51 Amendments of James NICHOLSON related to 2011/0281(COD)
Amendment 98 #
Proposal for a regulation
Article 106
Article 106
Amendment 100 #
Proposal for a regulation
Article 106a (new)
Article 106a (new)
Amendment 102 #
Proposal for a regulation
Article 106 b (new)
Article 106 b (new)
Article 106b Recognition of producer organisations 1. Member States may recognise as producer organisations all legal entities or clearly defined parts of legal entities applying for such recognition, provided that they: (a) meet the requirements laid down in points (b) and (c) of the first paragraph of Article 106; (b) have a minimum number of members and/or cover a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where they operate; (c) provide sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to their members, and concentration of supply; (d) have rules of association that are consistent with points (a), (b) and (c) of this paragraph. 2. Member States may decide that producer organisations which have been recognised before 1 January 2014 on the basis of national law and which fulfil the conditions laid down in paragraph 1 of this Article are deemed to be recognised as producer organisations pursuant to Article 106. 3. Producer organisations which have been recognised before 1 January 2014 on the basis of national law and which do not fulfil the conditions laid down in paragraph 1 of this Article may continue to exercise their activities under national law until 1 January 2015. 4. Member States shall: (a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters; (b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with the provisions in this Chapter; (c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and decide whether, if necessary, recognition should be withdrawn; (d) inform the Commission once a year and no later than 31 March of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.
Amendment 104 #
Proposal for a regulation
Article 106 c (new)
Article 106 c (new)
Amendment 106 #
Proposal for a regulation
Article 107
Article 107
Article 107 Article 107 Associations of producer organisations Member States shallmay recognise, on request, associations of producer organisations in any of the specific sectors listed in Article 1(2) which are formed on the initiative of recognised producer organisations. Subject to the rules adopted pursuant to Article 114, associations of producer organisations may carry out any of the activities or functions of producer organisations.
Amendment 108 #
Proposal for a regulation
Article 108
Article 108
Article 108 Article 108 Interbranch organisations Interbranch organisations 1. Member States shallmay recognise, on request, interbranch organisations in any of the sectors listed in Article 1(2) which: have formally requested recognition and (a) are constituted of representatives of economic activities linked to the production of, trade in, and/or processing of products in one or more sectors; (b) are formed on the initiative of all or some of the organisations or associations which constitute them; (c) pursue a specific aim, which may include at least one of the following objectives: (i) improving knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional or national level; (ii) helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies; (iii) drawing up standard forms of contract compatible with Union rules; (iv) exploiting to a fuller extent the potential of the products; (v) providing the information and carrying out the research necessary to rationalise, improve and adjust production towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the particular characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment; (vi) seeking ways of restricting the use of animal-health or plant protection products and other inputs and ensuring product quality and soil and water conservation; (vii) developing methods and instruments for improving product quality at all stages of production and marketing; (viii) exploiting the potential of organic farming and protecting and promoting such farming as well as designations of origin, quality labels and geographical indications; (ix) promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; (x) encouraging healthy consumption of the products and informing about the harm linked to hazardous consumption patterns; (xi) carrying out promotion actions, especially in third countries. 2. For interbranch organisations in the olive oil and table olive and tobacco sectors, the specific aim referred to in point (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 processingand to at least one of the following stages of the supply chain: the processing of or trading of, including distribution of, products in one or more sectors; (aa) cover one or more regions in the Union, thereby representing a significant share of the economic activities in the sector; (b) are formed on the initiative of all or some of the organisations or associations which constitute them; (ba) concern products or groups of products not covered by a previously recognised interbranch organisation; (c) pursue a specific aim taking account of the interests of their members and of consumers, which may include in particular one of the following objectives: (i) improving knowledge and the transparency of production and the market, including by publication of statistical data on production costs, prices, including where appropriate price indicators, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional, national or international level; (ia) facilitating advance knowledge of production potential, and recording market prices; (ii) helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies; (iia) exploring potential export markets; (iii) without prejudice to provisions laid down in Articles 104a and 113a, drawing up standard forms of contract compatible with Union rules for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distorsions; (iv) exploiting to a fuller extent the potential of the products, including at the level of market outlets, and that of green chemistry in particular; (v) providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production, and where applicable the processing and/or marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the particular characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment; (vi) seeking ways of restricting the use of animal-health or plant protection products, of better managing other inputs, of ensuring product quality and soil and water conservation, of enhancing food safety, in particular through traceability of products, and improving animal health and welfare; (vii) developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and/or marketing; (viia) defining minimum qualities and defining minimum standards of packing and presentation; (viii) taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications; (ix) promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; (x) encouraging moderate or responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns and promoting consumption and/or furnishing information concerning products on the internal market and external markets; (xia) implementing collective measures to prevent and manage the health, plant- protection and environmental risks and uncertainties linked to the production and, where applicable to the processing and/or marketing and/or distribution of agricultural and food products; (xib) contributing to the management of by-products and of waste.
Amendment 111 #
Proposal for a regulation
Article 109
Article 109
Amendment 114 #
Proposal for a regulation
Article 110
Article 110
Amendment 116 #
Proposal for a regulation
Article 111
Article 111
Amendment 118 #
Proposal for a regulation
Article 112
Article 112
Amendment 120 #
Proposal for a regulation
Article 113
Article 113
Amendment 124 #
Proposal for a regulation
Article 114
Article 114
Amendment 126 #
Proposal for a regulation
Article 115
Article 115
Article 115 Article 115 Implementing powers in accordance The Commission may, by means of implementing acts, adopt the necessary measures concerning this Chapter, in particular on the procedures and technical conditions as regards the implementation of the measures referred to in Articles 110 and 112. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). with the examination procedure with the examination procedure The Commission may, by means of implementing acts, adopt in accordance with the examination procedure referred to in Article 162(2) the following: (a) the implementation of the conditions for recognition of producer organisations and their associations and interbranch organisations, especially of organisations carrying out activities in more than one Member State; (b) the procedures relating to administrative assistance in the case of organisations carrying out activities in more than one Member State; (c) in the case of organisations regulated in Article 109a the refusal of or repeal of recognition; (d) the transmitting of information to the Commission regarding the number of recognised organisations and associations including the refusal or withdrawal of recognition.
Amendment 128 #
Proposal for a regulation
Article 116
Article 116
Amendment 687 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) may be opened for the beef and veal sector by the Commission, by means of other implementing acts, if the average market price over a representative period adopted pursuant to Article 19(a) in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as adopted pursuant to in Article 18(8) is below EUR 1 560/tonne. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 692 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission mayshall, by means of implementing acts, close public intervention for the beef and veal sector, where, over a representative period adopted pursuant to Article 19(a), the conditions provided for in point (c) of paragraph 1 are no longer fulfilled.
Amendment 880 #
Proposal for a regulation
Article 19 – paragraph 1 – point j
Article 19 – paragraph 1 – point j
(j) the rules relating to the procedures to be followed for buying-in at a fixed price or for granting the aid for private storage at a fixed price;
Amendment 885 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Specific Provisions on Carcass Classification Union scales and inspections 1. Union scales for the classification of carcasses shall apply in accordance with the rules laid down in Annex IIIa in the following sectors: (a) beef and veal as regards carcasses of adult bovine animals; (b) pigmeat as regards carcasses of pigs other than those which have been used for breeding. In the sheepmeat and goatmeat sector Member States may apply a Union scale for the classification of carcasses as regards sheep carcasses in accordance with the rules laid down in point C of Annex IIIa. 2. On-the-spot inspections in relation to the classification of carcasses of adult bovine animals and sheep shall be carried out on behalf of the Union by a Union inspection committee composed of experts from the Commission and experts appointed by the Member States. This committee shall report back to the Commission and the Member States on the inspections carried out. The Union shall bear the costs resulting from the inspections carried.
Amendment 886 #
Proposal for a regulation
Article 20 b (new)
Article 20 b (new)
Article 20 b Delegated powers concerning carcass classification 1. In order to take account of technical developments and of the needs of the sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 adapting and updating the provisions on the classification, identification and presentation of adult bovine carcasses, pig carcases and sheep carcasses laid down in Annex IIIa. 2. In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and private storage in the beef and veal, pig-meat and sheep-meat sectors as applicable, the Commission shall be empowered to adopt delegated acts in accordance with Article 160: (a) laying down provisions on the classification, grading (including by automated grading techniques), presentation, lean-meat content, identification and weighing and marking of carcasses; (b) laying down rules on basis for the calculation of average Union prices of, and the obligations on operators to submit information on, beef, pig and sheep carcases, in particular as regards market and representative prices. 3. In order to take account of the specificities within the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 laying down derogations from the provisions, in particular: (a) providing for derogations which may be granted by Member States to slaughterhouses in which few bovine animals are slaughtered; (b) authorising Member States not to make application of the grading scale for pig carcase classification and to use assessment criteria in addition to weight and estimated lean-meat content. 4. In order to ensure that the Union inspection committee fulfils its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 determining its responsibilities and the way it is composed.
Amendment 887 #
Proposal for a regulation
Article 20 c (new)
Article 20 c (new)
Amendment 1068 #
Proposal for a regulation
Article 33
Article 33
Amendment 1218 #
Proposal for a regulation
Article 52 a (new)
Article 52 a (new)
Article 52a Measures eligible for aid The measures which may be included in the apiculture programmes under article 52 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.
Amendment 1219 #
Proposal for a regulation
Article 53 – paragraph 1 – point a
Article 53 – paragraph 1 – point a
(a) additional requirement for the measures which may be included in apiculture programmes,
Amendment 1225 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
Without prejudice to any other provisions applicable to agricultural products, as well as the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products.
Amendment 1228 #
Proposal for a regulation
Article 56
Article 56
Amendment 1234 #
Proposal for a regulation
Article 57
Article 57
Amendment 1238 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Marketing standards may apply for one or more of the following products and/or sectors: (a) olive oil and table olives in respect of the products referred to in point (a) of Part VII of Annex I; (b) fruit and vegetables; (c) processed fruit and vegetables; (d) bananas; (e) live plants; (f) eggs; (g) poultrymeat; (h) spreadable fats intended for human consumption; (i) hops. 1a. The products for which marketing standards by sectors or products have been laid down may be marketed in the Union only in accordance with suchf they conform to those standards.
Amendment 1272 #
Proposal for a regulation
Article 59 – paragraph 3 – point c
Article 59 – paragraph 3 – point c
Amendment 1298 #
Proposal for a regulation
Article 60 – paragraph 3 – subparagraph 1 (new)
Article 60 – paragraph 3 – subparagraph 1 (new)
3a. In order to provide certainty about the methods of production for reduced alcohol wine and de-alcoholised wine, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on the oenological practices authorised for the production of reduced alcohol wines and de-alcoholised wine under paragraphs 1A and 1B of Part II of Annex VI.
Amendment 1335 #
Proposal for a regulation
Article 70 – paragraph 1 – point a – point iv
Article 70 – paragraph 1 – point a – point iv
(iv) the product is obtained from vine varieties belonging to Vitis vinifera; or a cross between the Vitis vinifera species and other species of the genus Vitis;
Amendment 1600 #
Proposal for a regulation
Article 106 – paragraph 1 – introductory part
Article 106 – paragraph 1 – introductory part
Member States shallmay recognise, on request, producer organisations, which:
Amendment 1670 #
Proposal for a regulation
Article 106 – paragraph 1 a (new)
Article 106 – paragraph 1 a (new)
By way of derogation from paragraph 1, Member States shall recognise, on request, producer organisations in the fruit and vegetable sector and olive oil and table olives sector which meet the criteria in paragraph 1 and which in the case of producer organisations in the fruit and vegetable sector pursue at least one of the objectives in paragraph 1(c)(i) to (iii).
Amendment 1685 #
Proposal for a regulation
Article 107 – paragraph 1
Article 107 – paragraph 1
Subject to paragraph 2, Member States shallmay recognise, on request, associations of producer organisations in any of the sectors listed in Article 1(2) which are formed on the initiative of recognised producer organisations. Member States shall not recognise an association of producer organisation which holds a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty
Amendment 1687 #
Proposal for a regulation
Article 107 – paragraph 1 a (new)
Article 107 – paragraph 1 a (new)
Member States may permit a recognised producer organisation or a recognised association of producer organisations to outsource any of its activities (other than production), including to subsidiaries, provided that it provides sufficient evidence to the Member State that doing so is an appropriate way to achieve the objectives of the producer organisation or association of producer organisations concerned and that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the provision of the activity. In particular, the organisation or association must retain the power to issue binding instructions to its agent in respect of the activities entrusted to it.
Amendment 1701 #
Proposal for a regulation
Article 108 – paragraph 1 – introductory part
Article 108 – paragraph 1 – introductory part
1. Member States shallmay recognise, on request, interbranch organisations in any of the sectors listed in Article 1(2) which:
Amendment 1784 #
Proposal for a regulation
Article 110
Article 110
Amendment 1824 #
Proposal for a regulation
Article 111
Article 111
Amendment 1833 #
Proposal for a regulation
Article 112
Article 112
Amendment 1844 #
Proposal for a regulation
Article 113
Article 113
Amendment 1861 #
Proposal for a regulation
Article 114 – paragraph 1 – point b
Article 114 – paragraph 1 – point b
(b) the rules of association, the recognition, structure, legal personality, membership, size, accountability and activities of such organisations and associations, the requirement referred to in point (d) of Article 106 for recognition of a producer organisation that it does not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty, the effects deriving from recognition, the withdrawal of recognition, and mergers;
Amendment 1862 #
Proposal for a regulation
Article 114 – paragraph 1 – point b a (new)
Article 114 – paragraph 1 – point b a (new)
(b a) the rules on recognition, withdrawal and suspension of recognition and requirements for such organisations and associations to take remedial measures in the event of non-respect of the recognition criteria;
Amendment 2074 #
Proposal for a regulation
Article 155 – paragraph 1 – subparagraph 1 – introductory part
Article 155 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, by means of implementing acts, adopt exceptional support measures for the affected market:
Amendment 2095 #
Proposal for a regulation
Article 156 – title
Article 156 – title
Measures to resolve specific practical problems
Amendment 2099 #
Proposal for a regulation
Article 156 – paragraph 1
Article 156 – paragraph 1
1. The Commission shall, by means of implementing acts, adopt necessary and justifiable emergency measures to resolve specific practical problems. Those measures may derogate from the provisions of this Regulation 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).
Amendment 2136 #
Proposal for a regulation
Article 159 – paragraph 1
Article 159 – paragraph 1
Funds transferred from the Reserve for crises in the agricultural sector under the conditions and procedure referred to in paragraph 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management47 shall be made available for the measures to which this Regulation appliesexpenditure under Chapter 1 of this Part for the year or years for which the additional support is required and which are implemented in circumstances that go beyond normal market developments.
Amendment 2140 #
Proposal for a regulation
Article 159 – paragraph 2
Article 159 – paragraph 2
Amendment 2147 #
Proposal for a regulation
Article 159 – paragraph 3
Article 159 – paragraph 3
Amendment 2205 #
Proposal for a regulation
Annex VI – Part II – point 1 – paragraph 2 – point a
Annex VI – Part II – point 1 – paragraph 2 – point a
(a) have, whether or not following application of the processes specified in Section B of Part I of Annex VII, an actual alcoholic strength of not less than 8,4.5% volume provided that the wine derives exclusively from grapes harvested in wine-growing zones A and B referred to in the Appendix to this Annex, and of not less than 9 % volume in other wine- growing zones;:
Amendment 2206 #
Proposal for a regulation
Annex VI – Part II – point 1 – paragraph 2 – point b
Annex VI – Part II – point 1 – paragraph 2 – point b
Amendment 2207 #
Proposal for a regulation
Annex VI – Part II – point 1 – paragraph 4
Annex VI – Part II – point 1 – paragraph 4
By way of derogation from point (ba) ‘'Tokaji eszencia’' and ‘'Tokajská esencia’ ' are considered wine.
Amendment 2208 #
Proposal for a regulation
Annex VI – Part II – point 1 – paragraph 6 a (new)
Annex VI – Part II – point 1 – paragraph 6 a (new)
'Reduced-alcohol wine' shall be wine within the definition in paragraph 1 which has had alcohol levels reduced using technological means authorised under article 60(4) and has a minimum alcohol content of 0.5%. 'De-alcoholised wine' shall be wine within the definition in paragraph 1 which has had alcohol levels reduced by technological means authorised under article 60(4) to less than 0.5%.