BETA

81 Amendments of Santiago FISAS AYXELÀ related to 2011/0281(COD)

Amendment 646 #
Proposal for a regulation
Part 2 – title 1 – chapter 1 – title
Public intervention and, aid for private storage and private supply management
2012/07/19
Committee: AGRI
Amendment 803 #
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 812 #
Proposal for a regulation
Article 17 – paragraph 1
1. The Commission shall be empowerobliged to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account average recorded Union market prices and the reference prices for the products concerned or the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States. The Commission shall draw up annual benchmarks taking account of the above factors, on the basis of which private storage shall be activated.
2012/07/20
Committee: AGRI
Amendment 844 #
Proposal for a regulation
Article 17 a (new)
Article 17a Private Supply Management 1. The Commission shall establish, by means of delegated acts pursuant to Article 160, a Private Supply Management system. 2. The relevant associations of producer organisations that are representative of the market, within the meaning of Article 110, in one of the sectors listed in Article 1(2) and recognised under Article 107 may activate the system by 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. 3. The Commission shall be responsible for activating the system and ensuring that it is in line with the goals of the CAP and does not distort the market. 4. The Commission shall lay down, by means of delegated acts pursuant to Article 160, rules governing the operation of the Private Supply Management system, in particular: a) general rules governing its activation and the way it operates; b) requirements to be met by recognised associations of producer organisations for the system to operate; c) requirements governing the definition of a relevant market made by Member States; d) general rules governing the funding of the Private Supply Management system.
2012/07/20
Committee: AGRI
Amendment 847 #
Proposal for a regulation
Article 17 b (new)
Article 17b Food aid The Commission shall establish mechanisms to ensure that products covered under the Private Supply Management system are used as food aid by distributing them free of charge to charitable organisations and foundations active both within and outside the European Union.
2012/07/20
Committee: AGRI
Amendment 848 #
Proposal for a regulation
Article 17 c (new)
Article 17c Strategic Cereal Reserves The Commission shall establish, by means of delegated acts pursuant to Article 160, a Strategic Reserve system in the cereals sector which shall store cereals when the average price on the representative markets falls below a specific threshold to be set by the Commission and shall release these stocks when the average price exceeds the threshold.
2012/07/20
Committee: AGRI
Amendment 849 #
Proposal for a regulation
Article 17 d (new)
Article 17d Sale at a loss Prohibiting sale at a loss 1. With regard to trade in, or processing of, products listed in Annex I TFEU, with the exception of the fishery and aquaculture products listed in Annex I to Regulation (EU) No … [COM(2011)416] on the common organisation of the markets in fishery and aquaculture products, such products may not be placed on the market or sold at a loss. 2. For the purposes of the previous paragraph, trade or processing carried out by farmers, both direct sales to consumers and the rest of the food chain – including deliveries to cooperatives and producer organisations of which they are members – shall not be considered to be trade or processing. 3. For the purposes of the previous paragraph, sale at a loss shall be considered to take place when a product is offered for sale at a price lower than its purchase price, as per the invoice, after pro rata deduction of any applicable discounts, and after the addition of fixed costs and effective variable costs such as storage, preparation, packaging, processing and marketing, including those incurred by the retailer himself, and any indirect taxes levied on the transaction. 4. The costs to be deducted from the price referred to in the previous paragraph shall not include salaries or bonuses of any kind that entail payment for services rendered. 5. In no event may joint offers or gifts be used to circumvent the application of the provisions of this article. 6. Sale at a loss shall be considered to be an unfair commercial practice on the part of businesses. The Member States shall determine penalties and injunctions and adopt precautionary measures to address breaches of the provisions of this article.
2012/07/20
Committee: AGRI
Amendment 993 #
Proposal for a regulation
Part 2 – title 1 – chapter 2 – section 3 – title
Aid in the fruit and vegetables sectorto producer organisations
2012/07/20
Committee: AGRI
Amendment 995 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
1. Producer organisations in the fruit and vegetables sectorreferred to in Article 106 of this Regulation may set up an operational fund. The fund shall be financed by:
2012/07/20
Committee: AGRI
Amendment 996 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
a) financial contributions of members or, of the producer organisation itself or a combination thereof;
2012/07/20
Committee: AGRI
Amendment 999 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
1a. The Commission shall establish the conditions under which the producer organisations referred to in Article 106 of this Regulation may, where appropriate, set up operational funds and set out arrangements for financing them. It shall lay down specific rules to ensure that the amount of Community financial aid received by the association of producer organisations and by their partner producer organisations does not exceed the ceiling set in Article 32(2).
2012/07/20
Committee: AGRI
Amendment 1003 #
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 referred to in Article 106(c) or of the following objectives:
2012/07/20
Committee: AGRI
Amendment 1008 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
b) improvement of product quality, for both fresh and processed products;
2012/07/20
Committee: AGRI
Amendment 1010 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point c
c) boosting products’ commercial value, including by means of processing, where appropriate;
2012/07/20
Committee: AGRI
Amendment 1019 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)
The operational programmes may be presented and managed, wholly or in part, directly or by delegation, by the associations of producer organisations, under conditions to be established by the Commission.
2012/07/20
Committee: AGRI
Amendment 1022 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – introductory part
1. Crisis prevention and management referred to in point (f) of paragraph 1 shall be related to avoiding and dealing with market crises oin the fruit and vegetable marketvarious sectors and shall cover in this context:
2012/07/20
Committee: AGRI
Amendment 1027 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b
b) green harvesting or non-harvesting of fruit and vegetables;
2012/07/20
Committee: AGRI
Amendment 1029 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c
c) promotion and communication, whether preventive or during a period of crisis;
2012/07/20
Committee: AGRI
Amendment 1033 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point d
d) training measures, or measures for the estimation, forecasting and monitoring of marketing years;
2012/07/20
Committee: AGRI
Amendment 1036 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point e
e) harvest insurance, or any other kind of insurance under conditions to be set by the Commission;
2012/07/20
Committee: AGRI
Amendment 1041 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point f
f) support for the administrative costs of setting up mutual funds. Contributions to mutual funds shall also be eligible, under conditions to be set by the Commission.
2012/07/20
Committee: AGRI
Amendment 1044 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2
Crisis prevention and management measures, including any repayment of capital and interest as referred to in the third subparagraph, shall not comprise more than one-third of the expenditure under the operational programme.deleted
2012/07/20
Committee: AGRI
Amendment 1046 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 3
Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 32. Any specific action under crisis prevention and management shall be financed either by such loans, or directly, but not both. The maximum amounts of aid for withdrawals, green harvesting and non-harvesting shall be set by the Commission with due account for the production costs of each product, and shall be updated periodically.
2012/07/20
Committee: AGRI
Amendment 1066 #
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
4. The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of market withdrawals of fruit and vegetables which shall not exceed 510 % of the volume of marketed production of each producer organisation and which are disposed of by way of:
2012/07/20
Committee: AGRI
Amendment 1067 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1 (new)
In respect of fruit and vegetables withdrawn from the market for distribution free of charge to the charitable organisations and foundations referred to in this article, Union financial assistance will cover payment for these products, transport costs arising from such free distribution, as well as the cost of either packing or processing of such fruit and vegetables carried out for the purposes of ease of distribution.
2012/07/20
Committee: AGRI
Amendment 1071 #
Proposal for a regulation
Article 34 a (new)
Article 34a Approval of operational programmes 1. Draft operational programmes shall be submitted to the competent national authorities, who shall approve or reject them or request their modification in line with the provisions of this subsection. 2. Producer organisations shall inform the Member State of the estimated amount of the operational fund for each year and shall submit appropriate reasons therefor based on operational programme estimates, expenditure for the current year and possibly expenditure for previous years and, if necessary, on estimated production quantities for the next year. 3. The Member State shall notify the producer organisation or association of producer organisations of the estimated amount of Union financial assistance in line with the limits set out in Article 103(d). 4. Union financial assistance payments shall be made on the basis of expenditure incurred for the schemes covered by the operational programme. Advances may be made in respect of the same schemes subject to the provision of a guarantee or security. 5. The producer organisation shall notify the Member State of the final amount of expenditure for the previous year, accompanied by the 24 necessary supporting documents, so that it may receive the balance of the Union financial assistance. 6. Operational programmes and their financing by producers and producer organisations on the one hand and by Union funds on the other shall have a minimum duration of three and a maximum duration of five years.
2012/07/20
Committee: AGRI
Amendment 1221 #
Proposal for a regulation
Article 54 a (new)
Article 54a Public stocks Public stocks for food security purposes may be from any of the sectors listed under Article 1(2.)
2012/07/23
Committee: AGRI
Amendment 1222 #
Proposal for a regulation
Article 54 b (new)
Article 54c General principles on public stocks Public stocks and the EU food security programme shall be based on the following conditions: (a) The volume and accumulation of such stocks shall correspond to predetermined targets related solely to food security. (b) The process of stock accumulation and disposal shall be transparent. (c) Purchases shall be made at current market prices. (d) Products from food security stocks shall be made at no less than the current market price for the product and quality in question.
2012/07/23
Committee: AGRI
Amendment 1223 #
Proposal for a regulation
Article 54 c (new)
Article 54c Delegated powers In view of the need to guarantee the accumulation and holding of stocks of products which form an integral part of the EU's food security programme, the Commission shall be empowered to adopt delegated acts in accordance with Article 160.
2012/07/23
Committee: AGRI
Amendment 1241 #
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Without prejudice to any specific provisions which may be adopted by the Commission, Member States shall check whether those products conform to those standards and shall apply penalties as appropriate.
2012/07/23
Committee: AGRI
Amendment 1330 #
Proposal for a regulation
Article 68 a (new)
Article 68a Compulsory indication 1. Indication of the country of origin or place of provenance on the labelling of or documentation accompanying the food product shall be compulsory. 2. Where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient: (a) the country of origin or place of provenance of the primary ingredient in question shall be given; (b) or the country of origin or place of provenance of the primary ingredient shall be indicated as being different to that of the food.
2012/07/23
Committee: AGRI
Amendment 1499 #
Proposal for a regulation
Article 102 b (new)
Article 103b Prohibition on planting new vines 1. In general, the planting of vines of wine grape varieties classifiable according to Article 24(1) of Council Regulation (EC) 479/2008 of 29 April 2008 shall be prohibited. 2. The grafting-on of the wine grape varieties referred to in the aforegoing paragraph 1, to varieties other than wine grape varieties referred to in the article cited shall also be prohibited. 3. Notwithstanding paragraphs 1 and 2, plantings and grafting-on as referred to in those paragraphs shall be permitted if covered by: a) a new planting right granted pursuant to Article 103c; b) a replanting right granted pursuant to Article 103d; c) a planting right granted from a reserve as provided for in Articles 103e and 103f. 4. The planting rights referred to in paragraph 3 shall be granted in hectares. 5. Articles 103c to 103f shall apply at least until 31 December 2020. 6. Member States may decide to extend in their territory the date fixed in the previous paragraph. In such case the rules governing the planting rights regime laid down in this Article shall apply accordingly in the given Member State.
2012/07/24
Committee: AGRI
Amendment 1501 #
Proposal for a regulation
Article 103 c (new)
Article 103c New planting rights 1. Without prejudice to the previous Article, Member States may grant new planting rights to producers in respect of areas: a) intended for new plantings carried out under measures for land consolidation or measures concerning compulsory purchases in the public interest adopted under national law; b) intended for experimental purposes; c) intended for graft nurseries; or d) whose wine or vine products are intended solely for consumption by the wine-grower’s household. 2. New planting rights granted shall be: a) exercised by the producer to whom they are granted; b) used before the end of the second wine year after the one in which they were granted; c) used for the purposes for which they were granted.
2012/07/24
Committee: AGRI
Amendment 1503 #
Proposal for a regulation
Article 103 d (new)
Article 103d Replanting rights 1. Member States shall grant replanting rights to producers who have grubbed up a legally recognised and registered area planted with vines. However, grubbed-up areas for which a grubbing-up premium has been granted shall not generate replanting rights. 2. Member States may grant replanting rights to producers who undertake to grub up an area planted with vines. In such cases, the grubbing-up of the pledged area shall be carried out at the latest at the end of the third year after which new vines for which the replanting rights had been granted have been planted. 3. Replanting rights granted shall correspond to the equivalent of the grubbed-up area in terms of pure crop. 4. The replanting rights shall be exercised on the holding in respect of which they were granted. Member States may further stipulate that such replanting rights may be exercised only on the area where the grubbing-up was carried out. 5. By way of derogation from paragraph 4, Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State in the following cases: a) part of the holding concerned is transferred to that other holding; b) areas on that other holding are intended for: i) the production of wines with a protected designation of origin or a protected geographical indication, or ii) the cultivation of graft nurseries. Member States shall ensure that the application of the derogation provided for in the first subparagraph does not lead to an overall increase in production potential on their territory, in particular when transfers are made from non- irrigated to irrigated areas. 6. Paragraphs 1 to 5 shall apply mutatis mutandis to rights similar to replanting rights acquired under prior Community or national legislation. 7. Replanting rights granted under Article 4(5) of Regulation (EC) No 1493/1999 shall be used within the periods provided for therein.
2012/07/24
Committee: AGRI
Amendment 1505 #
Proposal for a regulation
Article 103 e (new)
Article 103e National and regional reserves of planting rights 1. In order to improve management of the production potential, Member States shall create a national reserve or regional reserves of planting rights. 2. Member States which have established national or regional reserves of planting rights under Regulation (EC) No 1493/1999 may maintain those reserves as long as they apply the planting right regime in accordance with this Subsection. 3. The following planting rights shall be allocated to national or regional reserves if they are not used within the prescribed period: a) new planting rights; b) replanting rights; c) planting rights granted from the reserve. 4. Producers may transfer replanting rights to national or regional reserves. The conditions of such transfer, where necessary in return for a payment from national funds, shall be determined by the Member States taking into account the legitimate interests of the parties. 5. By way of derogation from paragraph 1, Member States may decide not to implement a reserve system provided that they can prove that an effective alternative system for managing planting rights exists throughout their territory. The alternative system may, where necessary, derogate from the relevant provisions of this Subsection.
2012/07/24
Committee: AGRI
Amendment 1507 #
Proposal for a regulation
Article 103 f (new)
Article 103f Granting planting rights from a reserve 1. Member States may grant rights out of a reserve: a) without payment, to producers who are under 40 years of age, who possess adequate occupational skill and competence, who are setting up for the first time and who are established as the head of the holding; b) against payment into national or, if appropriate, regional funds, to producers who intend to use the rights to plant vineyards the production of which has an assured outlet. Member States shall define the criteria for setting the amounts of the payment referred to in point c) which may vary depending on the final intended product of the vineyards and the remaining lifetime of the rights being transferred. 2. Where planting rights granted from a reserve are used, Member States shall ensure that: a) the location, the varieties and the cultivation techniques used guarantee that the subsequent production is adapted to market demand; b) the yields concerned are typical of the average in the region, in particular where planting rights originating in non- irrigated areas are used in irrigated areas. 3. Planting rights granted from a reserve which are not used before the end of the second wine year after the one in which they were granted shall be forfeited and re-allocated to the reserve. 4. Planting rights in a reserve which are not disbursed before the end of the fifth wine year following their allocation to the reserve shall be extinguished. 5. If regional reserves exist in a Member State, the Member State may lay down rules permitting the transfer of planting rights between regional reserves. If both regional and national reserves exist in a Member State, the Member State may also allow for transfers, which may be subject to a reduction coefficient, between those reserves.
2012/07/24
Committee: AGRI
Amendment 1509 #
Proposal for a regulation
Article 103 g (new)
Article 103g De minimis This Subsection shall not apply in Member States where the Community planting rights regime did not apply by 31 December 2007.
2012/07/24
Committee: AGRI
Amendment 1510 #
Proposal for a regulation
Article 103 h (new)
Article 103h Stricter national rules Member States may adopt stricter national rules in respect of the award of new planting rights or replanting rights. They may also require that the respective applications and the relevant information to be supplied therein be supplemented by additional information necessary for monitoring the development of production potential.
2012/07/24
Committee: AGRI
Amendment 1512 #
Proposal for a regulation
Article 103 j (new)
Article 103j Implementing measures The measures necessary for the implementation of this Subsection shall be adopted in accordance with the procedure referred to in Article 162 of this Regulation. Those measures may include any of the following: a) provisions to avoid excessive administrative charges when applying said provisions; b) the co-existence of vines pursuant to Article 103f(2); c) the application of the reduction coefficient referred to in Article 103f(5).
2012/07/24
Committee: AGRI
Amendment 1520 #
Proposal for a regulation
Article 103 l (new)
Article 103l National quotas 1. The national quotas for the production of milk and other milk products marketed during seven consecutive periods of twelve months commencing on 1 April 2014 (hereinafter referred to as ‘twelve-month periods’) are fixed in Annex XX. 2. The quotas referred to in paragraph 1 shall be divided between producers in accordance with Article 101b, 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 XX shall be fixed without prejudice to possible review in the light of the general market situation and particular conditions existing in certain Member States.
2012/07/24
Committee: AGRI
Amendment 1523 #
Proposal for a regulation
Article 103 m (new)
Article 103m Individual quotas 1. The producers' individual quota or quotas at 1 April 2014 shall be equal to their individual reference quantity or quantities at 31 March 2014 without prejudice to transfers, sales and conversions of quota that take effect on 1 April 2014. 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. 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 101d, taking account of any reductions made for allocation to the national reserve as provided for in Article 101f.
2012/07/24
Committee: AGRI
Amendment 1526 #
Proposal for a regulation
Article 103 n (new)
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 101f on the basis of objective criteria to be notified to the Commission.
2012/07/24
Committee: AGRI
Amendment 1529 #
Proposal for a regulation
Article 103 o (new)
Article 103o Management of quotas 1. The Commission shall adjust for each Member State and for each period, before the end of that period, 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, 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.
2012/07/24
Committee: AGRI
Amendment 1532 #
Proposal for a regulation
Article 103 p (new)
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 2014 in accordance with Article 101b(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 101b(2) and where quotas are acquired, transferred or temporarily transferred in accordance with rules to be established by the Commission. 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. 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 [X].
2012/07/24
Committee: AGRI
Amendment 1535 #
Proposal for a regulation
Article 103 q (new)
Article 103q National reserve 1. Each Member State shall set up a national reserve as part of the national quotas fixed in Annex ..., in particular with a view to making the allocations provided for in Article 101c. The national reserve shall be replenished, as appropriate, by withdrawing some quantities as provided for in Article 101g, retaining part of transfers as provided for in Article 101k, 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.
2012/07/24
Committee: AGRI
Amendment 1538 #
Proposal for a regulation
Article 103 r (new)
Article 103r Cases of inactivity 1. When a natural or legal person holding individual quotas stops producing and marketing milk during a twelve-month period, the corresponding quantities shall revert to the national reserve no later than 1 April of the following calendar year, unless that person becomes a producer once again before 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.
2012/07/24
Committee: AGRI
Amendment 1541 #
Proposal for a regulation
Article 103 s (new)
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 101g(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.
2012/07/24
Committee: AGRI
Amendment 1544 #
Proposal for a regulation
Article 103 t (new)
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.
2012/07/24
Committee: AGRI
Amendment 1548 #
Proposal for a regulation
Article 103 u (new)
Article 103u Special transfer measures 1. With a view to successfully restructuring milk production or improving the environment, Member States may, in accordance with detailed rules which they shall lay down, taking 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.
2012/07/24
Committee: AGRI
Amendment 1551 #
Proposal for a regulation
Article 103 v (new)
Article 103v Retention of quotas 1. In the case of transfers as referred to in Articles 101i and 101j, 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 101i and 101j 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 attributed solely to producers, whether and under which conditions all or part of the transferred quota shall revert to the national reserve.
2012/07/25
Committee: AGRI
Amendment 1554 #
Proposal for a regulation
Article 103 w (new)
Article 103w Aid for the acquisition of quotas No financial assistance linked directly to the acquisition of quotas may be granted by any public authority for the sale, transfer or allocation of quotas under this Section.
2012/07/25
Committee: AGRI
Amendment 1557 #
Proposal for a regulation
Article 103 x (new)
Article 103x Surplus levy 1. A surplus levy shall be payable on milk and other milk products marketed in excess of the established 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 it, within the limit of 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, the Commission shall, after consultation of the Committee on the Agricultural Funds, deduct a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Article ... of Regulation (EC) No ... on the financing of the common agricultural policy. Before taking its decision, the Commission shall warn the Member State concerned, which shall make its position known within one week. Article ... of Council Regulation (EC) No ... on budgetary discipline shall not apply. 4. The Commission shall determine the arrangements for the implementation of this Article.
2012/07/25
Committee: AGRI
Amendment 1560 #
Proposal for a regulation
Article 103 y (new)
Article 103y Contribution of producers to the surplus levy due The surplus levy shall be entirely allocated, in accordance with Articles 101o and 101r, among the producers who have contributed to each of the overruns of the national quotas referred to in Article 101a, paragraph 2. Without prejudice to Articles 101o, paragraph 3, and 101r, paragraph 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 101d, 101e and 101o, for the mere fact of having overrun their available quotas.
2012/07/25
Committee: AGRI
Amendment 1563 #
Proposal for a regulation
Article 103 z (new)
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 by applying coefficients to be fixed by the Commission and with respect to the conditions determined by the latter, when there is a difference between the real fat content and the reference fat content. At national level, the surplus levy shall be calculated on the basis of the sum of the deliveries, adjusted in accordance with the first subparagraph. 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.
2012/07/25
Committee: AGRI
Amendment 1566 #
Proposal for a regulation
Article 103 aa (new)
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 the date and following the procedure to be laid down by the Commission, 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.
2012/07/25
Committee: AGRI
Amendment 1569 #
Proposal for a regulation
Article 103 ab (new)
Article 103ab Approval Purchaser status shall be subject to prior approval by the Member State in accordance with criteria to be laid by the Commission. Conditions to be fulfilled and information to be provided by producers in the case of direct sales shall be established by the Commission.
2012/07/25
Committee: AGRI
Amendment 1572 #
Proposal for a regulation
Article 103 ac (new)
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. 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 how and when the surplus levy must be paid to the Member State's competent body.
2012/07/25
Committee: AGRI
Amendment 1575 #
Proposal for a regulation
Article 103 ad (new)
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 paragraph 1, point (a) of Article 101j, 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, or — 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 101p, 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 shall be paid to the Member State.
2012/07/25
Committee: AGRI
Amendment 1578 #
Proposal for a regulation
Part 2 – title 2 – chapter 2 – section 3
[...]deleted
2012/07/25
Committee: AGRI
Amendment 1587 #
2012/07/25
Committee: AGRI
Amendment 1610 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – introductory part
(c) pursue a specific aim, which may include at least one of the following objectives as specific aims:
2012/07/25
Committee: AGRI
Amendment 1617 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point iii
(iii) optimising production costs and stabilisalso perhaps pursuing one or more of the specific aims laid down ing producer pricesoint (c) of Article 106a;
2012/07/25
Committee: AGRI
Amendment 1623 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point iv
(iv) carrying out research into sustainable production methods and market developments;deleted
2012/07/25
Committee: AGRI
Amendment 1625 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point v
(v) promoting and providing technical assistance for the use of environmentally sound cultivation practices and production techniques;deleted
2012/07/25
Committee: AGRI
Amendment 1636 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vi
(vi) the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity; andeleted
2012/07/25
Committee: AGRI
Amendment 1638 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii
(vii) contributing to a sustainable use of natural resources and to climate change mitigation;deleted
2012/07/25
Committee: AGRI
Amendment 1662 #
Proposal for a regulation
Article 106 – paragraph 1 – point d a (new)
(da) have the necessary technical means to carry out their activities.
2012/07/25
Committee: AGRI
Amendment 1675 #
Proposal for a regulation
Article 106 a (new)
Article 106a Producer associations Member States shall recognise, on request, producer associations, which: (a) are constituted by producers in any of the sectors listed in Article 1(2); (b) are formed on the initiative of the producers; (c) pursue a specific aim, which may include at least one of the following objectives: (i) optimising production costs and stabilising producer prices; (ii) carrying out research into sustainable production methods and market developments; (iii) promoting and providing technical assistance for the use of environmentally sound cultivation practices and production techniques; (iv) managing by-products and waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity; and (v) contributing to a sustainable use of natural resources and to climate change mitigation; (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.
2012/07/25
Committee: AGRI
Amendment 1692 #
Proposal for a regulation
Article 107 – paragraph 2 a (new)
Associations of producer organisations shall have the right to apply private supply management pursuant to Article 17a.
2012/07/25
Committee: AGRI
Amendment 1694 #
Proposal for a regulation
Article 107 – paragraph 2 b (new)
Associations of producer organisations may carry out any of the activities or functions of producer organisations. They may manage their own operational programmes and, where necessary, their own operational funds. These may be full or partial operational programmes and shall be governed by implementing rules to be determined by the Commission.
2012/07/25
Committee: AGRI
Amendment 1836 #
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 sectorsall sectors in Article 1(2), on measures:
2012/07/25
Committee: AGRI
Amendment 1850 #
Proposal for a regulation
Article 113 a (new)
Article 113a Contractual Relations 1. If a Member State decides that deliveries of a product by a farmer to a processor must be covered by a written contract between the parties, the contract shall fulfil the conditions laid down in paragraph 2. In the case described in the first paragraph, the Member State concerned shall also decide that if the delivery of the product is made through one or more collectors, each stage of the delivery must be covered by that contract between the parties. To this end, a 'collector' means an undertaking which transports a product from a farmer or another collector to a processor or another collector, provided that the ownership of the product is transferred in each case. 2. The contract shall: a) be concluded 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, and/or – vary only according to factors which are set out in the contract, in particular the development of the market situation based on market indicators, the volume delivered and the quality or composition of the product delivered; ii) the volume which may and/or shall be delivered and the timing of deliveries, and (iii) the duration of the contract, which may include an indefinite duration with termination clauses. 3. Notwithstanding the provisions of paragraph 1, a contract shall not be required where the product is delivered by a farmer to a processor where the processor is a cooperative of which the farmer is a member if its statutes contain provisions having similar effects as those set out in points (a), (b) and (c) of paragraph 2. 4. All elements of contracts for the delivery of a product concluded by farmers, collectors or processors, including those elements referred to in paragraph 2(c), shall be freely negotiated between the parties. 5. In order to guarantee a uniform application of this Article, the Commission may, by means of implementing acts, adopt necessary measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
2012/07/25
Committee: AGRI
Amendment 1852 #
Proposal for a regulation
Article 113 b (new)
Article 113b Contractual negotiations 1. Contracts for the delivery of a product by a farmer to a processor or a collector within the meaning of the second subparagraph of Article 100(a)(1) may be negotiated by a producer organisation which is recognised under Article 106, on behalf of its farmer members for part or all of their joint production. 2. The negotiation by the producer organisation may take place: a) whether or not there is a transfer of ownership of the product by the farmers to the producer organisation; b) whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members; c) provided that the total volume of the product covered by such negotiations by a particular producer organisation does not exceed: i) 3.5 % of total Union production, and ii) 33 % of the total national production of any particular Member State covered by such negotiations by that producer organisation, and (iii) 33 % of the total combined national production of all the Member States covered by such negotiations by that producer organisation, d) provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; e) provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates. 3. For the purposes of this Article, references to producer organisations shall also cover associations of such producer organisations. Taking into account the need to ensure that these associations are appropriately monitored, the Commission shall be empowered to adopt delegated acts in accordance with the procedure referred to in Article 160 concerning the conditions for recognition of such associations. 4. Notwithstanding the provisions of paragraph 2(c)(ii) and (iii), even where the threshold of 33 % is not exceeded, the competition authority referred to in the second paragraph may decide in an individual case that the negotiation by the producer organisation may not take place if it considers that this is necessary in order to prevent competition being excluded or in order to avoid serious prejudice to SME processors of the product in question in its territory. The decision referred to in the first subparagraph of this paragraph shall be taken by the Commission, by way of an implementing act, adopted in accordance with the advisory procedure referred to in Article 14 of Regulation (EC) No 1/2003 for negotiations covering the production of more than one Member State. In other cases it shall be taken by the national competition authority of the Member State the production of which is covered by the negotiations. The decisions referred to in the first and second subparagraphs of this paragraph shall not apply earlier than the date of their notification to the undertakings concerned. 5. For the purposes of this Article: a) a 'national competition authority' shall be the authority referred to in Article 5 of Regulation (EC) No 1/2003; b) a 'SME' shall mean a micro, small or medium-sized enterprise within the meaning of Commission Recommendation 2003/361/EC.
2012/07/25
Committee: AGRI
Amendment 1901 #
Proposal for a regulation
Article 122 – paragraph 3 – subparagraph 1
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. In no circumstances may this power result in a deductive method that minimises or prevents the application of the additional duty.
2012/07/25
Committee: AGRI
Amendment 1903 #
Proposal for a regulation
Article 122 – paragraph 3 – subparagraph 2
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, and to ensure the traceability of each product consignment imported. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
2012/07/25
Committee: AGRI
Amendment 2019 #
Proposal for a regulation
Article 144 – paragraph 3 a (new)
(3a) Notwithstanding the provisions of the previous paragraphs, the Commission shall coordinate action by the various national competition authorities in order to ensure that the rules of competition law are applied and interpreted in the most uniform way possible in sectors covered by this Regulation. It may therefore publish best practice guidelines to assist the sector in question and the various authorities.
2012/07/25
Committee: AGRI
Amendment 2051 #
Proposal for a regulation
Article 154 – paragraph 1 – subparagraph 1
Taking into account the need to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market, including those caused by an increase in production costs, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to take the necessary measures for the sector concerned, respecting any obligations resulting from agreements concluded in accordance with Article 218 of the Treaty.
2012/07/25
Committee: AGRI
Amendment 2138 #
Proposal for a regulation
Article 159 – paragraph 1 a (new)
The Commission shall define the conditions under which it shall be established that there is a ‘severe market crisis’ and which shall lead to the adoption of exceptional measures in addition to the usual public and private market management measures and the automatic availability of funds from the crisis reserve.
2012/07/25
Committee: AGRI
Amendment 2145 #
Proposal for a regulation
Article 159 – paragraph 2 – point c a (new)
(ca) Section 3 of Chapter II of Title I of Part II.
2012/07/25
Committee: AGRI
Amendment 2162 #
Proposal for a regulation
Article 163 – paragraph 1 – subparagraph 2 – point b
(b) the provisions related to the system of milk production limitation set out in Chapter III of Title I of Part II, until 31 March 2015;deleted
2012/07/25
Committee: AGRI
Amendment 2164 #
Proposal for a regulation
Article 163 – paragraph 1 – subparagraph 2 – point c
c) as regards the wine sector: i) Articles 82 to 87 as regards areas referred to in Article 82(2) which have not yet been grubbed up and as regards areas referred to in Article 83(1) which have not been regularised until such areas are grubbed up or regularised, ii) the transitional planting right regime set out in Subsection II of Section V of Chapter III of Title I of Part II, until 31 December 2015, or, to the extent necessary in order to give effect to any decision taken by Member States under Article 89(5), until 31 December 2018;deleted
2012/07/25
Committee: AGRI