Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | AGRI | NICHOLSON James ( ECR) | DANTIN Michel ( PPE), TARABELLA Marc ( S&D), REIMERS Britta ( ALDE), HÄUSLING Martin ( Verts/ALE) |
Lead committee dossier:
Legal Basis:
TFEU 042-p1, TFEU 043-p2
Legal Basis:
TFEU 042-p1, TFEU 043-p2Subjects
Events
PURPOSE: to propose new measures to improve future stability in the dairy sector.
LEGISLATIVE ACT : Regulation (EU) No 261/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1234/2007 as regards contractual relations in the milk and milk products sector.
CONTENT: following agreement at first reading, the European Parliament and the Council adopted a regulation aiming to improve the functioning of the EU milk sector. The Luxemburg delegation voted against the adoption of the Regulation and the Netherlands, Denmark and Ireland delegations abstained.
The provisions on contractual relations in the milk sector and milk products are a response to the deep crisis which affected this sector in 2008 and 2009, but these measures should also be seen in the context of abolition of the milk quotas regime from 2015.
The main elements of the Regulation include:
· a reinforcement of the bargaining power of milk producers by allowing them to set up producer organisations that on their behalf negotiate collectively contracts for the deliveries of milk ;
· Member States may introduce on their territory: (a) an obligation for formal written contracts for the supply of milk and/or (b) an obligation for the first purchaser of milk to present a written contract offer to the producer, who will be able to accept or reject that offer.
All elements of the contracts should be freely negotiated between the parties. However Member States may determine the minimum duration of contracts between the first purchasers and the producers on their territory (at least 6 months). The producer may reject such a minimum duration and negotiate freely all elements of the contract.
Improving transparency of the EU milk production market: the Regulation introduces an obligation for first purchasers to send monthly declarations on the quantities of milk bought by them. The purpose of this requirement is to monitor the volume of milk collected and developments on the market after the milk quota regime expires.
Management of cheeses with PDO/PGI : Member States may under specific conditions, lay down binding rules on supply management of cheeses with Protected designation of origin / Protected geographical indication (PDO / PGI) in order to adapt the production of PDO/PGI cheeses to the actual demand. The rules should cover the entire production of the cheese concerned and should be requested by an inter-branch organisation, a producer organisation or a group as defined in Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.
Such a request should be supported by a large majority of milk producers representing a large majority of the volume of milk used for that cheese and, in the case of interbranch organisations and groups, by a large majority of cheese producers representing a large majority of the production of that cheese. Moreover, these rules should be subject to strict conditions, in particular in order to avoid damage to the trade in products in other markets and to protect minority rights. Member States should immediately notify to the Commission the adopted rules, ensure regular checks and repeal the rules in case of non-compliance.
Interbranch organisations : Member States may also recognise interbranch organisations which:
· have formally requested recognition and are made up of representatives of economic activities linked to the production of raw milk and linked to at least one of the following stages of the supply chain: processing of or trade in, including distribution of, products of the milk and milk products sector;
· are formed on the initiative of all or some of the representatives;
· carry out, in one or more regions of the Union, taking into account the interests of the members of those interbranch organisations and of consumers, one or more of the activities specified in the text, including improving the knowledge and the transparency of production and the market, and promoting consumption of milk and milk products in both internal and external markets.
Recognition of producer organisations and their associations: Member States shall recognise as producer organisations in the milk and milk products sector all legal entities or clearly defined parts of legal entities applying for such recognition, provided that they meet the requirements laid down in this Regulation. The text sets out the time limits and obligations for Member States.
Contractual negotiations : the Regulation stipulates that the negotiations by the producer organisation may take place:
· provided that, for a particular producer organisation: (i) the volume of raw milk covered by such negotiations does not exceed 3.5% of total Union production, and (ii) the volume of raw milk 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;
· provided that the raw milk 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 these statutes.
Notwithstanding the conditions set out above, a producer organisation may negotiate, provided that, with regard to that producer organisation, the volume of raw milk 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.
By way of derogation, even where the thresholds set out are not exceeded, the national competition authority may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory.
Compulsory declarations : the Regulation stipulates that from 1 April 2015, the first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month.
The term “first purchaser” shall mean an undertaking or group which buys milk from producers in order to: (a) subject it to collecting, packing, storing, chilling or processing, including under a contract; (b) sell it to one or more undertakings treating or processing milk or other milk products.
Contractual relations : if a Member State decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such a contract and/or such an offer for a contract shall fulfil the following conditions:
· the price payable for the delivery, which shall: (i) be static and be set out in the contract, and/or; (ii) be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions , the volume delivered and the quality or composition of the raw milk delivered;
· the volume of raw milk which may and/or must be delivered and the timing of such deliveries;
· the duration of the contract, which may include either a definite or an indefinite duration with termination clauses;
· details regarding payment periods and procedures;
· arrangements for collecting or delivering raw milk;
· rules applicable in the event of force majeure.
Notwithstanding these conditions, two options are offered to the Member States:
· where a Member State decides to make written contracts for the delivery of raw milk compulsory, it may establish a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market; and/or
· where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market.
Member States that make use of these options shall notify the Commission of how they are applied.
Farmers shall have the right to refuse such a minimum duration provided that they do so in writing. In this case, the parties shall be free to negotiate all elements of the contract.
Implementing acts : implementing powers are conferred on the Commission relating to (i) the implementation of conditions for the recognition of producer organisations and their associations and interbranch organisations, (ii) the notifications by those organisations of the volume of raw milk covered by negotiations, (iii) the notifications to be made by the Member States to the Commission concerning those organisations and the rules for the regulation of supply of cheese benefiting from a PDO or a PGI, (iv) detailed rules concerning agreements, decisions and concerted practices in the milk and milk products sector, (v) the content, format and timing of compulsory declarations in that sector, (vi) certain aspects of contracts for the delivery of raw milk by farmers and (vii) the notification, to the Commission, of options taken by the Member State in this respect.
ENTRY INTO FORCE: 02/04/2012.
APPLICATION: 02/04/2012, with the exception of certain provisions which apply from 03/10/2012.
DELEGATED ACTS: the Commission has the power to adopt delegated acts in respect of (i) the conditions for the recognition of transnational producer organisations and transnational associations of producer organisations; (ii) the rules on the establishment and the conditions of administrative assistance in the case of transnational cooperation and (iii) the calculation of the volume of raw milk covered by negotiations by a producer organisation.
The power to adopt delegated acts shall be conferred on the Commission for a period of 5 years from 2 April 2012. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period. Delegated acts shall enter into force only if no objection has been expressed either by the European Parliament or the Council.
The European Parliament adopted by 574 votes to 97, with 18 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1234/2007 as regards contractual relations in the milk and milk products sector.
Parliament adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They amend the Commission proposal as follows:
Inter-branch organisations : Member States may also recognise inter-branch organisations which have formally requested recognition and are made up of representatives of economic activities linked to the production of raw milk and linked to at least one of the following stages of the supply chain: processing of or trade in, including distribution of, products of the milk and milk products sector.
They may also recognise interbranch organisations which carry out, in one or more regions of the Union, taking into account the interests of the members of those interbranch organisations and of consumers, one or more of the following activities :
improving the knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional, national and international level; promoting consumption of, and providing information on, milk and milk products in both internal and external markets; exploring potential export markets; drawing up standard forms of contract compatible with Union rules for the sale of raw milk 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 distortions; providing the information and carrying out the research necessary to adjust production in favour of products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment; maintaining and developing the production potential of the dairy sector, inter alia by promoting innovation and supporting programmes for applied research and development in order to exploit the full potential of milk and milk products, especially in order to create value-added products which are more attractive to the consumer; developing methods and instruments for improving product quality at all stages of production and marketing; exploiting the potential of organic farming and protecting and promoting such farming as well as the production of products with designations of origin, quality labels and geographical indications.
Recognition of producer organisations and their associations : Member States shall recognise as producer organisations in the milk and milk products sector all legal entities or clearly defined parts of legal entities applying for such recognition, provided that they meet the requirements laid down in this Regulation.
In response to an application, Member States may recognise an association of recognised producer organisations in the milk and milk products sector if the Member State concerned considers that this association is capable of carrying out effectively any of the activities of a recognised producer organisation and that it fulfils the conditions laid down in the Regulation.
Member States shall:
decide whether to grant a 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; carry out, at intervals to be determined by them, checks to ascertain that recognised producer organisations and associations of producer organisations are complying with the provisions of this Chapter; 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; inform the Commission once a year, and no later than 31 March, of every decision to grant, refuse or withdraw recognition which they have taken during the previous calendar year.
Contractual negotiations : the amended text stipulates that the negotiations by the producer organisation may take place:
provided that, for a particular producer organisation: (i) the volume of raw milk covered by such negotiations does not exceed 3.5% of total Union production, and (ii) the volume of raw milk 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;
provided that the raw milk 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 these statutes.
Notwithstanding the conditions set out above, a producer organisation may negotiate, provided that, with regard to that producer organisation, the volume of raw milk 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.
By way of derogation, even where the thresholds set out therein are not exceeded, the national competition authority may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory.
Regulation of supply for cheese with a protected designation of origin or protected geographical indication : in view of the importance of protected designations of origin (PDO) and protected geographical indications (PGI), notably for vulnerable rural regions, and in order to ensure the value-added and to maintain the quality of, in particular, cheeses benefiting from PDO or PGI, and in the context of the expiring milk quota system, Member States should be allowed to apply rules to regulate the supply of such cheese produced in the defined geographical area.
The rules should cover the entire production of the cheese concerned and should be requested by an inter-branch organisation, a producer organisation or a group as defined in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.
Such a request should be supported by a large majority of milk producers representing a large majority of the volume of milk used for that cheese and, in the case of interbranch organisations and groups, by a large majority of cheese producers representing a large majority of the production of that cheese. Moreover, these rules should be subject to strict conditions, in particular in order to avoid damage to the trade in products in other markets and to protect minority rights. Member States should immediately publish and notify to the Commission the adopted rules, ensure regular checks and repeal the rules in case of non-compliance.
Compulsory declarations : the Regulation stipulates that from 1 April 2015 , the first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month.
The term “first purchaser” shall mean an undertaking or group which buys milk from producers in order to: (a) subject it to collecting, packing, storing, chilling or processing, including under a contract; (b) sell it to one or more undertakings treating or processing milk or other milk products.
Contractual relations : if a Member State decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such a contract and/or such an offer for a contract shall fulfil the following conditions :
the price payable for the delivery, which shall: (i) be static and be set out in the contract, and/or; (ii) be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions , the volume delivered and the quality or composition of the raw milk delivered; the volume of raw milk which may and/or must be delivered and the timing of such deliveries; the duration of the contract, which may include either a definite or an indefinite duration with termination clauses; details regarding payment periods and procedures; arrangements for collecting or delivering raw milk; rules applicable in the event of force majeure.
Notwithstanding these conditions, two options are offered to the Member States:
where a Member State decides to make written contracts for the delivery of raw milk compulsory, it may establish a minimum duration , applicable only to written contracts between a farmer and the first purchaser of raw milk. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market; and/or where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market.
The Member States which make use of these options shall notify the Commission of how they are applied.
Farmers shall have the right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract.
Delegated acts : the Commission may adopt delegated acts as regards: (i) the conditions for recognising transnational producer organisations and transnational associations of producer organisations; (ii) rules relating to the establishment and the conditions of administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation; (iii) additional rules regarding the calculation of the volume of raw milk covered by the negotiations.
The power to adopt delegated acts shall be conferred on the Commission for a period of five years from the entry into force of the Regulation.
The Committee on Agriculture and Rural Development adopted the report drafted by James NICHOLSON (ECR, UK) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1234/2007 as regards contractual relations in the milk and milk products sector.
It recommends that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should be to amend the Commission proposal as follows:
Rules seeking to improve and stabilise the operation of the common market in milk products : in order to improve and stabilise the operation of the market in dairy products with a protected designation of origin or a protected geographical indication , Members suggest that Member States may establish rules to allow the management of supply, where the groups responsible for a PDO or PGI formally introduce such a demand. Such rules shall be proportionate to the objective pursued and:
may only cover the regulation of supply and shall aim to bring the supply of the product in line with demand; can be taken by way of implementing decisions taken by inter-branch organisations or decisions taken by groups of operators managing the PDO or PGI's; shall not be made binding for more than a (renewable) period of five years of marketing; shall not relate to any transaction after the first marketing of the product concerned; shall not allow for price fixing, including where prices are set for guidance or recommendation; shall not render unavailable an excessive proportion of the product concerned that would otherwise be available; shall not harm competition in the internal market, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected.
Inter-branch organisations : Member States shall also recognise inter-branch organisations which: (a) have formally requested recognition and are made up of representatives of recognised agricultural organisations and the dairy processing industry, with the optional involvement of representatives of the trade and distribution of milk and milk products or of any other actor in the dairy supply chain and/or public authorities; (b) are formally constituted as entities that have democratic governance and representative structures.
They shall also recognise inter-branch organisations which carry out one or more of the following activities in one or more regions of the Union, taking into account the interests of all actors in the dairy supply chain:
helping to coordinate better the way the products of the milk and milk products sector are produced and placed on the market, by means of research and market studies specifically focusing on European quality products in order to emphasise their added value; promoting consumption and providing information on milk and milk products in both internal and external markets; exploring potential export markets; drawing up standard forms of contract compatible with Union rules for the sale of raw milk to dairies and the supply of processed products to distributors and retailers , taking into account the need to achieve fair competitive conditions and to avoid market distortions, in the interests of all actors operating within the industry; developing practices aimed at the prevention and management of the risks linked to the production, processing, marketing and distribution of milk and milk products; maintaining and developing the production potential of the dairy sector; enhancing food safety and security, particularly by ensuring the tracability of milk products; exploiting the potential of organic farming and protecting and promoting such farming as well as designations of origin, quality labels and geographical indications and ) providing information on the particular characteristics of milk and milk products with a protected designation of origin (PGO) or a protected geographical indication (PGI); promoting integrated production recognised and certified at European level as environmentally sound; raising awareness of funding opportunities, promoting innovation and supporting programmes for applied research and development (R&D) in order to exploit the full potential of milk and milk products, especially in order to create value added products which are more attractive to the consumer; and working towards achieving fair distribution of the profits from the food supply chain , and promoting regional and local economic activity by reinforcing cooperative structures and direct sales of milk and dairy products to consumers.
Where raw milk is sourced from less favoured areas (mountainous areas, intermediate LFAs, areas with a specific natural handicap), any transfer of volume collected to an area which is not a LFA, or between different types of LFA, must be authorised in advance by the inter-branch organisation to which the collector and producer concerned belong.
Contractual negotiations in the milk and milk products sector : the amended text stipulates that the negotiation by the producer organisation may take place provided that, for a particular producer organisation:
the volume of raw milk covered by such negotiations does not exceed 3.5 % of total Union production, and the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 40 % of the total national production of that Member State, and the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 40 % of the total national production of that Member State.
In Member States with a total annual raw milk production of less than 500 000 tonnes, the negotiation by the producer organisation may take place if the total volume of raw milk included by a particular producer organisation in such negotiations does not exceed: (a) 75 % of the total national production of any particular Member State concerned, and (b) 75 % of the total combined national production of all the Member States concerned.
Recognition of producer organisations and their associations in the milk and milk products sector : Member States shall recognise as producer organisations in the milk and milk products sector any legal entity or clearly defined part thereof applying for such recognition, provided that they meet certain requirements outlined in the amendments.
In the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, Member States may impose on those organisations the applicable penalties that they have laid down and decide whether, if necessary, recognition should be withdrawn.
Compulsory declarations in the milk and milk products sector : Members consider it essential to specify that the first purchaser shall declare to the competent national authority the quantity details regarding the characteristics, volume and average price paid for raw milk that has been delivered to them each month with a view to accurately assessing global Union milk production and supply, thereby improving transparency throughout the dairy supply chain for the benefit of all actors operating within it.
In the interests of protecting fair competitive practices and in order to avoid market distortion, the commercially sensitive nature of such data shall be taken into consideration before it is made public, which may not be less than 45 days from the date of receipt of those declarations.
Contractual relations : the contract shall include in particular: the milk price payable for the delivery which shall be fixed for no less than one year . The price shall be calculated using a formula specified in the contract. It may be fixed f or a specific volume and for any additional volume, variable according to criteria freely agreed and set out in the contract.
The contract should also include: the rules applicable to the renegotiation of the contract; details regarding payment periods and procedures; arrangements for collecting or delivering the products; the product characteristics; the rules applicable in case of force majeure.
However, with due regard to the principle of subsidiarity, Member States may set the minimum duration of such contracts.
Soft landing : the report underlines the need to facilitate a soft landing for the Union milk quotas system in all Member States of the Union as soon as possible since a hard landing in some Member States could cause price fluctuations in international markets and harm the stability and predictability of the market that is so necessary for European dairy farmers.
Delegated acts : Members have introduced amendments as regards the power to adopt delegated acts conferred on the Commission. The delegation of power shall be conferred on the Commission for a period of five years.
The Committee on Agriculture and Rural Development adopted the report drafted by James NICHOLSON (ECR, UK) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1234/2007 as regards contractual relations in the milk and milk products sector.
It recommends that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should be to amend the Commission proposal as follows:
Rules seeking to improve and stabilise the operation of the common market in milk products : in order to improve and stabilise the operation of the market in dairy products with a protected designation of origin or a protected geographical indication , Members suggest that Member States may establish rules to allow the management of supply, where the groups responsible for a PDO or PGI formally introduce such a demand. Such rules shall be proportionate to the objective pursued and:
may only cover the regulation of supply and shall aim to bring the supply of the product in line with demand; can be taken by way of implementing decisions taken by inter-branch organisations or decisions taken by groups of operators managing the PDO or PGI's; shall not be made binding for more than a (renewable) period of five years of marketing; shall not relate to any transaction after the first marketing of the product concerned; shall not allow for price fixing, including where prices are set for guidance or recommendation; shall not render unavailable an excessive proportion of the product concerned that would otherwise be available; shall not harm competition in the internal market, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected.
Inter-branch organisations : Member States shall also recognise inter-branch organisations which: (a) have formally requested recognition and are made up of representatives of recognised agricultural organisations and the dairy processing industry, with the optional involvement of representatives of the trade and distribution of milk and milk products or of any other actor in the dairy supply chain and/or public authorities; (b) are formally constituted as entities that have democratic governance and representative structures.
They shall also recognise inter-branch organisations which carry out one or more of the following activities in one or more regions of the Union, taking into account the interests of all actors in the dairy supply chain:
helping to coordinate better the way the products of the milk and milk products sector are produced and placed on the market, by means of research and market studies specifically focusing on European quality products in order to emphasise their added value; promoting consumption and providing information on milk and milk products in both internal and external markets; exploring potential export markets; drawing up standard forms of contract compatible with Union rules for the sale of raw milk to dairies and the supply of processed products to distributors and retailers , taking into account the need to achieve fair competitive conditions and to avoid market distortions, in the interests of all actors operating within the industry; developing practices aimed at the prevention and management of the risks linked to the production, processing, marketing and distribution of milk and milk products; maintaining and developing the production potential of the dairy sector; enhancing food safety and security, particularly by ensuring the tracability of milk products; exploiting the potential of organic farming and protecting and promoting such farming as well as designations of origin, quality labels and geographical indications and ) providing information on the particular characteristics of milk and milk products with a protected designation of origin (PGO) or a protected geographical indication (PGI); promoting integrated production recognised and certified at European level as environmentally sound; raising awareness of funding opportunities, promoting innovation and supporting programmes for applied research and development (R&D) in order to exploit the full potential of milk and milk products, especially in order to create value added products which are more attractive to the consumer; and working towards achieving fair distribution of the profits from the food supply chain , and promoting regional and local economic activity by reinforcing cooperative structures and direct sales of milk and dairy products to consumers.
Where raw milk is sourced from less favoured areas (mountainous areas, intermediate LFAs, areas with a specific natural handicap), any transfer of volume collected to an area which is not a LFA, or between different types of LFA, must be authorised in advance by the inter-branch organisation to which the collector and producer concerned belong.
Contractual negotiations in the milk and milk products sector : the amended text stipulates that the negotiation by the producer organisation may take place provided that, for a particular producer organisation:
the volume of raw milk covered by such negotiations does not exceed 3.5 % of total Union production, and the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 40 % of the total national production of that Member State, and the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 40 % of the total national production of that Member State.
In Member States with a total annual raw milk production of less than 500 000 tonnes, the negotiation by the producer organisation may take place if the total volume of raw milk included by a particular producer organisation in such negotiations does not exceed: (a) 75 % of the total national production of any particular Member State concerned, and (b) 75 % of the total combined national production of all the Member States concerned.
Recognition of producer organisations and their associations in the milk and milk products sector : Member States shall recognise as producer organisations in the milk and milk products sector any legal entity or clearly defined part thereof applying for such recognition, provided that they meet certain requirements outlined in the amendments.
In the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, Member States may impose on those organisations the applicable penalties that they have laid down and decide whether, if necessary, recognition should be withdrawn.
Compulsory declarations in the milk and milk products sector : Members consider it essential to specify that the first purchaser shall declare to the competent national authority the quantity details regarding the characteristics, volume and average price paid for raw milk that has been delivered to them each month with a view to accurately assessing global Union milk production and supply, thereby improving transparency throughout the dairy supply chain for the benefit of all actors operating within it.
In the interests of protecting fair competitive practices and in order to avoid market distortion, the commercially sensitive nature of such data shall be taken into consideration before it is made public, which may not be less than 45 days from the date of receipt of those declarations.
Contractual relations : the contract shall include in particular: the milk price payable for the delivery which shall be fixed for no less than one year . The price shall be calculated using a formula specified in the contract. It may be fixed f or a specific volume and for any additional volume, variable according to criteria freely agreed and set out in the contract.
The contract should also include: the rules applicable to the renegotiation of the contract; details regarding payment periods and procedures; arrangements for collecting or delivering the products; the product characteristics; the rules applicable in case of force majeure.
However, with due regard to the principle of subsidiarity, Member States may set the minimum duration of such contracts.
Soft landing : the report underlines the need to facilitate a soft landing for the Union milk quotas system in all Member States of the Union as soon as possible since a hard landing in some Member States could cause price fluctuations in international markets and harm the stability and predictability of the market that is so necessary for European dairy farmers.
Delegated acts : Members have introduced amendments as regards the power to adopt delegated acts conferred on the Commission. The delegation of power shall be conferred on the Commission for a period of five years.
PURPOSE: to propose new measures to improve future stability in the dairy sector.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: the milk sector went through a deep crisis due to a shift in demand away from dairy products following exceptionally high prices in 2007. The crisis also showed some shortcomings in the market orientation of the milk sector.
The Commissioner for Agriculture and Rural Development therefore decided to create a High Level Experts' Group on Milk (HLG) to work on a regulatory framework to be put in place for the medium and long term, which can contribute to stabilising the market and producers' income and enhance transparency.
The report and recommendations issued by the HLG were examined by the Council and Presidency conclusions were adopted at the meeting of 27 September 2010. Those conclusions urge the Commission to submit by the end of the year its response to the first three recommendations of the HLG (contractual relations, bargaining power of producers and inter-branch organisations) and to rapidly respond to the HLG recommendation on transparency.
One of the key aspects of HLG's work focussed on areas which relate to the structure of the market and the actors in it : contractual relations, bargaining power, producer organisations and inter-branch organisations.
According to the HLG, the current market structure significantly worsened aspects of the 2009 milk crisis . The existence for a long period of fixed quotas and high institutional prices, with, in effect, guaranteed outlets for dairy commodities created rigidities in the market . Structural adaptation was often inhibited, actors in the production chain were not stimulated to respond to market signals, including price movements, and there were reduced incentives for innovation or productivity gains.
The market structure is very different between and within Member States, but often concentration of supply is much lower than concentration at processing level. This results in an imbalance in bargaining power between these levels. There are also rigidities in the market, with farmers having little choice of dairy (or even of transporters for raw milk).
These factors can lead to a serious lack of adaptation of supply to demand and unfair commercial practices. In particular farmers often do not know what price they will receive for their milk when delivering (which is often fixed much later by dairies on a basis wholly out of the farmer's control).
The distribution of the added value in the chain is not balanced, especially with regard to farmers, and there is a significant problem of price transmission along the chain.
A key problem seems to be between the farmers and the processors and solutions to remedy the situation would focus at this level.
IMPACT ASSESSMENT: no impact assessment was carried out.
LEGAL BASE: the first subparagraph of Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: the present proposal addresses all 4 elements: contractual relations, bargaining power of producers, inter-branch organisations and transparency to the extent that they need an amendment to present provisions.
The proposal provides for optional written contracts between milk producers and processors to be drawn up in advance of deliveries, which should include details of price, timing and volume of deliveries, and duration. Member States can make the use of contracts compulsory in their territory. Cooperatives , in order to take into account their specific nature, are not required to have contracts if their statutes include elements with similar effects.
In order to rebalance bargaining power in the supply chain, the proposal foresees allowing farmers to negotiate contracts collectively through producer organisations . Appropriate quantitative limits to the volume of this negotiation will put farmers on equal footing with the major dairies while maintaining an adequate competition in the raw milk supply. The limits are set at 3.5% of global EU production and 33% of national production, with specific safeguards also provided to avoid serious prejudice in particular to SMEs.
The proposal provides also specific EU rules for inter-branch organisations (IPOs) covering all parts of the chain. They can potentially play useful roles in research, improvement of quality, promotion and spreading of best practice in production and processing methods. They would contribute to improving knowledge and the transparency of production and the market.
It is proposed to apply the rules on the objectives of IPOs in the fruit and vegetables sector to the dairy sector, with appropriate adaptations, so that hardcore restraints of competition (including price fixing and market partitioning) remain excluded and the agreements concerned are submitted to Commission approval.
Again with the purpose of improving knowledge of production and following of developments in the market, it is necessary for the Commission to obtain regular information on volumes of raw milk delivered .
In order to further enhance transparency , joint meetings of the experts of the Management Committee for the Common Organisation of Agricultural Markets together with the Advisory Group on Milk will be organised to assess the market situation and prospects, the objective being to increase awareness as well as reinforce the responsibility of operators in the dairy chain to better take into account market signals and adapt supply to demand.
Lastly, these measures are proposed to remain valid until 2020, with a review in 2014 and 2018.
BUDGETARY IMPLICATION: the proposed measures which can contribute to stabilize the market and producers' income for the medium and long term have no direct impact on the EU Budget.
Documents
- Final act published in Official Journal: Regulation 2012/261
- Final act published in Official Journal: OJ L 094 30.03.2012, p. 0038
- Commission response to text adopted in plenary: SP(2012)213
- Draft final act: 00077/2011/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0044/2012
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A7-0262/2011
- Committee report tabled for plenary, 1st reading: A7-0262/2011
- Committee of the Regions: opinion: CDR0013/2011
- Economic and Social Committee: opinion, report: CES0810/2011
- Amendments tabled in committee: PE460.810
- Amendments tabled in committee: PE462.580
- Committee draft report: PE456.663
- Contribution: COM(2010)0728
- Contribution: COM(2010)0728
- Contribution: COM(2010)0728
- Legislative proposal published: COM(2010)0728
- Legislative proposal published: EUR-Lex
- Committee draft report: PE456.663
- Amendments tabled in committee: PE460.810
- Amendments tabled in committee: PE462.580
- Economic and Social Committee: opinion, report: CES0810/2011
- Committee of the Regions: opinion: CDR0013/2011
- Committee report tabled for plenary, 1st reading/single reading: A7-0262/2011
- Draft final act: 00077/2011/LEX
- Commission response to text adopted in plenary: SP(2012)213
- Contribution: COM(2010)0728
- Contribution: COM(2010)0728
- Contribution: COM(2010)0728
Activities
- Luís Paulo ALVES
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- Alejo VIDAL-QUADRAS
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Contractual relations in the milk and milk products sector (debate)
- Åsa WESTLUND
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Janusz ZEMKE
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Antonello ANTINORO
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Elena Oana ANTONESCU
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Liam AYLWARD
Plenary Speeches (1)
- Georges BACH
Plenary Speeches (1)
- Paolo BARTOLOZZI
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Heinz K. BECKER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Bendt BENDTSEN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- José BOVÉ
Plenary Speeches (1)
- Andrew Henry William BRONS
Plenary Speeches (1)
- David CAMPBELL BANNERMAN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Salvatore CARONNA
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Anna Maria CORAZZA BILDT
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Ricardo CORTÉS LASTRA
Plenary Speeches (1)
- Silvia COSTA
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Joseph CUSCHIERI
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- George Sabin CUTAȘ
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Francesco DE ANGELIS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Rachida DATI
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Albert DESS
Plenary Speeches (1)
- Robert DUŠEK
Plenary Speeches (1)
- Sari ESSAYAH
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Hynek FAJMON
Plenary Speeches (1)
- Mariya GABRIEL
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Pat the Cope GALLAGHER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Béla GLATTFELDER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Julie GIRLING
Plenary Speeches (1)
- Estelle GRELIER
Plenary Speeches (1)
- Françoise GROSSETÊTE
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Carl HAGLUND
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Sergio GUTIÉRREZ PRIETO
Plenary Speeches (1)
- Gunnar HÖKMARK
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Anna IBRISAGIC
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Vincenzo IOVINE
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Cătălin Sorin IVAN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Kent JOHANSSON
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Karin KADENBACH
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Martin KASTLER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Edvard KOŽUŠNÍK
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Alexander Graf LAMBSDORFF
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Marine LE PEN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Astrid LULLING
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- George LYON
Plenary Speeches (1)
- Véronique MATHIEU HOUILLON
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Zofija MAZEJ KUKOVIČ
Plenary Speeches (1)
- Alajos MÉSZÁROS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Louis MICHEL
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Vital MOREIRA
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Claudio MORGANTI
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Elisabeth MORIN-CHARTIER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Sławomir NITRAS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Wojciech Michał OLEJNICZAK
Plenary Speeches (1)
- Marit PAULSEN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Gianni PITTELLA
Plenary Speeches (1)
- Mitro REPO
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Ulrike RODUST
Plenary Speeches (1)
- Marie-Thérèse SANCHEZ-SCHMID
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Antolín SÁNCHEZ PRESEDO
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Vilja SAVISAAR-TOOMAST
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Horst SCHNELLHARDT
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Olle SCHMIDT
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Olga SEHNALOVÁ
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Czesław Adam SIEKIERSKI
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Alyn SMITH
Plenary Speeches (1)
- Csaba SÓGOR
Plenary Speeches (1)
- Bogusław SONIK
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Francisco SOSA WAGNER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Michèle STRIFFLER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Csanád SZEGEDI
Plenary Speeches (1)
- Csaba Sándor TABAJDI
Plenary Speeches (1)
- Claudiu Ciprian TĂNĂSESCU
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Alexandra THEIN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Giommaria UGGIAS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Frank VANHECKE
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Hermann WINKLER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Cecilia WIKSTRÖM
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Janusz WOJCIECHOWSKI
Plenary Speeches (1)
- Andrea ZANONI
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
Amendments | Dossier |
267 |
2010/0362(COD)
2011/03/28
AGRI
267 amendments...
Amendment 100 #
Proposal for a regulation Recital 11 a (new) (11a) It is necessary to facilitate a soft landing for the Union milk quotas system in all Member States of the Union as soon as possible since a hard landing in some Member States could cause price fluctuations in international markets and harm stability and predictability of the market which is so necessary for European dairy farmers.
Amendment 101 #
Proposal for a regulation Recital 11 a (new) (11a) In order to provide an effective early warning of likely market imbalance in the Union milk sector along with greater market transparency, and to facilitate a smooth transition from a quota-regulated supply situation, a Market Monitoring Agency for the Union Milk Sector should be established to collect and disseminate data and information on production and supply, exports and imports, production costs, milk prices at farm level, consumer prices and margins, at all levels of the milk and dairy product supply chain of the Union and Member States. In order to function effectively, the agency should be independent in its operations and should report to the Milk Advisory Group and the Management Committee for the Common Organisation of Agricultural Markets. In order to facilitate a smooth transition to post-quota conditions, the Agency should be established prior to the ending of quotas
Amendment 102 #
Proposal for a regulation Recital 11 a (new) (11a) The Commission should create a price formation observatory to prevent the policy of dumping, among other objectives.
Amendment 103 #
Proposal for a regulation Recital 11 b (new) (11b) It would be desirable for the Commission to provide for the establishment of a European Public Agency for the Observation of Prices and Margins, whose duties would include calculating the full costs of milk production in Europe so as to make it mandatory to take into account the average production costs of 1kg of milk when setting the price of raw milk in contracts, and in order to prevent price dumping. This calculation would have to take the following into account: cost of labour, energy, inputs, veterinary costs, certification costs, investments and costs of compliance with environmental standards. Once signed, contracts would have to be registered with the European Public Agency for the Observation of Prices and Margins, in the interest of transparency of information transfer particularly on prices and volumes, but also in the interest of monitoring.
Amendment 104 #
Proposal for a regulation Recital 11 c (new) (11c) It should be recalled that the 2001 Göteborg summit assigned to European agriculture the objective of sustainability, implying that the effectiveness of agriculture is not confined to its economic competitiveness but also takes into account its environmental, territorial and social effectiveness as well as the objective of equity.
Amendment 105 #
Proposal for a regulation Recital 12 (12) Rules have been introduced at EU level for interbranch organisations in some sectors.
Amendment 106 #
Proposal for a regulation Recital 12 (12) Rules have been introduced at EU level for interbranch organisations in some sectors.
Amendment 107 #
Proposal for a regulation Recital 12 (12) Rules have been introduced at EU level for interbranch organisations in some sectors. These organisations can play useful roles in allowing dialogue between actors in the supply chain, and in promoting best practice and market transparency. Such rules should equally be applied in the milk and milk products sector, along with the provisions clarifying the position of such organisations under competition law
Amendment 108 #
Proposal for a regulation Recital 12 (12) Rules have been introduced at EU level for interbranch organisations in some sectors. These organisations can play useful roles in allowing dialogue between actors in the supply chain, and in promoting best practice and market transparency. Such rules should equally be applied in the milk and milk products sector, along with the provisions clarifying the position of such organisations under competition law whilst ensuring that they do not distort competition or the internal market
Amendment 109 #
Proposal for a regulation Recital 13 (13) In order to follow developments in the market, the Commission needs timely information on volumes of raw milk delivered and on the volumes distributed by the retail chains, to ensure that the information system is complete. Only in this way can the VAT fraud observable in distribution between Member States be avoided. Article 192 of Regulation (EC) No 1234/2007 provides a basis for the exchange of information between the Member States and the Commission. However, provision should be made to
Amendment 110 #
Proposal for a regulation Recital 13 (13) In order to follow developments in the market, the Commission needs to be aware, at any given time, of what is happening on milk market, and to that end needs timely information on volumes of raw milk delivered. Article 192 of Regulation (EC) No 1234/2007 provides a basis for the exchange of information between the Member States and the Commission. However, provision should be made to ensure that processors deliver such information to the Member States on a regular basis. The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of the scope, content, format and timing of such declarations.
Amendment 111 #
Proposal for a regulation Recital 13 (13) In order to follow developments in the market, the Commission needs timely information on volumes of raw milk delivered in order to communicate this information, while respecting the commercial confidentiality of each undertaking. Article 192 of Regulation (EC) No 1234/2007 provides a basis for the exchange of information between the Member States and the Commission. However, provision should be made to ensure that processors deliver such information to the Member States on a regular basis. The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of the scope, content, format and timing of such declarations.
Amendment 112 #
Proposal for a regulation Recital 13 a (new) (13a) Competition policies need to be co- ordinated at Union level in order to ensure uniform interpretation and implementation in all Member States, since the “relevant market” for the dairy sector is in many respects no longer limited to the national borders of Member States, but is increasingly international.
Amendment 113 #
Proposal for a regulation Recital 14 (14) The measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas, if this is ultimately confirmed) to allow them to have full effect.
Amendment 114 #
Proposal for a regulation Recital 14 (14) The measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review to see how they have operated and whether they should continue to apply. This should be dealt with in Commission reports on the development of the milk market, and covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 3
Amendment 115 #
Proposal for a regulation Recital 14 (14) The measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply
Amendment 116 #
Proposal for a regulation Recital 14 (14) The measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration
Amendment 117 #
Proposal for a regulation Recital 14 (14) The measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review to see how they have operated and whether they should continue to apply. This should be dealt with in Commission reports on the development of the milk market, and covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018, without prejudice to an assessment in parallel with the report to be submitted by the Commission by 31 December 2012 on the impact of the gradual increase in milk quotas and accompanied, where necessary, by suitable proposals, in particular as regards effective mechanisms to control production.
Amendment 118 #
Proposal for a regulation Recital 14 a (new) (14a) While the Commission's report of 8 December 2010 ‘Evolution of the market situation and the consequent conditions for smoothly phasing out the milk quota system’ predicts a ‘soft landing’ for Europe's dairy sector, it has emerged that the recognition of inter- branch organisations, and the creation of contractual relations between producers and first purchasers of raw milk, will not be enough on their own. In order to ensure a smooth transition during the period up to 2015, when the milk quota system may expire in all Member States, it is imperative that the Commission propose additional measures.
Amendment 119 #
Proposal for a regulation Recital 14 a (new) (14a) A monitoring centre should be established. It should at regular intervals record data on demand and supply and full costs typical of regions and undertakings and indicate objectives of the EU’s milk policy with representatives of all interest groups in the dairy industry, including consumers, as well as pointing to any changes which need to be made to the legal situation.
Amendment 120 #
Proposal for a regulation Recital 14 a (new) (14a) While the Commission's report of 8 December 2010 'Evolution of the market situation and the consequent conditions for smoothly phasing out the milk quota system' predicts a "soft landing" for Europe's dairy sector, it has emerged that it may not be possible to guarantee this outcome in all Member States. In order to ensure a level playing field and to prevent inhibiting necessary restructuring in the sector, the Commission should investigate what additional measures are required to secure a smooth transition to the end of the milk quota system in 2015 in all Member States, for example, by gradually reducing the super levy. It may be noted, in this regard, that, currently, the Union as a whole is approximately 7 % under quota. Proposals of the European Commission in this regard should be made before the end of 2011.
Amendment 121 #
Recital 14 a (new) (14a) With reference to the European Parliament resolution of 5 May 2010 on ‘agriculture in areas with natural handicaps: a special health check’, it is particularly important that, in future too, measures should be taken in certain areas where there are no alternatives to the burdensome forms of production and products established there (e.g. mountain regions, Nordic regions, grassland regions, etc.) to preserve milk production, in particular, in these areas even after the milk quota system has ceased to operate. Without a functioning milk sector, it will not be possible to preserve farmland in these areas. These measures include, inter alia, marketing measures and measures to protect geographical origin, traditional processing and recipes, traditional specialities and the quality specifications of milk products.
Amendment 122 #
Proposal for a regulation Recital 14 a (new) (14a) An appropriate assessment of the measures laid down in this Regulation, within the agreed time limits, should make it possible to reach a conclusion on their contribution towards achieving the stated objectives, namely improving price transmission along the value chain without squeezing producer prices and guaranteeing management that balances supply and demand, and should be accompanied by proposals for complementary mechanisms to regulate the milk market in the light of the results.
Amendment 123 #
Proposal for a regulation Recital 14 b (new) (14b) In view of the problem relating to price formation along the value chain in the sector, the contractual approach of the measures proposed in this Regulation should be suitably extended to cover commercial relations between major distribution operators and their suppliers.
Amendment 124 #
Proposal for a regulation Recital 15 (15) The
Amendment 125 #
Proposal for a regulation Recital 16 (16) In order to
Amendment 126 #
Proposal for a regulation Article 1 – point 1 a (new) Regulation (EC) 1234/2007 Article 78 – paragraph– subparagraph 2 (1a) In Article 78, paragraph 1, subparagraph 2 is replaced by the following: "The levy shall be set, following the annual decrease of 25% towards the end of the quota system in 2015, per 100 kilograms of milk, at EUR 20,87."
Amendment 127 #
Proposal for a regulation Article 1 – point 1 a (new) Regulation (EC) 1234/2007 Article 113d a (new) Amendment 128 #
1a) The following Article 113da is inserted: Article 113da Specific provisions applicable to quality dairy products In order to improve and stabilise the operation of the market in dairy products with a protected designation of origin or a protected geographical indication in accordance with Regulation (EC) No 510/2006, and of the market in milk produced in mountainous and semi- mountainous areas, the Member State in question may lay down rules to bring volumes in line with demand, particularly by way of decisions taken by inter-branch organisations. Such rules shall be proportionate to the objective pursued and: (a) may only cover the regulation of supply and shall aim to bring the supply of the product in line with demand; (b) may not be made binding for more than five years of marketing; (c) shall not cause any damage to other producers in the Member State concerned or in the Community; (d) shall not relate to any transaction after the first marketing of the product concerned; (e) shall not allow for price fixing, including where prices are set for guidance or recommendation; (f) shall not render unavailable an excessive proportion of the product concerned that would otherwise be available; g) shall not have the effect of preventing an operator from starting production of the product concerned;
Amendment 129 #
Proposal for a regulation Article 1 a (new) Regulation (EC) 1234/2007 Article 113f a (new) Amendment 130 #
Amendment 131 #
Proposal for a regulation Article 1 – point 2 a (new) Regulation (EC) 1234/2007 Article 122 – subparagraph 1 – point c – subparagraph 1 a (new) 2a. In point (c) of the first paragraph of Article 122, the following new paragraph is inserted after point (iii): “As regards the dairy sector and milk products, producer organisations must fulfil the three objectives referred to in point (c) of this Article.”
Amendment 132 #
Proposal for a regulation Article 1 – point 2 a (new) Regulation (EC) 1234/2007 Article 122 - paragraph 4 a (new) (2a) The following paragraph 4a is added to Article 122: “Milk producer cooperatives which were recognised under national law in accordance with the conditions laid down in Article 122(1)(b) and (c) before the entry into force of this Regulation shall continue to be deemed recognised.”
Amendment 133 #
Proposal for a regulation Article 1 – point 2 b (new) Regulation (EC) 1234/2007 Article 122 - paragraph 4 b (new) (2b) The following paragraph 4b is added to Article 122: “Member States shall recognise producer organisations in the milk and milk product sector under the same conditions as referred to in paragraph 1(b) and (c). The Commission may adopt implementing provisions relating to transnational producer organisations in this field and to the assistance to be provided by the competent authorities to other authorities in the event of transnational cooperation. Member States shall lay down all other recognition conditions.”
Amendment 134 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – introductory part 4.
Amendment 135 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 - introductory part 4. Member States may
Amendment 136 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point a (a)
Amendment 137 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point a (a) are made up of
Amendment 138 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point a (a) are made up of effective representatives of economic activities linked to
Amendment 139 #
Proposal for a regulation Article 1 – point 3 (a) are made up of representatives of economic activities linked to the production
Amendment 140 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point a (a) are made up of representatives of economic activities linked to the production
Amendment 141 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point a (a)
Amendment 142 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point a (a) are made up of representatives of economic activities linked to the production of, trade in,
Amendment 143 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point a (a) are made up of representatives of economic activities linked to the production of, trade in, or processing of products of the milk and milk products sector, and are formally constituted or registered as entities that have democratic governance and representative structures;
Amendment 144 #
(a) a is required to open and conclude negotiations held under its auspices to set milk producer prices for a given period on the basis of the average production costs of a sustainable milk production process.
Amendment 145 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point b (b)
Amendment 146 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – introductory part (c) carry out
Amendment 147 #
Proposal for a regulation Article 1 – point 3 (i) improving knowledge and the transparency of production and the market for the benefit of all components of the milk supply chain, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional
Amendment 148 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint i (i) improving knowledge and the transparency of production and the market for the benefit of all components of the milk supply chain, particularly milk producers, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments
Amendment 149 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint ii ii) helping to coordinate better the way the products of the milk and milk products sector are produced and placed on the market,
Amendment 150 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint ii ii) helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research
Amendment 151 #
Proposal for a regulation Article 1 – point 3 (ii) helping to coordinate better the way the products of the milk and milk products sector are placed on the market
Amendment 152 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint ii (ii) helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research and market studies, including potential export markets;
Amendment 153 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint ii a (new) Amendment 154 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint ii a (new) (iia) promoting consumption.
Amendment 155 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint iii (iii) drawing up standard forms of contract compatible with Union rules; for the sale of raw milk to dairies and the supply of processed products to distributors and retailers in an integrated approach, taking into account the need to achieve fair competitive conditions and to avoid market distortions, in the interests of all members of the industry, Member States agreeing on the modalities of use of standard contracts in transaction within the sector;
Amendment 156 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint iii a (new) iii (a) undertaking collective action for the prevention and management of the risks linked to the production, processing, marketing and distribution of milk and milk products;
Amendment 157 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint iv (iv) providing the information and carrying out the research necessary to adjust production towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment, the climate and animal welfare;
Amendment 158 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint iv a (new) iv (a) maintaining and developing the production potential of the dairy sector;
Amendment 159 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint v Amendment 160 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint vi (vi) developing methods and instruments for improving product quality at all stages of production and marketing
Amendment 161 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint vi vi) developing methods and instruments for improving product quality at all stages of production and marketing, also by adopting supply management tools and through producers' financial participation in quality improvement programmes in the light of market demands;
Amendment 162 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint vi a (new) vi (a) enhancing food safety and health safety, particularly by ensuring the traceability of milk products;
Amendment 163 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint vi b (new) vi (b) undertaking measures to promote innovation and programmes for applied research, experimentation and development, including by investing in such programmes;
Amendment 164 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint vii (vii) exploiting the potential of organic farming and protecting and promoting such farming as well as designations of origin, quality labels, product labelling and geographical indications; and
Amendment 165 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint vii a (new) (viia) promoting research and development strategies for milk sector products in order to create value-added products that are more attractive to consumers and that allow producers to receive more satisfactory remuneration;
Amendment 166 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint vii a (new) vii (a) promoting grassland production and the significant contribution to the market made by its quality products;
Amendment 167 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint viii (viii) promoting
Amendment 168 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint viii a (new) (viiia) implementation of advertising measures within the Union for milk and milk products produced in ways which are particularly sound from the point of view of the environment, climate and animal welfare;
Amendment 169 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint viii a (new) (viiia) ensuring just distribution of the profits from the food supply chain, particularly by shortening the production chain and promoting regional economic activity by reinforcing cooperative structures and direct marketing;
Amendment 170 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 – point c – subpoint viii a (new) (viiia) providing information on the particular characteristics of milk and milk products with a protected designation of origin (PGO) or a protected geographical indication (PGI); this information should include details concerning: - the naturalness of the product (admixture of substances foreign to milk); - the places of production (sites of production and processing). Member States shall ensure that the labelling of milk products and imitations thereof is clearly defined and that penalties apply for infringements;
Amendment 171 #
Proposal for a regulation Article 1 – point 3 Regulation (EC) 1234/2007 Article 123 – paragraph 4 a (new) 4a Where raw milk is sourced from less favoured areas (mountainous areas, intermediate LFAs, areas with a specific natural handicap), any transfer of volume collected to an area which is not a LFA, or between different types of LFA, must be authorised in advance by the inter- branch organisation to which the collector and producer concerned belong.
Amendment 172 #
Proposal for a regulation Article 1 – point 3 a (new) Regulation (EC) 1234/2007 Article 123 a (new) 3(a) A new Article 123a is inserted: Article 123a Regulation of the supply of milk products with a protected designation of origin or a protected geographical indication 1. In order to improve and stabilise the operation of the market in milk products with a protected designation of origin or a protected geographical indication in accordance with Regulation (EC) No 510/2006, the Member State in question may lay down rules to bring volumes in line with demand, particularly by way of implementing decisions taken by inter-branch organisations. 2. The decisions and measures taken by the Member States in year n in accordance with this article shall be notified to the Commission before 1 March of year n+1.
Amendment 173 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) No 1234/2007 Article 126 a – paragraph -1 (new) -1. Contractual negotiations in the milk and milk products sector must be based on a code of practice and may be kept under review by specialised bodies in Member States, laying emphasis on the transparency of transaction documents, as reflected in clear indications of the value of deliveries and the net amounts to be paid for them.
Amendment 174 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 1 1. Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 185f(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 122, on behalf of its farmer members for part or all of their joint production, regardless of whether the processor is a cooperative and regardless of whether the producer is a member of this or of another cooperative. Farmers who are members of a cooperative may, at the same time, be members of such a producer organisation.
Amendment 175 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 1 1. Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 185f(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 122, on behalf of its farmer members for part or all of their joint production. This article shall also apply to cooperatives if their statutes or related agreements or agreements deriving from those statutes contain provisions which produce effects similar to those of the provisions of paragraph 2(a).
Amendment 176 #
Proposal for a regulation - amending act Article 1 – point 4 1. Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 185f(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 122, on behalf of its farmer members for part or all of their joint production. This article shall not apply if the raw milk is delivered by a producer to an enterprise that processes the milk and that enterprise is a cooperative of which the producer is a member.
Amendment 177 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 1 1. Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 185f(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 122, on behalf of its farmer members for part or all of their joint production. This Article shall not apply if the raw milk is delivered by a producer to an enterprise that is a cooperative of which the producer is a member.
Amendment 178 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 1 1. Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 185f(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 122, on behalf of its farmer members for part or all of their joint production. This Article shall not apply if the raw milk is delivered by a producer to an enterprise that is a cooperative of which the producer is a member.
Amendment 179 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 1 1. Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 185f(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 122, on behalf of
Amendment 180 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 1 1. Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 185f(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 122, on behalf of its farmer members for part or all of their joint production. This article shall not apply if the raw milk is delivered by a producer to an enterprise that processes the milk and that enterprise is a cooperative of which the producer is a member, where the conditions relating to contracts laid down in that cooperative's rules on delivery correspond to the provisions of this Regulation.
Amendment 181 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 1 1. Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 185f(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 122, on behalf of its farmer members for part or all of their joint production, provided that the proportion in question is not less than 75%..
Amendment 182 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – introductory part 2. The negotiation by
Amendment 183 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (a) (a)
Amendment 184 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (b) b)
Amendment 185 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint i (i) 3
Amendment 186 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint i (i) 3
Amendment 187 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint i i)
Amendment 188 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint i (i) 3.5% of total Union production available for negotiations, and
Amendment 189 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint ii Amendment 190 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint ii ii)
Amendment 191 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint ii (ii)
Amendment 192 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint ii (ii)
Amendment 193 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint ii ii)
Amendment 194 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint ii ii)
Amendment 195 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint ii (ii) 3
Amendment 196 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint ii (ii) 33% of the total national production available for negotiations of any particular Member State covered by such negotiations by that producer organisation, and
Amendment 197 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint iii Amendment 198 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint iii Amendment 199 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint iii (iii)
Amendment 200 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint iii (iii)
Amendment 201 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint iii (iii)
Amendment 202 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint iii (iii) 3
Amendment 203 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (c) – subpoint iii (iii) 33% of the total combined national production available for negotiations of all the Member States covered by such negotiations by that producer organisation,
Amendment 204 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (d) Amendment 205 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (d) (d) provided that the farmers concerned
Amendment 206 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (d) d) provided the farmers concerned are
Amendment 207 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (d) (d) provided the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf, unless there are objective and reasonable grounds for being a member of more than one producer organisation, which do not conflict with the objectives of the producer organisations concerned, and
Amendment 208 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 – point (e) (e) provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates and that it is formally constituted or registered as a body corporate with democratic governance and representative structures.
Amendment 209 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 a (new) 2a. By way of derogation from points (ii) and (iii) of paragraph 2(c), in Member States with a total annual milk production which is deemed to be negligible in relation to the Union average, the negotiation with the producer organisation may take place if the total volume of raw milk included by a particular producer organisation in such negotiations does not exceed: - 75% of the total national production of any particular Member State concerned, and - 75% of the total combined national production of all the Member States concerned.
Amendment 210 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 a (new) Amendment 211 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 a (new) 2a. By way of derogation from points (ii) and (iii) of paragraph 2(c), in Member States with a total annual milk production which is deemed to be small and not more than 2 % of total Union production, negotiations by the producer organisation may take place provided that the total volume of raw milk included by a particular producer organisation in such negotiations does not exceed: - 75% of the total national production of any particular Member State, and - 75% of the total combined national production of all Member States
Amendment 212 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 2 a (new) 2a. By way of derogation from paragraph 2(c) (ii) and (iii), in Member States where total annual milk production is small and does not represent more than 2.5% of total EU production, negotiations may be conducted by the producer organisation provided that the total volume of raw milk included by a particular producer organisation in such negotiations does not exceed: – 75% of the total national production of any particular Member State, and – 75% of the total combined national production of all the Member States.
Amendment 213 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 3 3. For the purposes of this Article, references to producer organisations shall also cover associations of such producer organisations. In order to ensure that these associations may be appropriately monitored, the Commission may, by means of delegated acts, adopt rules on the conditions for recognition of such associations, also with a view to preventing distortions of competition resulting from the creation of monopolies or monopsonies upstream or downstream of the sector.
Amendment 214 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) No 1234/2007 Article 126 a – paragraph 4 4. For the purposes of applying point (c) of paragraph 2, the Commission shall publish, by the methods it considers appropriate,
Amendment 215 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 4 4. For the purposes of applying point (c) of paragraph 2, the Commission shall publish, by the methods it considers appropriate,
Amendment 216 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 Amendment 217 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 – subparagraph 1 5. By way of derogation from paragraph 2(c)(ii) and (iii), even where the threshold of
Amendment 218 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 – subparagraph 1 5. By way of derogation from paragraph 2(c)(ii) and (iii), even where the threshold of
Amendment 219 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 – subparagraph 1 5. By way of derogation from paragraph 2(c)(ii) and (iii), even where the threshold of
Amendment 220 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 – subparagraph 1 5. By way of derogation from paragraph 2(c)(ii) and (iii), even where the threshold of
Amendment 221 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 – subparagraph 1 5. By way of derogation from paragraph 2(c)(ii) and (iii),
Amendment 222 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 – subparagraph 1 5. By way of derogation from paragraph 2(c)(i), (ii) and (iii), even where the threshold of 3
Amendment 223 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) No 1234/2007 Article 126 a – paragraph 5 – subparagraph 1 5.
Amendment 224 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 – subparagraph 1 5. By way of derogation from paragraph 2(c)(ii) and (iii), even where the threshold of 33% is not exceeded, the competition authority referred to in the second subparagraph may decide in an individual case that the negotiation by the producer organisation may not take place if it considers that this is necessary in order to prevent competition being
Amendment 225 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 – subparagraph 1 5. By way of derogation from paragraph 2(c) (i), (ii) and (iii), even where the threshold of 3,5 % or 33 % is not exceeded, the competition authority referred to in the second subparagraph may decide in an individual case that the negotiation by the producer organisation may not take place if it considers that this is necessary in order to prevent competition being
Amendment 226 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 – subparagraph 2 The decision referred to in the first subparagraph shall be taken by the Commission by means of implementing acts and with
Amendment 227 #
Proposal for a regulation - amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 – subparagraph 3 The decisions referred to in the first and second subparagraphs shall not apply earlier than the date of their notification to the
Amendment 228 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 5 a (new) 5a. For the purposes of this Article, the Commission shall draw up criteria or common basic guidelines in respect of the cases in which the national competition authorities may restrict or rule out negotiation.
Amendment 229 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) 1234/2007 Article 126 a – paragraph 6 Amendment 230 #
Proposal for a regulation - amending act Article 1 – point 4 a (new) Regulation (EC) 1234/2007 Chapter II – Section II b (new) Amendment 231 #
Proposal for a regulation - amending act Article 1 – point 6 Regulation (EC) 1234/2007 Article 177 a – paragraph 2 -– point b b) within t
Amendment 232 #
Proposal for a regulation - amending act Article 1 – point 6 Regulation (EC) 1234/2007 Article 177 a – paragraph 2 -– point b β) within t
Amendment 233 #
Proposal for a regulation - amending act Article 1 – point 6 Regulation (EC) 1234/2007 Article 177 a – paragraph 4 -– point a (a) agreements, decisions and concerted practices which may lead to the partitioning of markets in any form
Amendment 234 #
Proposal for a regulation - amending act Article 1 – point 6 Regulation (EC) 1234/2007 Article 177 a – paragraph 4 -– point d d)
Amendment 235 #
Proposal for a regulation - amending act Article 1 – point 6 Regulation (EC) 1234/2007 Article 177 a – paragraph 4 -– point d d) agreements, decisions and concerted practices which entail the fixing of nominal prices;
Amendment 236 #
Proposal for a regulation - amending act Article 1 – point 8 Regulation (EC) 1234/2007 Article 184 – paragraph 10 10) to the European Parliament and the Council by 30 June 2014 and by 3
Amendment 237 #
Proposal for a regulation - amending act Article 1 – point 8 Regulation (EC) 1234/2007 Article 184 – paragraph 10 (10) to the European Parliament and the Council by 30 June 2014 and by 31 December 2018 on the development of the market situation in the milk and milk products sector and in particular on the operation of point (iiia) of the first paragraph of Article 122 and of Articles 123(4), 126a, 177a, 185e and 185f, covering in particular
Amendment 238 #
Proposal for a regulation - amending act Article 1 – point 8 Regulation (EC) 1234/2007 Article 184 – paragraph 10 – subparagraph 1 a (new) If the mid-term reports reveal undesirable effects such as non-compliance with competition rules or disturbance of the good functioning of the internal market resulting from the provisions included in Regulation (EU) No …/….*, these provisions shall be repealed. __________________________ * Insert the name of the amending Regulation
Amendment 239 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 e – paragraph 1 (1) Processors of raw milk and the retail chains shall declare to the competent national authority the quantity of raw milk that has been delivered to them
Amendment 240 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) No 1234/2007 Article 185 e – paragraph 1 1. Processors of raw milk shall declare to the competent national authority the quantity
Amendment 241 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 e – paragraph 1 1. Processors or buyers of raw milk shall declare to the competent national authority the quantity
Amendment 242 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 e – paragraph 1 1. Processors of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month with a view to accurately ascertaining global EU milk production and supply, thereby improving transparency throughout the dairy supply chain for the benefit of all actors operating within it.
Amendment 243 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) No 1234/2007 Article 185 e – paragraph 1 1. Processors of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month, along with all other details considered relevant, for example the characteristics of the milk and the prices, for the purpose of adding constantly to the fund of information resulting from enforcement of the milk quota system rules.
Amendment 244 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) No 1234/2007 Article 185 e – paragraph 2 2. In order to ensure the usefulness
Amendment 245 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 e – paragraph 2 a (new) 2a. In the interests of protecting fair competitive practices and in order to avoid market distortion, the commercially sensitive nature of such data shall be taken into consideration before it is made public, which may not be less than two months from the date of receipt of the aforementioned declarations.
Amendment 246 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 e – paragraph 2 a (new) 2 a. In the interests of protecting fair competitive practices and in order to avoid market distortion, the commercially sensitive nature of such data shall be taken into consideration before they are made public. In order to ensure transparency, decisions not to publish data shall, however, only be taken in special cases and on objective grounds.
Amendment 247 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph - 1a (new) -1a. Each Member State may make the conclusion of a written contract compulsory for every delivery of raw milk by a farmer to a processor of raw milk.
Amendment 248 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 1 Amendment 249 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 1 1.
Amendment 250 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 1 1.
Amendment 251 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) No 1234/2007 Article 185 f – paragraph 1 – subparagraph 1 1.
Amendment 252 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 1 1.
Amendment 253 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 1 1. If a Member State decides that every delivery of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, such contract sh
Amendment 254 #
Proposal for a regulation - amending act Article 1 – point 9 1. If a Member State decides that every delivery of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, such contract sh
Amendment 255 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 2 Amendment 256 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 2 I
Amendment 257 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 2 In the case described in the first subparagraph, the Member State concerned shall also decide
Amendment 258 #
Proposal for a regulation – amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 2 In the case described in the first subparagraph, the Member State concerned shall also decide
Amendment 259 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 2 In the case described in the first subparagraph, the Member State concerned shall also decide that if the delivery of raw milk is made through one or more collectors, each stage of the delivery m
Amendment 260 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 1 – subparagraph 2 In the case described in the first subparagraph, the Member State concerned shall also decide that if the delivery of raw milk is made through one or more collectors, each stage of the delivery m
Amendment 261 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) No 1234/2007 Article 185 f – paragraph 1 – subparagraph 2 In the case described in the first subparagraph, the Member State concerned shall
Amendment 262 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – introductory part 2. The contract
Amendment 263 #
Proposal for a regulation - amending act Article 1 – point 9 2. The contract
Amendment 264 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – introductory part i) the price payable for the delivery, based on the average production costs of sustainable milk production over a given period, which shall:
Amendment 265 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – introductory part (i) the milk price payable for the delivery, which shall:
Amendment 266 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 1 -
Amendment 267 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) No 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 1 – be static and
Amendment 268 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 1 – be static and be set out in the contract, and
Amendment 269 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 1a (new) – be calculated using a formula specified in the contract and/or
Amendment 270 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) No 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 2 – vary only on factors which are set out in the contract, in particular the production cost trend and the development of the market situation based on market indicators, the volume delivered and the quality or composition of the raw milk
Amendment 271 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) No 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 2 – vary only on factors which are set out in the contract, in particular
Amendment 272 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 2 Amendment 273 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 2 – vary only on factors which are set out in the contract, in particular the development of the market situation based on market indicators, the volume delivered and the quality or composition of the raw milk delivered, and/or
Amendment 274 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 2a (new) – may be fixed for a specific volume and, for any additional volume, variable according to criteria freely agreed and set out in the contract.
Amendment 275 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 2a (new) - include a means of varying the price between the contracted parties
Amendment 276 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint i – indent 2a (new) - include the circumstances which would cause either contracting party to request the renegotiation of the agreed price
Amendment 277 #
Proposal for a regulation - amending act Article 1 – point 9 (ii) the volume
Amendment 278 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint ii (ii) the volume
Amendment 279 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint ii (ii) the volume
Amendment 280 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint ii a (new) (iia) the arrangements for collecting or delivering products.
Amendment 281 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint iii (iii) the duration of the contract, which may
Amendment 282 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint iii (iii) the duration of the contract, which m
Amendment 283 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint iii (iii) the duration of the contract, which may include an indefinite duration with renegotiation and termination clauses.
Amendment 284 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint iii a (new) (iiia) a price indexation clause based on changes in the cost of livestock feed
Amendment 285 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint iii a (new) (iiia) the product characteristics.
Amendment 286 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint iii a (new) (iiia) a flexibility clause whereby milk not covered by a contract may, up to reasonable quantities, be delivered to a processor, bearing in mind in particular that the seasonality of production does not invariably remain in step with fluctuating markets, nor can biological production cycles respond immediately to market fluctuations.
Amendment 287 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint iii a (new) (iiia) payment periods;
Amendment 288 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint iii b (new) (iiib) the payment procedures.
Amendment 289 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint iii b (new) (iiib) rules applicable to renegotiation of the contract;
Amendment 290 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – point c – subpoint iii c (new) (iiic) rules applicable in case of force majeure.
Amendment 291 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 2 – subparagraph 1a (new) The provisions mentioned in subpoints (i), (ii) and (iii) of point (c) shall not apply if the farmer sells milk to a co-operative of which the farmer is a member.
Amendment 292 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 3 Amendment 293 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) No 1234/2007 Article 185 f – paragraph 3 3.
Amendment 294 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 3 3. By way of derogation from paragraph 1, a contract shall not be required where raw milk is delivered by a farmer to a processor of raw milk where the processor is a co- operative
Amendment 295 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 3 3.
Amendment 296 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 3 3. By way of derogation from paragraph 1, a contract shall not be required where raw milk is delivered by a farmer to a
Amendment 297 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 3 3. By way of derogation from paragraph 1,
Amendment 298 #
Proposal for a regulation – amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 4 4. All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including those elements referred to in paragraph 2(c), shall be freely negotiated between the parties. The Member State may nevertheless establish a minimum duration for the contract.
Amendment 299 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 4 4. All elements of contracts for the delivery
Amendment 300 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 4 4. All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including those elements referred to in paragraph 2(c), shall be freely negotiated between the parties. However, with due regard for the principle of subsidiarity, Member States may set the minimum period of validity for the contracts.
Amendment 301 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 4 a (new) 4a. Even if a Member State has decided that it will not be compulsory for milk to be covered by a contract, a producer organisation or a farmer may require the conclusion of a contract to which the above conditions apply.
Amendment 302 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 4 a (new) 4 a. Even if a Member State has decided that it will not be compulsory for milk to be covered by a contract, a producer organisation, representative of a group of producers, or a farmer may require a contract to which the above conditions apply. In those circumstances, the dairy may either accept the contract, or reject the delivery of milk.
Amendment 303 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 4 a (new) 4 a. Even if a Member State has decided that it will not be compulsory for milk to be covered by a contract, a producer organisation, representative of a group of producers, or a farmer may require a contract to which the above conditions apply. In those circumstances, the dairy may either accept the contract, or reject the delivery of milk.
Amendment 304 #
Proposal for a regulation - amending act Article 1 – point 9 Regulation (EC) 1234/2007 Article 185 f – paragraph 4 a (new) (4 a) In the case of cross-border raw milk sales, the regulations on contracts of the Member State where the dairy farmer is located shall apply.
Amendment 305 #
Proposal for a regulation - amending act Article 1 – point 10 Regulation (EC) 1234/2007 Article 196a – paragraph 1 – subparagraph 2 Amendment 306 #
Proposal for a regulation - amending act Article 1 – point 10 Regulation (EC) 1234/2007 Article 196a – paragraph 3 – subparagraph 1 3. The European Parliament
Amendment 307 #
Proposal for a regulation - amending act Article 1 – point 11 Regulation (EC) 1234/2007 Article 204 Amendment 41 #
Proposal for a regulation Recital 1 (1) Successive reforms of the common market organisation covering milk and milk products, now contained in Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), have been aimed at market-orientation (i.e. letting price signals guide the decisions of farmers in terms of what and how much to produce) so as to strengthen the competitive situation of the dairy sector and its sustainability in the context of globalised trade. By Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/20075 , ("Health Check" reform of 2008-2009) it was therefore decided that it was necessary to increase quotas gradually in order to ensure a smooth transition to the end of the milk quota system in 2015. However, Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 72/2009, provides in Article 184(6) for the Commission to submit reports to Parliament and the Council, by 31 December 2010 and 31 December 2012, on the evolution of the milk market situation and the consequent conditions for smoothly phasing out the milk quota system, backed up by the appropriate proposals.
Amendment 42 #
Proposal for a regulation Recital 1 (1) Successive reforms of the common market organisation covering milk and milk products, now contained in Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), have been aimed at market-orientation (i.e. letting price signals guide the decisions of farmers in terms of what and how much to produce) so as to strengthen the competitive situation of the dairy sector and its sustainability in the context of globalised trade, without however renouncing appropriate regulation instruments, rejecting a pure liberalisation of the sector. By Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/20075 , ("Health Check" reform of 2008-2009) it was therefore decided
Amendment 43 #
Proposal for a regulation Recital 1 a (new) (1a) There are disadvantaged regions that depend heavily on milk production, where it is necessary to assess the guidelines laid down for the milk and milk products sector, as recognised in the Treaties, so that support and the application of these policies continue to be adapted to their specific characteristics.
Amendment 44 #
Proposal for a regulation Recital 2 (2) In 2007-2009, exceptional developments took place in milk and milk products sector
Amendment 45 #
Proposal for a regulation Recital 2 (2) In 2007-2009, exceptional developments took place in milk and milk products sector markets which, it is now recognised, are tending to recur. Initially, extreme weather conditions in Oceania brought about a significant decline in supplies, leading to a rapid and significant increase in prices. Yet while world supplies had started their recovery, and prices had started to return to more normal levels in some European regions, the subsequent financial and economic crisis negatively affected EU dairy producers, aggravating price volatility. Initially feed and other input costs including energy
Amendment 46 #
Proposal for a regulation Recital 2 (2) In 2007-2009, exceptional developments took place in the milk and milk products sector markets, and had an unprecedented impact on the industry’s activity in Europe. Initially, extreme
Amendment 47 #
Proposal for a regulation Recital 2 (2) In 2007-2009, exceptional developments took place in milk and milk products sector markets. Initially, extreme weather conditions in Oceania brought
Amendment 48 #
Proposal for a regulation Recital 2 (2) In 2007-2009,
Amendment 49 #
Proposal for a regulation Recital 2 (2) In 2007-2009, exceptional developments took place in milk and milk products sector markets. Initially, extreme weather conditions in Oceania brought about a significant decline in supplies, leading to a rapid and significant increase in prices. Yet while world supplies had started their recovery, and prices had started to return to more normal levels, the subsequent financial and economic crisis negatively affected EU dairy producers, aggravating price volatility. Initially feed and other input costs including energy increased significantly as a result of higher
Amendment 50 #
Proposal for a regulation Recital 2 a (new) (2a) These exceptional developments have further highlighted the essential role played by producers benefiting from protected designation of origin (PDO) or protected geographical indication (PGI), especially as regards creating added value for producers and the economic good health of rural regions, particularly the most vulnerable ones. To recognise, preserve and develop that role there is a need to authorise for such quality products, in conjunction with the guidelines set out in Article 184(6) of Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 72/2009, the implementation of instruments to regulate supply, thus enabling their producers to make an important contribution to the stability and competitiveness of the European dairy sector.
Amendment 51 #
Proposal for a regulation Recital 2 a (new) (2a) The European dairy sector has become subject to market logic and is suffering terribly from the deregulation advocated by the liberal model and the resulting price volatility. The unprecedented dairy crisis that Europe experienced in 2009 is a well-known example. It plunged European agriculture into total disarray, such was the fall in production prices, with Europe’s farmers no longer able to face up to their production costs and obtain a reasonable profit margin. There is thus a need to take a position in favour of regulating the dairy market in such a way that supply meets the demand and production prices rise again, and to establish a new balance in the supply chain for dairy products. To achieve this, regulatory intervention by the public authorities is justified in order to adjust production to market requirements in the medium and long term.
Amendment 52 #
Proposal for a regulation Recital 2 a (new) (2a) The Commission based its proposals to raise milk quotas on unfounded market assumptions, and its subsequent decisions contributed to deteriorating market conditions.
Amendment 53 #
Proposal for a regulation Recital 3 (3) In October 2009, in
Amendment 54 #
Proposal for a regulation Recital 3 (3) In October 2009, in light of this difficult market situation for milk, a High Level Expert Group on Milk (
Amendment 55 #
Proposal for a regulation Recital 3 (3) In October 2009, in light of this difficult market situation for milk, a High Level Expert Group on Milk ("HLG") was set up with the purpose of discussing mid- term and long-term arrangements for the milk and milk products sector,
Amendment 56 #
Proposal for a regulation Recital 3 a (new) (3a) It is however necessary to reassess the decision to abolish the milk quota scheme in March 2015 in accordance with the specific situation in the milk and milk products sector.
Amendment 57 #
Proposal for a regulation Recital 3 a (new) (3a) Since the quota regime will expire in 2015 there is a need to scale down the levy by 2015 in order to secure as smooth a transition as possible from the current quota system to a free market.
Amendment 58 #
Proposal for a regulation Recital 4 (4) The HLG obtained oral and written input from major European stakeholder groups in the dairy supply chain
Amendment 59 #
Proposal for a regulation Recital 4 (4) The HLG obtained oral and written input from major European stakeholder groups in the dairy supply chain representing farmers, dairy processors, dairy traders, retailers and consumers.
Amendment 60 #
Proposal for a regulation Recital 4 (4) The HLG obtained oral and written input from major European stakeholder groups in the dairy supply chain representing farmers, dairy processors, dairy traders, retailers and consumers. Furthermore, the HLG received contributions from invited academic experts, third country representatives, National Competition Authorities and the Commission's services. A dairy stakeholder conference was also held on 26 March 2010 which allow
Amendment 61 #
Proposal for a regulation Recital 5 (5) The HLG also noted that the dairy producing and processing sectors are highly differentiated between Member States. There is
Amendment 62 #
Proposal for a regulation Recital 5 (5) The HLG noted that the dairy producing and processing sectors are highly differentiated between Member States. There is also a highly variable situation between operators and types of operators within individual Member States. But concentration of supply is low in many cases with a resulting imbalance in bargaining power in the supply chain between farmers and dairies. This imbalance can lead to unfair commercial practices; in particular, farmers often do not know what price they will receive for their milk
Amendment 63 #
Proposal for a regulation Recital 5 (5) The HLG noted that the dairy
Amendment 64 #
Proposal for a regulation Recital 5 a (new) (5a) For the smooth operation of the whole supply chain there is also a need to consider relations between the processors and distributors, for whom there are similar imbalances because of the extreme concentration of the distribution sector. A system contractualising the whole supply chain, drawing on the provisions of the present regulation, should therefore be set up.
Amendment 65 #
Proposal for a regulation Recital 6 (6)
Amendment 66 #
Proposal for a regulation Recital 6 (6) There is a problem of price transmission along the chain, sin
Amendment 67 #
Proposal for a regulation Recital 6 (6) There is thus a problem of price transmission along the chain, in particular as regards farm-gate prices, the level of which generally does not take account of production costs and their continued increase. Conversely, during 2009, the supply of milk did not
Amendment 68 #
Proposal for a regulation Recital 6 (6) There is a problem of price transmission along the chain, in particular as regards farm-gate prices. Conversely, during 2009 the supply of milk did not react to lower demand. Indeed, in some large producer Member States, in reaction to lower prices, farmers produced more than in the previous year and deposited most of the surplus in the less-developed, more volatile markets of the new Member States, the situation of whose producers thereby became increasingly difficult. Value-added in the chain has become
Amendment 69 #
Proposal for a regulation Recital 6 (6) There is a problem of price transmission along the chain, in particular as regards farm-gate prices. Conversely, during 2009 the supply of milk did not react to lower demand. Indeed, in some large producer Member States, in reaction to lower prices, farmers produced more than in the previous year. Value-added in
Amendment 70 #
Proposal for a regulation Recital 6 (6) There is a problem of price transmission along the chain, in particular as regards farm-gate prices. Conversely, during 2009 the supply of milk did not react to lower demand. Indeed, in some large producer Member States, in reaction to lower prices, farmers produced more than in the previous year. Value-added in the chain has become increasingly concentrated in the downstream sectors, notably with dairies and retailers, with a final consumer price that is not reflected in the price paid to producers.
Amendment 71 #
Proposal for a regulation Recital 6 (6) There is a problem of price transmission along the chain, in particular as regards farm-gate prices. Conversely, during 2009 the supply of milk did not react to lower demand. Indeed, in some large producer Member States, in reaction to lower prices, farmers produced more than in the previous year. Value-added in the chain has become increasingly concentrated in the downstream sectors, notably with dairies. In relation to them, the position of primary producers within the chain as a whole remains weak.
Amendment 72 #
Proposal for a regulation Recital 6 a (new) (6a) A comprehensive sectoral investigation of the whole food supply chain should be undertaken to identify any abuses of the power of the demand side in the sector; marketing at below purchase price should be banned throughout the Community.
Amendment 73 #
Proposal for a regulation Recital 6 a (new) (6a) There has recently been discussion at EU level regarding the functioning of the food supply chain. There is also growing concern regarding the power of dairies, while the position of milk-producers is very weak. Particularly because of the power of the dairies, added value is not evenly distributed along the chain as a whole. Furthermore, there is concern about the power of large retail undertakings and the large margins which they often enjoy.
Amendment 74 #
Proposal for a regulation Recital 7 Amendment 75 #
Proposal for a regulation Recital 7 (7) For dairies, the volume which will be delivered during the season is not always well planned. Even for dairy co-operatives
Amendment 76 #
Proposal for a regulation Recital 7 (7) For dairies, the volume which will be delivered during the season is not always
Amendment 77 #
Proposal for a regulation Recital 7 (7) For dairies, the volume which will be delivered during the season is not always well planned. Even for dairy co-operatives (owned by farmers which posses processing facilities, by which 58% of EU raw milk is processed) there is a potential lack of adaptation of supply to demand: farmers are obliged to deliver all their milk to their co-operative and the co-operative is obliged to accept all the milk. Cooperatives are economic organisations in which milk producers participate on a voluntary basis and which they manage themselves. The existing co-operative structure will be respected in the proposals.
Amendment 78 #
Proposal for a regulation Recital 7 a (new) (7a) A number of comments by the HLG concern the difficulties of adjusting the milk supply to demand, with the extreme difficulties they have caused producers. This shows that, alongside the measures laid down in the present Regulation, the Commission should also propose maintaining a system for controlled regulation of the volume of milk produced, for which public management by the Community institutions and the Member States remains necessary;
Amendment 79 #
Proposal for a regulation Recital 7 a (new) (7a) Co-operatives constitute the predominant type of business owned and controlled by farmers in the EU: currently, 58 % of the raw milk in the EU is processed by dairy co-operatives. Cooperatives are economic organisations in which milk producers participate on a voluntary basis and which they manage themselves. The existing co-operative structures will be respected in the proposals.
Amendment 80 #
Proposal for a regulation Recital 8 (8)
Amendment 81 #
Proposal for a regulation Recital 8 (8) The use of formalised, written contracts even containing basic elements made in advance of delivery is not widespread in a number of Member States. However, they could increase awareness and reinforce the responsibility of the operators in the dairy chain to better take
Amendment 82 #
Proposal for a regulation Recital 8 (8) The use of formalised, written contracts even containing basic elements made in advance of delivery is not widespread. However, they could increase awareness and reinforce the responsibility of the operators in the dairy chain to better take into account the signals of the market, improve price transmission and adapt supply to demand, as well as help avoid certain unfair commercial practices, if they were extended to the whole of the chain.
Amendment 83 #
Proposal for a regulation Recital 8 a (new) (8a) Without collective control of European production the contractual system advocated by the HLG will not, even if it is backed up by such other measures as strengthening producers’ bargaining power, the role of producer organisations and inter- professional/interbranch organisations, succeed in securing fair and stable milk prices for producers and consumers. We need to produce less milk while preserving the largest possible number of farms. Having numerous farms in Europe helps stabilise rural development and boosts employment.
Amendment 84 #
Proposal for a regulation Recital 8 a (new) (8a) In order to strengthen producers, the payment deadline for all kinds of milk products (cheese, fresh products, butter, preserved milk products, milk powder, whey powder, etc.) should not in any instance exceed the use-by date of the product marketed and, in the case of more durable products, should not exceed 30 days. It should not be possible to waive this rule contractually, and it should be observed consistently at all stages in the trading chain.
Amendment 85 #
Proposal for a regulation Recital 8 b (new) (8b) It would be desirable for dairies to undertake not to process milk from third countries.
Amendment 86 #
Proposal for a regulation Recital 8 b (new) (8b) In order to support producers, supply contracts for all kinds of milk products (cheese, fresh products, butter, preserved milk products, milk powder, whey powder, etc.) between dairies and the food trade or intermediaries or industrial processors which are concluded for longer than six months should include a provision limiting fixed prices to six months. Long- term supply contracts should lay down minimum quantities of which delivery is to be taken and maximum quantities to be supplied, binding on both parties.
Amendment 87 #
Proposal for a regulation Recital 8 c (new) (8c) In order to support producers effectively it is essential that, in sales contracts relating to all kinds of milk products (cheese, fresh products, butter, preserved milk products, milk powder, whey powder, etc.), the real net/net price should be clearly established for the product concerned per kg, taking account of all price adjustments such as rebates, discounts, advertising cost supplements, brokerage, del credere commissions, loyalty premiums, volume discounts, target quantity premiums, shop opening premiums, analysis cost and labour cost supplements, freight cost supplements, commissioning cost supplements, flat-rate contractual penalties for any shortcomings in performance without proof of real costs, etc., and that this obligation cannot be waived by individual contract. The ultimate aim is to make settlements on a net/net basis subject to conditions clear to both parties.
Amendment 88 #
Proposal for a regulation Recital 9 (9)
Amendment 89 #
Proposal for a regulation Recital 9 (9) In the absence of EU legislation on such contracts, Member States may currently, within their own contract law systems, make the use of such contracts compulsory provided that in doing so EU law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected.
Amendment 90 #
Proposal for a regulation Recital 9 (9) In the absence of EU legislation on such contracts, Member States may, within their own contract law systems, make the use of such contracts compulsory provided that in doing so EU law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the diversity of situations across the EU in this context, in the interests of subsidiarity, such a decision should remain with Member States. However, to ensure appropriate minimum standards for such contracts and good functioning of the internal market and the common market organisation, some basic conditions for the use of such contracts should be laid down at EU level.
Amendment 91 #
Proposal for a regulation Recital 9 (9) In the absence of EU legislation on
Amendment 92 #
Proposal for a regulation Recital 9 (9) In the absence of EU legislation on such contracts, Member States may, within their own contract law systems, make the use of such contracts compulsory provided that in doing so EU law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the
Amendment 93 #
Proposal for a regulation Recital 9 a (new) (9a) The EU, in accordance with its motto 'unity in diversity', should seek to develop common policies that take into account and do not compromise the specific characteristics inherent to the various Member States. Amending the regulation should therefore take account of the diversity of the milk sector in the various Member States and should not lay down conditions for the industry that would eliminate milk production in Member States and regions where it traditionally guarantees an income for rural communities, thereby helping to populate and revitalise rural areas in disadvantaged regions such as mountain regions and the outermost regions.
Amendment 94 #
Proposal for a regulation Recital 9 b (new) (9b) In many Member States the milk sector is essentially organised in cooperatives which function as the sole collection centre, above all in isolated and/or remote regions, in which the majority of partners have a small degree of representativeness. For some of the Member States, a proposal for a regulation founded on first-level contractual relations, put forward as voluntary, which leaves cooperatives on one side, does not make any contribution that would have a real and effective impact.
Amendment 95 #
Proposal for a regulation Recital 11 (11) In order to
Amendment 96 #
Proposal for a regulation Recital 11 (11) In order to ensure the rational development of production and so to ensure a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened which should result in a fairer distribution of value-added along the supply chain. The final-distributor retail chains must also be involved in transparent pricing and the proportionate distribution of burden sharing. Therefore, in order to realise these objectives of the common agricultural
Amendment 97 #
Proposal for a regulation Recital 11 (11) In order to ensure the rational development of production and so to ensure a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors and the whole of the chain should be strengthened, which should result in a fairer distribution of value-added along the supply chain.
Amendment 98 #
Proposal for a regulation Recital 11 (11) In order to ensure the rational development of production and so to ensure a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened which should result in a fairer distribution of value-added along the supply chain. Therefore, in order to realise these objectives of the common agricultural policy, a provision should be adopted pursuant to Articles 42 and 43(2) TFEU to allow producer organisations constituted by dairy farmers or their associations to negotiate contract terms, including price or price-fixing conditions, jointly for some or all of its members
Amendment 99 #
Proposal for a regulation Recital 11 a (new) (11a) To stabilise the milk market as much as possible raw milk producers should be encouraged to invest in producer organisations, so as to greatly reduce the risk of losing the large number of independent dairy farms that would not be sufficiently attractive to private buyers, mainly because their production volume is too low.
source: PE-462.580
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procedure/summary |
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activities/0/docs/0/celexid |
CELEX:52010PC0728:EN
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activities/0/docs/0/celexid |
CELEX:52010PC0728:EN
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activities/0/docs/0/url |
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2010/0728/COM_COM(2010)0728_EN.pdfNew
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2010/0728/COM_COM(2010)0728_EN.pdf |
links/European Commission/title |
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PreLexNew
EUR-Lex |
procedure/summary/1 |
See also
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activities |
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committees |
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links |
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other |
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procedure |
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