[ParlTrack]

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 94

(94) A single market involves a trading system at the external borders of the Union. That trading system should include import duties ~~and export refunds and should, in principle, stabilise the Union market~~. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements.

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 107

(107) Provisions for granting refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity.deleted

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 108

(108) Compliance with the limits in terms of value should be ensured at the time when the export refunds are fixed through the monitoring of payments under the rules relating to the European Agricultural Guarantee Fund. Monitoring can be facilitated by the compulsory advance fixing of export refunds, while allowing the possibility, in the case of differentiated refunds, of changing the specified destination within a geographical area to which a single export refund rate applies. In the case of a change of destination, the export refund applicable to the actual destination should be paid, with a ceiling on the amount applicable to the destination fixed in advance.deleted

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 109

(109) Compliance with the quantity limits should be ensured by a reliable and effective system of monitoring. To that end, the granting of export refunds should be made subject to an export licence. Export refunds should be granted up to the limits available, depending on the particular situation of each product concerned. Exceptions to that rule should be permitted only for processed products not listed in Annex I to the Treaty, to which volume limits do not apply. Provision should be made for a derogation from strict compliance with management rules where exports benefiting from export refunds are not likely to exceed the quantity laid down.deleted

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 110

(110) In the case of the export of live bovine animals, provision should be made whereby export refunds are granted and paid only if the provisions established in Union legislation concerning animal welfare, in particular those concerning the protection of animals during transport, are respecdeleted.

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 111

(111) In order to ensure equality of access to export refunds for exporters of agricultural products covered by this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of applying certain rules for agricultural products to products exported in the form of processed goods.deleted

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 112

(112) In order to encourage exporters to respect animal welfare conditions ~~and to enable the competent authorities to verify correct expenditure of export refunds where this is conditional on respect for animal welfare requirements~~, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of animal welfare requirements outside the customs territory of the Union, including the use of independent third parties.

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 113

(113) In order to ensure that operators respect their obligations when participating in tendering procedures, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of designating the primary requirement for release of licence securities for tendered export refunds.deleted

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 114

(114) In order to minimise the administrative burden for operators and authorities, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of acts to set thresholds below which the obligation to issue or present an export licence may not be required, designate destinations or operations where an exemption for the obligation to present an export licence can be justified and permit in justified situation export licences to be granted ex- post.deleted

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 115

(115) In order to adhere to practical situations justifying full or partial eligibility to export refunds, and in order to help operators bridge the period between the application for and the final payment of the export refund, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of measures pertaining to: another date for the refund; the consequences for the payment of the export refund when the product code or destination mentioned in a licence is not in conformity with the actual product or destination; advance payment of export refunds including the conditions for the lodging and release of a security; checks and proof when doubts on the real destination of products exist including the opportunity for re- importation into the customs territory of the Union; destinations treated as exports from the Union, and inclusion of destinations within the customs territory of the Union eligible for export refunds.deleted

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 116

(116) In order to ensure that products benefiting from export refunds are exported from the customs territory of the Union and to avoid their return to that territory, and in order to minimise the administrative burden for operators in generating and submitting proof that refund products reached a country of destination for differentiated refunds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of measures pertaining to: the time limit by which the exit from the customs territory of the Union must be finalised, including the time for temporary re-entry; the processing that products benefiting from export refunds may undergo during that period; the proof of having reached a destination for differentiated refunds; the refund thresholds and conditions under which exporters may be exempted from such proof; and conditions for approval of proof of reaching a destination for differentiated refunds by independent third parties.deleted

2012/07/19
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Recital 117

(117) In order to take account of the specificities of the different sectors, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specific requirements and conditions for operators and of the products eligible for an export refund including, in particular, the definition and characteristics of the products, and the establishment of coefficients for the purposes of calculating export refunds.deleted

2012/07/19
Committee: AGRI

George LYON, Marit PAULSEN

Proposal for a regulation
Article 107 – paragraph 1

Member States ~~shall~~may 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.

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON

Proposal for a regulation
Article 108 – paragraph 2 – introductory part

2. For interbranch organisations in the olive oil and table olive ~~and tobacco~~ sectors, the specific aim referred to in point (c) of paragraph 1 may also include at least one of the following objectives:

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Part 3 – chapter 6 – title

Export ~~refund~~provisions

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON

Proposal for a regulation
Article 133

~~[...]~~deleted

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Article 134

Export refund distribution The quantities which may be exported with an export refund shall be allocated (a) is most suited to the nature of the product and the situation on the relevant market, allowing the most efficient use of the resources available, taking into account the efficiency and structure of Union exports and their impact on the market balance without creating discrimination between the operators concerned and in particular between large and small operators; (b) is least cumbersome administratively for operators, taking into account the administrative requirements.Article 134 deleted by the method which:

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Article 135

1. The same export refunds shall apply to the same products in the whole Union. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 218 of the Treaty make this necessary. 2. Measures on the fixing of refunds shall be taken by the Council in accordance with Article 43(3) of the Treaty.Article 135 deleted Export refund fixation

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON

Proposal for a regulation
Article 136

~~[...]~~deleted

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON

Proposal for a regulation
Article 137 – title

Export ~~refunds for~~of live animals ~~in the beef and veal sector~~

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Article 137 – paragraph 1

1. With regard to products of the beef and veal sector, the granting and the payment of the refund for exports of live animals shall be subject to compliance with the animal welfare requirements established in the Union legislation and, in particular, the protection of animals during transport.deleted

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Article 137 – paragraph 2

2. Taking into account the need to encourage exporters to respect animal welfare conditions ~~and to enable the competent authorities to verify correct expenditure of export refunds where that is conditional on respect for animal welfare requirements~~, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on the respect of animal welfare requirements outside the customs territory of the Union, including the use of independent third parties.

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Article 138

The volume commitments resulting from the agreements concluded in accordance with Article 218 of the Treaty shall be respected on the basis of export licences issued for the reference periods applying to the products concerned. The Commission may adopt implementing acts necessary to respect the volume commitments, including ceasing or limiting the issue of export licences when such commitments are or can be exceeded. With regard to compliance with the obligations under the WTO Agreement on Agriculture, the ending of a reference period shall not affect the validity of export licences.Article 138 deleted Export limits

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON

Proposal for a regulation
Article 139

~~[...]~~deleted

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Article 140

Implementing powers in accordance with the examination procedure The Commission shall by means of implementing acts, adopt necessary measures for the application of this Section, in particular: (a) on the redistribution of exportable quantities which have not been allocated or utilised; (b) on products referred to in point (b) of Article 133(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).Article 140 deleted

2012/07/25
Committee: AGRI

Marit PAULSEN, George LYON, Britta REIMERS

Proposal for a regulation
Article 141

~~The Commission may, by means of implementing acts, fix coefficients adjusting export refunds in accordance with the rules adopted pursuant to Article 139(6).~~Article 141 deleted Other implementing powers

2012/07/25
Committee: AGRI

George LYON, Marit PAULSEN

Proposal for a regulation
Article 143 a (new)

Article 143 a The relevant market 1. The definition of the relevant market is a tool to identify and define the boundaries of competition between firms, and is founded on two cumulative elements: (a) The relevant product market: for the purposes of this Chapter, 'product market' means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products' characteristics, their prices and their intended use; (b) The relevant geographic market: for the purposes of this Chapter, 'geographic market' means the market comprising the area in which the firms concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas. 2. For the purpose of defining the relevant market, the following principles apply: (a) The relevant product market shall be considered in the first instance, for raw products, to be the market in products from a given species of plant or animal; wherever a smaller subdivision is used, this shall be duly substantiated; (b) the relevant geographic market shall be considered on a case-by-case basis and shall be duly substantiated according to the particular circumstances of each case.

2012/07/25
Committee: AGRI

George LYON, Marit PAULSEN

Proposal for a regulation
Article 143 b (new)

Article 143 b Dominant position For the purposes of this Chapter, 'dominant position' means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of consumers.

2012/07/25
Committee: AGRI

Marit PAULSEN, Britta REIMERS, George LYON

Proposal for a regulation
Article 145 – paragraph 1

1. Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 108 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(1) of this Regulation, and for the olive oil and table olive ~~and tobacco sectors~~, Article 108(2) of this Regulation.

2012/07/25
Committee: AGRI

29 Amendments of Marit PAULSEN related to 2011/0281(COD)

ParlTrack - 2011-2024