BETA

117 Amendments of Britta REIMERS related to 2011/0281(COD)

Amendment 98 #
Proposal for a regulation
Article 106
Member States shall recognise, on request, producer organisations, which: (a) are constituted by producers in any of theArticle 106 Article 106 Producer organisations Producer organisations Member States shall recognise, on request, producer organisations in the fruit and vegetables sector, and may recognise, on request, producer organisations in all other sectors, which: (a) are constituted and controlled by farmers in a specific sectors listed in Article 1(2); (b) are formed on the initiative of the producfarmers; (c) pursue a specific aim which may include at least one of the following objectives: (i) ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity; (ii) concentration of supply and the placing on the market of the products produced by its members; (iii) optimising production costs and stabilising producer prices; (iv) carrying out research into sustainable production methods and market developments; (v) promoting and providing technical assistance for the use of environmentally sound cultivation practices and production techniques; (va) promoting and providing technical assistance for the use of production standards, improving product quality and developing products with a protected designation of origin, a protected geographical indication or covered by a national quality label. (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; and (vii) contributing to a sustainable use of natural resources and to climate change mitigation; (viia) developing initiatives in the area of promotion and marketing; (viib) developing initiatives to strengthen innovation; (viic) implementing crisis-prevention and crisis-management instruments, their private storage, transformation and promotion and through promotional sales; (viid) promoting their members’ use of the futures markets and of insurance schemes and providing the requisite technical assistance; (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. (da) market products not covered by Annex I to the Treaty, provided that the proportion of products sold which are not covered by Annex I does not exceed 49% of the total volume marketed, without this leading to the forfeiture of official status as a producer organisation in the recognised agricultural sector.
2012/12/20
Committee: AGRI
Amendment 100 #
Proposal for a regulation
Article 106a (new)
Article 106a Statute of producer organisations 1. The rules of association of a producer organisation shall require its producer members, in particular, to: (a) apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment; (b) be members of only one producer organisation for any given product of the holding, without prejudice to any derogation granted by the Member State concerned in duly justified cases where producer members hold two distinct production units located in different geographical areas; (c) provide the information requested by the producer organisation for statistical purposes, in particular on growing areas, production, yields and direct sales; 2. The rules of association of a producer organisation shall also provide for: (a) procedures for laying down, adopting and amending the rules referred to in paragraph 1; (b) the imposition on members of financial contributions needed to finance the producer organisation; (c) rules enabling the producer members to scrutinise democratically their organisation and its decisions; (d) penalties for infringement of obligations under the articles of association, particularly non-payment of financial contributions, or of the rules laid down by the producer organisation; (e) rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year; (f) the accounting and budgetary rules necessary for the operation of the organisation. 3. Producer organisations shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference, whether or not ownership of the products concerned has been transferred from producers to producer organisations.
2012/12/20
Committee: AGRI
Amendment 102 #
Proposal for a regulation
Article 106 b (new)
Article 106b Recognition of producer organisations 1. Member States may recognise as producer organisations all legal entities or clearly defined parts of legal entities applying for such recognition, provided that they: (a) meet the requirements laid down in points (b) and (c) of the first paragraph of Article 106; (b) have a minimum number of members and/or cover a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where they operate; (c) provide sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to their members, and concentration of supply; (d) have rules of association that are consistent with points (a), (b) and (c) of this paragraph. 2. Member States may decide that producer organisations which have been recognised before 1 January 2014 on the basis of national law and which fulfil the conditions laid down in paragraph 1 of this Article are deemed to be recognised as producer organisations pursuant to Article 106. 3. Producer organisations which have been recognised before 1 January 2014 on the basis of national law and which do not fulfil the conditions laid down in paragraph 1 of this Article may continue to exercise their activities under national law until 1 January 2015. 4. Member States shall: (a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters; (b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with the provisions in this Chapter; (c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and decide whether, if necessary, recognition should be withdrawn; (d) inform the Commission once a year and no later than 31 March of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.
2012/12/20
Committee: AGRI
Amendment 104 #
Proposal for a regulation
Article 106 c (new)
Article 106c Outsourcing Member States may permit a recognised producer organisation or a recognised association of producer organisations to outsource any of its activities (other than production), including to subsidiaries, provided that it provides sufficient evidence to the Member State concerned that doing so is an appropriate way to achieve the objectives of the producer organisation or association of producer organisations concerned and that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the provision of the activity. In particular, the organisation or association must retain the power to issue binding instructions to its agent in respect of the activities entrusted to it.
2012/12/20
Committee: AGRI
Amendment 106 #
Proposal for a regulation
Article 107
Article 107 Article 107 Associations of producer organisations Member States shallmay recognise, on request, associations of producer organisations in any of the specific sectors listed in Article 1(2) which are formed on the initiative of recognised producer organisations. Subject to the rules adopted pursuant to Article 114, associations of producer organisations may carry out any of the activities or functions of producer organisations.
2012/12/20
Committee: AGRI
Amendment 108 #
Proposal for a regulation
Article 108
Article 108 Article 108 Interbranch organisations Interbranch organisations 1. Member States shallmay recognise, on request, interbranch organisations in any of the sectors listed in Article 1(2) which: have formally requested recognition and (a) are constituted of representatives of economic activities linked to the production of, trade in, and/or processing of products in one or more sectors; (b) are formed on the initiative of all or some of the organisations or associations which constitute them; (c) pursue a specific aimand to at least one of the following stages of the supply chain: the processing of or trading of, including distribution of, products in one or more sectors; (aa) cover one or more regions in the Union, thereby representing a significant share of the economic activities in the sector; (b) are formed on the initiative of all or some of the organisations or associations which constitute them; (ba) concern products or groups of products not covered by a previously recognised interbranch organisation; (c) pursue a specific aim taking account of the interests of their members and of consumers, which may include at leastin particular one of the following objectives: (i) improving knowledge and the transparency of production and the market, including by publication of statistical data on the priceproduction costs, prices, including where appropriate price indicators, 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; (ia) facilitating advance knowledge of production potential, and recording market prices; (ii) helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies; (iii) drawing up standard forms of contract compatible with Union rules; (iv) exploiting to a fuller extent the potential of the productsa) exploring potential export markets; (iii) without prejudice to provisions laid down in Articles 104a and 113a, drawing up standard forms of contract compatible with Union rules for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distorsions; (iv) exploiting to a fuller extent the potential of the products, including at the level of market outlets, and that of green chemistry in particular; (v) providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production, and where applicable the processing and/or marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the particular characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment; (vi) seeking ways of restricting the use of animal-health or plant protection products and, of better managing other inputs and, of ensuring product quality and soil and water conservation, of enhancing food safety, in particular through traceability of products, and improving animal health and welfare; (vii) developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and/or marketing; (viiia) exploiting the potential of organic farming anddefining minimum qualities and defining minimum standards of packing and presentation; (viii) taking all possible actions to uphold, protecting and promoting suche organic farming as well asnd designations of origin, quality labels and geographical indications; (ix) promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; (x) encouraging healthymoderate or responsible consumption of the products andon the internal market and/or informing about the harm linked to hazardous consumption patterns; (xi) carrying out promotion actions, especially in third countries. 2. For interbranch organisation and promoting consumption and/or furnishing information concerning products ion the olive oil and table olive and tobacco sectors, the specific aim referred to in point (a) cinternal market and external markets; (xia) implementing collective measures to prevent and manage the health, plant- protection and environcmentrating and co-ordal risks and uncertainating supply and marketing of the produce of the members; (b) adapting production and processing jointly to the requirements of the market and improving thees linked to the production and, where applicable to the processing and/or marketing and/or distribution of agricultural and food products; (c) promoting the rationalisation and improvxib) contributing to the management of by-productions and processingof waste.
2012/12/20
Committee: AGRI
Amendment 111 #
Proposal for a regulation
Article 109
For the purposes of this Regulation, operator organisations in the olive oil and table olives sector shall comprise recognised producer organisations, recognised interbranch organisations or recognised organisations of other operators or their associations.Article 109 deleted Operator organisations
2012/12/20
Committee: AGRI
Amendment 114 #
Proposal for a regulation
Article 110
1. In cases where a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or economic areas of a Member State is considered to be representative of the production of or trade in or processing of a given product, the Member State concerned may, at the request of that organisation, make binding for a limited period of time some of the agreements, decisions or concerted practices agreed on within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups and not belonging to the organisation or association. 2. An “economic area” shall mean a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous. 3. An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State: (a) it accounts for, as a proportion of the volume of production or of trade in or of processing of the product or products concerned: (i) for producer organisations in the fruit and vegetables sector, at least 60%, or (ii) in other cases, at least two thirds, and (b) it accounts for, in the case of producer organisations, more than 50% of the producers concerned. Where the request for extension of its rules to other operators covers more than one economic area, the organisation or association shall demonstrate the minimum level of representativeness as defined in the first subparagraph for each of the branches it groups in each of the economic areas concerned. 4. The rules for which extension to other operators may be requested as provided in paragraph 1 shall have one of the following aims: (a) production and market reporting; (b) stricter production rules than those laid down in Union or national rules; (c) drawing up of standard contracts which are compatible with Union rules; (d) rules on marketing; (e) rules on protecting the environment; (f) measures to promote and exploit the potential of products; (g) measures to protect organic farming as well as designatArticle 110 deleted Extensions of origin, quality labels and geographical indications; (h) research to add value to the products, in particular through new uses which do not pose a threat to public health; (i) studies to improve the quality of products; (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; (k) definition of minimum qualities and definition of minimum standards of packing and presentation; (l) use of certified seed and monitoring of product quality. Those rules shall not cause any damage to other operators in the Member State concerned or the Union and shall not have any of the effects listed in Article 145(4) or be otherwise incompatible with Union or national rules in force.rules
2012/12/20
Committee: AGRI
Amendment 116 #
Proposal for a regulation
Article 111
Financial contributions of non-members 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 persons whose activities relate to the products concerned, the Member State which has granted recognition may decide that individuals 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.Article 111 deleted
2012/12/20
Committee: AGRI
Amendment 118 #
Proposal for a regulation
Article 112
Measures to facilitate the adjustment of supply to market requirements 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 sectors on measures: (a) to improve quality; (b) to promote better organisation of production, processing and marketing; (c) to facilitate the recording of market price trends; (d) to permit the establishment of short and long-term forecasts on the basis of the means of production used.12 deleted
2012/12/20
Committee: AGRI
Amendment 120 #
Proposal for a regulation
Article 113
Marketing rules to improve and stabilise the operation of the common market in In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by the interbranch organisations recognised under Article 108. Such rules shall be proportionate to the objective pursued and shall not: (a) relate to any transaction after the first marketing of the produce concerned; (b) allow for price fixing, including where prices are set for guidance or recommendation; (c) render unavailable an excessive proportion of the vintage that would otherwise be available; (d) provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.Article 113 deleted wines
2012/12/20
Committee: AGRI
Amendment 124 #
Proposal for a regulation
Article 114
Taking into account the needArticle 114 Article 114 Delegated powers Delegated powers In order to ensure that the objectives and responsibilities of producer organisations, operator organisations in the olive oil and table olives sector and interbranch and associations of producer organisations are clearly defined, so as to contribute to the effectiveness of the actions of such organisations without undue burden, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 regarding producer organisations, associawhich lay down: (a) specific conditions for recognitions of producer organisations, interbranch organisations and operator organisations on the following: (a) the specific aims which may, shall or shall not be pursued by such organisations and associations, including derogations from those laid down in Articles 106 to 109, (b) the rules of association, the recognition, structure, legal personality, membership, size, accountability and activities of such organisations and associations, the requirement refer and associations of producer organisations carrying out activities in more than one Member State; (b) rules relating to the establishment and the conditions of administrative assistance to be given by the relevant competent authorities in the case of organisations carrying out activities in mored 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; (c) transnationalhan one Member State. (c) in the case of organisations regulated in Article 109a (a)(aa) and (b) (i) the specific aims which may, shall or shall not be pursued by such organisations and associations, (ii) the rules concerning recognition, structure, membership, size, accountability, activities and mergers of such organisations and their associations including the rules referred to in points (a) and (b) of this Article; (d; (iii) outsourcing of activities and the provision of technical means by organisations orand associations; (eiv) the minimum volume or value of marketable production of organisations and associations; (fd) in the extension of certain rules of thecase of producer organisations provided forregulated in Article 110 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 111, including a list of the stricter production rules which may be extended under point (b) of the first subparagraph of Article 110(4), further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions shall be refused or withdrawn. 09a (a)(bb) the rules concerning membership, including the obligation of the members of a producer organisation to deliver all or a certain amount of the production to the producer organisation. Or. en (Point d becomes point iii of the amendment text and point e becomes point iv)
2012/12/20
Committee: AGRI
Amendment 126 #
Proposal for a regulation
Article 115
Article 115 Article 115 Implementing powers in accordance The Commission may, by means of implementing acts, adopt the necessary measures concerning this Chapter, in particular on the procedures and technical conditions as regards the implementation of the measures referred to in Articles 110 and 112. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). with the examination procedure with the examination procedure The Commission may, by means of implementing acts, adopt in accordance with the examination procedure referred to in Article 162(2) the following: (a) the implementation of the conditions for recognition of producer organisations and their associations and interbranch organisations, especially of organisations carrying out activities in more than one Member State; (b) the procedures relating to administrative assistance in the case of organisations carrying out activities in more than one Member State; (c) in the case of organisations regulated in Article 109a the refusal of or repeal of recognition; (d) the transmitting of information to the Commission regarding the number of recognised organisations and associations including the refusal or withdrawal of recognition.
2012/12/20
Committee: AGRI
Amendment 128 #
Proposal for a regulation
Article 116
The Commission may, by means of implementing acts, adopt individual decisions regarding: (a) the recognition of organisations carrying out activities in more than one Member State, pursuant to the rules adopted under Article 114(c); (b) the refusal of or repeal of recognition of interbranch organisations, repeal of the extension of rules or compulsory contributions, approval of, or decisions on the amendment of economic areas notified by Member States pursuant to the rules adopted under Article 114(f).Article 116 deleted Other implementing powers
2012/12/20
Committee: AGRI
Amendment 439 #
Proposal for a regulation
Recital 3
(3) Pursuant to Article 43(3) of the Treaty on the Functioning of the European Union (the Treaty), the Council shall adopt measures on fixing prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 43(3) of the Treaty applies, this Regulation should explicitly refer to the fact that measures will be adopted by the Council on that basis.deleted
2012/07/19
Committee: AGRI
Amendment 479 #
Proposal for a regulation
Recital 82 a (new)
(82 a) Regulation (EC) No 1234/2007 provides that sugar quotas are set to expire by 30 September 2015. In order to ensure a smooth transition of the sector to the end of the quota system, it is appropriate to extend the quota system by two years.
2012/07/19
Committee: AGRI
Amendment 488 #
Proposal for a regulation
Recital 83 a (new)
(83 a) In order to ensure fair competition and diversity of supply in the EU sugar sector, the Commission shall ensure a fair balance of rights and obligations between producers of cane and beet sugar. Where imports of cane sugar from preferential partners fall short of anticipated levels, the Commission should permit additional imports at zero duty in order to ensure sufficient raw materials are available on the EU sugar market.
2012/07/19
Committee: AGRI
Amendment 525 #
Proposal for a regulation
Recital 94
(94) A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements.
2012/07/19
Committee: AGRI
Amendment 533 #
Proposal for a regulation
Recital 103 a (new)
(103 a) In order to facilitate the development and growth of the bio-based economy, and to prevent adverse effects on the Union market for bio-based industrial products that might otherwise arise, measures should be taken to ensure that producers of bio-based industrial products have access to secure supplies of agricultural raw materials at globally competitive prices. Where agricultural raw materials are imported into the Union free of import tariffs for use in the production of bio-based industrial products, measures should be taken to ensure that the raw materials are used for the declared purpose.
2012/07/19
Committee: AGRI
Amendment 537 #
Proposal for a regulation
Recital 107
(107) Provisions for granting refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity.deleted
2012/07/19
Committee: AGRI
Amendment 539 #
Proposal for a regulation
Recital 107
(107) Provisions for granting refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity.deleted
2012/07/19
Committee: AGRI
Amendment 546 #
Proposal for a regulation
Recital 108
(108) Compliance with the limits in terms of value should be ensured at the time when the export refunds are fixed through the monitoring of payments under the rules relating to the European Agricultural Guarantee Fund. Monitoring can be facilitated by the compulsory advance fixing of export refunds, while allowing the possibility, in the case of differentiated refunds, of changing the specified destination within a geographical area to which a single export refund rate applies. In the case of a change of destination, the export refund applicable to the actual destination should be paid, with a ceiling on the amount applicable to the destination fixed in advance.deleted
2012/07/19
Committee: AGRI
Amendment 550 #
Proposal for a regulation
Recital 109
(109) Compliance with the quantity limits should be ensured by a reliable and effective system of monitoring. To that end, the granting of export refunds should be made subject to an export licence. Export refunds should be granted up to the limits available, depending on the particular situation of each product concerned. Exceptions to that rule should be permitted only for processed products not listed in Annex I to the Treaty, to which volume limits do not apply. Provision should be made for a derogation from strict compliance with management rules where exports benefiting from export refunds are not likely to exceed the quantity laid down.deleted
2012/07/19
Committee: AGRI
Amendment 553 #
Proposal for a regulation
Recital 110
(110) In the case of the export of live bovine animals, provision should be made whereby export refunds are granted and paid only if the provisions established in Union legislation concerning animal welfare, in particular those concerning the protection of animals during transport, are respecdeleted.
2012/07/19
Committee: AGRI
Amendment 556 #
Proposal for a regulation
Recital 111
(111) In order to ensure equality of access to export refunds for exporters of agricultural products covered by this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of applying certain rules for agricultural products to products exported in the form of processed goods.deleted
2012/07/19
Committee: AGRI
Amendment 560 #
Proposal for a regulation
Recital 112
(112) In order to encourage exporters to respect animal welfare conditions and to enable the competent authorities to verify correct expenditure of export refunds where this is conditional on respect for animal welfare requirements, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of animal welfare requirements outside the customs territory of the Union, including the use of independent third parties.
2012/07/19
Committee: AGRI
Amendment 562 #
Proposal for a regulation
Recital 113
(113) In order to ensure that operators respect their obligations when participating in tendering procedures, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of designating the primary requirement for release of licence securities for tendered export refunds.deleted
2012/07/19
Committee: AGRI
Amendment 565 #
Proposal for a regulation
Recital 114
(114) In order to minimise the administrative burden for operators and authorities, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of acts to set thresholds below which the obligation to issue or present an export licence may not be required, designate destinations or operations where an exemption for the obligation to present an export licence can be justified and permit in justified situation export licences to be granted ex- post.deleted
2012/07/19
Committee: AGRI
Amendment 568 #
Proposal for a regulation
Recital 115
(115) In order to adhere to practical situations justifying full or partial eligibility to export refunds, and in order to help operators bridge the period between the application for and the final payment of the export refund, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of measures pertaining to: another date for the refund; the consequences for the payment of the export refund when the product code or destination mentioned in a licence is not in conformity with the actual product or destination; advance payment of export refunds including the conditions for the lodging and release of a security; checks and proof when doubts on the real destination of products exist including the opportunity for re- importation into the customs territory of the Union; destinations treated as exports from the Union, and inclusion of destinations within the customs territory of the Union eligible for export refunds.deleted
2012/07/19
Committee: AGRI
Amendment 571 #
Proposal for a regulation
Recital 116
(116) In order to ensure that products benefiting from export refunds are exported from the customs territory of the Union and to avoid their return to that territory, and in order to minimise the administrative burden for operators in generating and submitting proof that refund products reached a country of destination for differentiated refunds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of measures pertaining to: the time limit by which the exit from the customs territory of the Union must be finalised, including the time for temporary re-entry; the processing that products benefiting from export refunds may undergo during that period; the proof of having reached a destination for differentiated refunds; the refund thresholds and conditions under which exporters may be exempted from such proof; and conditions for approval of proof of reaching a destination for differentiated refunds by independent third parties.deleted
2012/07/19
Committee: AGRI
Amendment 575 #
Proposal for a regulation
Recital 117
(117) In order to take account of the specificities of the different sectors, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specific requirements and conditions for operators and of the products eligible for an export refund including, in particular, the definition and characteristics of the products, and the establishment of coefficients for the purposes of calculating export refunds.deleted
2012/07/19
Committee: AGRI
Amendment 578 #
Proposal for a regulation
Recital 120
(120) In accordance with Article 42 of the Treaty the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) and (3) of the Treaty and in accordance with the procedure laid down therein.
2012/07/19
Committee: AGRI
Amendment 609 #
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 619 #
Proposal for a regulation
Article 6 – paragraph 2
Taking into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix the marketing years for those products.deleted
2012/07/19
Committee: AGRI
Amendment 628 #
Proposal for a regulation
Article 7 – paragraph 1 b (new)
For the purpose of this Article, the European Parliament and the Council shall in accordance with Article 43(2) of the Treaty adopt a list of criteria that the Commission shall apply when adapting the reference prices.
2012/07/19
Committee: AGRI
Amendment 633 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
At regular intervals, the Commission shall, by means of implementing acts, adapt the reference prices listed in paragraph 1. The intervals may differ among the product categories and shall take into account the volatility pattern of each product category. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
2012/07/19
Committee: AGRI
Amendment 670 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Public intervention shall be available for: the products listed in Article 10 throughout the year.
2012/07/19
Committee: AGRI
Amendment 679 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. During the periods referred to in Article 11, public intervention:
2012/07/19
Committee: AGRI
Amendment 693 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a. For the purpose of this Article, the European Parliament and the Council shall in accordance with Article 43(2) of the Treaty adopt an exhaustive list of criteria that need to be fulfilled to consider a market situation as requiring public intervention.
2012/07/19
Committee: AGRI
Amendment 730 #
Proposal for a regulation
Article 15 – paragraph 2
Products may be disposed of by making them available 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).deleted
2012/07/19
Committee: AGRI
Amendment 731 #
Proposal for a regulation
Article 15 – paragraph 2
Products may be disposed of by making them available 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).deleted
2012/07/19
Committee: AGRI
Amendment 754 #
Proposal for a regulation
Article 16 – paragraph 1 – point a b (new)
(ab) hops;
2012/07/20
Committee: AGRI
Amendment 767 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
(c) flax and hemp fibres;
2012/07/20
Committee: AGRI
Amendment 785 #
Proposal for a regulation
Article 16 – paragraph 1 – point e a (new)
(e a) cheese;
2012/07/20
Committee: AGRI
Amendment 819 #
Proposal for a regulation
Article 17 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it 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 be empowered to adopt delegated acts in accordance with Article 160 for fixing an annual reference price index, taking into account the elements mentioned in order to activate private storage.
2012/07/20
Committee: AGRI
Amendment 874 #
Proposal for a regulation
Article 19 – paragraph 1 – point e
e) the conditions for the sale or disposal of products bought-in under public intervention, in particular, as appropriate, regarding selling prices, the conditions for removal from storage, the subsequent use or destination of products released, including procedures relating to products made available for use in the scheme for food distribution to the most deprived in the Union, including transfers between Member St where appropriates;
2012/07/20
Committee: AGRI
Amendment 922 #
Proposal for a regulation
Article 22 – paragraph 3 – point a
(a) objectiveclearly defined criteria for the allocation of aid between Member States, the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on applications received;
2012/07/20
Committee: AGRI
Amendment 939 #
Proposal for a regulation
Article 24 – paragraph 4
4. Measures on fixing the Union aid for all milk shall be taken by the Council in accordance with Article 43(3) of the Treaty.deleted
2012/07/20
Committee: AGRI
Amendment 1007 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
(b) improvement of product quality, whether in a fresh or processed form;
2012/07/20
Committee: AGRI
Amendment 1015 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point e
(e) environmental measures and methods of production, manufacturing or processing methods, respecting the environment, including organic farming;
2012/07/20
Committee: AGRI
Amendment 1028 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c
(c) promotion and communication, whether for prevention or during the crisis period;
2012/07/20
Committee: AGRI
Amendment 1048 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
2 a. The Commission shall, by means of implementing acts, set out maximum aid amounts for market withdrawal, green harvesting or non-harvesting measures, as referred to in paragraph 2, taking into account production costs, and update these amounts periodically. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
2012/07/20
Committee: AGRI
Amendment 1072 #
Proposal for a regulation
Article 35 – paragraph 1 – point a – point ii
(ii) the content, duration, approval and modification of operational programmes, provided that the minimum duration will be three years with a maximum of five years;
2012/07/20
Committee: AGRI
Amendment 1073 #
Proposal for a regulation
Article 35 – paragraph 1 – point a – point iii
(iii) the eligibility of measures, actions or expenditure under an operational programme and, rules on investment in individual holdings as well as the respective complementary national rules;
2012/07/20
Committee: AGRI
Amendment 1087 #
Proposal for a regulation
Article 36 – paragraph 1 – point l – point l a (new)
la) maximum aid amounts for market withdrawal, green harvesting or non- harvesting measures.
2012/07/20
Committee: AGRI
Amendment 1096 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 a (new)
Support programmes shall consist of the following elements: (a) a detailed description of the measures proposed as well as their quantified objectives; (b) the results of consultations held; (c) an appraisal showing the expected technical, economic, environmental and social impact; (d) a schedule for implementing the measures; (e) a general financing table showing the resources to be deployed and the envisaged indicative allocation of the resources between the measures in accordance with ceilings provided for in Annex IV; (f) the criteria and quantitative indicators to be used for monitoring and evaluation as well as the steps taken to ensure that the support programmes are implemented appropriately and effectively; and (g) the designation of competent authorities and bodies responsible for implementing the support programme.
2012/07/23
Committee: AGRI
Amendment 1114 #
Proposal for a regulation
Article 43 – title
Promotion in third-countries
2012/07/23
Committee: AGRI
Amendment 1119 #
Proposal for a regulation
Article 43 – paragraph 1
1. Support under this Article shall cover information or promotion measures concerning Union wines on the internal market or in third countries, thereby improving their competitiveness in those countries.
2012/07/23
Committee: AGRI
Amendment 1268 #
Proposal for a regulation
Article 59 – paragraph 2 a (new)
2a. Marketing standards referred to in paragraph 1 in case of the fruit and vegetables sector shall concern in particular: quality, categorisation, weight, size, packing, packaging, storage, transport, presentation, marketing, origin and possibly labelling.
2012/07/23
Committee: AGRI
Amendment 1313 #
Proposal for a regulation
Article 66 – paragraph 1
Taking into account the specificities in trade between the Union and certain third countries and the special character of some agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to define the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards and conditions allowing derogation from Article 58 and determine the rules concerning the application of the marketing standards to products exported from the Union.
2012/07/23
Committee: AGRI
Amendment 1469 #
Proposal for a regulation
Article 101 l (new)
Article 101 l Out-of-quota production 1. The sugar, isoglucose or inulin syrup produced during a marketing year in excess of the quota referred to in Article 101h may be: (a) used for the processing of certain products as referred to in Article 101m; (b) carried forward to the quota production of the next marketing year, in accordance with Article 101n; (c) used for the specific supply regime for the outermost regions, in accordance with [Chapter III of Regulation [ex (EC) No 247/2006] of the European Parliament and of the Council; (d) exported within the quantitative limit fixed by the Commission by means of implementing acts, respecting the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty; or (e) automatically released onto the internal market as quota sugar for purposes of adjusting supply to changes in demand, as part of the temporary market management mechanism described in Article 101 (1b).
2012/07/24
Committee: AGRI
Amendment 1476 #
Proposal for a regulation
Article 101 m (new)
Article 101 m Temporary market management mechanism Until the end of the quota system, a temporary market management mechanism will be used to balance the market, automatically triggering the following measures: - suspension of import duties, as described in Article 130b; and - out of quota releases, as described in Article 101l(1)(e). If available at a volume comparable to the one allocated via suspension of import duties, and at zero levy. The temporary market management mechanism will be automatically triggered as soon as European Commission data for imported raw sugar reach a level below 3.5 million tonnes for the marketing year. These assessments will commence for each marketing year, no later than October 30. Before 1 March 2014, the European Commission will determine, by means of a delegated act adopted pursuant to article 101(1b)., all necessary arrangements required for the implementation of this Article.
2012/07/24
Committee: AGRI
Amendment 1592 #
Proposal for a regulation
Article 106 – paragraph 1 – introductory part
Member States shallmay recognise, on request, producer organisations, which:
2012/07/25
Committee: AGRI
Amendment 1602 #
Proposal for a regulation
Article 106 – paragraph 1 – point a
(a) are constituted by producers in any of theand controlled by farmers in a specific sectors listed in Article 1(2);
2012/07/25
Committee: AGRI
Amendment 1605 #
Proposal for a regulation
Article 106 – paragraph 1 – point b
(b) are formed on the initiative of the producfarmers;
2012/07/25
Committee: AGRI
Amendment 1630 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point v a (new)
(va) promoting and providing assistance for the development of products with a protected designation of origin or a protected geographical indication;
2012/07/25
Committee: AGRI
Amendment 1633 #
Proposal for a regulation
Article 106 – paragraph 1 – point c – point v b (new)
(vb) developing initiatives allowing for the improvement of quality and innovation in food products;
2012/07/25
Committee: AGRI
Amendment 1634 #
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 1637 #
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 1657 #
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 Treatyexclude competition.
2012/07/25
Committee: AGRI
Amendment 1679 #
Proposal for a regulation
Article 107
Article 107 Associations of producer organisations Member States shall recognise, on request, associations of producer organisations in any of the sectors listed in Article 1(2) which are formed on the initiative of recognised producer organisations. Subject to the rules adopted pursuant to Article 114, associations of producer organisations may carry out any of the activities or functions of producer organisations.deleted
2012/07/25
Committee: AGRI
Amendment 1697 #
Proposal for a regulation
Article 108 – paragraph 1 – introductory part
1. Member States shallmay recognise, on request, interbranch organisations in any of the sectors listed in Article 1(2) which:
2012/07/25
Committee: AGRI
Amendment 1706 #
Proposal for a regulation
Article 108 – paragraph 1 – point a a (new)
(aa) cover one or more regions in the Union, thereby representing a significant share of the economic activities in the sector;
2012/07/25
Committee: AGRI
Amendment 1711 #
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;
2012/07/25
Committee: AGRI
Amendment 1733 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point x
(x) encouraging healthy consumption of the products and informing about the harm linked to hazardous consumption patterns;deleted
2012/07/25
Committee: AGRI
Amendment 1766 #
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 1775 #
Proposal for a regulation
Article 109
For the purposes of this Regulation, operator organisations in the olive oil and table olives sector shall comprise recognised producer organisations, recognised interbranch organisations or recognised organisations of other operators or their associations.Article 109 deleted Operator organisations
2012/07/25
Committee: AGRI
Amendment 1783 #
Proposal for a regulation
Article 110
[...]deleted
2012/07/25
Committee: AGRI
Amendment 1819 #
Proposal for a regulation
Article 111
Financial contributions of non-members 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 persons whose activities relate to the products concerned, the Member State which has granted recognition may decide that individuals 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.Article 111 deleted
2012/07/25
Committee: AGRI
Amendment 1832 #
Proposal for a regulation
Article 112
Measures to facilitate the adjustment of 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 sectors on measures: (a) to improve quality; (b) to promote better organisation of production, processing and marketing; (c) to facilitate the recording of market price trends; (d) to permit the establishment of short and long-term forecasts on the basis of the means of production used.12 deleted supply to market requirements
2012/07/25
Committee: AGRI
Amendment 1843 #
Proposal for a regulation
Article 113
Marketing rules to improve and stabilise the operation of the common market in In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by the interbranch organisations recognised under Article 108. Such rules shall be proportionate to the objective pursued and shall not: (a) relate to any transaction after the first marketing of the produce concerned; (b) allow for price fixing, including where prices are set for guidance or recommendation; (c) render unavailable an excessive proportion of the vintage that would otherwise be available; (d) provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.Article 113 deleted wines
2012/07/25
Committee: AGRI
Amendment 1869 #
Proposal for a regulation
Article 116 a (new)
Article 116 a European Food Price Monitoring Tool In order to facilitate the recording of market developments by the producer and interbranch organisations, the European Food Price Monitoring Tool, in coordination with Eurostat, the National Statistical Institutes and the National Observatories of Prices shall regularly establish surveys of price trends for the main agricultural sectors, as well as short and long-term forecasts.
2012/07/25
Committee: AGRI
Amendment 1871 #
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 concerned.
2012/07/25
Committee: AGRI
Amendment 1880 #
Proposal for a regulation
Article 118 – paragraph 1 – point a
a) the list of agricultural products subject to the presentation of an import or export licencein exceptional cases and when necessary for the efficient management of the markets concerned, that an import or export licence must be presented for certain agricultural products;
2012/07/25
Committee: AGRI
Amendment 1908 #
Proposal for a regulation
Article 125 – paragraph 3 – point a
(a) for import tariff quotas give due weight to the supply requirements of the Union market and the need to safeguard the equilibrium of that market, and to develop new downstream markets in the production of industrial products, by ensuring certainty and continuity of supply at competitive world prices, or
2012/07/25
Committee: AGRI
Amendment 1918 #
Proposal for a regulation
Article 130 – paragraph 2 a (new)
Should the world market price for white sugar exceed the EU reference price for white sugar, the Commission shall be empowered to suspend all or some of the normal customs duties for all types of sugar for a period it shall determine, in order to guarantee that the European market is properly supplied with sugar.
2012/07/25
Committee: AGRI
Amendment 1935 #
Proposal for a regulation
Part 3 – chapter 6 – title
Export refundprovisions
2012/07/25
Committee: AGRI
Amendment 1941 #
Proposal for a regulation
Article 133
[...]deleted
2012/07/25
Committee: AGRI
Amendment 1951 #
Proposal for a regulation
Article 134
Export refund distribution The quantities which may be exported with an export refund shall be allocated (a) is most suited to the nature of the product and the situation on the relevant market, allowing the most efficient use of the resources available, taking into account the efficiency and structure of Union exports and their impact on the market balance without creating discrimination between the operators concerned and in particular between large and small operators; (b) is least cumbersome administratively for operators, taking into account the administrative requirements.Article 134 deleted by the method which:
2012/07/25
Committee: AGRI
Amendment 1956 #
Proposal for a regulation
Article 135
1. The same export refunds shall apply to the same products in the whole Union. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 218 of the Treaty make this necessary. 2. Measures on the fixing of refunds shall be taken by the Council in accordance with Article 43(3) of the Treaty.Article 135 deleted Export refund fixation
2012/07/25
Committee: AGRI
Amendment 1959 #
Proposal for a regulation
Article 135 – paragraph 2
2. Measures on the fixing of refunds shall be taken by the Council in accordance with Article 43(3) of the Treaty.deleted
2012/07/25
Committee: AGRI
Amendment 1967 #
Proposal for a regulation
Article 137
Export refunds for live animals in the (1) With regard to products of the beef and veal sector, the granting and the payment of the refund for exports of live animals shall be subject to compliance with the animal welfare requirements established in the Union legislation and, in particular, the protection of animals during transport. (2) Taking into account the need to encourage exporters to respect animal welfare conditions and to enable the competent authorities to verify correct expenditure of export refunds where that is conditional on respect for animal welfare requirements, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on the respect of animal welfare requirements outside the customs territory of the Union, including the use of independent third parties. (3) The Commission may, by means of implementing acts, adopt necessary measures for the application of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 162(2).Article 137 deleted beef and veal sector
2012/07/25
Committee: AGRI
Amendment 1969 #
Proposal for a regulation
Article 137
Export refunds for live animals in the 1. With regard to products of the beef and veal sector, the granting and the payment of the refund for exports of live animals shall be subject to compliance with the animal welfare requirements established in the Union legislation and, in particular, the protection of animals during transport. 2. Taking into account the need to encourage exporters to respect animal welfare conditions and to enable the competent authorities to verify correct expenditure of export refunds where that is conditional on respect for animal welfare requirements, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on the respect of animal welfare requirements outside the customs territory of the Union, including the use of independent third parties. 3. The Commission may, by means of implementing acts, adopt necessary measures for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).Article 137 deleted beef and veal sector
2012/07/25
Committee: AGRI
Amendment 1973 #
Proposal for a regulation
Article 137 – paragraph 1
1. With regard to products of the beef and veal sector, the granting and the payment of the refund for exports of live animals shall be subject to compliance with the animal welfare requirements established in the Union legislation and, in particular, the protection of animals during transport.deleted
2012/07/25
Committee: AGRI
Amendment 1975 #
Proposal for a regulation
Article 137 – paragraph 2
2. Taking into account the need to encourage exporters to respect animal welfare conditions and to enable the competent authorities to verify correct expenditure of export refunds where that is conditional on respect for animal welfare requirements, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on the respect of animal welfare requirements outside the customs territory of the Union, including the use of independent third parties.
2012/07/25
Committee: AGRI
Amendment 1980 #
Proposal for a regulation
Article 138
The volume commitments resulting from the agreements concluded in accordance with Article 218 of the Treaty shall be respected on the basis of export licences issued for the reference periods applying to the products concerned. The Commission may adopt implementing acts necessary to respect the volume commitments, including ceasing or limiting the issue of export licences when such commitments are or can be exceeded. With regard to compliance with the obligations under the WTO Agreement on Agriculture, the ending of a reference period shall not affect the validity of export licences.Article 138 deleted Export limits
2012/07/25
Committee: AGRI
Amendment 1991 #
Proposal for a regulation
Article 140
Implementing powers in accordance with the examination procedure The Commission shall by means of implementing acts, adopt necessary measures for the application of this Section, in particular: (a) on the redistribution of exportable quantities which have not been allocated or utilised; (b) on products referred to in point (b) of Article 133(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).Article 140 deleted
2012/07/25
Committee: AGRI
Amendment 1996 #
Proposal for a regulation
Article 141
The Commission may, by means of implementing acts, fix coefficients adjusting export refunds in accordance with the rules adopted pursuant to Article 139(6).Article 141 deleted Other implementing powers
2012/07/25
Committee: AGRI
Amendment 2005 #
Proposal for a regulation
Article 144 – paragraph 1 – subparagraph 2
In particular, Article 101(1) of the Treaty shall not apply toare presumed to pursue the achievement of the objectives of Article 39 of the Treaty, the 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 main objectives of Article 39 of the Treaty are jeopardised.
2012/07/25
Committee: AGRI
Amendment 2010 #
Proposal for a regulation
Article 144 – paragraph 1 – subparagraph 1
Article 101(1) of the Treaty shall not apply to the agreements, decisions and practices referred to in Article 143 of this Regulation necessary for the attainment of the main objectives set out in Article 39 of the Treaty.
2012/07/25
Committee: AGRI
Amendment 2014 #
Proposal for a regulation
Article 144 – paragraph 1 – subparagraph 2 a (new)
Regulation (EC) No 1/20031 shall apply to exceptions from the applicability of Articles 101 to 106 of the Treaty provided for in this Regulation. The possible exceptions concerning agreements between agricultural undertakings shall be treated in accordance with the conditions laid down in Article 101(3) of the Treaty. __________________ 1 OJ L 1,4.1.2003,p. 1.
2012/07/25
Committee: AGRI
Amendment 2016 #
Proposal for a regulation
Article 144 – paragraph 2
2. After consulting the Member States and hearing the undertakings or associations of undertakings concerned and any other natural or legal person that it considers appropriate, the Commission shall have sole power, subject to review by the Court of Justice, to determine, by adopting, by means of implementing acts, a Decision which shall be published, which agreements, decisions and practices fulfil the conditions specified in paragraph 1. The Commission shall undertake such determination either on its own initiative or at the request of a competent authority of a Member State or of an interested undertaking or association of undertakings.deleted
2012/07/25
Committee: AGRI
Amendment 2017 #
Proposal for a regulation
Article 144 – paragraph 3
3. The publication of the Decision referred to in the first subparagraph of paragraph 2 shall state the names of the parties and the main content of the decision. It shall have regard to the legitimate interest of undertakings in the protection of their business secrets.deleted
2012/07/25
Committee: AGRI
Amendment 2026 #
Proposal for a regulation
Article 145 – paragraph 1
1. Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 108 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(1) of this Regulation, and for the olive oil and table olive and tobacco sectors, Article 108(2) of this Regulation.
2012/07/25
Committee: AGRI
Amendment 2027 #
Proposal for a regulation
Article 145 – paragraph 1 a (new)
1 a. The provisions of Article 144(2) shall apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 108 of this Regulation.
2012/07/25
Committee: AGRI
Amendment 2028 #
Proposal for a regulation
Article 145 – paragraph 2
2. Paragraph 1 shall apply only provided that: (a) the agreements, decisions and concerted practices have been notified to the Commission; (b) within two months of receipt of all the details required the Commission, by means of implementing acts, has not found that the agreements, decisions or concerted practices are incompatible with Union rules.deleted
2012/07/25
Committee: AGRI
Amendment 2031 #
Proposal for a regulation
Article 145 – paragraph 3
3. The agreements, decisions and concerted practices may not be put into effect before the lapse of the period referred to in paragraph 2(b).deleted
2012/07/25
Committee: AGRI
Amendment 2036 #
Proposal for a regulation
Article 145 – paragraph 5 – subparagraph 1
If, following expiry of the two-month period referred to in paragraph 2(b), the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, by means of implementing acts, take a Decision declaring that Article 101(1) of the Treaty applies to the agreement, decision or concerted practice in question.deleted
2012/07/25
Committee: AGRI
Amendment 2037 #
Proposal for a regulation
Article 145 – paragraph 5 – subparagraph 2
That Commission Decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.deleted
2012/07/25
Committee: AGRI
Amendment 2038 #
Proposal for a regulation
Article 145 – paragraph 6
6. In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time.deleted
2012/07/25
Committee: AGRI
Amendment 2058 #
Proposal for a regulation
Article 154 – paragraph 1 – subparagraph 3
Such measures, which may be taken ex ante or ex post, 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.
2012/07/25
Committee: AGRI
Amendment 2092 #
Proposal for a regulation
Article 155 – paragraph 5 – subparagraph 1
The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Member States for the measures provided for in paragraph 1. These measures can include tax advantages or preferential loans granted to farmers to be financed under Regulation [on Rural Development].
2012/07/25
Committee: AGRI
Amendment 2118 #
Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)
(ba) every three years after 2013 on the exceptions for the objectives of the CAP concerning the agreements, decisions and practices referred to in Articles 144 and 145;
2012/07/25
Committee: AGRI
Amendment 2129 #
Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)
(ba) by 31 December 2013 on the development of the market situation in the sugar sector.
2012/07/25
Committee: AGRI
Amendment 2132 #
Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)
(ba) by 31 December 2013 on the development of the market situation in the wine sector;
2012/07/25
Committee: AGRI
Amendment 2160 #
Proposal for a regulation
Article 163 – paragraph 1 – subparagraph 2 – point a
(a) as regards the sugar sector, Title I of Part II, Articles 248, 260 to 262 and Part II of Annex III until the end of the 20146/20157 marketing year for sugar on 30 September 20157;
2012/07/25
Committee: AGRI
Amendment 2175 #
Proposal for a regulation
Article 165 – paragraph 1 – subparagraph 3
However, Articles 7, 16 and 101 and Annex III, as regards the sugar sector, shall only apply after the end of the 20146/20157 marketing year for sugar on 1 October 20157.
2012/07/25
Committee: AGRI