BETA

60 Amendments of Agustín DÍAZ DE MERA GARCÍA CONSUEGRA related to 2011/0281(COD)

Amendment 605 #
Proposal for a regulation
Article 1 – paragraph 2 – point n
(n) raw tobacco, Part XIV of Annex I;
2012/07/19
Committee: AGRI
Amendment 618 #
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 630 #
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 737 #
Proposal for a regulation
Article 15 a (new)
Article 15a Mandatory Aid 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. Measures setting Union aid for the private storage of butter shall be adopted by the Council in accordance with Article 43(3) of the Treaty.
2012/07/19
Committee: AGRI
Amendment 748 #
Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
a a) dried fodder;
2012/07/20
Committee: AGRI
Amendment 779 #
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 786 #
Proposal for a regulation
Article 16 – paragraph 1 – point e b (new)
e b) poultrymeat and rabbitmeat;
2012/07/20
Committee: AGRI
Amendment 806 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
The Commission shall, however, be empowered to adopt delegated acts in accordance with Article 90 with a view to applying this measure to any other sector listed in Article 1 of this Regulation if the circumstances referred to in Article 17(1) apply.
2012/07/20
Committee: AGRI
Amendment 814 #
Proposal for a regulation
Article 17 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it maythe decidesion to grant private storage aid for the products listed in Article 16 will be made, taking into account: a) average recorded Union market prices and the reference prices for the products concerned orand/or b) the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States. which are particularly difficult and/or which have a significant impact on producers’ profit margins in the sector in one or more Member States and/or c) the particular nature of certain sectors or the seasonality of production in certain Member States.
2012/07/20
Committee: AGRI
Amendment 841 #
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 referred to in Articles 24 and 33.
2012/07/20
Committee: AGRI
Amendment 846 #
Proposal for a regulation
Article 17 b (new)
Article 17b Coordination of temporary withdrawals from the market 1. With a view to preventing major market imbalances or restoring the normal operation of the market if it has been seriously disrupted, associations of producer organisations in one of the sectors referred to in Paragraph 2(1) of this Regulation which are considered to be representative within the meaning of Article 110 of this Regulation may set up and operate a system for the coordination of temporary withdrawals from the market carried out by their members, and may even temporarily withdraw from the market or process products on their behalf.
2012/07/20
Committee: AGRI
Amendment 1005 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – introductory part
1. Operational programmes in the fruit and vegetables sector shall have at least two of the objectives i), ii) and iii) referred to in Article 106(c) or two of the following objectives:
2012/07/20
Committee: AGRI
Amendment 1011 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point c
c) boosting products’ commercial value, even by means of processing, where appropriate;
2012/07/20
Committee: AGRI
Amendment 1013 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point e
e) environmental measures and methods of production, particularly relating to water, and methods of production, handling, manufacture and processing respecting the environment, including organic farming and integrated production;
2012/07/20
Committee: AGRI
Amendment 1030 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c
c) promotion and communication, whether preventive or during periods of crisis;
2012/07/20
Committee: AGRI
Amendment 1042 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point f
f) support for the administrative costs of setting up mutual funds, including contributions to mutual funds, under conditions to be set by the Commission.
2012/07/20
Committee: AGRI
Amendment 1051 #
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 1 – point a
a) operational programmes include two or more environmental actions; orDoes not affect English version.
2012/07/20
Committee: AGRI
Amendment 1052 #
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 1 – point b
b) at least 10 % of the expenditure under operational programmes covers environmental actionsDoes not affect English version.
2012/07/20
Committee: AGRI
Amendment 1053 #
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 3
Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri- environment commitments provided for in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraphDoes not affect English version.
2012/07/20
Committee: AGRI
Amendment 1054 #
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 2
Environmental actions shall respect the requirements for agri-environment payments laid down in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)Does not affect English version.
2012/07/20
Committee: AGRI
Amendment 1055 #
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 4
Support for the environmental actions referred to in the first subparagraph shall cover additional costs and income foregone resulting from the actDoes not affect English version.
2012/07/20
Committee: AGRI
Amendment 1057 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
2. The Union financial assistance shall be limited tosubject to a maximum ceiling of 4.1 % of the value of the marketed production of each producer organisation and/or association, including, where appropriate, the value of marketed products prior to processing.
2012/07/20
Committee: AGRI
Amendment 1062 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 2 a (new)
2a) If paragraph 3 of this article applies, this percentage may be increased to 6.15 %.
2012/07/20
Committee: AGRI
Amendment 1069 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
1. Member States shall establish a national framework for drawing up general conditions relating to the environmental actions referred to in Article 31(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) in particular those of its Article 6 on consistency Does not affect English version.
2012/07/20
Committee: AGRI
Amendment 1156 #
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 wine which improve the overall performance of the enterprisestructures and tools, including specialised human resources, and distilleries which improve the overall performance of the enterprise, its adaptation to market demands and increase its competitiveness on the internal market and in third country markets and concern one or more of the following:
2012/07/23
Committee: AGRI
Amendment 1246 #
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 1250 #
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, except for products of the wine sector; Marketing rules cannot under any circumstances require product labelling to include the phytosanitary procedures undergone by such products;
2012/07/23
Committee: AGRI
Amendment 1310 #
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 1417 #
Proposal for a regulation
Part 2 – title 2 – chapter 2 – section 1 a (new)
SPECIFIC MEASURES
2012/07/24
Committee: AGRI
Amendment 1419 #
Proposal for a regulation
Article 100 a (new)
Article 100a Duration With the exceptions of Article 101, paragraphs 1, 2b, 2d and 2e, and Article 101a, this section shall only apply until the end of the 2019/2020 marketing year.
2012/07/24
Committee: AGRI
Amendment 1436 #
Proposal for a regulation
Article 101 – paragraph 2 a (new)
2a. In delivery contracts, a distinction shall be made according to whether the quantities of sugar to be manufactured from sugar beet will be: a) quota sugar; or b) out-of-quota sugar.
2012/07/24
Committee: AGRI
Amendment 1438 #
Proposal for a regulation
Article 101 – paragraph 2 b (new)
2b. Each sugar undertaking shall provide the Member State in which it produces sugar with the following information: a) the quantities of beet referred to in point (a) of paragraph 2a, for which they have concluded pre-sowing delivery contracts and the sugar content on which those contracts are based; b) the corresponding estimated yield. Member States may require additional information.
2012/07/24
Committee: AGRI
Amendment 1440 #
Proposal for a regulation
Article 101 – paragraph 2 c (new)
2c. Sugar undertakings which have not signed pre-sowing delivery contracts at the minimum price for quota beet, as provided for in Article 101g, for a quantity of beet equivalent to the sugar for which they hold a quota, adjusted, as the case may be, by the coefficient for a preventive withdrawal fixed pursuant to the first subparagraph of Article 101d(2), shall be required to pay at least the minimum price for quota beet for all the sugar beet they process into sugar.
2012/07/24
Committee: AGRI
Amendment 1442 #
Proposal for a regulation
Article 101 – paragraph 2 d (new)
2d. Subject to the approval of the Member State concerned, agreements within the trade may derogate from paragraphs 2a, 2b and 2c.
2012/07/24
Committee: AGRI
Amendment 1444 #
Proposal for a regulation
Article 101 – paragraph 2 e(new)
2e. If no agreements within the trade exist, the Member State concerned shall take the necessary steps compatible with this Regulation to protect the interests of the parties concerned.
2012/07/24
Committee: AGRI
Amendment 1446 #
Proposal for a regulation
Article 101 a (new)
Article 101a Price reporting in the sugar market The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), introduce a system for reporting sugar market prices, including arrangements for publishing the price levels for this market. The system shall be based on information submitted by undertakings producing white sugar or by other operators involved in the sugar trade. This information shall be treated as confidential. The Commission shall ensure that the information published does not permit the identification of prices of individual undertakings or operators.
2012/07/24
Committee: AGRI
Amendment 1447 #
Proposal for a regulation
Article 101 c (new)
Article 101b Production refund 1. A production refund may be granted, until the end of the 2019/2020 marketing year, on the products of the sugar sector listed in points (b) to (e) of Part III of Annex I if surplus sugar or imported sugar, surplus isoglucose or surplus inulin syrup is not available at a price corresponding to the world price for the manufacturing of the products referred to in Article 101m(2)(b) and (c). 2. The production refunds referred to in paragraph 1 shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2). 3. In order to take into account the specificities of the out-of-quota sugar market in the Union, the Commission may, by means of delegated acts adopted in accordance with the examination procedure referred to in Article 160, determine the conditions for the granting of the production refunds referred to in this section.
2012/07/24
Committee: AGRI
Amendment 1452 #
Proposal for a regulation
Article 101 d (new)
Article 101d Withdrawal of sugar 2. The withdrawal threshold referred to in paragraph 1 shall be calculated, for each undertaking holding a quota, by multiplying its quota by a coefficient which shall apply throughout the Union and which may be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2) no later than 28 February of the previous marketing year, on the basis of expected market trends. On the basis of updated market trends, the Commission may by 31 October of the marketing year concerned, by means of implementing acts, decide either to adjust or, in the case where no coefficient has been fixed pursuant to the first subparagraph, to fix a coefficient. In this case, the traditional supply need for imported raw sugar for refining shall be reduced by the same percentage for the marketing year concerned. 3. Each undertaking provided with a quota shall store at its own expense until the beginning of the following marketing year the sugar produced under quota beyond the threshold calculated in accordance with paragraph 2. The sugar, isoglucose or inulin syrup quantities withdrawn during a marketing year shall be treated as the first quantities produced under quota for the following marketing year. By way of derogation from the first subparagraph, taking into account the expected sugar market trends, the Commission may, by means of implementing acts, decide to consider, for the current and/or the following marketing year, all or part of the withdrawn sugar, isoglucose or inulin syrup as: a) surplus sugar, isoglucose or inulin syrup available to become industrial sugar, industrial isoglucose or industrial inulin syrup; or b) temporary quota production of which a part may be reserved for export respecting the commitments of the Union resulting from agreements concluded in accordance with Article 218 of the Treaty. 4. If sugar supply in the Union is inadequate, the Commission may, by means of implementing acts, decide that a certain quantity of withdrawn sugar, isoglucose or inulin syrup may be sold on the Union market before the end of the period of withdrawal. 5. In the case where withdrawn sugar is treated as the first sugar production of the following marketing year, the minimum price of that marketing year shall be paid to beet growers. In the case where withdrawn sugar becomes industrial sugar or is exported in accordance with points (a) and (b) of paragraph 3 of this Article, the requirements of Article 101g on the minimum price shall not apply. In the case where withdrawn sugar is sold on the Union market before the end of the period of withdrawal in accordance with paragraph 4, the minimum price of the ongoing marketing year shall be paid to beet growers. 5a. Sugar stored in accordance with the provisions of this article shall not be eligible for the private storage support provided for in Article 17. 6. The implementing acts provided for in this Article shall be adopted in accordance with the examination procedure referred to in Article 162(2).
2012/07/24
Committee: AGRI
Amendment 1453 #
Proposal for a regulation
Article 101 e (new)
Article 101e Delegated powers In order to take into account the specificities of the sugar sector and to ensure that the interests of all parties are duly taken into account, the Commission may, by means of delegated acts adopted in accordance with Article 160, introduce rules on: a) delivery contracts and purchase terms as referred to Article 101(1); b) the criteria to be applied by the sugar undertakings when allocating among beet sellers the quantities of beet to be covered by pre-sowing delivery contracts as referred to in Article 101(2b).
2012/07/24
Committee: AGRI
Amendment 1454 #
Proposal for a regulation
Article 101 f (new)
Article 101f Quotas in the sugar sector 1. A quota system shall apply to sugar, isoglucose and inulin syrup. 2. As regards the quota systems referred to in paragraph 1 of this Article, if a producer exceeds the relevant quota and does not make use of the surplus quantities as provided for in Article 101l, a surplus levy shall be payable on such quantities, subject to the conditions set out in Articles 101l to 101o.
2012/07/24
Committee: AGRI
Amendment 1456 #
Proposal for a regulation
Article 101 g (new)
Article 101g Minimum beet price 1. The minimum price for quota beet shall be EUR 26.29 per tonne until the end of the 2019/2020 marketing year. 2. The minimum price referred to in paragraph 1 shall apply to sugar beet of the standard quality defined in point B of Annex III. 3. Sugar undertakings buying quota beet suitable for processing into sugar and intended for processing into quota sugar shall be required to pay at least the minimum price, adjusted by price increases or reductions to allow for deviations from the standard quality. In order to adjust the price where the actual quality of sugar beet differs from the standard quality, the increases and reductions referred to in the first subparagraph shall be applied in accordance with rules laid down by the Commission by means of delegated acts adopted pursuant to Article 101p(5). 4. For the quantities of sugar beet corresponding to the quantities of industrial sugar or surplus sugar that are subject to the surplus levy provided for in Article 101o, the sugar undertaking concerned shall adjust the purchase price so that it is at least equal to the minimum price for quota beet.
2012/07/24
Committee: AGRI
Amendment 1461 #
Proposal for a regulation
Article 101 h (new)
Article 101h Quota allocation 1. The quotas for the production of sugar, isoglucose and inulin syrup at national or regional level are fixed in Annex IIIb. 2. The Member States shall allocate a quota to each undertaking producing sugar, isoglucose or inulin syrup established in its territory and approved under Article 101i. For each undertaking, the allocated quota shall be equal to the quota allocated to the undertaking for the marketing year 2010/2011 under Regulation (EC) No 513/2010. 3. In case of allocation of a quota to a sugar undertaking having more than one production unit, the Member States shall adopt the measures they consider necessary in order to take due account of the interests of sugar beet and cane growers.
2012/07/24
Committee: AGRI
Amendment 1464 #
Proposal for a regulation
Article 101 i (new)
Article 101i Approved undertakings 1. On request, Member States shall grant an approval to an undertaking producing sugar, isoglucose or inulin syrup or to an undertaking that processes these products into a product included in the list referred to in Article 101m(2) provided that the undertaking: a) proves its professional production capacities; b) agrees to provide any information and to be subject to controls related to this Regulation; c) is not subject to suspension or withdrawal of the approval. 2. The approved undertakings shall provide the Member State in whose territory the harvest of beet, cane or the refining takes place, with the following information: a) the quantities of beet or cane for which a delivery contract has been concluded, as well as the corresponding estimated yields of beet or cane, and sugar per hectare; b) data regarding provisional and actual sugar beet, sugar cane and raw sugar deliveries, and regarding sugar production and statements of sugar stocks; c) the quantities of white sugar sold and the corresponding prices and conditions.
2012/07/24
Committee: AGRI
Amendment 1465 #
Proposal for a regulation
Article 101 j (new)
Article 101j Adjustment of the national quotas The Commission may, by means of delegated acts adopted in accordance with Article 160, adjust the quotas that appear in Annex IIIb following decisions taken by the Member States in accordance with Article 101k.
2012/07/24
Committee: AGRI
Amendment 1467 #
Proposal for a regulation
Article 101 k (new)
Article 101k National quota reallocation and reduction of quotas 1. A Member State may reduce the sugar or isoglucose quota allocated to an undertaking established on its territory by up to 10%. In doing so, the Member States shall apply objective and non discriminatory criteria. 2. Member States may transfer quotas between undertakings in accordance with the rules laid down in Annex IIIc and taking into consideration the interests of each of the parties concerned, particularly sugar beet and cane growers. 3. The quantities reduced pursuant to paragraphs 1 and 2 shall be allocated by the Member State in question to one or more undertakings on its territory, whether or not holding a quota.
2012/07/24
Committee: AGRI
Amendment 1471 #
Proposal for a regulation
Article 101 l (new)
Article 101l Out-of-quota production 1. The sugar, isoglucose or inulin syrup produced during a marketing year in excess of the quota referred to in Article 101h may be: a) used for the processing of certain products as referred to in Article 101m; b) carried forward to the quota production of the next marketing year, in accordance with Article 101n; c) used for the specific supply regime for the outermost regions, in accordance with Chapter III of Regulation [ex (EC) No 247/2006] of the European Parliament and of the Council; or d) exported, by means of implementing acts and within the quantitative limit fixed by the Commission respecting the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty; or e) automatically released onto the internal market as quota sugar for purposes of adjusting supply to changes in demand, in quantities and subject to arrangements determined by the Commission by means of delegated acts adopted pursuant to Article 101p(6), and on the basis of the forecast supply balance. The measures referred to in this Article shall be implemented before any activation of the measures to prevent market disturbance referred to in Article 154(1). Other quantities shall be subject to the surplus levy referred to in Article 101o. 2. Implementing acts adopted pursuant to this Article shall comply with the examination procedure referred to in Article 162(2).
2012/07/24
Committee: AGRI
Amendment 1477 #
Proposal for a regulation
Article 101 m (new)
Article 101m Industrial sugar 1. Industrial sugar, industrial isoglucose or industrial inulin syrup shall be reserved for the production of one of the products referred to in paragraph 2 when: a) it has been subject to a delivery contract concluded before the end of the marketing year between a producer and a user which have both been granted approval in accordance with Article 101i; and b) it has been delivered to the user by 30 November of the following marketing year at the latest. 2. In order to take account of technical developments, the Commission may, by means of delegated acts adopted in accordance with Article 160, draw up a list of products for the production of which industrial sugar, industrial isoglucose or industrial inulin syrup may be used. The list shall in particular, include: a) bioethanol, alcohol, rum, live yeast and quantities of syrups for spreading and those to be processed into “Rinse appelstroop”; b) certain industrial products without sugar content but the processing of which uses sugar, isoglucose or inulin syrup; c) certain products of the chemical or pharmaceutical industry which contain sugar, isoglucose or inulin syrup.
2012/07/24
Committee: AGRI
Amendment 1479 #
Proposal for a regulation
Article 101 m (new)
Article 101n Carry forward of surplus sugar 1. Each undertaking may decide to carry forward all or part of its production in excess of its sugar quota, its isoglucose quota or its inulin syrup quota to be treated as part of the next marketing year's production. Without prejudice to paragraph 3, that decision shall be irrevocable. 2. Undertakings which take the decision referred to in paragraph 1 shall: a) inform the Member State concerned before a date to be determined by that Member State: - between 1 February and 15 August of the current marketing year for quantities of cane sugar being carried forward; between 1 February and 15 August of the current marketing year for other quantities of sugar or inulin syrup being carried forward; b) undertake to store such quantities at their own expense until the end of the current marketing year. 3. If an undertaking's definitive production in the marketing year concerned was less than the estimate made when the decision in accordance with paragraph 1 was taken, the quantity carried forward may be adjusted retroactively by 31 October of the following marketing year at the latest. 4. The quantities carried forward shall be deemed to be the first quantities produced under the quota of the following marketing year. 5. Sugar stored in accordance with this Article during a marketing year may not be subject to any other storage measures provided for in Articles 16 or 101d.
2012/07/24
Committee: AGRI
Amendment 1481 #
Proposal for a regulation
Article 101 o (new)
Article 101o Surplus levy 1. A surplus levy shall be levied on quantities of: a) surplus sugar, surplus isoglucose and surplus inulin syrup produced during any marketing year, except for quantities carried forward to the quota production of the following marketing year and stored in accordance with Article 101n or quantities referred to in points (c), (d) and (e) of Article 101l(1); b) industrial sugar, industrial isoglucose or industrial inulin syrup in respect of which no proof of use in one of the products referred to in Article 101m(2) has been supplied within a time limit to be fixed by the Commission by means of implementing acts adopted in accordance with Article 162; c) sugar, isoglucose and inulin syrup withdrawn from the market in accordance with Article 101d and for which the obligations provided for in Article 101d(3) are not met. 2. The surplus levy shall be fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), at a level sufficiently high to prevent the accumulation of the quantities referred to in paragraph 1. 3. The surplus levy referred to in paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quantities of production referred to in paragraph 1 that have been established for those undertakings for the marketing year concerned.
2012/07/24
Committee: AGRI
Amendment 1483 #
Proposal for a regulation
Article 101 p (new)
Article 101p Delegated powers 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 6 of this Article. 2. Given the need to ensure that undertakings referred to in Article 101i comply with their obligations, the Commission may adopt, by means of delegated acts, rules on granting and withdrawal of approval of such undertakings, as well as the criteria for administrative penalties. 3. Given the need to take into account the specificities of the sugar sector and to ensure that the interests of all parties are duly taken into account, the Commission may lay down, by means of delegated acts, further definitions, including of sugar, isoglucose and inulin syrup production, the production of an undertaking, and on the conditions governing sales to outermost regions. 4. Given the need to ensure that the beet growers are closely associated with a decision to carry forward a certain quantity of production, the Commission may, by means of delegated acts, lay down rules concerning carry forward of sugar. 5. Given the need to adjust the minimum price of sugar beet where its actual quality differs from the standard quality, the Commission may, by means of delegated acts, lay down rules for the increases and reductions referred to in Article 101g(3). 6. Given the need to prevent any disturbance of the market, the Commission may, by means of delegated acts, lay down the conditions for the release of the out-of-quota sugar referred to in Article 101l(1)(e) onto the market as quota sugar.
2012/07/24
Committee: AGRI
Amendment 1485 #
Proposal for a regulation
Article 101 q (new)
Article 101q Implementing powers With regard to the undertakings referred to in Article 101i, the Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), establish rules concerning: a) applications for approval submitted by undertakings, records to be kept by approved undertakings, information to be submitted by approved undertakings; b) the system of checks to be carried out by Member States on approved undertakings; c) Member States’ communications with the Commission and with approved undertakings; d) the delivery to undertakings of raw materials, including delivery contracts and delivery notes; e) equivalence regarding sugar as referred to in Article 101l(1)(a); f) the specific supply regime for the outermost regions; g) exports as referred to in Article 101l(1)(d); h) Member State cooperation to ensure effective checks; i) modifying the dates laid down in Article 101n; j) the establishment of the surplus quantity, the notifications and payment of the surplus levy referred to in Article 101o; k) the automatic release of the out-of- quota sugar referred to in Article 101l(1)(e) onto the market as quota sugar.
2012/07/24
Committee: AGRI
Amendment 1490 #
Proposal for a regulation
Part 2 – title 2 – chapter 2 – section 1 b (new)
SYSTEM OF PRODUCTION LIMITATION
2012/07/24
Committee: AGRI
Amendment 1514 #
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 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 1611 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – introductory part
(c) pursue athe specific aim, which may include at least one of the following objectives of achieving at least two of points i, ii or iii, with the possibility of voluntarily including any of the other objectives in the following list:
2012/07/25
Committee: AGRI
Amendment 1646 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii a (new)
(viia) raising the market value of production, including through processing.
2012/07/25
Committee: AGRI
Amendment 1651 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii b (new)
(viib) developing initiatives to improve the quality and innovative nature of agri- foodstuffs;
2012/07/25
Committee: AGRI
Amendment 1663 #
Proposal for a regulation
Article 106 – paragraph 1 – point d a (new)
(da) market their entire production through the producer organisation;
2012/07/25
Committee: AGRI
Amendment 1664 #
Proposal for a regulation
Article 106 – paragraph 1 – point d b (new)
(db) pay the financial contributions provided for in its rules of association for the establishment and replenishment of the operational fund provided for in Article 30.
2012/07/25
Committee: AGRI
Amendment 1671 #
Proposal for a regulation
Article 106 – paragraph 1a (new)
Notwithstanding paragraph 1(e), where the producer organisation so authorises and where this is in compliance with the terms and conditions laid down by the producer organisation, the producer members may: (a) sell no more than a fixed percentage of their production and/or products directly on their holdings and/or outside their holdings to consumers for their personal needs, such percentages being fixed by Member States at not less than 10%; (b) market themselves or through another producer organisation designated by their own organisation, quantities of products which are marginal in relation to the volume of marketable production of their organisation; (c) market themselves or through another producer organisation designated by their own organisation products which, because of their characteristics, are not normally covered by the commercial activities of the producer organisation concerned.
2012/07/25
Committee: AGRI
Amendment 2043 #
Proposal for a regulation
Article 149 – paragraph 1 a (new)
Member States with sugar beet production to the south of the 44th parallel may also make national payments per hectare per marketing year to sugar beet growers.
2012/07/25
Committee: AGRI