’s competent body. Article 103ad Amounts paid in excess or unpaid 1. Where, in the case of deliveries or direct sales, the surplus levy is found to be payable and the contribution collected from producers is greater than that levy, the Member State may: a) use partially or totally the excess to finance the measures referred to in Article 103u(1)(a), and/or b) redistribute it partially or totally to producers who: - fall within priority categories established by the Member State on the basis of objective criteria and within the period to be laid down by the Commission by means of delegated acts pursuant to Article 103ae(g), - are affected by an exceptional situation resulting from a national rule unconnected with the quota system for milk and other milk products set up by this Chapter. 2. Where it is established that no surplus levy is payable, any advances collected by purchasers or the Member State shall be reimbursed no later than the end of the following twelve-month period. 3. Where a purchaser does not meet the obligation to collect the producers' contribution to the surplus levy in accordance with Article 103aa, the Member State may collect unpaid amounts directly from the producer, without prejudice to any penalties it may impose upon the defaulting purchaser. 4. Where a producer or a purchaser fails to comply with the time limit for payment, interest on arrears to be fixed by the Commission by means of an implementing act pursuant to Article 103af(e) shall be paid to the Member State. Article 103ae Delegated acts In order to ensure that the milk quota system achieves its objectives, in particular, efficiency in the use and calculation of the individual quotas, and collection and use of the levy, the Commission shall by means of delegated acts adopt rules concerning: a) the temporary and definitive conversions of quotas; b) the allocation of unused quotas; c) the threshold for the fat correction factor; d) the obligation on producers to deliver to approved purchasers; e) the criteria for approval of purchasers by Member States; f) the objective criteria for reallocation of the additional levy; g) any modification to the definition of "direct sale", bearing in mind the definition of "delivery" laid down in Article 103k(f). Article 103af Implementing acts The Commission shall, by means of implementing acts, lay down the rules necessary for the application of the quota system, including: a) definitive conversions and the division, after notification of Member States, of national quotas between deliveries and direct sales; b) determination of the coefficient for fat content of individual quotas and fat correction; c) determination by Member States of the milk equivalent; d) the procedure, time scale and operation for payment of the levy, reallocation of the additional levy, and reduction or advances when the time scale has to be adhered to; e) the imposition of interest for delays in payment and correct charges on the levy; f) informing producers of new definitions, notification of individual quotas and of the levy; g) information on applications and agreements in regard to the additional levy in the milk sector; h) the establishment of a template for declarations of deliveries and direct sales; i) the making of declarations, keeping of registers and notification of information by producers and purchasers; j) checks on deliveries and direct sales.
2012/07/24
Committee: AGRI
Amendment 1665 #
Proposal for a regulation
Article 106 – paragraph 1 a (new)
Notwithstanding the foregoing, producer organisations constituted by producers in the fruit and vegetables, olive oil and wine sectors should include at last one of objectives i), ii) or iii).
2012/07/25
Committee: AGRI
Amendment 1746 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) arranging the orderly withdrawal or coordinated processing of the product at times of clear market imbalances in a marketing year with the goal of restoring the normal functioning of the market.
2012/07/25
Committee: AGRI
Amendment 1747 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) concentrating and co-ordinating supply and marketing of the produce of the members;
2012/07/25
Committee: AGRI
Amendment 1754 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) adapting production and processing jointly to the requirements of the market and improving the product;
2012/07/25
Committee: AGRI
Amendment 1756 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) promoting the rationalisation and improvement of production and processing.
2012/07/25
Committee: AGRI
Amendment 1770 #
Proposal for a regulation
Article 108 – paragraph 2
2. For interbranch organisations in the olive oil and table olive and tobacco sectors, the specific aim referred to in point (c) of paragraph 1 may also include at least one of the following objectives: (a) concentrating and co-ordinating supply and marketing of the produce of the members; (b) adapting production and processing jointly to the requirements of the market and improving the product; (c) promoting the rationalisation and improvement of production and processing.deleted
2012/07/25
Committee: AGRI
Amendment 1830 #
Proposal for a regulation
Article 111 – paragraph 1 a (new)
Likewise, where one or more of the activities referred to in the second subparagraph of this paragraph is pursued by a recognised interbranch organisation in the tobacco sector and is in the general economic interest of those economic operators whose activities relate to one or more of the products concerned, the Member State which has granted recognition or the Commission, where recognition has been granted by the Commission, may decide that individual economic operators or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question. The activities referred to in the above subparagraph shall relate to one of the following objectives: (a) research to add value to the products, in particular through new uses which do not pose a threat to public health; (b) studies to improve the quality of leaf or baled tobacco; (c) research into methods of cultivation permitting reduced use of plant health products and guaranteeing conservation of the soil and the environment.
2012/07/25
Committee: AGRI
Amendment 1870 #
Proposal for a regulation
Part III – Chapter -1 new
Chapter -1 General provisions Article 116a General Principles Unless otherwise provided for in this Regulation or in provisions adopted pursuant thereto, the following shall be prohibited in trade with third countries: a) the levying of any charge having equivalent effect to a customs duty; b) the application of any quantitative restriction or measure having equivalent effect.
2012/07/25
Committee: AGRI
Amendment 1872 #
Proposal for a regulation
Article 117 – paragraph 1
1. Without prejudice to cases where import or export licences are required in accordance with this Regulation, the import for release into free circulation or the export of one or more agricultural products into or from the Union may be made subject to the presentation of a licence, taking into account the need for licences for the management of the markets concerned and, in particular, for monitoring trade in the products concernedDoes not affect English version.
2012/07/25
Committee: AGRI
Amendment 1874 #
Proposal for a regulation
Article 117 – paragraph 1 a (new)
(1a) Specifically, the import of products from the following sectors may be made subject to the presentation of an import licence: a) cereals; b) rice; c) sugar; d) seeds; e) olive oil and table olives, with regard to products falling within CN codes 1509, 1510 00, 0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39; f) flax and hemp, as far as hemp is concerned; g) fruit and vegetables; h) processed fruit and vegetables; i) bananas; j) wine; k) live plants; l) beef and veal; m) milk and milk products; n) pigmeat; o) sheepmeat and goatmeat; p) eggs; q) poultrymeat; r) agricultural ethyl alcohol. The export of products from the following sectors may be made subject to the presentation of an export licence: a) cereals; b) rice; c) sugar; d) olive oil and table olives, with regard to olive oil referred to in point (a) of Part VII of Annex I; e) fruit and vegetables; f) processed fruit and vegetables; g) wine; h) beef and veal; i) milk and milk products; j) pigmeat; k) sheepmeat and goatmeat; l) eggs; m) poultrymeat; n) agricultural ethyl alcohol.
2012/07/25
Committee: AGRI
Amendment 1879 #
Proposal for a regulation
Article 118 – paragraph 1 – point a
a) the list of agricultural products subject to the presentation of an import or export licence;deleted
2012/07/25
Committee: AGRI
Amendment 1885 #
Proposal for a regulation
Article 120 a (new)
Article 120a Import duties Save as otherwise provided for pursuant to this Regulation, the rates of import duty in the Common Customs Tariff shall apply to the products referred to in Article 1.
2012/07/25
Committee: AGRI
Amendment 1886 #
Proposal for a regulation
Article 121 – title
Implementation of international and other agreements
2012/07/25
Committee: AGRI
Amendment 1887 #
Proposal for a regulation
Article 121 – paragraph 1
The Commission shall, by means of implementing acts, adopt measures to implement international agreements concluded under Article 218 of the Treaty or any other act adopted in accordance with Article 43(2) of the Treaty or the Common Customs Tariff as regards the method for calculation ofng import duties for agricultural products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
2012/07/25
Committee: AGRI
Amendment 1888 #
Proposal for a regulation
Article 121 a (new)
Article 121a Calculation of import duties for cereals 1. Notwithstanding Article 121, the import duty on products covered by CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00 00, 1005 10 90, 1005 90 00 and 1007 00 90 other than hybrid for sowing, shall be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the conventional rate of duty as determined on the basis of the combined nomenclature. 2. The import duty referred to in paragraph 1 shall be calculated by the Commission, by means of implementing acts, on the basis of the representative cif import prices of the products indicated in paragraph 1 which are determined periodically. 3. The Commission shall establish, by means of delegated acts, the minimum requirements for high-quality common wheat. 4. The Commission shall, by means of implementing acts, lay down the following: (i) the price quotations to be taken into consideration, (ii) the possibility, where appropriate in specific cases, of giving operators the opportunity to know the duty applicable before the arrival of the consignments concerned.
2012/07/25
Committee: AGRI
Amendment 1889 #
Proposal for a regulation
Article 121 b (new)
Article 121b Calculation of import duties for husked rice 1. Notwithstanding Article 121, the import duty on husked rice falling within CN code 1006 20 shall be fixed by the Commission, by means of implementing acts, within ten days of the end of the reference period concerned in accordance with point 1 of Annex VIIA. The Commission shall fix, by means of implementing acts, the new applicable rate if the calculations made pursuant to the annex require it to be changed. Until such time as a new applicable rate is fixed, the duty previously fixed shall apply. 2. In order to calculate the imports referred to in point 1 of Annex VII, account shall be taken of the quantities for which import licences for husked rice falling within CN code 1006 20 were issued in the corresponding reference period, excluding the import licences for Basmati rice referred to in Article 121(c). 3. The annual reference quantity shall be 449 678 tonnes. The partial reference quantity for each marketing year shall correspond to half the annual reference quantity.
2012/07/25
Committee: AGRI
Amendment 1890 #
Proposal for a regulation
Article 121 c (new)
Article 121c Calculation of import duties for husked Basmati rice Notwithstanding Article 121, the husked Basmati rice varieties falling within CN codes 1006 20 17 and 1006 20 98 listed in Annex VIIb shall qualify for a zero rate of import duty under the conditions fixed by the Commission by means of implementing acts.
2012/07/25
Committee: AGRI
Amendment 1891 #
Proposal for a regulation
Article 121 d (new)
Article 121d Calculation of import duties for milled rice 1. Notwithstanding Article 121, the import duty for semi-milled or wholly milled rice falling within CN code 1006 30 shall be fixed by the Commission, by means of implementing acts, within ten days after the end of the reference period concerned in accordance with point 2 of Annex VIIa. The Commission shall fix, by means of implementing acts, the new applicable rate if the calculations made pursuant to the annex require it to be changed. Until such time as a new applicable rate is fixed, the duty previously fixed shall apply. 2. In order to calculate imports referred to in point 2 of Annex VIIa, account shall be taken of the quantities for which import licences for semi-milled or wholly milled rice falling within CN code 1006 30 were issued in the corresponding reference period.
2012/07/25
Committee: AGRI
Amendment 1892 #
Proposal for a regulation
Article 121 e (new)
Article 121e Calculation of import duties for broken rice Notwithstanding Article 121, the import duty on broken rice falling within CN code 1006 40 00 shall be EUR 65 per tonne.
2012/07/25
Committee: AGRI
Amendment 1894 #
Proposal for a regulation
Article 122 – paragraph 1 a (new)
(1a) Where the declared entry price of the consignment in question is higher than the flat-rate import value, increased by a margin set by the Commission which may not exceed the flat-rate value by more than 10%, the lodging of a security equal to the import duty determined on the basis of the flat-rate import value shall be required. The Commission shall calculate this value every working day in relation to each origin, product and period; the value shall be equal to the weighted average of the representative prices of those products in representative import markets in the Member States or, where applicable, in other markets, deducting from those prices a total amount of EUR 5/100 kg and the ad valorem customs duties. The interested party shall also provide information on the marketing and transportation conditions of the product by submitting copies of the documents attesting to delivery between operators and to the costs incurred between the import of the product and its sale. In all cases, the documents shall specify the variety or commercial type of the product in accordance with the provisions on presentation and labelling referred to in the applicable Community marketing rules, the commercial category of the products and their weight.
2012/07/25
Committee: AGRI
Amendment 1896 #
Proposal for a regulation
Article 122 – paragraph 1 b (new)
(1b) The customs value of imported perishable goods for which the application of the Common Customs Tariff duty rate depends on the entry price of the product batch imported in consignment may be determined directly in accordance with point (c) of Article 30(2) of the Customs Code and shall be equal to the flat-rate import value.
2012/07/25
Committee: AGRI
Amendment 1898 #
Proposal for a regulation
Article 122 – paragraph 2
2. For the purposes of application of Article 248 of CCIP, the checks to be carried out by the customs authorities to determine whether a security should be lodged shall include a check of the customs value against the unit value for the products concerned as referred to in point (c) of Article 30(2) of the Customs Code.deleted
2012/07/25
Committee: AGRI
Amendment 1900 #
Proposal for a regulation
Article 122 – paragraph 3
3. Taking into account the need to ensure the efficiency of the system, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide that the checks carried out by the customs authorities referred to in paragraph 2 of this Article shall, in addition to, or as an alternative to, the check of the customs value against the unit value, include a check of the customs value against another value. The Commission shall, by means of implementing acts, adopt rules for the calculation of the other value referred to in the first subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2)deleted
2012/07/25
Committee: AGRI
Amendment 1905 #
Proposal for a regulation
Article 125 – paragraph 1
1. Tariff quotas for the import of agricultural products for release into free circulation in the Union (or a part thereof), or tariff quotas for imports of Union agricultural products into third countries which are to be partly or fully administered by the Union, resulting from agreements concluded in accordance with Article 218 of the Treaty or any other act adopted in accordance with Article 43(2) of the Treaty shall be opened and/or administered by the Commission by means of delegated and implementing acts pursuant to Articles 126 to 128.
2012/07/25
Committee: AGRI
Amendment 1913 #
Proposal for a regulation
Article 125 a (new)
Article 125a Specific provisions In the case of tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission may adopt delegated acts to establish the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their marketing on the markets of those Member States.
2012/07/25
Committee: AGRI
Amendment 1914 #
Proposal for a regulation
Article 126 – paragraph 1 – point a
a) determine the conditions and eligibility requirements that an operator has to fulfil to submit an application within the import tariff quota; the provisions concerned may require a minimum experience in trade with third countries and assimilated territories, or in processing activity, expressed in a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries;deleted
2012/07/25
Committee: AGRI
Amendment 1917 #
Proposal for a regulation
Article 129 a (new)
Article 129a Imports of hops 1. Products of the hops sector may be imported from third countries only if their quality standards are at least equivalent to those adopted for like products harvested within the Community or made from such products. 2. Products shall be considered as being of the standard referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 64(a). In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may be recognised as being equivalent to the certificate only if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. 3. In order to minimise the administrative burden, the Commission may, by means of delegated acts, set the conditions under which obligations related to an attestation of equivalence and the labelling of packaging do not apply. 4. The Commission shall, by means of implementing acts, adopt rules related to this Article, including the rules on the recognition of attestations of equivalence and on the checking of imports of hops.
2012/07/25
Committee: AGRI
Amendment 1947 #
Proposal for a regulation
Article 133 – paragraph 1 – point b
(b) the products listed in points (i) to (iii), (v) and (vii) of point (a) of this paragraph to be exported in the form of processed goods in accordance with Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products46, including products exported in the form of goods not covered by Annex I to the Treaty, in accordance with Commission Regulation (EU) No 578/2010 of 29 June 2010, and in the form of the products containing sugar listed in point (b) of Part X of Annex I.
2012/07/25
Committee: AGRI
Amendment 1988 #
Proposal for a regulation
Article 139 – paragraph 6 a (new)
(6a) The Commission may, by means of delegated acts, establish further conditions for the granting of export refunds in order to prevent diversion of trade, in particular the conditions that: a) refunds are only paid for products of EU origin; b) the amount of refunds for imported products shall be limited to the duties collected on importation where those duties are lower than the refund applicable.
2012/07/25
Committee: AGRI
Amendment 2020 #
Proposal for a regulation
Article 144 – paragraph 3 a (new)
(3a) Notwithstanding the provisions of the previous paragraphs, the Commission shall coordinate action by the various national competition authorities in order to ensure that the rules of competition law are applied and interpreted in the most uniform way possible in sectors covered by this Regulation and that single market principles are observed. It may therefore publish best practice guidelines to assist the sector in question and the various authorities.
2012/07/25
Committee: AGRI
Amendment 2023 #
Proposal for a regulation
Article 145 – title
Agreements and concerted practices of recognised interbranch organisations, producer organisations and associations of producer organisations
2012/07/25
Committee: AGRI
Amendment 2025 #
Proposal for a regulation
Article 145 – paragraph 1
1. Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 108 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(1) of this Regulation, and for the olive oil and table olive and tobacco sectors,or to producer organisations recognised under Article 106 or associations of producer organisations recognised under Article 107 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(2)6 of this Regulation.
2012/07/25
Committee: AGRI
Amendment 2030 #
Proposal for a regulation
Article 145 – paragraph 2 – point b
b) within two months of receipt of all the details requiredthe notification the Commission, by means of implementing acts, has not found that the agreements, decisions or concerted practices are incompatible with Union rules.
2012/07/25
Committee: AGRI
Amendment 2035 #
Proposal for a regulation
Article 145 – paragraph 4 – point d
d) entail the fixing of prices or the fixing of production quotas;
2012/07/25
Committee: AGRI
Amendment 2060 #
Proposal for a regulation
Article 154 – paragraph 1 – subparagraph 3
Such measures may to the extent and for the time necessary extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities or periods as necessary, or provide specific support for producers to mitigate the effects of serious market disturbance. In the case of the fruit and vegetables sector specifically, the Commission shall activate a withdrawal mechanism when a series of conditions, listed in the first subparagraph, are recorded at Community level, in order to encourage synchronised market withdrawal between the various Member States.
2012/07/25
Committee: AGRI
Amendment 2069 #
Proposal for a regulation
Article 155 – title
Measures concerning animalpests, animal and plant diseases and loss of consumer confidence due to public, animal or plant health risks
2012/07/25
Committee: AGRI
Amendment 2073 #
Proposal for a regulation
Article 155 – paragraph 1 – subparagraph 1 – introductory part
The Commission mayshall, by means of implementing acts, adopt exceptional support measures:
2012/07/25
Committee: AGRI
Amendment 2076 #
Proposal for a regulation
Article 155 – paragraph 1 – subparagraph 1 – point a
a) for the affected market in order to take account of restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of pests and diseases in animals and plants, and
2012/07/25
Committee: AGRI
Amendment 2087 #
Proposal for a regulation
Article 155 – paragraph 4
4. The measures provided for in point (a) of paragraph 1 may be taken only if the Member State concerned has taken the relevant phytosanitary or health and veterinary measures quickly to stamp out the pest or disease, and only to the extent and for the duration strictly necessary to support the market concerned.
2012/07/25
Committee: AGRI
Amendment 2089 #
Proposal for a regulation
Article 155 – paragraph 5 – subparagraph 1
The Union shall provide part-financing equivalent to 50 % and 100 %, respectively, of the expenditure borne by Member States for the measures provided for in points (a) and (b) of paragraph 1.
2012/07/25
Committee: AGRI
Amendment 2097 #
Proposal for a regulation
Article 156 – paragraph 1
1. The Commission shall, by means of implementing acts, adoptestablish necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation and from the provisions of the other regulations governing the common agricultural policy in order to resolve specific problems, but only to an extent that is strictly necessary and for a period that is strictly necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
2012/07/25
Committee: AGRI
Amendment 2101 #
Proposal for a regulation
Article 156 – paragraph 2
2. To resolve specific problems, on duly justified and imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 162(3).
2012/07/25
Committee: AGRI
Amendment 2106 #
Proposal for a regulation
Article 156 a (new)
Article 156a Measures to address severe imbalances in the market for milk and milk products 1. In the event of a severe imbalance in the market for milk and milk products, the Commission may decide to grant aid to milk producers who voluntarily cut their production by at least 5% compared with the same period in the previous year, for a period of at least three months, which may be extended. When granting such aid, the Commission shall impose the conditions governing the repayment of aid in the event of non-compliance, along with any interest due under the relevant rules in force. 2. The supply of milk, free of charge, to charitable organisations may be deemed to be a cut in production under the conditions laid down by the Commission pursuant to paragraph 4. 3. During the period referred to in paragraph 1, subparagraph 1, the products of undertakings that have implemented this system under the arrangements provided for in that subparagraph shall be given priority when intervention measures, as referred to in Title I of Part II are taken on the market for milk and milk products. 4. Taking into account the need to ensure that this scheme is operated in an effective and appropriate manner, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to establish: (a) the amount of aid and of interest to be paid in the event of non-compliance referred to in paragraph 1; (b) the criteria to be met in order to be eligible for aid; (c) the specific conditions that will trigger implementation of this scheme; (d) the terms under which free distribution of milk to charitable organisations, as referred to in paragraph 2, may be deemed to be a cut in production.
2012/07/25
Committee: AGRI
Amendment 2110 #
Proposal for a regulation
Article 157 – paragraph 2 – point a
a) the nature and type of the information to be notifideleted;
2012/07/25
Committee: AGRI
Amendment 2113 #
Proposal for a regulation
Article 157 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) the nature and type of the information to be notified.
2012/07/25
Committee: AGRI
Amendment 2116 #
Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)
(ba) by 31 December 2016 at the latest, evaluating the aid referred to in Article 17a, together with any appropriate proposals to convert it into one of the types of aid referred to in Article 16.
2012/07/25
Committee: AGRI
Amendment 2120 #
Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)
(ba) by 30 September 2013 at the latest, together with the appropriate legislative proposals setting up a simplified scheme for optional reserved terms in accordance with the procedure referred to in Article 67d of this Regulation, in the beef and veal sector. This report must cover the current framework for voluntary labelling, as well as the appropriate terms relating to breeding, production and feed that can add value in the beef and veal sector.
2012/07/25
Committee: AGRI
Amendment 2131 #
Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)
(ba) by 31 December 2017 at the latest, on the development of the milk and milk products market, and, if appropriate, on the measures to be taken with a view to phasing out the quota system.
2012/07/25
Committee: AGRI
Amendment 2151 #
Proposal for a regulation
Article 162 – paragraph 2
2. Where reference is made to this paragraph, Article 5(4), third subparagraph of Regulation (EU) No 182/2011 shall apply.
2012/07/25
Committee: AGRI
Amendment 2163 #
Proposal for a regulation
Article 163 – paragraph 1 – subparagraph 2 – point b
b) the provisions related to the system of milk production limitation set out in Chapter III of Title I of Part II, until 31 March 2015;deleted
2012/07/25
Committee: AGRI
Amendment 2172 #
Proposal for a regulation
Article 165 – paragraph 1 – subparagraph 3
However, Articles 7, 16 and 101 and Annex III 101, as regards the sugar sector, shall only apply after the end of the 20149/201520 marketing year for sugar on 1 October 201520.
2012/07/25
Committee: AGRI
Amendment 2187 #
Proposal for a regulation
Annex II – Part VIII – point 1 – introductory part
1. ‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature. Honey consists essentially of different sugars, predominantly fructose and glucose, as well as other substances such as organic acids, enzymes and solid particles derived from honey collection, including pollen, while none of these substances and particles can be considered an ingredient of honey.
2012/07/25
Committee: AGRI
Amendment 2188 #
Proposal for a regulation
Annex II – Part VIII – point 2
2. ‘Apiculture products’ means honey, beeswax, royal jelly, propolis or pollen. and pollen. ‘Beeswax’ means lipid natural matter prepared from secretions of the wax glands of Apis mellifera worker bees and used in manufacturing honeycombs. ‘Royal jelly’ means the natural substance secreted by the hypopharyngeal and mandibular glands of Apis mellifera nurse worker bees, designed to feed the larvae and the queen and to which no other substance may be added. ‘Propolis’ means the substance collected from certain plants and subsequently transformed by Apis mellifera worker bees, to which their own secretions (mainly wax and salivary secretions) are added in order to use it as mortar. ‘Pollen’ means a compact substance, more or less spherical, resulting from the agglutination of the male gametes of flowers by means of nectar, salivary secretions and the mechanical action of the third pair of legs of Apis mellifera worker bees, which is collected and transformed in the form of balls of pollen in order to be deposited and subsequently stored in the hive, and to which no other substance may be added. ‘Honeycomb pollen or bee bread’ means balls of pollen scattered by bees in honeycomb cells which have undergone certain natural transformations through the presence of enzymes and micro- organisms; this pollen can be covered with honey.
2012/07/25
Committee: AGRI
Amendment 2214 #
Proposal for a regulation
Annex VI – Part V – section II – point 2 a (new)
2a. Poultrymeat shall be marketed in one of the following conditions: – fresh, – frozen, – quick-frozen.
2012/07/25
Committee: AGRI
Amendment 2227 #
Proposal for a regulation
Annex VII b (new)
Annex VIIb VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 121d Basmati 217 Basmati 370 Basmati 386 Kernel (Basmati) Pusa Basmati Ranbir Basmati Super Basmati Taraori Basmati (HBC-19) Type-3 (Dehradun)
2012/07/25
Committee: AGRI