BETA

129 Amendments of Alejandro CERCAS related to 2011/0281(COD)

Amendment 461 #
Proposal for a regulation
Recital 25 a (new)
(25a) Olive oil is the key element of the Mediterranean diet. Various studies published over the last few decades have reported a link between eating olive oil and improved cardiovascular health, a stronger immune system and keeping other major public health problems under control. Olive oil consumption in the EU needs to be promoted. With this in mind, the Commission is urged to design, within one year of the entry into force of this Regulation, a programme similar to those aimed at promoting the consumption of dairy products and fruit and vegetables in educational and healthcare establishments. Participation by Member States in this programme would be voluntary. EU funding provided to Member States that decide to participate would be similar to that provided for the existing programmes mentioned above.
2012/07/19
Committee: AGRI
Amendment 466 #
Proposal for a regulation
Recital 32
(32) This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing as fresh produce and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand. Rules on producer organisations, operational programmes and Union financial assistance only apply to fruit and vegetables and fruit and vegetables solely intended for processing.
2012/07/19
Committee: AGRI
Amendment 580 #
Proposal for a regulation
Recital 128
(128) In Finlandregions north of latitude 60°N or south of latitude 44°S, sugar beet growing is subject to particular geographical and climatic conditions which will adversely affect the sector beyond the general effects of the sugar reform. ThatCertain Member States should therefore be authorised, on a permanent basis, to make national payments to itstheir sugar beet growers.
2012/07/19
Committee: AGRI
Amendment 608 #
Proposal for a regulation
Article 3 – paragraph 3
3. Taking into account the specificities of the rice sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to update the definitions concerning the rice sector set out in Part I of Annex II.
2012/07/19
Committee: AGRI
Amendment 621 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) as regards paddy rice, EUR 15200/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading;
2012/07/19
Committee: AGRI
Amendment 624 #
Proposal for a regulation
Article 7 – paragraph 1 – point f a (new)
(fa) as regards the olive oil sector: (i) EUR 2 388/tonne for extra virgin olive oil; (ii) EUR 2 295/tonne for virgin olive oil; (iii) EUR 2 045/tonne for lampante olive oil having 2 degrees of free acidity, this amount being reduced by EUR 36.70/tonne for each additional degree of acidity.
2012/07/19
Committee: AGRI
Amendment 653 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
(a) common wheat, durum wheat, barley and, maize and sorghum;
2012/07/19
Committee: AGRI
Amendment 669 #
Proposal for a regulation
Article 10 a (new)
Article 10a Strategic stocks In order to prevent severe market imbalances and to guarantee the continuity of livestock sectors, strategic stocks of raw materials for livestock feed shall be established. By means of delegated acts adopted pursuant to Article 160, the Commission shall take the necessary steps to ensure that this system is implemented.
2012/07/19
Committee: AGRI
Amendment 671 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
(a) common wheat, durum wheat, barley and, maize and sorghum, from 1 November to 31 May;
2012/07/19
Committee: AGRI
Amendment 682 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) may be opened by the Commission, by means of implementing acts, for barley, maize, durum wheat, sorghum and paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);
2012/07/19
Committee: AGRI
Amendment 708 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 – point b
(b) for durum wheat, barley, maize, sorghum, paddy rice and beef and veal.
2012/07/19
Committee: AGRI
Amendment 719 #
Proposal for a regulation
Article 14 – paragraph 2 – point a
(a) for common wheat, durum wheat, barley, maize, sorghum, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;
2012/07/19
Committee: AGRI
Amendment 726 #
Proposal for a regulation
Article 14 – paragraph 3
3. The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common wheat, durum wheat, barley, maize, sorghum and paddy rice. Moreover, taking into account the need to ensure that production is orientated towards certain varieties of paddy rice, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases and reductions of the public intervention price.
2012/07/19
Committee: AGRI
Amendment 734 #
Proposal for a regulation
Article 15 – paragraph 2
Products may be disposed of by making them available, first and foremost, for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No […] if that scheme so provides. In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).
2012/07/19
Committee: AGRI
Amendment 736 #
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, as well as the amount of mandatory aid for the private storage of butter, 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).
2012/07/19
Committee: AGRI
Amendment 738 #
Proposal for a regulation
Part 2 – title 1 – chapter 1 – section 3 – title
Optional Aid for Private storage
2012/07/20
Committee: AGRI
Amendment 746 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
c a) dried fodder;
2012/07/20
Committee: AGRI
Amendment 757 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
b) olive oil and table olives;
2012/07/20
Committee: AGRI
Amendment 776 #
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 781 #
Proposal for a regulation
Article 16 – paragraph 1 – point e a (new)
e a) longkeeping cheeses which are manufactured from sheep and/or goat's milk and require at least six months’ maturing;
2012/07/20
Committee: AGRI
Amendment 788 #
Proposal for a regulation
Article 16 – paragraph 1 – point e c (new)
e c) rabbitmeat;
2012/07/20
Committee: AGRI
Amendment 792 #
Proposal for a regulation
Article 16 – paragraph 1 – point e d (new)
e d) poultrymeat;
2012/07/20
Committee: AGRI
Amendment 804 #
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 821 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
1a. The Commission shall, however, allow aid for private storage of olive oil to be granted if, for a period of at least two weeks, the average price recorded on the market falls below: – EUR 2 357/tonne for extra virgin olive oil; – EUR 2 266/tonne for virgin olive oil, or; – EUR 2 019/tonne for lampante olive oil having two degrees of free acidity, this amount shall be reduced by EUR 36.70/tonne for each additional degree of acidity. The Commission shall, by means of a delegated act pursuant to Article 160, review these prices each year in line with production and market trends.
2012/07/20
Committee: AGRI
Amendment 824 #
Proposal for a regulation
Article 17 – paragraph 2
2. The Commission mayshall, by means of implementing acts, decide to grant private storage aid for the products listed in Article 16, taking into account the conditions referred to in paragraph 1 of this Article. For olive oil, the Commission shall allow private storage aid to be granted in the circumstances set out in the new paragraph 1(a) of this article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2)
2012/07/20
Committee: AGRI
Amendment 840 #
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 given marketing year may not be subject to any other of the storage measures referred to in Articles 101(d) and (e).
2012/07/20
Committee: AGRI
Amendment 853 #
Proposal for a regulation
Article 18 – paragraph 3
3. Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat, durum wheat, barley, maize, sorghum and paddy rice.
2012/07/20
Committee: AGRI
Amendment 855 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
3a. Taking into account the particular seasonality and/or the specific nature of certain farms in some Member States or regions, the Commission may, by means of delegated acts pursuant to Article 160, set different objective conditions governing factors that may trigger private storage.
2012/07/20
Committee: AGRI
Amendment 860 #
Proposal for a regulation
Article 18 – paragraph 8 – introductory part
8. Taking into account the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and aid for private storage, the Commission may, by means of delegated acts, adopt Unionhe Commission may, by means of delegated acts, adapt and update the definitions and arrangements provided for Annex III(a), and lay down rules for the development and implementation of the scales for the classification of carcasses in the following sectors:set out in Article 9(a).
2012/07/20
Committee: AGRI
Amendment 861 #
Proposal for a regulation
Article 18 – paragraph 8 – point a
a) beef and veal;deleted
2012/07/20
Committee: AGRI
Amendment 862 #
Proposal for a regulation
Article 18 – paragraph 8 – point b
b) pigmeat;deleted
2012/07/20
Committee: AGRI
Amendment 863 #
Proposal for a regulation
Article 18 – paragraph 8 – point c
c) sheepmeat and goatmeat.deleted
2012/07/20
Committee: AGRI
Amendment 864 #
Proposal for a regulation
Article 18 – paragraph 8 a (new)
8a. The Commission may lay down, by means of delegated acts, rules on the calculation of average Union prices and the obligations on operators to submit information on beef, pig and sheep carcases, in particular as regards market and representative prices;
2012/07/20
Committee: AGRI
Amendment 866 #
Proposal for a regulation
Article 18 – paragraph 9
9. Taking into account the need to ensure the accuracy and reliability of the classification of carcasses, the Commission may, by means of delegated acts, provide for the review of the application of classification of carcasses in Member States by a Union committee composed of experts from the Commission and experts appointed by the Member States. Those provisions may provide for the Union toshall bear the costs resulting from the review activity.
2012/07/20
Committee: AGRI
Amendment 868 #
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
ba) implementation of the intervention limits set out in Article 13(1);
2012/07/20
Committee: AGRI
Amendment 870 #
Proposal for a regulation
Article 19 – paragraph 1 – point b b (new)
bb) implementation of the tendering procedure referred to in Article 13(2) for common wheat, butter and skimmed milk powder beyond the quantities set out in Article 13(1);
2012/07/20
Committee: AGRI
Amendment 881 #
Proposal for a regulation
Article 19 – paragraph 1 – point k a (new)
ka) the amount of the security referred to in Article 18(7)(c);
2012/07/20
Committee: AGRI
Amendment 882 #
Proposal for a regulation
Article 19 – paragraph 1 – point k b (new)
kb) the requirements to be met by storage places for the products to be purchased under the intervention system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken over in good condition and for their disposal at the end of the storage period;
2012/07/20
Committee: AGRI
Amendment 883 #
Proposal for a regulation
Article 20
Other implementing powers The Commission shall adopt implementing acts necessary in order to: a) respect the intervention limits set out in Article 13(1); and b) apply the tendering procedure referred to in Article 13(2) for common wheat, butter and skimmed milk powder beyond the quantities set out in Article 13(1).Article 20 deleted
2012/07/20
Committee: AGRI
Amendment 1004 #
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 1047 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 3 a (new)
The amount of aid for withdrawals and non-harvesting shall be updated periodically in line with market trends.
2012/07/20
Committee: AGRI
Amendment 1049 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
2a. For the purposes of this section: a) ‘Green harvesting’ shall mean the total or partial harvesting of products that have not yet reached commercial maturity. The products concerned shall not have been damaged prior to green harvesting, whether due to climatic reasons or disease or otherwise. b) ‘Non-harvesting’ shall mean the situation whereby all or part of commercial production is not taken from the area concerned during the normal production cycle. However, destruction of products due to climatic event or disease shall not be considered as non-harvesting.
2012/07/20
Committee: AGRI
Amendment 1058 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
2. The Union financial assistance shall be limited to 4.1 % of the value of the marketed production of each producer organisation, including, where appropriate, the value of marketed products prior to processing.
2012/07/20
Committee: AGRI
Amendment 1061 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 2 a (new)
2a) This percentage may, however, be increased to 6.15 % in the event that paragraph 3 of this article applies.
2012/07/20
Committee: AGRI
Amendment 1131 #
Proposal for a regulation
Article 44 – paragraph 6
6. The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In less developed and transitional regions the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.
2012/07/23
Committee: AGRI
Amendment 1153 #
Proposal for a regulation
Article 48 – title
Investments in the internal market and third countries
2012/07/23
Committee: AGRI
Amendment 1159 #
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
1. Support may be granted for tangible or intangible investments and other eligible expenditure in processing facilities, winery infrastructure and marketing of wine which improve the overall performance of the enterprise, 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 1166 #
Proposal for a regulation
Article 48 – paragraph 1 a (new)
1a. For the purposes of this article, eligible expenditure shall be considered to include the recruitment of material and/or human resources to improve the commercialisation of wine products produced in the EU, as defined in Annex VI, Part II, of this regulation. This measure may be applied throughout the territory of the EU, including in the country of origin of the applicant for the aid involved.
2012/07/23
Committee: AGRI
Amendment 1171 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Support under paragraph 1 at its maximum rate shall apply onlyto producer organisations as defined in Article 106 of this Regulation and to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises25.
2012/07/23
Committee: AGRI
Amendment 1175 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
By way of derogation from the first subparagraph, the maximum rate may apply to all enterprises for the outermost regions referred to in Article 349 of the Treaty and the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/200626. For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved.
2012/07/23
Committee: AGRI
Amendment 1178 #
Proposal for a regulation
Article 48 – paragraph 4 – point a
(a) 50 % in less developed and transition regions;
2012/07/23
Committee: AGRI
Amendment 1202 #
Proposal for a regulation
Article 52 – paragraph 2
2. The Union contribution to the funding of the apiculture programmes shall not exceed 50be 75 % of the expenditure borne by Member States.
2012/07/23
Committee: AGRI
Amendment 1226 #
Proposal for a regulation
Article 55 – paragraph 1
Without prejudice to any other provisions applicable to agricultural products, as well as the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products, divided between obligatory rules and optional reserved items.
2012/07/23
Committee: AGRI
Amendment 1289 #
Proposal for a regulation
Article 59 a (new)
Article 59a Additional requirements for the marketing of the products of the fruit and vegetables sector 1. The country of origin should be indicated on fruit and horticultural products which are sold fresh to consumers; The marketing standards referred to in paragraph 1 and 2 of Article 56 and any marketing standard applicable to the fruit and vegetables and the processed fruit and vegetables sectors shall apply at all marketing stages including import and export unless otherwise provided for by the Commission. 2. The marketing standards referred to in paragraph 21 and any marketing standard applicable to the fruit and vegetables and the processed fruit and vegetables sectors shall apply at all marketing stages including import and export unless otherwise provided for by the Commission. 3. The holder of products of the fruit and vegetables and processed fruit and vegetables sector covered by marketing standards may not display such products or offer them for sale or deliver or market them in any manner within the Community other than in conformity with those standards and shall be responsible for ensuring such conformity. 4. Without prejudice to any specific provisions which may be adopted by the Commission, in particular on the consistent application in the Member States of the conformity checks, Member States shall, in respect of the fruit and vegetables and the processed fruit and vegetables sectors, check selectively, based on a risk analysis, whether the products concerned conform to the respective marketing standards. These checks shall be focused on the stage prior to dispatch from the production areas when the products are being packed or loaded. For products from third countries, checks shall be done prior to release for free circulation.
2012/07/23
Committee: AGRI
Amendment 1347 #
Proposal for a regulation
Article 71 – paragraph 2 – subparagraph 1 a (new)
The product specification shall consist at least of: (a) the name to be protected; (b) a description of the wine(s): (i) for wines with a designation of origin, its principal analytical and organoleptic characteristics; (ii) for wines with a geographical indication, its principal analytical characteristics and an evaluation or indication of its organoleptical characteristics; (c) where applicable, the specific oenological practices used to make the wine(s) as well as the relevant restrictions on making the wine(s); (d) the demarcation of the geographical area concerned; (e) the maximum yields per hectare; (f) an indication of the wine grape variety or varieties the wine or wines is or are obtained from; (g) detailed explanation of the link (h) applicable requirements laid down in Community or national provisions or, where foreseen by Member States, by an organisation which manages the protected designation of origin or geographical indication, having regard to the fact that such requirements shall be objective and non-discriminatory and compatible with Community law; (i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.
2012/07/23
Committee: AGRI
Amendment 1351 #
Proposal for a regulation
Article 73 – paragraph 1 – subparagraph 1 a (new)
The application for protection shall be filed with the Member State in whose territory the designation of origin or geographical indication originates. The Member State shall examine the application for protection to determine whether it meets the conditions set out in this Chapter. The Member State shall carry out a national procedure ensuring adequate publication of the application and providing for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and established or resident on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.
2012/07/23
Committee: AGRI
Amendment 1354 #
Proposal for a regulation
Article 73 – paragraph 3
3. If the Member State considers that the relevant requirements are met, it shall carry out a national procedure which ensures adequate publication of the product specification at least on the Internet. : (a) publish the single document and the product specification at least on the Internet; and (b) forward to the Commission an application for protection containing the following information: (i) the name and address of the applicant; (ii) the single document; (iii) a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions of this Regulation; (iv) the reference to publication, as referred to in point (a).
2012/07/23
Committee: AGRI
Amendment 1357 #
Proposal for a regulation
Article 73 – paragraph 3 a (new)
3a. Where a Member State has no national legislation concerning the protection of designations of origin and geographical indications, it may, on a transitional basis only, grant protection in accordance with the terms of this Chapter at national level to the name with effect from the day the application is lodged with the Commission. Such transitional national protection shall cease on the date on which a decision on registration or refusal under this Subsection is taken.
2012/07/23
Committee: AGRI
Amendment 1364 #
Proposal for a regulation
Article 81 – paragraph 1 a (new)
Third countries shall provide the Commission with the technical report referred to in Article 71(1) of this Regulation in respect of their geographical indications under the previous paragraph. The Commission may decide to cancel the geographical indications of third countries which fail to comply with the terms of Article 70 of this Regulation, within a maximum period of 3 years from the date of their registration.
2012/07/23
Committee: AGRI
Amendment 1369 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Where the proposed amendment involves several amendments to the single document referred to in Article 71(1)(d), Articles 73 to 76 shall apply mutatis mutandis to the amendment application. However, where the proposed amendments are only minor, the implementing acts shall be used to decide whether to approve the application without following the procedure laid down in Article 74(3) and Article 75.
2012/07/23
Committee: AGRI
Amendment 1371 #
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Where the proposed amendment does not involve any change to the single document, the following rules shall apply: (a) where the geographical area is in a given Member State, that Member State shall express its position on the amendment and, if it is in favour, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them. (b) where the geographical area is in a third country, the Commission shall determine whether to approve the proposed amendment.
2012/07/23
Committee: AGRI
Amendment 1375 #
Proposal for a regulation
Article 86 – paragraph 3
3. Taking into account the need to ensure product quality and traceability, the Commission may, by means of delegated acts, provide for the conditions under which product specifications may include additional requirements.deleted
2012/07/23
Committee: AGRI
Amendment 1378 #
Proposal for a regulation
Article 86 – paragraph 4 – point a
(a) the elements of the product specification;deleted
2012/07/23
Committee: AGRI
Amendment 1515 #
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 in 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 1632 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point v a (new)
(va) establishing production and marketing rules that are stricter than those laid down at Union or national level;
2012/07/25
Committee: AGRI
Amendment 1641 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii a (new)
(viia) developing initiatives to improve the quality and innovative nature of agri- foodstuffs;
2012/07/25
Committee: AGRI
Amendment 1649 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii b (new)
(viib) optimising production by its members, including processing;
2012/07/25
Committee: AGRI
Amendment 1654 #
Proposal for a regulation
Article 106 – paragraph 1 – point d
(d) do not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty.deleted
2012/07/25
Committee: AGRI
Amendment 1666 #
Proposal for a regulation
Article 106 – paragraph 1 a (new)
Notwithstanding the foregoing, producer organisations constituted by producers in the fruit and vegetables, olive oil and wine sectors should include at last one of objectives i), ii) or iii).
2012/07/25
Committee: AGRI
Amendment 1676 #
Proposal for a regulation
Article 106 a (new)
Article 106a Rules of association of fruit and vegetable producer organisations The rules of association of a producer organisation in the fruit and vegetables sector shall require its producer members, in particular, to: (a) market their entire production concerned through the producer organisation; (b) 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. 2. Notwithstanding paragraph 4(a), 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 1678 #
Proposal for a regulation
Article 106 b (new)
Article 106b Recognition of fruit and vegetable producer organisations Member States shall recognise as producer organisations in the fruit and vegetables sector all legal entities or clearly defined parts of legal entities applying for such recognition, provided that: (a) they have the objective of the use of environmentally sound cultivation practices, production techniques and waste management practices in particular to protect the quality of water, soil and landscape and to preserve or encourage biodiversity, and meet the requirements laid down in Articles 106, 106c and 106d and provide the relevant evidence thereof; (b) they effectively enable their members to obtain technical assistance in using environmentally-sound cultivation practices; (c) they effectively provide their members, where necessary, with the technical means for collecting, storing, packaging and marketing their produce; (d) they ensure proper commercial and accounting management of their activities;
2012/07/25
Committee: AGRI
Amendment 1704 #
Proposal for a regulation
Article 108 – paragraph 1 – point a
(a) are constituted of representatives of economic activities linked to the production and at least one of, trade in, and/or processing of products in one or more sectors;he following links in the chain: processing or trade, including distribution,
2012/07/25
Committee: AGRI
Amendment 1708 #
Proposal for a regulation
Article 108 – paragraph 1 – point b
(b) are formed on the initiative of all or some of the organisations or associations which constitute themrepresentatives referred to in (a);
2012/07/25
Committee: AGRI
Amendment 1713 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point i
(i) improving knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional or national level, national or international level, establishing benchmarks so that all their members can at least cover their production costs and thus guarantee the profitability of all parties involved in the organisation or avoid selling at a loss;
2012/07/25
Committee: AGRI
Amendment 1735 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point x
(x) encouraging healthyresponsible consumption of the products and informing about the harm linked to hazardousalthy consumption patterns;
2012/07/25
Committee: AGRI
Amendment 1745 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) arranging the orderly withdrawal or coordinated processing of the product at times of clear market imbalances in a marketing year with the goal of restoring the normal functioning of the market;
2012/07/25
Committee: AGRI
Amendment 1748 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) concentrating and co-ordinating supply and marketing of the produce of the members;
2012/07/25
Committee: AGRI
Amendment 1755 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) adapting production and processing jointly to the requirements of the market and improving the product;
2012/07/25
Committee: AGRI
Amendment 1757 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) promoting the rationalisation and improvement of production and processing;
2012/07/25
Committee: AGRI
Amendment 1765 #
Proposal for a regulation
Article 108 – paragraph 2
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: (a) concentrating and co-ordinating supply and marketing of the produce of the members; (b) adapting production and processing jointly to the requirements of the market and improving the product; (c) promoting the rationalisation and improvement of production and processing.deleted
2012/07/25
Committee: AGRI
Amendment 1810 #
Proposal for a regulation
Article 110 – paragraph 4 – subparagraph 1 – point j
(j) research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and the environment. In the case of minor uses, it should also be permitted to develop studies on the authorisation of specific molecules or medicines for such products, especially where no authorised treatments exist;
2012/07/25
Committee: AGRI
Amendment 1814 #
Proposal for a regulation
Article 110 – paragraph 4 – subparagraph 1 – point l a (new)
(la) withdrawal or coordinated processing of the product at times of clear market imbalances in a marketing year with the goal of restoring the normal functioning of the market.
2012/07/25
Committee: AGRI
Amendment 1816 #
Proposal for a regulation
Article 110 – paragraph 4 – subparagraph 1 – point l b (new)
(lb) establishment of specific benchmarks for each product so that all the members of the interbranch organisation can at least cover their production costs.
2012/07/25
Committee: AGRI
Amendment 1817 #
Proposal for a regulation
Article 110 – paragraph 4 – subparagraph 1 – point l c (new)
(lc) blocking of products that do are not up to the quality demanded by the market.
2012/07/25
Committee: AGRI
Amendment 1826 #
Proposal for a regulation
Article 111 – paragraph 1
Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 110 and the activities covered by those rules are in the general economic interest of personeconomic operators whose activities relate to the products concerned, the Member State which has granted recognition may decide that individual economic operators or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.
2012/07/25
Committee: AGRI
Amendment 1829 #
Proposal for a regulation
Article 111 – paragraph 1 a (new)
Likewise, where one or more of the activities referred to in the second subparagraph of this paragraph is pursued by a recognised interbranch organisation in the tobacco sector and is in the general economic interest of those economic operators whose activities relate to one or more of the products concerned, the Member State which has granted recognition or the Commission, where recognition has been granted by the Commission, may decide that individual economic operators or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question. The activities referred to in the above subparagraph shall relate to one of the following objectives: (a) research to add value to the products, in particular through new uses which do not pose a threat to public health; (b) studies to improve the quality of leaf or baled tobacco; (c) research into methods of cultivation permitting reduced use of plant health products and guaranteeing conservation of the soil and the environment.
2012/07/25
Committee: AGRI
Amendment 1835 #
Proposal for a regulation
Article 112 – paragraph 1 – introductory part
Taking into account the need to encourage action by the organisations referred to in Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning the live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectorssectors that have no specific systems of production limitation, on measures:
2012/07/25
Committee: AGRI
Amendment 1849 #
Proposal for a regulation
Part II – Title II – Chapter III – Section 3 a (new)
SECTION 3A CONTRACTUAL SYSTEMS Article 113a Contractual Relations 1. Without prejudice to Articles 104a and 105a concerning the milk and milk products sector and Article 101 concerning the sugar sector, if a Member State decides that every delivery in its territory of agricultural products from a sector listed in Article 1(2) of this Regulation, by a producer to a processor or distributor must be covered by a written contract between the parties or decides that the first purchasers must make a written offer for a contract for the delivery of agricultural products by the producer, such a contract or such an offer for a contract shall fulfil the conditions laid down in paragraph 2. Where the Member State decides that deliveries of the products concerned by a producer to a purchaser must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if delivery of the products concerned is made through one or more intermediaries. The Member States shall ensure that contracts in the sectors in question are fulfilled and shall establish a mediation mechanism to cover cases in which no such contract can be concluded by mutual agreement, thereby ensuring fair contractual relations. 2. The contract and the offer for a contract shall: a) be made in advance of the delivery; b) be made in writing; and c) include, in particular, the following elements: i) the price payable for the delivery, which shall: – be static and be set out in the contract, or – be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered, ii) the quantity and quality of the products concerned which may or must be delivered and the timing of such deliveries, (iii) the duration of the contract, which may include either a definite or an indefinite duration with termination clauses, iv) details regarding payment periods and procedures, v) arrangements for collecting or delivering the agricultural products, and vi) rules applicable in the event of force majeure. 3. By way of derogation from paragraph 1, a contract and/or an offer for a contract shall not be required where the products concerned are delivered by a producer to a purchaser being a cooperative of which the producer is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2. 4. All elements of contracts for the delivery of agricultural products concluded by producers, collectors, processors or distributors, including those elements referred to in paragraph 2(c), shall be freely negotiated between the parties. Notwithstanding the provisions of the first paragraph: i) where a Member State decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1 of this Article, it may establish a minimum duration, applicable only to written contracts between a farmer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market; ii) where a Member State decides that the first purchaser of agricultural products must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer shall include a minimum duration of the contract as set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market. The second paragraph shall be without prejudice to the producer’s right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract, including those elements referred to in paragraph 2(c). 5. Member States which make use of the options referred to in this Article shall notify the Commission of how they are applied. 6. The Commission may adopt implementing acts laying down measures necessary for the uniform application of paragraph 2(a) and (b) and paragraph 3 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
2012/07/25
Committee: AGRI
Amendment 1856 #
Proposal for a regulation
Article 114 – paragraph 1 – point a
a) the specific aims which may, shall or shall not be pursued by such organisations and associations in the fruit and vegetables, olive oil and table olives, and wine sectors, including derogations from those laid down in Articles 106 to 109;
2012/07/25
Committee: AGRI
Amendment 1860 #
Proposal for a regulation
Article 114 – paragraph 1 – point b
b) the rules of association, the recognition, structure, legal personality, membership, size, accountability and activities of such organisations and associations, the requirement referred to in point (d) of Article 106 for recognition of a producer organisation that it does not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty, the effects deriving from recognition, the withdrawal of recognition, and mergers;
2012/07/25
Committee: AGRI
Amendment 1873 #
Proposal for a regulation
Article 117 – paragraph 1
1. Without prejudice to cases where import or export licences are required in accordance with this Regulation, the import for release into free circulation or the export of one or more agricultural products into or from the Union may be made subject to the presentation of a licence, taking into account the need for licences for the management of the markets concerned and, in particular, for monitoring trade in the products concernedDoes not affect English version.
2012/07/25
Committee: AGRI
Amendment 1875 #
Proposal for a regulation
Article 117 – paragraph 2 a (new)
(2a) Products imported by the Union shall meet the same production and marketing requirements as those produced within the Union, and may only be awarded the relevant import licences if they fulfil those conditions.
2012/07/25
Committee: AGRI
Amendment 1876 #
Proposal for a regulation
Article 117 – paragraph 2 b (new)
(2b) When market prices in the Union do not cover Community production costs, the Union shall suspend import licences until the situation regarding those products is resolved.
2012/07/25
Committee: AGRI
Amendment 1884 #
Proposal for a regulation
Article 120 a (new)
Article 120a Import duties Save as otherwise provided for pursuant to this Regulation, the rates of import duty in the Common Customs Tariff shall apply to the products referred to in Article 1.
2012/07/25
Committee: AGRI
Amendment 1893 #
Proposal for a regulation
Article 122 – paragraph 1 a (new)
(1a) Where the declared entry price of the consignment in question is higher than the flat-rate import value, increased by a margin set by the Commission which may not exceed the flat-rate value by more than 10%, the lodging of a security equal to the import duty determined on the basis of the flat-rate import value shall be required. The Commission shall calculate this value every working day in relation to each origin, product and period; the value shall be equal to the weighted average of the representative prices of those products in representative import markets in the Member States or, where applicable, in other markets, deducting from those prices a total amount of EUR 5/100 kg and the ad valorem customs duties. The interested party shall also provide information on the marketing and transportation conditions of the product by submitting copies of the documents attesting to delivery between operators and to the costs incurred between the import of the product and its sale. In all cases, the documents shall specify the variety or commercial type of the product in accordance with the provisions on presentation and labelling referred to in the applicable Community marketing rules, the commercial category of the products and their weight.
2012/07/25
Committee: AGRI
Amendment 1895 #
Proposal for a regulation
Article 122 – paragraph 1 b (new)
(1b) The customs value of imported perishable goods for which the application of the Common Customs Tariff duty rate depends on the entry price of the product batch imported in consignment may be determined directly in accordance with point (c) of Article 30(2) of the Customs Code and shall be equal to the flat-rate import value.
2012/07/25
Committee: AGRI
Amendment 1897 #
Proposal for a regulation
Article 122 – paragraph 2
2. For the purposes of application of Article 248 of CCIP, the checks to be carried out by the customs authorities to determine whether a security should be lodged shall include a check of the customs value against the unit value for the products concerned as referred to in point (c) of Article 30(2) of the Customs Code.deleted
2012/07/25
Committee: AGRI
Amendment 1899 #
Proposal for a regulation
Article 122 – paragraph 3
3. Taking into account the need to ensure the efficiency of the system, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide that the checks carried out by the customs authorities referred to in paragraph 2 of this Article shall, in addition to, or as an alternative to, the check of the customs value against the unit value, include a check of the customs value against another value. The Commission shall, by means of implementing acts, adopt rules for the calculation of the other value referred to in the first subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2)deleted
2012/07/25
Committee: AGRI
Amendment 1912 #
Proposal for a regulation
Article 125 a (new)
Article 125a Specific provisions In the case of tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission may adopt delegated acts to establish the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their marketing on the markets of those Member States.
2012/07/25
Committee: AGRI
Amendment 2006 #
Proposal for a regulation
Article 144 – paragraph 1 – subparagraph 2
In particular, Article 101(1) of the Treaty shall not apply to agreements, decisions and practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 106 of this Regulation, or associations of producer organisations recognised under Article 107 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, and under which there is no obligation to charge identical prices, unless competition is thereby excluded or the objectives of Article 39 of the Treaty are jeopardised.
2012/07/25
Committee: AGRI
Amendment 2022 #
Proposal for a regulation
Article 145 – title
Agreements and concerted practices of recognised interbranch organisations, producer organisations and associations of producer organisations
2012/07/25
Committee: AGRI
Amendment 2024 #
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,or to producer organisations recognised under Article 106 or associations of producer organisations recognised under Article 107 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(2)6 of this Regulation.
2012/07/25
Committee: AGRI
Amendment 2029 #
Proposal for a regulation
Article 145 – paragraph 2 – point b
b) within two months of receipt of all the details requiredthe notification the Commission, by means of implementing acts, has not found that the agreements, decisions or concerted practices are incompatible with Union rules.
2012/07/25
Committee: AGRI
Amendment 2040 #
Proposal for a regulation
Article 149 – title
National payments for the sugar sector in Finland and other Member States
2012/07/25
Committee: AGRI
Amendment 2042 #
Proposal for a regulation
Article 149 – paragraph 1 a (new)
Member States with sugar beet production in areas south of the 44th parallel may also make national payments per hectare per marketing year to sugar beet growers.
2012/07/25
Committee: AGRI
Amendment 2061 #
Proposal for a regulation
Article 154 – paragraph 1 – subparagraph 3
Such measures may to the extent and for the time necessary extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities or periods as necessary, or provide specific support for producers to mitigate the effects of serious market disturbance.
2012/07/25
Committee: AGRI
Amendment 2062 #
Proposal for a regulation
Article 154 – paragraph 1 – subparagraph 3 a (new)
In the case of the fruit and vegetables sector specifically, the Commission shall activate a withdrawal mechanism when a series of conditions, listed in the first subparagraph, are recorded at Community level, in order to encourage synchronised market withdrawal between the various Member States.
2012/07/25
Committee: AGRI
Amendment 2063 #
Proposal for a regulation
Article 154 – paragraph 2
2. The measures referred to in paragraph 1 shall not apply to products listed in Section 2 of Part XXIV of Annex I.deleted
2012/07/25
Committee: AGRI
Amendment 2067 #
Proposal for a regulation
Article 154 a (new)
Article 154a Measures against market disturbance in the fruit and vegetables sector 1. Given the specific and perishable nature of fruit and vegetables, a mechanism shall be established to respond to serious market disturbances; these may be caused by significant falls in internal market prices resulting from health concerns and other causes that lead to sudden drops in demand. 2. This mechanism shall be exclusive to the product or products in question, of limited application in time, revisable, automatically activated and accessible to all producers in the sector. 3. It shall include the measures listed in points (a), (b) and (c) of Article 31(2) of this Regulation, but they shall be independent of the management of the operational funds used by recognised fruit and vegetables producer organisations. 4. The Union shall finance 100 % of the expenditure for the measures provided for in paragraphs 1 and 2 of this Article. 5. Serious crisis management operations shall be governed by the mechanisms established for crisis measurement measures under the framework of the operational programmes. Those affected who are not members of a producer organisation shall conclude agreements for the purpose of coordinating crisis management operations, in which the producer organisation shall stipulate that 10 % of the support shall be set aside to cover management costs. 6. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 in order to apply the measures provided for in paragraphs 1 and 2 of this Article. 7. At the request of Member States, the Commission may, by means of implementing acts, adopt exceptional measures. The Commission shall ensure that the public is informed when such measures are introduced and is made aware of the products, areas and amount of support in question. In the case of free distribution, the amount of support shall be adjusted. The end of the crisis period shall also be determined, by means of an implementing act, once the case of serious market disturbance has ended. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
2012/07/25
Committee: AGRI
Amendment 2068 #
Proposal for a regulation
Article 155 – title
Measures concerning animal and plant pests and diseases and loss of consumer confidence due to public, animal or plant health risks
2012/07/25
Committee: AGRI
Amendment 2072 #
Proposal for a regulation
Article 155 – paragraph 1 – subparagraph 1 – introductory part
The Commission mayshall, by means of implementing acts, adopt exceptional support measures:
2012/07/25
Committee: AGRI
Amendment 2075 #
Proposal for a regulation
Article 155 – paragraph 1 – subparagraph 1 – point a
a) for the affected market in order to take account of restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of pests and diseases in animals and plants, and
2012/07/25
Committee: AGRI
Amendment 2078 #
Proposal for a regulation
Article 155 – paragraph 2 – subparagraph 1 – introductory part
The measures provided for in paragraph 1 shall apply to all agricultural products listed in Annex I, with the exception of measures taken to combat the spread of diseases in animals, which shall apply to the following sectors:
2012/07/25
Committee: AGRI
Amendment 2083 #
Proposal for a regulation
Article 155 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) rabbitmeat.
2012/07/25
Committee: AGRI
Amendment 2084 #
Proposal for a regulation
Article 155 – paragraph 2 – subparagraph 2
The measures provided for in point (b) of paragraph 1 related to a loss in consumer confidence due to public or plant health risks shall also apply to all other agricultural products except those listed in Section 2 of Part XXIV of Annex I.deleted
2012/07/25
Committee: AGRI
Amendment 2086 #
Proposal for a regulation
Article 155 – paragraph 4
4. The measures provided for in point (a) of paragraph 1 may be taken only if the Member State concerned has taken relevant phytosanitary or health and veterinary measures quickly to stamp out the pest or disease, and only to the extent and for the duration strictly necessary to support the market concerned.
2012/07/25
Committee: AGRI
Amendment 2088 #
Proposal for a regulation
Article 155 – paragraph 5 – subparagraph 1
The Union shall provide part-financing equivalent to 50 % and 100 %, respectively, of the expenditure borne by Member States for the measures provided for in points (a) and (b) of paragraph 1.
2012/07/25
Committee: AGRI
Amendment 2114 #
Proposal for a regulation
Article 158 – paragraph 1 – point a a (new)
(aa) by 31 December 2016 at the latest, evaluating the aid referred to in Article 15a, together with any appropriate proposals to convert it into one of the types of aid referred to in Article 16.
2012/07/25
Committee: AGRI
Amendment 2119 #
Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)
(ba) by 31 December 2015 at the latest on the development of the market situation in the beef and veal, sheepmeat and goatmeat, pigmeat, poultrymeat and rabbit meat, rice, dried fodder, raw tobacco, fruit and vegetable, and olive oil and wine sectors, and, in particular, on the possible application to those sectors of the measures referred to in Articles 104 to 107 of this Regulation.
2012/07/25
Committee: AGRI
Amendment 2128 #
Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)
(ba) by 31 December 2018 at the latest, on the development of the market situation in the sugar sector, in particular on the possible application of the measures referred to in Articles 104 to 107 following the end of the production quotas system.
2012/07/25
Committee: AGRI
Amendment 2142 #
Proposal for a regulation
Article 159 – paragraph 2 – point c a (new)
(ca) sections 3 and 4 of Chapter II of Title I of Part II.
2012/07/25
Committee: AGRI
Amendment 2152 #
Proposal for a regulation
Article 163 – paragraph 1 – subparagraph 2 – introductory part
However, the following provisions of Regulation (EUC) No [COM(2010)799]1234/2007 shall continue to apply:
2012/07/25
Committee: AGRI
Amendment 2186 #
Proposal for a regulation
Annex II – Part VIII – point 1 – introductory part
1. ‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature. Honey consists essentially of different sugars, predominantly fructose and glucose, as well as other substances such as organic acids, enzymes and solid particles derived from honey collection, including pollen, while none of these substances and particles can be considered an ingredient of honey.
2012/07/25
Committee: AGRI
Amendment 2189 #
Proposal for a regulation
Annex II – Part VIII – point 2
2. ‘Apiculture products’ means honey, beeswax, royal jelly, propolis orand pollen.
2012/07/25
Committee: AGRI
Amendment 2193 #
Proposal for a regulation
Annex II – Part VIII – point 2 a (new)
2a. ‘Beeswax’ means lipid natural matter prepared from secretions of the wax glands of Apis mellifera worker bees and used in manufacturing honeycombs.
2012/07/25
Committee: AGRI
Amendment 2194 #
Proposal for a regulation
Annex II – Part VIII – point 2 b (new)
2b. ‘Royal jelly’ means the natural substance secreted by the hypopharyngeal and mandibular glands of Apis mellifera nurse worker bees, designed to feed the larvae and the queen and to which no other substance may be added.
2012/07/25
Committee: AGRI
Amendment 2195 #
Proposal for a regulation
Annex II – Part VIII – point 2 c (new)
2c. ‘Propolis’ means the substance collected from certain plants and subsequently transformed by Apis mellifera worker bees, to which their own secretions (mainly wax and salivary secretions) are added in order to use it as mortar.
2012/07/25
Committee: AGRI
Amendment 2196 #
Proposal for a regulation
Annex II – Part VIII – point 2 d (new)
2d. ‘Pollen’ means a compact substance, more or less spherical, resulting from the agglutination of the male gametes of flowers by means of nectar, salivary secretions and the mechanical action of the third pair of legs of Apis mellifera worker bees, which is collected and transformed in the form of balls of pollen in order to be deposited and subsequently stored in the hive, and to which no other substance may be added.
2012/07/25
Committee: AGRI
Amendment 2197 #
Proposal for a regulation
Annex II – Part VIII – point 2 e (new)
2e. ‘Honeycomb pollen or bee bread’ means balls of pollen scattered by bees in honeycomb cells which have undergone certain natural transformations through the presence of enzymes and micro- organisms; this pollen can be covered with honey.
2012/07/25
Committee: AGRI