BETA

28 Amendments of Michel DANTIN related to 2010/0385(COD)

Proposal for a regulation
Article 70 a (new) - in subsection III

Article 70a Method for the calculation of the levy Milk or milk products marketed within the meaning of Article 5(h) of Regulation (EC) No 1788/2003 shall be taken into account for calculating the levy at the moment they leave any holding on the territory of the Member State or are used at the holding for commercial purposes. Where milk or milk products leave the holding for the purpose of destruction in application of sanitary measures pursuant to a decision of the competent authority of the Member State, the quantities concerned shall not be taken into account as deliveries or direct sales. Milk which leaves the holding for treatment or processing under contract shall be deemed deliveries.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 75

1. Purchaser status shall be subject to prior approval by the Member State ~~in accordance with criteria to be lai~~. 2. Without prejudice to stricter rules laid down by the Member State concerned, purchasers shall be approved only where they: (a) provide proof of their status as dealers under national provisions; (b) have premises in the Member State concerned where the stock records, registers and other documents referred to in Article 24(2) of Regulation (EC) No 595/20041 may be consulted by the Ccom~~mission, by means of delegated acts pursuant to Article 80(1)(f).~~ petent authority; (c) undertake to keep up to date the stock records, registers and other documents referred to in Article 24(2) of Regulation (EC) No 595/2004; (d) undertake to forward the statements and declarations provided for in Article 8(2) of Regulation (EC) No 595/2004 to the competent authority of the Member State concerned at least once a year. 3. Without prejudice to the penalties laid down by the Member State concerned, approval shall be withdrawn where the conditions laid down in paragraph 2(a) and (b) are no longer met. ____________ 1 Commission Regulation (EC) No 595/2004 of 30 March 2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector (OJ L 94, 31.3.2004, p. 22).

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 75 a (new)

Article 75a Obligations of producers Producers shall ensure that purchasers to whom they deliver are approved. The Member States shall lay down penalties where deliveries are made to non- approved purchasers.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 96, paragraph 1, point c

(c) ~~prohibit the marketing~~adopt provisions on wine or vine products intended solely for consumption by a vine grower's family.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 108 a (new)

Article 108a Eligible products 1. Member States may pay the aid on eligible products listed in Annex I to Commission Regulation (EC) No 657/2008 of 10 July 2008 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments1. They may apply stricter standards in compliance with the requirements for eligible products specified in Annex I to Regulation (EC) No 657/2008. 2. In the French overseas departments, milk flavoured with chocolate or otherwise, referred to in Annex I to Regulation (EC) No 657/2008, may be reconstituted milk. 3. Member States may authorise the addition of a maximum of 5 mg of fluorine per kilogram to category I products. 4. Aid shall only be granted on the products listed in Annex I to Regulation (EC) No 657/2008 to this Regulation if the products comply with the requirements of Regulation (EC) No 852/2004 and Regulation (EC) No 853/2004, and in particular with the requirements concerning preparation in an approved establishment and the identification marking requirements specified in Section I of Annex II to Regulation (EC) No 853/2004. ________________ 1 OJ L 183, 11.7.2008, p. 17.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 108 b (new)

Article 108b Conditions for granting the aid 1. The beneficiaries of the aid shall be pupils in regular attendance at the following types of educational establishment: nursery schools/other pre- school establishments, primary and secondary schools, administered or recognised by the Member State's competent authority. The beneficiaries shall benefit from the aid only on school days. The total number of school days, excluding holidays, shall be notified by the education authority or by the educational establishment to the competent authority of the Member State and, where appropriate, to the applicant. Pupils shall not benefit from the aid during stays at holiday camps. 2. Aid can be applied for by: (a) an educational establishment; (b) an education authority in respect of the products distributed to the pupils within its area; (c) the supplier of the products, if the Member State so provides; (d) an organisation acting on behalf of one or more educational establishments or education authorities and specifically established for that purpose, if the Member State so provides. 3. Applicants for aid must be approved for that purpose by the competent authority of the Member State in which the educational establishment to which the products are supplied is located.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 109 – paragraph 1

1. In order to take account of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market, the Commission shall, by means of delegated acts, determine the products referred to in Article 108(1).deleted

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 109 – paragraph 2

2. In order to ensure that the appropriate beneficiaries and applicants qualify for the aid referred to in Article 108(1), the Commission shall, by means of delegated acts, adopt the conditions for granting aid. In order to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts, adopt ~~measures to prevent fraud and irregularities including: (a) the suspension of the right to participate in the aid scheme, (b)~~ the lodging of a security guaranteeing the execution where an advance of aid is paid~~, and (c) the application of penalties to deter fraudulent behaviour~~.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 118

~~In order to ensure an efficient and t~~Delegated powers Financing of recognition plans 1. The rates of aid referred to in Article 117(3) shall be reduced by half in relation to margketed ~~use of support to~~production which exceeds EUR 1 000 000. 2. The aid referred to in Article 117(1)(a) shall be subject to a ceiling for each producer group~~s in the fruit and vegetables sector, the Commission~~ of EUR 100 000 per annual segment. 3. Where a segment of implementation does not run for a complete calendar year the ceilings referred to in paragraph 2 shall be reduced proportionately. 4. The aid referred to in Article 117(1) shall, b~~y means of delegated acts, adopt rules on: (a) the financing of~~e paid: (a) in annual or half-yearly instalments at the end of each annual or half-year period for the implementation of the recognition plans; of a producer group; (b) the thresholds and ceilings for aid and the degree of Union co-financing; (c) the basis for the calculation of the aid, including the value of the marketed production of a producer group; (d) the eligibility of producer groups; (e) the main activities of a producer group; (f) the content, submission and approval of recognition plans; (g) the conditions under which producer groups may request changes to recognition plans; (h) aid for investments; (i) mergers of producer groupsr (b) in instalments covering part of an annual period if the plan starts during the annual period or if recognition occurs before the end of an annual period. In order to calculate the instalments, the Member States may use as a basis the marketed production corresponding to a period other than that in respect of which the instalment is paid, where checks so require. The difference between the periods shall be less than the actual period concerned. 5. The exchange rate applicable to the amounts referred to in paragraphs 1 and 2 shall be the rate most recently published by the European Central Bank prior to the first day of the period for which the anid ~~continuance of ai~~in question is granted.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 118 a (new)

Article 118a Union financial contribution 1. The Union’s contribution towards aid as referred to in Article 117(1)(a) shall amount to: (a) 75 % in the regions eligible under the Convergence Objective; and (b) 50 % in other regions. The remainder of the aid shall be paid as a flat-rate payment by the Member State. The aid application shall not be required to include evidence as to the use of the aid. 2. The Union’s contribution towards aid as referred to in Article 117(1)(b), expressed in terms of a capital grant or capital-grant equivalent, shall not exceed, as a percentage of eligible investment costs: (a) 50 % in the regions eligible under the Convergence Objective; and (b) 30 % in other regions. 3. The Member States concerned shall undertake to contribute at least 5 % of eligible investment costs. Beneficiaries of aid towards eligible investment costs shall pay at least: (a) 25 % in the regions eligible under the Convergence Objective; (b) 45 % in other regions.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 118 b (new)

Article 118b Value of marketed production 1. Article 126c shall apply mutatis mutandis to producer groups. 2. Where a reduction in the value of marketed production has occurred due to reasons, duly justified to the Member State, falling outside the responsibility and control of the producer group, the value of the marketed production shall not be less than 65 % of the value declared in the previous application or applications for aid covering the most recent annual segment, as verified by the Member State, and in the absence thereof, of the value declared initially in the approved recognition plan. 3. The value of the marketed production shall be as calculated under the legislation applicable as regards the period for which the aid is claimed.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 118 c (new)

Article 118c Eligibility of producer groups Member States shall evaluate the eligibility of producer groups for the aid under this Regulation in order to establish that the aid is duly justified, taking into account the conditions and the date on which any earlier public aid was granted to the producer organisations or groups from which the members of the producer group in question originate and to any movements of members between producer organisations and producer groups.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 119 - points d - e - f - g - h (new)

(d) the main activities of a producer group; (e) the content, submission and approval of recognition plans; (f) the conditions under which producer groups may request changes to recognition plans; (g) aid for investments; (h) mergers of producer groups and continuance of aid.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 126

~~In order to ensure an efficient, targeted and sustainable support of producer organisation~~Delegated powers Fin the fruit and vegetables sector, the Commission may, by means of delegated acts, adopt rules on: (a) operational funds and operational programmes, including rules on: (i) the financing and use of operational funds; (ii) the content, approval and modification of operational programmes; (iii) the eligibility of measures, actions or expenditure under an operational programme and complementary national rules in this respect; (iv) the relationship between operational programmes and rural development programmes; (v) partial operational programmes; (vi) monitoring and evaluation of operational programmes; (b) the national framework and national strategy for operational programmes, including rules on: (i) the structure and content of a national framework and a national strategy; (ii) monitoring, evaluation and communications in respect of the national framework and the national strategies; (c) Union financial assistance, including rules on: (i) the basis for the calculation of Union financial assistance, in particular the value of the marketed production of a producer organisation; (ii) applicable reference periods for the calculation of aid; (iii) reductions of financial assistance entitlements in case of late submission of aid applications; (iv) the lodging and forfeiture of securities in case of advance payments; (d) crisis prevention and management measures, including rules on: (i) the selection of crisis prevention and management measures; (ii) the definition of market withdrawal; (iii) destinations for withdrawn products; (iv) the maximum support for market withdrawals; (v) prior notifications in case of market withdrawals; (vi) the calculation of the volume of marketed production in case of withdrawals; (vii) the display of the European emblem on packages of products for free distribution; (viii) the conditions for the recipients of withdrawn products; (ix) the definitions of green harvesting and non-harvesting; (x) the conditions for the application of green harvesting and non-harvesting; (xi) the objectives of harvest insurance; (xii) the definition of adverse climatic event; (xiii) the conditions for support for the administrative cost of setting up mutual funds; (e) national financial assistance, including rules on: (i) the degree of organisation of producers; (ii) modifications of operational programmes; (iii) reductions of financial assistance entitlements in case of late submission of financial assistance applications; (iv) the lodging, releasing and forfeiture of securities in case of advance payments; (v) the maximum proportion of union reimbursement of the national financial assistanceancing of operational funds The financial contributions to the operational fund referred to in Article 120(1) shall be determined by the producer organisation. All producers shall have the opportunity to benefit from the operational fund, and all producers shall have the opportunity to participate democratically in decisions concerning the use of funds of the producer organisation and the financial contributions to the operational funds.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 126 a (new)

Article 126a Eligibility of measures, actions or expenditure under operational programmes 1. Member States shall set out in the national strategy maximum percentages of the fund which may be spent on any individual measure and/or type of action and/or expenditure in order to ensure an appropriate balance between different measures. 2. Member States may adopt rules complementing Regulation (EC) No 1182/2007 and this Regulation concerning the eligibility of measures, actions or expenditure under operational programmes.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 126 b (new)

Article 126b Value of marketed production for producer organisations 1. For the purposes of this Chapter, the value of marketed production for a producer organisation shall be calculated on the basis of the production of the producer organisation’s members for which the producer organisation is recognised. 2. The value of the marketed production shall include the production of members who leave or join the producer organisation. The Member States shall determine the conditions to avoid duplicate counting. 3. The value of the marketed production shall not include the value of processed fruit and vegetables or any other product that is not a produce of the fruit and vegetables sector. However, the value of the marketed production of fruit and vegetables intended for processing, which have been transformed into one of the processed fruit and vegetables listed in Part X of Annex I or any other processed agricultural product referred to in this Article and described further in Annex VIa, by either a producer organisation, an association of producer organisations or their producer or cooperative members, or subsidiaries as referred to in paragraph 7 of this Article, either by themselves or through outsourcing, shall be calculated as a flat rate in percentage applied to the invoiced value of these processed products. That flat rate shall be: (a) 53 % for fruit juices; (b) 73 % for concentrated juices; (c) 77 % for tomato concentrate; (d) 62 % for frozen fruit and vegetables; (e) 48 % for canned fruit and vegetables; (f) 70 % for canned mushrooms of the genus Agaricus; (g) 81 % for fruits provisionally preserved in brine; (h) 81 % for dried fruits; (i) 27 % for other processed fruit and vegetables; (j) 12 % for processed aromatic herbs; (k) 41 % for paprika powder. 4. Member States may allow producer organisations to include the value of the by-products in the value of the marketed production. 5. The value of the marketed production shall include the value of market withdrawal disposed of as provided for in points (a) and (b) of Article 10(4) of Regulation (EC) No 1182/2007, estimated at the average price of those products marketed by the producer organisation in the previous year. 6. Only the production of producer organisation members which is marketed by that producer organisation shall be counted in the value of marketed production. The production of producer organisation members marketed by another producer organisation designated by their own organisation, pursuant to Article 213(2)(b) and (c), shall be counted in the value of the marketed production of the second producer organisation. 7. The marketed production of fruit and vegetables shall be invoiced at the ‘ex- producer organisation’ stage where applicable, as produce listed in Part IX of Annex I, which is prepared and packaged, excluding: (a) VAT; (b) internal transport costs, where the distance between the centralised collection or packing points of the producer organisation and the point of distribution of the producer organisation is significant. For the purposes of point (b), Member States shall provide for reductions to be applied to the invoiced value for products invoiced at different stages of delivery or transport. 8. The value of the marketed production may also be calculated at the ex- subsidiary stage, on the same basis as set out in paragraph 6, provided that at least 90 % of the capital of the subsidiary is owned: (a) by the producer organisation or association of producer organisations; or (b) subject to Member State approval, by members, which are cooperatives, of the producer organisations or associations of producer organisations if doing so contributes to the objectives listed in Article 3(1)(b) and (c) of Regulation (EC) No 1182/2007. 9. Where a reduction in production occurs due to a climatic event or animal or plant diseases or pest infestations, any insurance indemnification received in respect of harvest insurance measures covered by Section 6 of Chapter III, or equivalent measures managed by the producer organisation, due to these causes may be included in the value of marketed production.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 126 c (new)

Article 126 c Maximum levels of support for market withdrawals 1. The support, comprising both the Community contribution and the producer organisation contribution, for market withdrawals shall be no more than the amounts set out in Annex X for the products referred to in that Annex. For other products, Member States shall set maximum amounts of support. 2. Market withdrawals shall not exceed 5 % as a proportion of the volume of the marketed production of any given product in any given producer organisation. However, amounts which are disposed of in one of the ways referred to in Article 10(4)(a) and (b)of Regulation (EC) No 1182/2007or any other way approved by Member States shall not be taken into account in that proportion. The volume of marketed production shall be calculated as average of the volume of marketed production in the previous three years. If this information is not available, the volume of marketed production for which the producer organisation was recognised shall be used. The percentages referred to in the first subparagraph shall be annual averages over a three year period, with a 5 % annual margin of error.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 127

The Commission may, by means of implementing acts, adopt all necessary measures relating to this Subsection regarding: (a) the management of operational funds and communications in respect of estimated amounts of operational funds, the relationship between operational programmes and rural development programmes, partial operational programmes; (b) the submission of operational programmes, including time limits and required accompanying documents; (cba) the format of operational programmes; (d) the management of monitoring and evaluation of national strategies and operational programmes pursuant to Article 126(a)(vi); (e) communications by the Member States to the producer organisations and associations of producer organisations in respect of amounts of approved aid; (f) aid applications and payments of aid, including advance and partial payments of aidnational framework and national strategy for operational programmes, including rules on: (i) the structure and content of a national framework and a national strategy; (ii) monitoring, evaluation and communications in respect of the national framework and the national strategies; (c) the format of operational programmes; (d) monitoring and evaluation of national strategies and operational programmes; (da) Union financial assistance, including rules on: (i) applicable reference periods for the calculation of aid; (ii) reductions of financial assistance entitlements in case of late submission of aid applications; (iii) the lodging and forfeiture of securities in case of advance payments; (e) communications by the Member States to the producer organisations and associations of producer organisations in respect of amounts of approved aid; (f) aid applications and payments of aid, including advance and partial payments of aid; (fa) crisis prevention and management measures, including rules on: (i) the selection of crisis prevention and management measures; (ii) the definition of market withdrawal; (iii) destinations for withdrawn products; (iv) prior notifications in case of market withdrawals; (v) the calculation of the volume of marketed production in case of withdrawals; (vi) the display of the European emblem on packages of products for free distribution; (vii) the conditions for the recipients of withdrawn products; (viii) the definitions of green harvesting and non-harvesting; (g) loans to finance crisis prevention and management measures; (h) the respect for marketing standards in case of withdrawals; (i) transport, sorting and packaging costs in case of free distribution; (j) promotion, communication and training measures in case of crisis prevention and management; ~~k) the management of harvest insurance measures;~~(ja) the conditions for the application of green harvesting and non-harvesting; (jb) the objectives of harvest insurance; (jc) the definition of adverse climatic event; (jd) the conditions for support for the administrative cost of setting up mutual funds; (k) the management of harvest insurance measures; (ka) national financial assistance, including rules on (i) the degree of organisation of producers; (ii) modifications of operational programmes; (iii) reductions of financial assistance entitlements in case of late submission of financial assistance applications; (iv) the lodging, releasing and forfeiture of securities in case of advance payments; (v) the maximum proportion of Union reimbursement of the national financial assistance. (l) provisions on state aids for crisis prevention and management measures; (m) the authorisation to pay national financial assistance; (n) application for and payment of national financial assistance; (o) reimbursement of national financial assistance.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 139 - paragraph 3 - subparagraph 2 a (new)

'The normal renewal of vineyards which have come to the end of their natural life' shall mean the replanting of the same parcel of land with the same variety according to the same system of vine cultivation. Member States may establish further specifications, especially as regards to the age of the vineyards replaced.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 140 - paragraph 1 - subparagraph 1 a (new)

Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall be considered green harvesting.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 142 - paragraph 1 - subparagraph 1 a (new)

The expression ‘adverse climatic event' shall have the same meaning as in Article 2(8) of Commission Regulation (EC) No 1857/2006.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 175 - paragraph 2 - point d

d) ~~the demarcation of~~ the geographical area concerned shall be demarcated in a detailed, precise and unambiguous manner;

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 193 - paragraph 1 - point a

~~a) principles for the demarcation of the geographical area, an~~deleted

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 230

1. In order to ensure that the objectives and responsibilities of producer organisations, producer groups in the fruit and vegetables sector, operator organisations in the olive oil and table olives sector and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations and groups, the Commission may, by means of ~~delegated~~implementing acts, adopt ~~rul~~the necessary measures on the following: (a) the requirements applicable to POs, APOs and trader groups; (i) the specific aims to be pursued by such groups and organisations,; (ii) the rules of association~~, the recognition, structure, legal personality, membership, size,~~ and arrangements for establishing democratic accountability of producer organisations; (iii) the conditions for granting recognition or recognition plans, structure, legal personality, conditions of membership, including that of members who are not producers in a PO or of non-PO members in an APO; (iv) size, and the conditions under which it can be determined; (v) accountability and activities of such groups and organisations, the effects deriving from recognition~~, the withdrawal of recognition,~~; (vi) derogations onfrom the minimum size, and mergers; (b) the extension of certain rules ~~of interbranch organisations to non-members; c~~to non-members and the procedure relating to the extension of rules: (i) transnational producer organisations and transnational associations of producer organisations including administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation; d(ii) outsourcing of activities and the provision of technical means by producer organisations or associations of producer organisations; e(iii) the minimum volume or value of marketable production of a producer organisation; f) derogations from the requirements laid down in Articles 209, 210 and 212; g) sanctions in case of non-respect of recognition criteria. 2. The Commission may, by means of implementing acts, adopt the necessary measures relating to this Chapter, in particular on: a(iv) notifications to be made by the Member States; b(v) applications for recognition ~~as a producer organisation; c) the implementation of recognition plans by producer groups; d) the extension of the recognition; e) checks and verification~~; (vi) control and verification arrangements; (vii) arrangements for implementing sanctions in case of non-respect of recognition criteria.

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 238 – paragraph 1 – introductory phrase

1. In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports of the products in question, the Commission may, after having announced an impact study, by means of delegated acts, determine:

2011/06/28
Committee: AGRI

Proposal for a regulation
Article 268 - paragraph 1 - introductory phrase

1. In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring eximports of the products in question, the Commission may, after having announced an impact study, by means of delegated acts, determine:

2011/06/28
Committee: AGRI

Proposal for a regulation
Annex V - part A - section III - point 2 - subparagraph 1a

Member States shall be authorised to subdivide each of the classes provided for in points 1. and 2. into a maximum of three subclasses.

2011/06/28
Committee: AGRI

Proposal for a regulation
Annex V - part C - section III

1. The carcasses shall be classified by way of application of the provisions in point A.III. mutatis mutandis. However, the term 'round' in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be replaced by the term 'hindquarter'. 2. By way of derogation from point 1, for lambs of less than 13 kg carcass weight, Member States may be authorised by the Commission, by means of an implementing act without the assistance of the Committee referred to in Article 323(1), to use the following criteria for classification: (a) carcass weight; (b) colour of meat; (c) fat cover.

2011/06/28
Committee: AGRI