5 Amendments of Francisco de Paula GAMBUS MILLET related to 2018/0218(COD)
Amendment 34 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) No 1308/2013
Chapter I a (new)
Chapter I a (new)
(4a) In Part II, Title I, the following chapter Ia is inserted: Chapter Ia Public stockholding for food security purposes Article 21a Public stockholding Public stocks for food security purposes may be from any of the sectors listed under Article 1(2.) Article 21b Delegated powers In view of the need to guarantee the accumulation and holding of stocks of products which form an integral part of the EU's food security programme, the Commission shall be empowered to adopt delegated acts in accordance with Article 160. Article 21c General principles on public stocks Public stocks and the EU food security programme shall be based on the following conditions: (a) The volume and accumulation of such stocks shall correspond to predetermined targets related solely to food security. (b) The process of stock accumulation and disposal shall be transparent. (c) Purchases shall be made at current market prices. (d) Sales of products from food security stocks shall be made at no less than the current market price for the product and quality in question.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EU) No 1308/2013
Article 168 – paragraph 4 – point c – subpoint i – indent 1 a (new)
Article 168 – paragraph 4 – point c – subpoint i – indent 1 a (new)
22a In article 168, paragraph 4, point c, subparagraph (i), the following new indent is inserted – and/or be calculated on the basis of production costs and market indicators, to which end, Member States which have decided to apply Article 168 shall, on the basis of objective criteria and of up-to- date studies on production and the food chain, establish said costs and indicators to determine them at any given time;
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1 – point 26 a (new)
Article 1 – paragraph 1 – point 26 a (new)
Regulation (EU) No 1308/2013
Article 206 a (new)
Article 206 a (new)
26a. In part IV, Chapter I, the following new Article 206a is inserted: “Article 206a Prohibiting sale at a loss 1. With regard to trade in, or processing of, products listed in Annex I TFEU, with the exception of the fishery and aquaculture products listed in Annex I to Regulation (EU) No 1379/2013 on the common organisation of the markets in fishery and aquaculture products, such products may not be placed on the market or sold at a loss. 2. For the purposes of the previous paragraph, trade or processing carried out by farmers, direct sales both to consumers and to the rest of the food chain – including deliveries to cooperatives and producer organisations of which they are members – shall not be considered to be trade or processing. 3. For the purposes of the previous paragraph, sale at a loss shall be considered to take place when a product is offered for sale at a price lower than its purchase price, as per the invoice, after pro rata deduction of any applicable discounts, and after the addition of fixed costs and effective variable costs such as storage, preparation, packaging, processing and marketing, including those incurred by the retailer himself, and any indirect taxes levied on the transaction. However, in the event of practical difficulties in establishing fixed costs and effective variable costs, Member States may establish, on the basis of objective criteria and updated food chain studies, a coefficient or coefficients to determine them. 4. The costs to be deducted from the price referred to in the previous paragraph shall not include salaries or bonuses of any kind that constitute payment for services rendered. 5. In no event may joint offers or gifts to buyers be used to circumvent the application of the provisions of this article. 6. Sale at a loss shall be considered to be an unfair commercial practice on the part of businesses. The Member States shall determine penalties and injunctions and adopt precautionary measures to address breaches of the provisions of this article.
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point 26 b (new)
Article 1 – paragraph 1 – point 26 b (new)
Regulation (EU) No 1308/2013
Article 208
Article 208
26b. In part IV, Chapter I, Article 208 is modified as follows: “Article 208 Dominant position For the purposes of this Chapter, “dominant position” means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by, having a market share of 8% which givinges it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of consumers.”
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point 26 c (new)
Article 1 – paragraph 1 – point 26 c (new)
Regulation (EU) No 1308/2013
Article 219 - paragraph 1 a (new)
Article 219 - paragraph 1 a (new)
26c. In Part V, Chapter I, Section I, Article 219, a new paragraph 1a is inserted as follows: “1a. The Commission shall establish, on the basis of the most recent objective data for each sector or product, the reference level for determining whether there is a market disturbance for each of them.”