BETA

43 Amendments of Astrid LULLING related to 2010/0385(COD)

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.

2011/06/28
Committee: AGRI

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 ~~shall not be support~~, in other words the replanting of the same parcel of land with the same variety according to the same system of vine cultivation, shall not be supported. Member States may establish further specifications, especially as regards the age of the vineyards replaced.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 143 - paragraph 3 c (new)

Member States shall adopt detailed rules for applying the measure provided for in this Article.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 146 - point b

~~b) on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure;~~deleted

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 146 - point e

~~e) containing general provisions and definitions for the purposes of this Section;~~deleted

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 146 - point g

g) under which producers shall withdraw the by-products of winemaking, exceptions from this obligation in order to avoid additional administrative burden and provisions for the voluntary certification of distillers;deleted

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 174 - paragraph 1 - subparagraphs 2a, 2b and 2c (new)

2a. For the purpose of application of points (a) (iii) and (b)(iii), ‘production’ covers all the operations involved, from the harvesting of the grapes to the completion of the wine-making process, with the exception of any post-production processes. 2 b. For the purpose of application of point (b)(ii), the portion of grapes, of up to 15 %, which may originate outside the demarcated geographical area shall come from the Member State or third country concerned in which the demarcated area lies. 2 c. By way of derogation from points (a)(iii) and (b)(iii), and on condition that the product specification laid down in Article 175(2) so provides, a product with a protected designation of origin or protected geographical indication may be made into wine either: a) in an area in the immediate proximity of the demarcated area concerned; or b) in an area located within the same administrative unit or within a neighbouring administrative unit, in conformity with national rules; or c) in the case of a trans-border designation of origin or geographical indication, or where an agreement on control measures exists between two or more Member States or between one or more Member State(s) and one or more third country(-ies), in an area situated in the immediate proximity of the demarcated area in question. By way of derogation from point (b)(iii) and on condition that the product specification laid down in Article 175(2) so provides, wines with a protected geographical indication may continue to be made into wine beyond the immediate proximity of the demarcated area in question until 31 December 2012. By way of derogation from point (a)(iii), and on condition that the product specification laid down in Article 175(2) so provides, a product may be made into sparkling wine or semi-sparkling wine with a protected designation of origin beyond the immediate proximity of the demarcated area in question if this practice was in use prior to 1 March 1986.

2011/06/28
Committee: AGRI

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;

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 185 - paragraph 4 a (new)

4 a. The protection of a designation of origin or geographical indication shall apply to the whole denomination including its constitutive elements provided they are distinctive in themselves. A non-distinctive or generic element of a protected designation of origin or geographical indication shall not be protected. The name to be protected shall be registered only in the language(s) used to describe the product in question in the demarcated geographical area. The name shall be registered with its original spelling(s).

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 193 - paragraph 1

1. In order to take account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt: a) principles for the demarcation of the geographical area, and b) definitions, restrictions and derogations related to the production in the demarcated geographical area.deleted

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 193 - paragraph 3 - point b

~~b) adopt restrictions as regards the type of applicant that may apply for the protection of a designation of origin or geographical indication;~~deleted

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 193 - paragraph 3 - point f

~~f) establish the conditions under which an amendment is to be considered as minor within the meaning of Article 189(2);~~deleted

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 193 - paragraph 4

~~4. In order to ensure an adequate protection, the Commission may, by means of~~ delegated ~~acts, adopt restrictions regarding the protected name.~~

2011/06/28
Committee: AGRI

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).

2011/06/28
Committee: AGRI

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).

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 197 - paragraph 2 a (new)

2a. The traditional terms are protected, only in the language and for the categories of grapevine products claimed in the application, against: (a) any misuse even if the protected term is accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar; (b) any other false or misleading indication as to the nature, characteristics or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to it; (c) any other practice liable to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 198 - paragraph 1

~~1. In order to ensure an adequate protection, the Commission may, by means of~~ delegated ~~acts, adopt provisions regarding the language and the spelling of the term to be protected.~~

2011/06/28
Committee: AGRI

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 the following: a) the type of 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, including the relationship with trademarks, 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.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 198 - paragraph 3

~~3. In order to take account of 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 196.~~

2011/06/28
Committee: AGRI

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 falling under their scopes. The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex XII may not be supplemented by any particulars other than those provided for in this Regulation unless they satisfy the requirements of Article 2(1)(a) of Directive 2000/13/EC. 2. Where one or more of the ingredients listed in Annex IIIa to Directive 2000/13/EC are present in one of the products referred to in Annex XII, part II to this Regulation, they must be indicated on the labelling, preceded by the term "contains". For sulphites, the following terms may be used: "sulphites", "sulfites", "sulphur dioxide" or "sulfur dioxide". 3. The labelling obligation referred to in paragraph 2 may be accompanied by the use of a pictogram to be determined by means of an implementing act.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 203 - paragraph 2

2. ~~Par~~By way of déerogation aufrom paragraphe 1~~, point a), la référence à la~~(a), the reference to the catéegor~~ie de produit de la~~ y of the grapevigne p~~eut être omise pour les v~~roduct may be omitted for wines ~~dont l’étiquette comporte le nom d’une appell~~whose labels include the name of a protected designation d’of origin~~e protégée ou d’une indication géographique protégée~~ or a protected geographical indication and for quality sparkling wines whose labels include the term "Sekt".

2011/06/28
Committee: AGRI

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.

2011/06/28
Committee: AGRI

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) ~~the presentation and use of labelling particulars other than those provided for in this Section; b)~~ certain compulsory particulars, in particular: (i) terms to be used to formulate the compulsory particulars and their conditions of use; ii) terms referring to a holding and the conditions for their use; iii) provisions allowing the producing Member States to establish additional rules relating to compulsory particulars; iv) provisions allowing further derogations in addition to those referred to in Article 203(2) as regards the omission of the reference to the category of the grapevine product; and v) provisions on the use of languages; c(ii) provisions on indication of provenance; (b) optional particulars, in particular: (i) terms to be used to formulate the optional particulars and their conditions of use; (ii) provisions allowing the producing Member States to establish additional rules relating to optional particulars; d(c) the presentation, in particular: (i) the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes; (ii) the conditions of use of "sparkling wine"-type bottles and closures; (iii) provisions allowing the producing Member States to establish additional rules relating to presentation; (iv) provisions on the ~~use of languages~~replacement of certain indications by equivalent terms in another official language of the Union.

2011/06/28
Committee: AGRI