BETA

31 Amendments of Paolo DE CASTRO related to 2016/0282(COD)

Amendment 166 #
Proposal for a regulation
Article 267 – paragraph 1 – point 7 – point a – point ii a (new)
Regulation (EU) No 1305/2013
Article 36 – Paragraph 1 – point da (new)
(iia) the following point (da) is added: (da) financial contributions to premiums for income insurance;
2017/03/28
Committee: AGRI
Amendment 212 #
Proposal for a regulation
Article 267 – paragraph 1 – point 10 a (new)
Regulation (EU) No 1305/2013
Article 39b (new)
10a. The following Article 39b is inserted: Article 39b Income insurance 1. Support under point (da) of Article 36(1) shall only be granted for insurance contracts which cover for income loss exceeding 30 % of the average annual income of the individual farmer in the preceding three-year period or a three- year average based on the preceding five- year period excluding the highest and lowest entry. Income for the purposes of point (da) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Indexes may be used to calculate the annual loss of income of the farmer. 2. Support shall be limited to the maximum rate laid down in Annex II.
2017/03/28
Committee: AGRI
Amendment 213 #
Proposal for a regulation
Article 267 – paragraph 1 – point 11 – point a
Regulation (EU) No 1035/2013
Article 45 – paragraph 5
5. Working capital that is ancillary to, and linked to a new investment, which receives EAFRD supporthere support is provided through a financial instrument established in accordance with Article 37 of Regulation (EU) No 1303/2013, working capital may be eligible expenditure. Such eligible expenditure shall not exceed EUR 200 000 or 30 % of the total amount of the eligible expenditure for the investment. The relevant request shall be duly substantiated, whichever is the higher.
2017/03/28
Committee: AGRI
Amendment 235 #
Proposal for a regulation
Article 267 – paragraph 1 – point 16 a (new)
Regulation (EU) No 1305/2013
Annex II – Article 39b (new)
16a. In Annex II, the following line is inserted after 38(5): Article 39b(2) Income insurance Maximum amount in EUR or rate : 70 % of the insurance premium due
2017/03/28
Committee: AGRI
Amendment 300 #
Proposal for a regulation
Article 269 – paragraph 1 – point 2 a (new)
Regulation (EU) No 1307/2013
Article 30 – Paragraph 7 – point f a (new)
2a. In Article 30, paragraph 7 the following point is inserted: fa) increase the value of the payment entitlements to the value of the national or regional average under paragraph 8, subparagraph 2 of this Article following a severe natural disaster seriously affecting the holding and compromising the normal course of activities;
2017/03/28
Committee: AGRI
Amendment 301 #
Proposal for a regulation
Article 269 – paragraph 1 – point 2 d (new)
Regulation (EU) No 1307/2013
Article 30 – paragraph 8 – subparagraph 1
2d. in Article 30(8), the first subparagraph is replaced by the following: “8. When applying paragraph 6 and points (a), (b), (c) and (cfa) of paragraph 7, Member States shall fix the value of payment entitlements allocated to farmers at the national or regional average value of payment entitlements in the year of allocation. (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32013R1307&rid=1)Or. it
2017/03/28
Committee: AGRI
Amendment 302 #
Proposal for a regulation
Article 269 – paragraph 1 – point 2 c (new)
Regulation (EU) No 1307/2013
Article 30 – Paragraph 10
2c. in Article 30, paragraph 10 is amended as follows: “10. When applying paragraph 6, and points (a), (b), and (bfa) of paragraph 7 and paragraph 9, Member States may either allocate new entitlements or increase the unit value of all of the existing entitlements of a farmer up to the national or regional average value. (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32013R1307&from=Or. it)
2017/03/28
Committee: AGRI
Amendment 455 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 62 – paragraph 4a (new)
3 a. In Article 62, the following paragraph is added: 4a. Member states may apply the provisions of this Chapter to areas producing wine suitable for producing wine spirits with a geographical indication as registered in Annex III of Regulation (EC) No 110/2008 of the European Parliament and of the Council. For the purposes of those provisions, these areas may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.
2017/03/28
Committee: AGRI
Amendment 464 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 b (new)
Regulation (EU) No 1308/2013
Article 148 – paragraph 1a (new)
3 b. In Article 148, the following paragraph is inserted : 1a. If Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, producer organization, a bargaining organisation, or their associations may require that any delivery in raw milk to a processor of raw milk be the subject of a written contract between the parties and/or be the subject of a written offer of a contract from the first purchasers, under the same conditions laid down in paragraph 4 to 6 of this article. If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, unless the inter-branch organisation of the sector recognised under Article 163, has drawn up a standard contract compatible with the rules of the Union.
2017/03/28
Committee: AGRI
Amendment 468 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 50 – Paragraph 2
“ 2. Support under paragraph 1 at its maximum rate: content/EN/TXT/HTML/?uri=CELEX:32013R1308&qid=1490011614359&from=EN#ntr3 a. In Article 50, paragraph 2 is replaced by the following: “ 2. Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty.” Or. en (http://eur-lex.europa.eu/legal- L_2013347EN.01067101-E0026-)
2017/03/28
Committee: AGRI
Amendment 469 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 62 – Paragraph 4a (new)
3 a. In Article 62 the following paragraph is inserted 4a. Member states may apply the provisions of this Chapter to areas producing wine suitable for producing wine spirits with a geographical indication as registered in Annex III of Regulation (EC) No 110/2008 of the European Parliament and of the Council. For the purposes of those provisions, these areas may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.
2017/03/28
Committee: AGRI
Amendment 477 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 c (new)
Regulation (EU) No 1308/2013
Article 148 – paragraph 2 – introductory part
3 c. in Article 148(2), the introductory part is replaced by the following: “2. The contract and/or the offer for a contract referred to in paragraphs 1 and 1a shall:” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)
2017/03/28
Committee: AGRI
Amendment 478 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 d (new)
Regulation (EU) No 1308/2013
Article 148 – paragraph 3
3 d. In Article 148, paragraph 3 is replaced by the following: “3. By way of derogation from paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a farmer to a co- operative of which the farmer is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)
2017/03/28
Committee: AGRI
Amendment 480 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 e (new)
Regulation (EU) No 1308/2013
Article 152 – paragraph 1 – point (b)
““(b) are formed on the initiative of the producers;”“ 3 e. In the Article 152(1), point b is replaced by the following: ““(b) are formed on the initiative of the producers and which carry out, whether or not there is a transfer of ownership by the farmers to the producer organisation, at least one of the following activities: (i) joint processing; (ii) joint distribution, including joint selling platform or joint transportation; (iii) joint packaging, labelling or promotion; (iv) joint organising of quality control; (v) joint use of equipment or storage facilities; (vi) joint management of waste directly related to the production; (vii) joint procurement of inputs; (viii) any other joint activities of services pursuing one of the objectives listed in paragraph 1, point (c) of this Article;”“ Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)
2017/03/28
Committee: AGRI
Amendment 482 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 f (new)
Regulation (EU) No 1308/2013
Article 152 – paragraph 1a (new)
3 f. In Article 152, the following paragraph is inserted: 1a. Notwithstanding the application of Article 101(1) TFEU, a producer organisation, which is recognised under paragraph 1 of this Article, may plan production, optimizing the production costs, place on the market and negotiate contracts for the supply of the agricultural products, on behalf of its members for all or part of their total production.
2017/03/28
Committee: AGRI
Amendment 484 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 g (new)
Regulation (EU) No 1308/2013
Article 152 – paragraph 1 – subparagraph 1a (new)
3 g. In Article 152, paragraph 1, the following subparagraph is added: For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate.
2017/03/28
Committee: AGRI
Amendment 485 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 h (new)
Regulation (EU) No 1308/2013
Article 152 – paragraph 1 – subparagraph 1a (new)
3 h. In Article 152, paragraph 1, the following subparagraph is inserted: When acting under point (c), the competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions adopted pursuant to paragraph 7 without delay after their adoption.
2017/03/28
Committee: AGRI
Amendment 486 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 i (new)
Regulation (EU) No 1308/2013
Article 152a (new)
3 i. The following Article is inserted: Article 152a Bargaining organisations 1. Member States may, on request, recognise bargaining organisations in one of the specific sectors listed in Article 1 (2) which: (a) are formed on the initiative of the producers; (b) pursue a specific aim which may include one or more 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. 2. Without prejudice to Article 125 concerning the sugar sector, a recognised bargaining organisation may negotiate contracts for the supply of the agricultural products in one of the specific sectors listed in Article 1(2), on behalf of its members for all or part of their total production. 3. The negotiations may take place: (a) whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation; (b) whether or not the price negotiated is the same as regards the aggregate production of some or all of the members; (c) provided that, for a particular bargaining organisation, all of the following conditions are fulfilled: (i) the volume or the quantity of agricultural products covered by such negotiations does not exceed 3,5 % of total Union production ; (ii) the volume or the quantity of agricultural products covered by such negotiations which is produced or delivered in any particular Member State does not exceed 33 % of the total national production of that Member State ; (d) provided that, for the volume or the quantity of agricultural products covered by such negotiations, the bargaining organisation concentrates supply ; (e) provided that the producers concerned are not members of any other bargaining organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas; (f) provided that the agricultural product is not covered by an obligation to deliver arising from the farmer’s membership of a cooperative in accordance with the conditions set out in the cooperative’s statutes or the rules and decisions provided for in or derived from those statutes; and (g) provided that the bargaining organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume or quantities of agricultural products covered by such negotiations. 4. For the purposes of this Article, references to bargaining organisations shall also include associations of bargaining organisations recognised under Article 156 (2) if such associations of producer organisations meet the requirements set out in paragraph 1 of this Article. 5. Notwithstanding the conditions set out in of point (ii) of point (c) of paragraph 3, in the milk sector, a bargaining organisation may negotiate pursuant to paragraph 1 provided that, with regard to that bargaining organisation, the volume or quantities of agricultural products covered by the negotiations which is produced in or delivered in a Member State having a total annual raw milk production of less than 500 000 tonnes does not exceed 45 % of the total national production of that Member State. 6. For the purposes of applying point (c) of paragraph 3 and paragraph 4, the Commission shall publish, by such means, as it considers appropriate, the amounts of production in the Union and the Member States using the most up-to-date information available. 7. By way of derogation from point (c) of paragraph 3 and paragraph 4, the competition authority may decide in individual case that a particular negotiation by the bargaining organisation should either to be reopened or should not take place at all if it considers that this is necessary in order to prevent competition from being excluded or if it considers that the objectives referred to in Article 39 TFEU are threatened. For the milk sector, the competition authority may intervene when it deems it necessary to prevent competition from being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory. For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate. The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned. 8. When acting under paragraph 7, the competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions adopted pursuant to paragraph 7 without delay after their adoption. 9. For the purposes of this Article: (a) a “national competition authority” means the authority referred to in Article 5 of Council Regulation (EC) No 1/2003; (b) an “SME” means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC. 10. The Member States in which negotiations take place in accordance with this Article shall notify the Commission. 11. Member States may decide that producer organisations which, prior to ... [the date of entry into force of this Regulation], have been recognised in accordance with national law and which satisfy the conditions laid down in paragraph 1 shall be deemed to be recognised as bargaining organisations in accordance with this Article.
2017/03/28
Committee: AGRI
Amendment 487 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 j (new)
Regulation (EU) No 1308/2013
Article 152b (new)
3 j. The following Article is inserted: Article 152b Value-sharing Without prejudice to Article 125 in the sugar sector, producers of agricultural products in one of the specific sectors listed in Article 1(2), through their producer organisations recognised under Article 152 of this Regulation, their bargaining organisations recognised under Article 152a of this Regulation, their associations recognised under Article 156 of this Regulation and undertakings marketing or processing such products may agree on value- sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices or other commodity markets is to be allocated between them.”.
2017/03/28
Committee: AGRI
Amendment 488 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 k (new)
Regulation (EU) No 1308/2013
Article 154a (new)
3 k. The following Article is inserted: Article 154a Recognition of bargaining organisations 1. In order to be recognised by a Member State, the bargaining organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which: (a) fulfils the requirements laid down in points (a), (b) and (c) of Article 152a(1) (b) has a minimum number of members and/or covers a minimum volume or value of marketable production, to be laid down by the Member State concerned, in the area where it operates; (c) provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply; (d) has statutes that are consistent with points (a), (b) and (c) of this paragraph. 2. Member States shall: (a) decide whether to grant recognition to a bargaining organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; that 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 bargaining organisations and associations of bargaining organisations are complying with this Chapter; (c) in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and their associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn ; (d) inform the Commission by 31 March of each year, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.
2017/03/28
Committee: AGRI
Amendment 489 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 l (new)
Regulation (EU) No 1308/2013
Article 156 – Heading
“Associations of producer organisations” 3 l. In Article 156, the heading is replaced by the following: “Associations of producer organisations and associations of bargaining organisations” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)
2017/03/28
Committee: AGRI
Amendment 490 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 m (new)
Regulation (EU) No 1308/2013
Article 156 – paragraph 2
“ 2. By way of derogation from paragraph 1,3 m. In Article 156, paragraph 2 is replaced by the following: “ 2. Member States may, on request, recognise an association of recognised producerbargaining organisations in the milk and milk products sector if the Member State concerned considers that the association is capable of carrying out effectively any of the activities of a recognised producerbargaining organisation, and that it fulfils the conditions laid down in Article 16154a(1). Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)
2017/03/28
Committee: AGRI
Amendment 491 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 n (new)
Regulation (EU) No 1308/2013
Article 157 – paragraph 1 – point xiv a (new)
3 n. In Article 157(1), point c, the following point is added: (xiv a) agreeing on standard value sharing clauses including market bonuses and losses, determining how any evolution of relevant market prices or other commodity markets is to be allocated between them or determinable price formula based in particular on objective market criteria.
2017/03/28
Committee: AGRI
Amendment 492 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 o (new)
Regulation (EU) No 1308/2013
Article 157 – paragraph 3 – point c – point xi a (new)
3 o. In point (c) of Article 157 (3), the following point is inserted: (xi a) agreeing on standard value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices or other commodity markets is to be allocated between them or determinable price formula based in particular on objective market criteria. .
2017/03/28
Committee: AGRI
Amendment 493 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 p (new)
Regulation (EU) No 1308/2013
Article 157 – paragraph 3 – point (c) –point xi b (new)
3 p. In point (c) of Article 157(3), the following point is added: (xi b) implementing collective measures to prevent and manage the health and environmental risks and uncertainties linked to the production and, where applicable to the processing and/or marketing and/or distribution of agricultural and food products.
2017/03/28
Committee: AGRI
Amendment 494 #
Proposal for a regulation
Article 270 – paragraph 1 – point 3 q (new)
Regulation (EU) No 1308/2013
Article 168 – paragraph 1a (new)
3 q. In Article 168, the following paragraph is inserted: 1a. If Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, producer organisation, bargaining organisation or their association, in respect of agricultural products in a sector listed in Article 1(2) other than the milk, milk products and sugar sector may require that any delivery of its products to a processor or distributor be the subject of a written contract between the parties and/or be the subject of a written offer of a contract from the first purchasers, under the same conditions laid down in paragraph 4 to 6 of this Article. If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, unless the inter-branch organisation of the sector recognised under Article 157, has drawn up a standard contract compatible with the rules of the Union.
2017/03/28
Committee: AGRI
Amendment 499 #
Proposal for a regulation
Article 270 – paragraph 1 – point 4 a (new)
Regulation (EU) No 1308/2013
Article 209 – paragraph 1 – subparagraph 2
4 a. In Article 209(1), subparagraph 2 is replaced by the following: ““Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 of this Regulation, or associations of producer organisbargaining organisations recognised under Article 152a of this Regulation, or their associations recognised under Article 156 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, unless the objectives of Article 39 TFEU are jeopardised.”“ Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)
2017/03/28
Committee: AGRI
Amendment 500 #
Proposal for a regulation
Article 270 – paragraph 1 – point 4 b (new)
Regulation (EU) No 1308/2013
Article 209 – paragraph 1 – subparagraph 2a (new)
4 b. In Article 209(1), subparagraph 2, the following subparagraph is inserted: For the sale of agricultural products, agreements, decisions and concerted practices on value sharing clauses and on a determinable, price formula, based in particular on objective market criteria, is considered necessary for the achievement of the objectives set out in Article 39 of the Treaty on the Functioning of the European Union.
2017/03/28
Committee: AGRI
Amendment 502 #
Proposal for a regulation
Article 270 – paragraph 1 – point 4 c (new)
Regulation (EU) No 1308/2013
Article 209 – paragraph 2 – subparagraph 1a (new)
4 c. In Article 209(2), subparagraph 1, the following subparagraph: “However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 of this Regulation, or bargaining organisations recognised under Article 152a, or their associations recognised under Article 156 of this Regulation may request an opinion from the Commission on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU. Requests for opinions shall be dealt with promptly and the Commission shall send the applicant its opinion within two months of receipt of the request. In the event of non-response by the Commission within that period, the opinion shall be deemed positive.”
2017/03/28
Committee: AGRI
Amendment 504 #
4 d. In Article 209(2), subparagraph 1, the following subparagraph is inserted: “The Commission may, at its own initiative or at the request of a Member State, change the content of opinion, in particular if the applicant has provided inaccurate information or abused the opinion.”
2017/03/28
Committee: AGRI
Amendment 505 #
Proposal for a regulation
Article 270 – paragraph 1 – point 4 e (new)
Regulation (EU) n°1308/2013
Article 222 – paragraph 1
4 e. In Article 222, paragraph 1 is replaced by the following: “1. During periods of severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) TFEU is not to apply to agreements and decisions of recognised producerfarmers, farmers’ associations, or associations of such associations or recognised producer organisations, recognised bargaining organisations, their associations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of the internal market, strictly aim to stabilise the sector concerned and fall under one or more of the following categories:” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1490086023420&uri=CELEX:32013R1308)
2017/03/28
Committee: AGRI