BETA

34 Amendments of Izaskun BILBAO BARANDICA related to 2011/0281(COD)

Izaskun BILBAO BARANDICA

Proposal for a regulation
Recital 23 a (new)

(23a) In order to strengthen and complement existing public market management measures, and with a view to ensuring that the market runs smoothly, the Commission should introduce a private supply management tool through the coordination of the operators themselves, who should be able to withdraw or process products when necessary during the marketing year via recognised associations of producer organisations of an appropriate size. To ensure that this tool does not operate in a way that runs counter to the objectives of the CAP and the single market, the Commission should lay down the conditions governing its operation, authorisation and activation, as well as rules governing its funding, whilst making sure that it is compatible with EU competition rules.

2012/07/19
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Recital 28 a (new)

(28a) The Commission should be given the opportunity to set up, by means of delegated acts, programmes designed to promote the consumption of products other than fruit and vegetables and dairy products in schools.

2012/07/19
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Recital 32

(32) This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand. ~~Rules on producer organisations, operational programmes and Union financial assistance only apply to fruit and vegetables and fruit and vegetables solely intended for processing.~~

2012/07/19
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Recital 85

(85) Producer organisations and their associations can play useful roles in concentrating supply, improving marketing, correcting imbalances in the value chain and promoting best practices. Interbranch organisations can play important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency. Existing rules on the definition and recognition of such organisations and their associations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in EU law in all sectors.

2012/07/19
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Recital 91

(91) In order to ensure the ~~rational~~ viable development of production and thus a fair standard of living for ~~dairy~~ farmers, their bargaining power vis-à-vis pro~~cesso~~spective purchasers should be strengthened, which should result in a fairer distribution of value-added along the supply chain. Therefore, in order to attain these CAP objectives, a provision should be adopted pursuant to Articles 42 and 43(2) of the Treaty to allow producer organisations cons~~tituted by dairy~~isting of farmers or their associations to negotiate the terms of any contract ~~term~~s, including price, for some or all of ~~its~~their members'’ production with a ~~dairy. In order to maintain effective competition on the dairy market, this possibility should be subject to appropriate quantitative limits~~purchaser, so as to prevent purchasers imposing prices that are lower than the costs of production.

2012/07/19
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Recital 146 a (new)

(146a) However, for economic, social, environmental and land-use reasons, and to prevent rural depopulation in traditional wine-growing areas, as well as to maintain control over wine products and uphold their diversity and prestige and the quality that has been built up and proven over the years, the current system of restricting vineyard planting rights should be extended beyond the dates on which it is due to come to an end under the current rules (31 December 2015 or 31 December 2018, depending on the case).

2012/07/19
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Part 2 – title 1 – chapter 1 – title

Public intervention ~~and~~, aid for private storage and private supply management

2012/07/19
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 16 – paragraph 1 a (new)

The Commission shall, however, be empowered to adopt delegated acts in accordance with Article 90 to apply this measure to any other sector listed in Article 1 of this Regulation if the circumstances referred to in Article 17(1) apply.

2012/07/20
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 17 a (new)

Article 17a Private Supply Management 1. The Commission shall establish, by means of delegated acts pursuant to Article 160, a Private Supply Management system. 2. The relevant associations of producer organisations that are representative of the market, within the meaning of Article 110, in one of the sectors listed in Article 1(2) and recognised under Article 107 may activate the system by arranging the orderly withdrawal or coordinated processing of the product at times of clear market imbalances in a marketing year with the goal of restoring the normal functioning of the market. 3. The Commission shall be responsible for activating the system and ensuring that it is in line with the goals of the CAP and does not distort the market. 4. The Commission shall lay down, by means of delegated acts pursuant to Article 160, rules governing the operation of the Private Supply Management system, in particular: a) general rules governing its activation and the way it operates; b) requirements to be met by recognised associations of producer organisations for the system to operate; c) requirements governing the definition of a relevant market made by Member States; d) general rules governing the funding of the Private Supply Management system.

2012/07/20
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 30 – paragraph 1 – point a

a) financial contributions of members or of the producer organisation itself; or a combination thereof.

2012/07/20
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 30 – paragraph 2 a (new)

2a. The Commission shall establish the conditions under which the organisations of producers of fruit and vegetables may – where appropriate – set up operational funds and set out arrangements for financing them. It shall lay down specific rules to ensure that the amount of Community financial aid received by the association of producer organisations and by their partner producer organisations does not exceed the ceiling set in Article 32(2).

2012/07/20
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b

b) improvement of product quality, for both fresh and processed products;

2012/07/20
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point e

e) environmental measures and methods of handling, processing and production respecting the environment, including organic farming;

2012/07/20
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)

The operational programmes may be presented and managed, wholly or in part, directly or by delegation, by the associations of producer organisations, under conditions to be established by the Commission.

2012/07/20
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c

c) promotion and communication, whether preventive or during periods of crisis;

2012/07/20
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 43 a (new)

Article 43a Promotion of moderate consumption in the internal market The provisions under the previous headings shall also apply within the EU internal market, with special emphasis on moderate and intelligent consumption of wine.

2012/07/23
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 48 – title

Investments and other eligible expenditure

2012/07/23
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 48 – paragraph 1 – introductory part

1. Support may be granted for tangible or intangible investments and other eligible expenditure in processing facilities, winery infrastructure and marketing of wine which improve the overall performance of the enterprise and concern one or more of the following:

2012/07/23
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1

Support under paragraph 1 at its maximum rate shall apply ~~only to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the defini~~to enterprises, producer organisations o~~f micro, small and medium-sized enterprises25~~r cooperatives.

2012/07/23
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 48 – paragraph 5 a (new)

5a. For the purposes of this article, other eligible expenditure shall include the recruitment of material and/or human resources to improve the commercialisation of wine products produced in the EU, as defined in Annex VI, Part II, of this regulation.

2012/07/23
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 48 – paragraph 5 b (new)

5b. This measure may be applied throughout the territory of the EU, including in the country of origin of the applicant for the aid involved.

2012/07/23
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 103 b (new)

Article 103b Prohibition on planting new vines 1. In general, the planting of vines of wine grape varieties classifiable according to Article 24(1) of Council Regulation (EC) 479/2008 of 29 April 2008 shall be prohibited. 2. The grafting-on of the wine grape varieties referred to in the aforegoing paragraph 1, to varieties other than wine grape varieties referred to in the article cited shall also be prohibited. 3. Notwithstanding paragraphs 1 and 2, plantings and grafting-on as referred to in those paragraphs shall be permitted if covered by: a) a new planting right granted pursuant to Article 103c; b) a replanting right granted pursuant to Article 103d; c) a planting right granted from a reserve as provided for in Articles 103e and 103f. 4. The planting rights referred to in paragraph 3 shall be granted in hectares. 5. Articles 103c to 103f shall apply at least until 31 December 2020. 6. Member States may decide to extend in their territory the date fixed in the previous paragraph. In such case the rules governing the planting rights regime laid down in this Article shall apply accordingly in the given Member State.

2012/07/24
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 103 c (new)

Article 103c New planting rights 1. Without prejudice to the previous Article, Member States may grant new planting rights to producers in respect of areas: a) intended for new plantings carried out under measures for land consolidation or measures concerning compulsory purchases in the public interest adopted under national law; b) intended for experimental purposes; c) intended for graft nurseries; or d) whose wine or vine products are intended solely for consumption by the wine-grower’s household. 2. New planting rights granted shall be: a) exercised by the producer to whom they are granted; b) used before the end of the second wine year after the one in which they were granted; c) used for the purposes for which they were granted.

2012/07/24
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 103 d (new)

Article 103d Replanting rights 1. Member States shall grant replanting rights to producers who have grubbed up a legally recognised and registered area planted with vines. However, grubbed-up areas for which a grubbing-up premium has been granted shall not generate replanting rights. 2. Member States may grant replanting rights to producers who undertake to grub up an area planted with vines. In such cases, the grubbing-up of the pledged area shall be carried out at the latest at the end of the third year after which new vines for which the replanting rights had been granted have been planted. 3. Replanting rights granted shall correspond to the equivalent of the grubbed-up area in terms of pure crop. 4. The replanting rights shall be exercised on the holding in respect of which they were granted. Member States may further stipulate that such replanting rights may be exercised only on the area where the grubbing-up was carried out. 5. By way of derogation from paragraph 4, Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State in the following cases: a) part of the holding concerned is transferred to that other holding; b) areas on that other holding are intended for: i) the production of wines with a protected designation of origin or a protected geographical indication, or ii) the cultivation of graft nurseries. Member States shall ensure that the application of the derogation provided for in the first subparagraph does not lead to an overall increase in production potential on their territory, in particular when transfers are made from non- irrigated to irrigated areas. 6. Paragraphs 1 to 5 shall apply mutatis mutandis to rights similar to replanting rights acquired under prior Community or national legislation. 7. Replanting rights granted under Article 4(5) of Regulation (EC) No 1493/1999 shall be used within the periods provided for therein.

2012/07/24
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 103 e (new)

Article 103e Reserves of planting rights 1. In order to improve management of the production potential, Member States shall create a national reserve or regional reserves of planting rights. 2. Member States which have established national or regional reserves of planting rights under Regulation (EC) No 1493/1999 may maintain those reserves as long as they apply the planting right regime in accordance with this Subsection. 3. The following planting rights shall be allocated to national or regional reserves if they are not used within the prescribed period: a) new planting rights; b) replanting rights; c) planting rights granted from the reserve. 4. Producers may transfer replanting rights to national or regional reserves. The conditions of such transfer, where necessary in return for a payment from national funds, shall be determined by the Member States taking into account the legitimate interests of the parties. 5. By way of derogation from paragraph 1, Member States may decide not to implement a reserve system provided that they can prove that an effective alternative system for managing planting rights exists throughout their territory. The alternative system may, where necessary, derogate from the relevant provisions of this Subsection.

2012/07/24
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 103 f (new)

Article 103f Planting rights from a reserve 1. Member States may grant rights out of a reserve: a) without payment, to producers who are under 40 years of age, who possess adequate occupational skill and competence, who are setting up for the first time and who are established as the head of the holding; b) against payment into national or, if appropriate, regional funds, to producers who intend to use the rights to plant vineyards the production of which has an assured outlet. Member States shall define the criteria for setting the amounts of the payment referred to in point b), which may vary depending on the final intended product of the vineyards concerned and the remaining lifetime of the rights being transferred. 2. Where planting rights granted from a reserve are used, Member States shall ensure that: a) the location, the varieties and the cultivation techniques used guarantee that the subsequent production is adapted to market demand; b) the yields concerned are typical of the average in the region, in particular where planting rights originating in non- irrigated areas are used in irrigated areas. 3. Planting rights granted from a reserve which are not used before the end of the second wine year after the one in which they were granted shall be forfeited and re-allocated to the reserve. 4. Planting rights in a reserve which are not disbursed before the end of the fifth wine year following their allocation to the reserve shall be extinguished. 5. If regional reserves exist in a Member State, the Member State may lay down rules permitting the transfer of planting rights between regional reserves. If both regional and national reserves exist in a Member State, the Member State may also allow for transfers, which may be subject to a reduction coefficient, between those reserves.

2012/07/24
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 103 i (new)

Article 103j Implementing measures The measures necessary for the implementation of this Subsection shall be adopted in accordance with the procedure referred to in Article 162 of this Regulation. Those measures may include any of the following: a) provisions to avoid excessive administrative charges when applying said provisions; b) the co-existence of vines pursuant to Article 103f(2); c) the application of the reduction coefficient referred to in Article 103f(5).

2012/07/24
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii a (new)

(viia) developing initiatives to improve quality and promote innovation in agri- foodstuffs;

2012/07/25
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 106 a (new)

Article 106a Requirements, rules and recognition of producer organisations for processed fruit and vegetables 1. Member States shall recognise as producer organisations in the fruit and vegetables and processed fruit and vegetables sector all legal entities or clearly defined parts of legal entities which apply for such recognition, have been created on the initiative of producers of one or more of the products listed in Annex XX and Annex XX, and satisfy the following conditions: (a) they develop environmentally sound cultivation practices, production techniques and waste management practices in particular to protect the quality of water, soil and landscape and to preserve or encourage biodiversity, and the objective of the concentration of supply and the placing on the market of the products produced by its members, (b) they ensure that production is planned and adjusted to demand, particularly in terms of quality and quantity, (c) they optimise production costs and stabilise producer prices; (d) they increase the commercial value of production through processing as the case may be. 2. Member States shall recognise fruit and vegetable producer organisations provided that they also fulfil the following conditions: (a) they have a minimum number of members and cover a minimum volume or value of marketable production to be laid down by Member States, and provide the relevant evidence therefore; (b) there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply, to which end Member States may decide which of the products, or groups of products referred to in Article ... should be covered by the producer organisation; (c) they effectively enable their members to obtain technical assistance in using environmentally-sound cultivation practices; (d) they effectively provide their members, where necessary, with the technical means for collecting, storing, packaging and marketing their produce; (e) they ensure proper commercial and accounting management of their activities; and (f) they do not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 33 of the Treaty. 3. The rules of association of fruit and vegetable producer organisations shall require their producer members to: (a) apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment; (b) belong to only one producer organisation in respect of a given holding's production of any given product referred to in point (a)(iii) of Article 122; (c) market their entire production concerned through the producer organisation; (d) provide the information requested by the producer organisation for statistical purposes, in particular on growing areas, quantities cropped, yields and direct sales; (e) pay the financial contributions provided for in its rules of association for the establishment and replenishment of the operational fund provided for in Article 103b. 4. Notwithstanding paragraph 1(c), where the producer organisation so authorises and where this is in compliance with the terms and conditions laid down by the producer organisation, the producer members may: (a) sell no more than a fixed percentage of their production and/or products directly on their holdings and/or outside their holdings to consumers for their personal needs, such percentages being fixed by Member States at not less than 10%; (b) market themselves or through another producer organisation designated by their own organisation, quantities of products which are marginal in relation to the volume of marketable production of their organisation; (c) market themselves or through another producer organisation designated by their own organisation products which, because of their characteristics, are not normally covered by the commercial activities of the producer organisation concerned. 5. The rules of association of a producer organisation shall also provide for: (a) procedures for determining, 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 rules 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, particularly a minimum membership period; (f) the accounting and budgetary rules necessary for the operation of the organisation. 6. Producer organisations in the fruit and vegetables sector shall be deemed as acting in the name of, and on behalf of, their members in economic matters. 7. For the recognition of fruit and vegetable producer organisations, Member States shall: (a) decide whether to grant recognition to a producer organisation within three months of the lodging of an application accompanied by all the relevant evidence; (b) carry out checks at regular intervals to ascertain that producer organisations comply with this Chapter, impose the penalties on such organisations in the event of non-compliance or irregularities concerning the provisions of this Regulation and decide, where necessary, to withdraw recognition; (c) notify the Commission, once per year, of every decision to grant, refuse or withdraw recognition.

2012/07/25
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 107 – paragraph 2 a (new)

Associations of producer organisations shall have the right to apply private supply management pursuant to Article 17a.

2012/07/25
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 112 – paragraph 1 – introductory part

Taking into account the need to encourage action by the organisations referred to in Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning ~~the live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors~~all sectors in Article 1(2), on measures:

2012/07/25
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 113 b (new)

Article 113b Contractual negotiations with other sectors Contractual negotiations in other sectors, including the fruit and vegetables sectors and processors Without prejudice to Articles 104 and 105, provisions shall be adopted in accordance with Article 42 and paragraph 2 of Article 43 of the Treaty on the Functioning of the European Union to enable recognised producer organisations and cooperatives comprising farmers or associations of farmers to negotiate the terms of potential contracts with a purchaser, including the price for some or all of their members' production. In order to maintain effective competition in the various agricultural sectors, this scope for negotiation shall be subject to appropriate limits to be laid down jointly by the European Parliament and the Council, as is the case in the milk sector; those limits may take the form, for example, of a percentage of Union production or of the production of any Member State covered by such negotiations. When negotiating prices for potential contracts between the producers listed in the first subparagraph and purchasers, in accordance with the requirements under the previous subparagraph, and in order to make for the fairer distribution of the added value generated throughout the supply chain, account may be taken of objective indicators linked to production costs.

2012/07/25
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 144 – paragraph 3 a (new)

(3a) Notwithstanding the provisions of the previous paragraphs, the Commission shall monitor action by the national competition authorities in order to ensure that the rules of competition law are applied and interpreted uniformly in the sectors covered by this Regulation and that such action is taken in accordance with single market principles. To that end, it shall publish best practice guidelines to assist the sector in question and the various authorities.

2012/07/25
Committee: AGRI

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)

(ba) by 31 December 2018 at the latest, evaluating the operation and effectiveness of market management tools, relating in particular to Articles 10 to 17a, and their consistency with the objective of assuring the availability of supplies in line with Article 39 of the Treaty on the Functioning of the European Union. This study shall be submitted to the Council and the European Parliament along with the legislative proposals required to establish an EU-wide strategy to assure the availability of supplies for the EU population.

2012/07/25
Committee: AGRI