22 Amendments of Luis Manuel CAPOULAS SANTOS related to 2011/0281(COD)
Amendment 602 #
Proposal for a regulation
Recital 149
Recital 149
(149) As regards contractual relations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far- reaching nature, they should nevertheless be temporary in nature, and be subject to review. The Commission should adopt reports on the development of the milk market, covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018 respectively,
Amendment 1517 #
Proposal for a regulation
Article 103 k (new)
Article 103 k (new)
Amendment 1519 #
Proposal for a regulation
Article 103 l (new)
Article 103 l (new)
Article 103l National quotas in the milk sector 1. The national quotas for the production of milk and other milk products to be marketed in the seven consecutive twelve- month periods commencing on 1 April 2015 (hereinafter ‘twelve-month periods’) are laid down in the new Annex VIb. 2. The quotas referred to in paragraph 1 shall be divided among producers in accordance with Article 105c, distinguishing between deliveries and direct sales. Any overrun of the national quotas shall be determined nationally in each Member State, in accordance with this Subsection, deliveries and direct sales being treated separately for that purpose. 3. The national quotas laid down in the new Annex VIb shall be fixed without prejudice to possible review in the light of the general market situation and particular conditions existing in given Member States. 4. In the cases of 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. By means of implementing acts adopted by the examination procedure referred to in Article 162(2), the Commission shall lay down the rules necessary to ensure that this Article is implemented uniformly in the Member States.
Amendment 1522 #
Proposal for a regulation
Article 103 m (new)
Article 103 m (new)
Article 103m Individual quotas in the milk sector 1. The quotas of producers at 1 April 2015 shall be equal to their individual reference quantities at 31 March 2015, without prejudice to transfers, sales, and quota conversions that take effect on 1 April 2015. 2. Producers may have 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 concerned, where the producer makes a duly substantiated request to that effect. 3. Where a producer has two quotas, his contribution to any surplus levy due shall be calculated separately for each quota. 4. The Commission may, by means of implementing acts, raise the portion of the Finnish national quota reserved for the deliveries referred to in Article 105b, in order to compensate Finnish ‘SLOM’ producers, up to a maximum of 200 000 tonnes. This reserve, to be allocated in accordance with Union legislation, must be used solely for the benefit of producers whose right to resume production has been affected as a result of accession. 5. Individual quotas shall be altered, where appropriate, for each of the twelve- month periods concerned, so that, for each Member State, the sum of the individual quotas for deliveries and for direct sales does not exceed the corresponding portion of the national quota adapted in accordance with Article 105e, taking into account any reductions made for allocation to the national reserve as provided for in Article 105g.
Amendment 1525 #
Proposal for a regulation
Article 103 n (new)
Article 103 n (new)
Amendment 1528 #
Proposal for a regulation
Article 103 o (new)
Article 103 o (new)
Article 103o Administration of quotas 1. For each Member State and for each period, before the end of the period, the Commission shall, by means of implementing acts in accordance with Article 162(2), adapt the division of national quotas into ‘deliveries’ and ‘direct sales’ in the light of the conversions requested by producers from and into individual quotas for deliveries and for direct sales. 2. Member States shall supply the Commission annually, by dates to be determined by the Commission and in accordance with rules which it shall lay down by means of an implementing act in accordance with Article 162(2), with the data required for: (a) the adaptation referred to in paragraph 1 of this Article; (b) calculation of the surplus levy to be paid by Member States.
Amendment 1531 #
Proposal for a regulation
Article 103 p (new)
Article 103 p (new)
Article 103p Fat content 1. Each producer shall be assigned a reference fat content applicable to the individual quota for deliveries allocated to him. 2. For 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 applicable to those quotas on that date. 3. The reference fat content shall be altered when a conversion is made under Article 105c(2) and where quotas are acquired, transferred, or temporarily transferred in accordance with rules to be laid down by the Commission by means of implementing acts in accordance with Article 162(2). 4. For new producers whose individual quota for deliveries is allocated wholly from the national reserve, the fat content shall be determined in accordance with rules to be laid down by the Commission by means of implementing acts in accordance with Article 162(2). 5. The individual reference fat contents referred to in paragraph 1 shall be adjusted, where appropriate, when this Regulation enters into force and thereafter at the beginning of each twelve- month period as and where necessary to ensure that, for each Member State, the weighted average content is not more than 0.1 gram per kilogram higher than the reference fat content laid down in the new Annex VIa.
Amendment 1534 #
Proposal for a regulation
Article 103 q (new)
Article 103 q (new)
Article 103q National reserve 1. Each Member State shall establish a national reserve, within the national quotas laid down in the new Annex VIb, for the purposes of allocation under Article 105d. The national reserve shall be made up, depending on the case, of quantities withdrawn under Article 105h, deductions from transfers as referred to in Article 105l, or quotas released by linear reduction in all individual quotas. The quotas in question shall remain assigned to their initial purpose, that is to say, ‘deliveries’ or ‘direct sales’. 2. Additional quotas allocated to a Member State shall be placed automatically in the national reserve and divided into deliveries and direct sales according to foreseeable needs. 3. Quotas placed in the national reserve shall not have a reference fat content.
Amendment 1537 #
Proposal for a regulation
Article 103 r (new)
Article 103 r (new)
Article 103r Cases of inactivity 1. Where a natural or legal person holding individual quotas ceases to satisfy the conditions set out in Article 105a(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 unless the person concerned, before that date, again becomes a producer within the meaning of Article 105a(c). If the person concerned again becomes a producer at the latest by the end of the second twelve- month period following the withdrawal of the quantities, the individual quota withdrawn shall be returned to him, in part or in full, not later than the 1 April following the date of his request. 2. Where a producer fails to market a quantity not less than 85% of his individual quota during at least one twelve-month period, the Member State concerned may decide whether and under what conditions the whole or a portion of the unused quota should be placed in the national reserve. The Member State may determine the conditions under which a quota shall be reassigned to the producer concerned, should he resume marketing. 3. Paragraphs 1 and 2 shall not apply in cases of force majeure and in duly substantiated cases temporarily affecting the production capacity of the producers concerned and recognised as such by the competent authority.
Amendment 1540 #
Proposal for a regulation
Article 103 s (new)
Article 103 s (new)
Article 103s Temporary transfers 1. Before the end of each twelve-month period, Member States shall, for the period concerned, authorise any temporary transfers of portions of individual quotas which the producers entitled to them do not intend to use. Member States may regulate transfer operations according to producer categories or milk production structures, restrict them to purchaser level or within regions, authorise full transfer in the cases referred to in Article 105h(3), and determine the extent to which a transferor may repeat transfer operations. 2. Member States may decide to refrain from implementing paragraph 1 on the basis of either or both of the following criteria: (a) the need to facilitate structural change and adjustment; (b) overriding administrative needs.
Amendment 1543 #
Proposal for a regulation
Article 103 t (new)
Article 103 t (new)
Amendment 1547 #
Proposal for a regulation
Article 103 u (new)
Article 103 u (new)
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 into account the legitimate interests of the parties concerned: (a) grant compensation in one or more annual instalments to producers who undertake permanently to abandon 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 under which producers may, at the beginning of a twelve-month period and in return for payment, have individual quotas reallocated to them by the competent authority or a body designated by it where these were 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 above-mentioned payment; (c) centralise and supervise transfers of quotas without land; (d) provide, where land is 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, with a view to improving the milk production structure, permanent transfers of quotas shall be authorised without any corresponding transfer of land; (f) authorise, on application by a producer to the competent authority or a body designated by it, the definitive transfer of quotas without any corresponding transfer of land, or vice versa, with the aim of improving the milk production structure at holding level or extensifying production. 2. Paragraph 1 may be implemented at national level, at the appropriate territorial level, or in specified collection areas.
Amendment 1550 #
Proposal for a regulation
Article 103 v (new)
Article 103 v (new)
Article 103v Retention of quotas 1. Where transfers are made under Articles 105j and 105k, Member States may, on the basis of objective criteria, retain portions of individual quotas for their national reserve. 2. Whenever quotas have been or are transferred in accordance with Articles 105j and 105k with or without the corresponding land under 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 assigned solely to producers, whether and under what conditions the whole or a portion of a transferred quota shall revert to the national reserve.
Amendment 1553 #
Proposal for a regulation
Article 103 w (new)
Article 103 w (new)
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.
Amendment 1556 #
Proposal for a regulation
Article 103 x (new)
Article 103 x (new)
Article 103x Surplus levy in the event of quota overrun 1. A levy shall be payable on surpluses of milk and other marketed milk products exceeding the national quotas fixed in accordance with Articles 105a to 105m. The levy shall be EUR 27.83 per 100 kilograms of milk. 2. Member States shall be liable to the Union for the surplus levy resulting from national quota overruns 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 payment referred to in paragraph 1 has not been made by the due date, the Commission, after consulting the Committee on the Agricultural Funds, shall deduct a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Article XXX of Regulation (EU) No XXX (‘Horizontal Regulation’). Before taking its decision, the Commission shall notify the Member State concerned, which shall make its position known within a week. Article XXX of Regulation (EU) No XXX (‘Horizontal Regulation’) shall not apply, 4. The Commission shall, by means of implementing acts adopted by the examination procedure referred to in Article 162(2), lay down rules for the implementation of this Article.
Amendment 1559 #
Proposal for a regulation
Article 103 y (new)
Article 103 y (new)
Amendment 1562 #
Proposal for a regulation
Article 103 z (new)
Article 103 z (new)
Article 103z Surplus levy on deliveries 1. For the purposes of final calculation of the surplus levy, the quantities delivered by each producer shall be raised or lowered so as to reflect any differences between the actual fat content and the reference fat content, applying factors to be determined by the Commission and under conditions which it shall lay down by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2). 2. At national level, the surplus levy shall be calculated on the basis of aggregate deliveries, adjusted in accordance with paragraph 1. 3. Producers’ contributions towards the surplus levy payment shall be laid down by decision of the Member State concerned, where applicable after any unused portion of the national quota allocated to deliveries has been reallocated in proportion to the individual quotas of each producer or according to objective criteria to be determined by Member States: (a) either at national level, on the basis of the amount by which each producer’s quota has been exceeded; or (b) initially at purchaser level and thereafter at national level, where appropriate.
Amendment 1565 #
Proposal for a regulation
Article 103 a a (new)
Article 103 a a (new)
Article 103aa Role of purchasers 1. Purchasers shall be responsible for collecting contributions owed by producers by virtue of the surplus levy and shall pay the competent body of the Member State concerned, by a date and a procedure to be laid down by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), the amount of those contributions, deducted from the price paid for milk to the producers responsible for overruns or, failing that, collected by any other appropriate means. 2. Where a single purchaser replaces one or more other purchasers, wholly or in part, the individual quotas available to producers shall be taken into consideration for the remainder of the twelve-month period in progress, after deduction of the quantities already delivered, taking into account their fat content. This paragraph shall also apply where a producer changes purchasers. 3. If, 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 milk price 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 to be laid down by the Member State. The Member State may make specific arrangements enabling purchasers to deduct this advance where producers deliver to several purchasers.
Amendment 1568 #
Proposal for a regulation
Article 103 a b (new)
Article 103 a b (new)
Article 103ab Approval Purchaser status shall be subject to prior approval by the Member State concerned on the basis of criteria to be laid down by the Commission by means of delegated acts in accordance with Article 160. The conditions to be satisfied, and the information to be supplied, by producers, as regards direct sales, shall be laid down by the Commission by means of implementing acts in accordance with Article 162(2).
Amendment 1571 #
Proposal for a regulation
Article 103 a c (new)
Article 103 a c (new)
Article 103ac Surplus levy on direct sales 1. In the case of direct sales, each producer’s contribution towards the surplus levy payment shall be laid down by decision of the Member State concerned, where applicable after any unused portion of the national quota allocated to direct sales has been reallocated, at the appropriate territorial level or at national level. 2. Member States shall determine the basis for calculation of producers’ contributions towards the surplus levy due on the total quantity of milk sold, transferred, or used to manufacture milk products sold or transferred, by applying criteria to be laid down by the Commission by means of delegated acts in accordance with Article 160. 3. No correction linked to fat content shall be taken into account for the purposes of final calculation of the surplus levy. 4. The Commission shall, by means of implementing acts in accordance with Article 105v, lay down the arrangements for, and the date of, payment of the surplus levy to the competent bodies of Member States.
Amendment 1574 #
Proposal for a regulation
Article 103 a d (new)
Article 103 a d (new)
Article 103ad Amounts paid in excess or unpaid 1. Where, in the case of deliveries or direct sales, it is established that the surplus levy is due and that the contribution collected from producers is greater than the levy, any Member State may: (a) use all or part of the excess to finance the measures referred to in Article 105k(1)(a); and/or (b) redistribute it in full or in part to producers who: – fall within priority categories determined by the Member State on the basis of objective criteria, and within time-frames, to be laid down by the Commission, or – are affected by an exceptional situation resulting from a national rule unconnected with the quota system for milk and other milk products established by this Chapter. 2. Where no surplus levy is found to be due, any advances collected by purchasers or the Member State shall be repaid at the latest by the end of the following twelve- month period. 3. Where a purchaser has failed to fulfil the obligation to collect the producers’ contribution towards the surplus levy in accordance with Article 105q, the Member State may collect unpaid amounts directly from the producer, without prejudice to any penalties which it might impose on the defaulting purchaser. 4. Where a producer or a purchaser has failed to meet the payment deadline, interest on arrears, to be determined by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 162(2), shall be paid to the Member State.
Amendment 1922 #
Proposal for a regulation
Article 130 a (new)
Article 130 a (new)
Article 130a Traditional supply requirements of the sugar refining sector 1. Until the end of the 2019/2020 marketing year, the traditional supply requirements of the sugar refining sector, expressed in white sugar, shall be set by the Union at 3 500 000 tonnes per marketing year. 2. The sole sugar beet processing plant operating in Portugal in 2005 shall be considered a full-time refiner. 3. Import licences for sugar for refining shall be issued only to full-time refiners provided that the quantities concerned do not exceed the quantities that may be imported by way of the traditional supply requirements referred to in paragraph 1. Licences may be transferred only between full-time refiners and they shall expire at the end of the marketing year for which they were issued. This paragraph shall apply for the first six months of each marketing year. 4. Taking into account the need to ensure that imported sugar for refining is refined in accordance with this subsection, the Commission may, by means of delegated acts in accordance with Article 160, adopt: (a) definitions concerning the operation of the import arrangements referred to in paragraph 1; (b) the conditions and eligibility requirements that an operator has to fulfil in order to apply for an import licence, including the lodging of a security; (c) rules on administrative penalties to be imposed. 5. The Commission may, by means of implementing acts in accordance with Article 162(2), adopt the necessary rules concerning the supporting documents to be supplied in connection with the requirements and obligations applicable to importers, including full-time refiners.