2010/0385(COD) | [ParlTrack]

Proposal for a regulation
Article 197 - paragraph 2 a (new)

2a. The traditional terms are protected, only in the language and for the categories of grapevine products claimed in the application, against: (a) any misuse even if the protected term is accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar; (b) any other false or misleading indication as to the nature, characteristics or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to it; (c) any other practice liable to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.

Amendment 101 #

Proposal for a regulation
Article 197 - paragraph 2 b (new)

2b.Traditional terms, which are protected in accordance with Articles 24, 28 and 29 of Regulation (EC) No 753/2002, shall automatically be protected under this Regulation, provided that: (a) a summary of the definition or the conditions of use was submitted to the Commission by 1 May 2009; (b) Member States or third countries have not ceased to protect certain traditional terms.

Amendment 102 #

Proposal for a regulation
Article 197 a (new)

Article 197a Relationship with trademarks 1. Where a traditional term is protected under this Regulation, the registration of a trademark, which corresponds to one of the situations referred to in Article 197(3), shall be refused if the application for registration of the trademark does not concern wines qualified to use such a traditional term and is submitted after the date of submission of the application for protection of the traditional term to the Commission and the traditional term is subsequently protected. Trademarks registered in breach of the first subparagraph shall be declared invalid on application in accordance with the applicable procedures as specified by Directive 2008/95/EC of the European Parliament and of the Council or Council Regulation (EC) No 40/94. 2. A trademark, which corresponds to one of the situations referred to in Article 197(3), and which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before 4 May 2002 or before the date of submission of the application for protection of the traditional term to the Commission, may continue to be used and renewed notwithstanding the protection of the traditional term. In such cases the use of the traditional term shall be permitted alongside the relevant trademark. 3. A name shall not be protected as a traditional term, where in the light of a trademark's reputation and renown, such protection is liable to mislead the consumer as to the true identity, nature, characteristic or quality of the wine.

Amendment 103 #

Proposal for a regulation
Article 197 b (new)

Article 197b Homonyms 1. A term, for which an application is lodged, wholly or partially homonymous with that of a traditional term already protected under this Chapter shall be protected with due regard for local and traditional usage and the risk of confusion. A homonymous term which misleads consumers as to the nature, quality or the true origin of the products shall not be registered even if the term is accurate. The use of a protected homonymous term shall be subject to there being a sufficient distinction in practice between the homonym protected subsequently and the traditional term already protected, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer. 2. Paragraph 1 shall apply mutatis mutandis for traditional terms protected before 1 August 2009, which are partially homonymous with a protected designation of origin or geographical indication or a wine grape variety name or its synonym listed in Annex XV.

Amendment 104 #

Proposal for a regulation
Article 197 c (new)

Article 197c Cancellation The grounds for cancelling a traditional term shall be that it no longer meets the definition laid down in Article 196 or the requirements laid down in Articles 196a and 196b, Article 197(3), Article 197a(3) or Article 197b.

Amendment 105 #

Proposal for a regulation
Article 197 d (new)

Article 197d Traditional terms in third countries 1. Article 196 shall apply mutatis mutandis to terms traditionally used in third countries in connection with wine sector products with geographical indications of the third countries concerned. 2. Wines originating in third countries whose labels bear unprotected traditional indications may use these traditional indications on wine labels in accordance with the rules applicable in the third countries concerned, including those emanating from representative professional organisations.

Amendment 106 #

Proposal for a regulation
Article 198 - paragraph 1

~~1. In order to ensure an adequate protection, the Commission may, by means of~~ delegated ~~acts, adopt provisions regarding the language and the spelling of the term to be protected.~~

Amendment 107 #

Proposal for a regulation
Article 198 - paragraph 2

2. In order to ensure the legitimate rights or interests of producers or operators, the Commission may, by means of delegated acts, define the following: a) the type of applicants that may apply for the protection of a traditional term; b) the conditions of validity of an application for recognition of a traditional term; c) the grounds for objecting to a proposed recognition of a traditional term; d) the scope of the protection, including the relationship with trademarks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names; e) the grounds for cancellation of a traditional term; f) the date of submission of an application or a request.

Amendment 108 #

Proposal for a regulation
Article 198 - paragraph 3

~~3. In order to take account of the specificities in trade between the Union and certain third countries, the Commission may, by means of~~ delegated ~~acts, adopt the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 196.~~

Amendment 109 #

Proposal for a regulation
Article 202

1. Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation of products falling under their scopes. The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex XII may not be supplemented by any particulars other than those provided for in this Regulation unless they satisfy the requirements of Article 2(1)(a) of Directive 2000/13/EC. 2. Where one or more of the ingredients listed in Annex IIIa to Directive 2000/13/EC are present in one of the products referred to in Annex XII, part II to this Regulation, they must be indicated on the labelling, preceded by the term "contains". For sulphites, the following terms may be used: "sulphites", "sulfites", "sulphur dioxide" or "sulfur dioxide". 3. The labelling obligation referred to in paragraph 2 may be accompanied by the use of a pictogram to be determined by means of an implementing act.

Amendment 110 #

Proposal for a regulation
Article 203 - paragraph 2

2. ~~Par~~By way of déerogation aufrom paragraphe 1~~, point a), la référence à la~~(a), the reference to the catéegor~~ie de produit de la~~ y of the grapevigne p~~eut être omise pour les v~~roduct may be omitted for wines ~~dont l’étiquette comporte le nom d’une appell~~whose labels include the name of a protected designation d’of origin~~e protégée ou d’une indication géographique protégée~~ or a protected geographical indication and for quality sparkling wines whose labels include the term "Sekt".

Amendment 111 #

Proposal for a regulation
Article 204 a (new)

Article 204a Indication of the holding 1. The terms referring to a holding, other than the indication of the name of the bottler, producer or vendor, and authorised under the procedure provided for in paragraph 3, shall be reserved for wines with protected designation of origin or geographical indication provided that: (a) the wine is made exclusively from grapes harvested in vineyards exploited by that holding; (b) the winemaking is entirely carried out on that holding; (c) Member States regulate the use of their respective terms, authorised under the procedure provided for in paragraph 3. Third countries shall establish the rules on use applicable to their respective terms authorised under the procedure provided for in paragraph 3, including those emanating from representative professional organisations. 2. The name of a holding may be used by other operators involved in the marketing of the product only where the holding in question agrees to that use. 3. The Commission shall authorise, by means of an implementing act, the terms referring to a holding on the basis of a request submitted by the competent authorities of a Member State or third country.

Amendment 112 #

Proposal for a regulation
Article 207 - paragraph 1

1. In order to ensure the conformity with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector, the Commission may, by means of delegated acts, adopt definitions, rules and restrictions concerning: (a) ~~the presentation and use of labelling particulars other than those provided for in this Section; b)~~ certain compulsory particulars, in particular: (i) terms to be used to formulate the compulsory particulars and their conditions of use; ii) terms referring to a holding and the conditions for their use; iii) provisions allowing the producing Member States to establish additional rules relating to compulsory particulars; iv) provisions allowing further derogations in addition to those referred to in Article 203(2) as regards the omission of the reference to the category of the grapevine product; and v) provisions on the use of languages; c(ii) provisions on indication of provenance; (b) optional particulars, in particular: (i) terms to be used to formulate the optional particulars and their conditions of use; (ii) provisions allowing the producing Member States to establish additional rules relating to optional particulars; d(c) the presentation, in particular: (i) the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes; (ii) the conditions of use of "sparkling wine"-type bottles and closures; (iii) provisions allowing the producing Member States to establish additional rules relating to presentation; (iv) provisions on the ~~use of languages~~replacement of certain indications by equivalent terms in another official language of the Union.

Amendment 113 #

Proposal for a regulation
Article 230

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

Amendment 114 #

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

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

Amendment 115 #

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

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

Amendment 116 #

Proposal for a regulation
Article 314 - paragraph 2

2. The following amounts shall be available in the given calendar years: – 2009: EUR 40 660 000, – 2010: EUR 82 110 000, – from 2011 onwards: EUR 122 610 000.

Amendment 117 #

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

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

Amendment 118 #

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

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

Amendment 31 #

Luís Paulo ALVES

Proposal for a regulation
Recital 4

(4) ~~The Commission should have~~In order to ensure the proper functioning of this Regulation, the power to adopt ~~delegated~~ acts in accordance with Article 290 of the Treaty on the Functioning o~~rder to~~f the European Union should be delegated to the Commission in respect of supplementing or amending certain non- essential elements of this Regulation. ~~The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject~~It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and not forgetting regional and local authorities, island, sparsely populated and mountainous regions and the outermost regions, so as not to aggravate the constraints that such regions already face in the present crisis. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 32 #

Christa KLASS

Proposal for a regulation
Article 1 - paragraph 1, point l

~~(l) wine, Part XII of Annex I;~~deleted

Amendment 33 #

Luís Paulo ALVES

Proposal for a regulation
Article 12 - paragraph 1 - point c)

(c) shall be opened for beef and veal by the Commission, by means of implementing acts adopted without the a~~ssistance of the Committee referred to in~~pplication of Article 323(1a), if the average market price for beef and veal over a representative period in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as referred to in Article 34(1) is below EUR 1560/tonne, paying particular attention to the principles of territorial cohesion so as to take account of the impact on regional markets, whose economies largely depend on this type of product.

Amendment 34 #

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

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

Amendment 35 #

Proposal for a regulation
Article 75

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

Amendment 36 #

Proposal for a regulation
Article 75 a (new)

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

Amendment 37 #

Proposal for a regulation
Article 96

~~1. In order to avoid an increase in production potential the Commission may, by means of~~Article 96 delegated acts, (a) establish a list of situations in which grubbing-up does not generate replanting rights; (b) adopt rules concerning transfers of planting rights between the reserves; (c) prohibit the marketing wine or vine products intended solely for consumption by a vine grower's family. 2. In order to provide for an equal treatment of producers that engage in grubbing-up, the Commission may, by means of delegated acts, adopt rules to ensure effectiveness of grubbing-up where replanting rights are granted. 3. In order to protect Union funds and the identity, provenance and quality of Union wine, the Commission may by means of delegated acts: (a) provide for the establishment of an analytical databank of isotopic data that will help detect fraud to be constructed on the basis of samples collected by Member States; and for rules on the Member States' own databanks; (b) adopt rules on control bodies and the mutual assistance between them; (c) adopt rules on the common use of Member States' findings; (d) adopt rules on the treatment of sanctions in the case of exceptional circumstances.Delegated powers

Amendment 38 #

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

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

Amendment 39 #

Proposal for a regulation
Article 97

The Commission ~~may, by means of implementing acts, adopt all necessary measures related to~~shall adopt the detailed rules for the implementation of this Subsection, which shall includ~~ing~~e rules con: (a) granting of new planting rights including recording and communication obligations; (b) the transfer of replanting rights, including a reduction coefficient; (c) records to be kept by the Member States and notificatcerning: (a) provisions to avoid excessive administrative charges when applying the provisions tof th~~e Commission, including a possible choice of a reserve system~~is Subsection; (db) granting planting rights from the reserve; (e) checks to be undertaken by Member States and the reporting of information on such checks to the Commission; (f) the communication by Member States of an intention to applythe co-existence of vines pursuant to Article 91(2); (c) the application of the reduction coefficient referred to in Article 893(5) ~~on their territory~~.

Amendment 40 #

Luís Paulo ALVES

Proposal for a regulation
Article 101 - paragraph 2

2. ~~Measures on the fixing of the aid am~~The aid amounts referred to in paragraph 1 shall be fixed by the Commission by means of implementing acts adopted in accordance with Article 321(1a), taking into account the reference price for skimmed milk powder fixed in point (e)(ii) of Article 8(1), and the development of the market situation as regards skimmed milk and skimmed milk powder. Accounts shall be taken byof measures to support agricultural products from the Cou~~ncil in accordance with Article 43(3) of the Treaty~~termost regions, which shall give consideration to the changes proposed by this Regulation.

Amendment 41 #

Proposal for a regulation
Article 108 a (new)

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

Amendment 42 #

Proposal for a regulation
Article 108 b (new)

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

Amendment 43 #

Proposal for a regulation
Article 109 – paragraph 1

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

Amendment 44 #

Proposal for a regulation
Article 109 – paragraph 2

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

Amendment 45 #

Proposal for a regulation
Article 111

1. The Union shall finance a payment to producer organisations in the hops sector recognised in accordance with Article 209 which shall be ring-fenced to finance the aims referred to in that Article~~. 2. The Union financing per year for~~ and which shall be EUR 2 277 000 per year for Germany. 2. The amount to be paid to each producer organisation shall be calculated pro rata based on the eligible hop areas of its members. Eligible hop areas are hop areas in Germany which are planted at a uniform density of at least 1 500 plants per hectare in the case of double stringing/wiring, or at least 2 000 plants per hectare in the case of single stringing/wiring at the moment of submission of the application. 3. Prior to granting the payment, t~~o producer orga~~he competent national authority shall carry out administrative checks on all aid applications which shall include cross- checks of the eligible areas claimed with, inter alia, data from the integrated administration~~s provided for in paragraph 1 shall be EUR 2 277 000 for Germany.~~ and control system provided for in Chapter 4 of Title II of Regulation (EC) No 73/2009. 4. On-the-spot checks shall also be conducted at each producer organisation and cover at least 5 % of the aid to be distributed. Advance notice of these on- the-spot checks may be given, provided that the purpose of the check is not jeopardised. 5. In the event of undue payment, Article 80 of Commission Regulation (EC) No 1122/2009 shall apply mutatis mutandis.

Amendment 46 #

Proposal for a regulation
Article 112

In order to ensure that the aids finance the aims referred to in Article 209, the Commission may, by means of ~~delegated~~implementing acts, adopt ~~rules on: (a)~~the necessary measures related to this section on: (a) the payment of aid; (b) the procedure for submitting aid applications, including rules on deadlines and accompanying documents; (bc) ~~aid entitlement, including rules on eligible hop areas and the calculation of the amounts to be paid to each producer organisation; (c) sanctions to be applied in the case of undue payment~~the carrying-out of checks.

Amendment 47 #

Proposal for a regulation
Article 118

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

Amendment 48 #

Proposal for a regulation
Article 118 a (new)

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

Amendment 49 #

Proposal for a regulation
Article 118 b (new)

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

Amendment 50 #

Proposal for a regulation
Article 118 c (new)

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

Amendment 51 #

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

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

Amendment 52 #

Proposal for a regulation
Article 126

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

Amendment 53 #

Proposal for a regulation
Article 126 a (new)

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

Amendment 54 #

Proposal for a regulation
Article 126 b (new)

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

Amendment 55 #

Proposal for a regulation
Article 126 c (new)

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

Amendment 56 #

Proposal for a regulation
Article 127

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

Amendment 57 #

Proposal for a regulation
Article 128 – paragraph 1 – point a

(a) the supply to children in educational establishments administered or recognised by the Member State, including nurseries, other pre-school establishments, primary and secondary schools, of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and

Amendment 58 #

Proposal for a regulation
Article 128 - paragraph 3

3. When drawing up their strategies, Member States shall draw up a list of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors that will be eligible under their respective schemes. This list, however, shall not include products excluded by a measure adopted by the Commission by means of delegated acts pursuant to Article 129. In duly justified cases, a strategy may provide that such products may become eligible, if only limited amounts of the substances referred to in Annex I are added. Member States shall ensure that their competent health authorities endorse the list of products that shall be eligible under their School Fruit Scheme. They shall choose their products on the basis of objective criteria which may include seasonality, availability of produce or environmental concerns. In this connection, Member States may give preference to products of EU origin.

Amendment 59 #

Proposal for a regulation
Article 128 - paragraph 3 a (new)

3a. The Member States' strategy shall contain statements on: - the target group of the programme, - action to guarantee the programme's added value, in particular where, by way of exception, school fruit is consumed with other meals, - control measures, - flanking measures (e.g. development of websites, visits to producers), - the geographical or administrative level at which the programme is carried out.

Amendment 60 #

Proposal for a regulation
Article 128 a (new)

Article 128a Eligible costs 1. The following costs are eligible for Community aid: (a) costs for fruits and vegetables, processed fruit and vegetables and banana products covered by the School Fruit Scheme and delivered to the educational establishment; (b) related costs, which are costs that are directly linked to the implementation of a School Fruit Scheme and shall only include: (i) costs for purchasing, renting, hiring and leasing of equipment, if provided for in the strategy; (ii) costs for monitoring and evaluation, which shall be directly linked to the School Fruit Scheme; (iii) costs for communication, which shall include costs for the 'European School Fruit Scheme' poster. Where costs for transport and distribution of the products covered by a School Fruit Scheme are invoiced separately, such costs shall not exceed 3 % of the costs for the products. Where products are supplied free of charge to educational establishments, Member States may accept invoices for transport and distribution, subject to a ceiling set in the strategy of the Member State. The costs for communication referred to in point (b)(iii) of the first subparagraph may not be financed under other Community aid schemes. 2. The total amount for costs under points (b)(i) and (iii) of the first subparagraph of paragraph 1 shall represent a fixed amount and be subject to a ceiling not exceeding 5 % of the Member State's envelope of Community aid, following the definitive allocation of Community aid. For the year in which the programme's evaluation takes place, the total amount for costs under points (b)(i) and (ii) of the first subparagraph of paragraph 1 shall not exceed 10 % of the Member State's envelope of Community aid for the year in which the evaluation takes place, following the definitive allocation of Community aid.

Amendment 61 #

Proposal for a regulation
Article 128 b (new)

Article 128b General conditions for granting the aid 1. Member States shall ensure that the aid provided for under their strategy shall be distributed to the aid applicants where these applicants have made a valid aid application to their competent authorities. An aid application shall only be valid if lodged by an applicant which has been approved for that purpose by the competent authorities of the Member State in which the educational establishment to which the products are supplied is located. 2. Member States may select aid applicants from among the following bodies: (a) educational establishments; (b) educational authorities in respect of the products distributed to the children within their area; (c) suppliers and/or distributors of the products; (d) organisations acting on behalf of one or more educational establishments or educational authorities and specifically established for that purpose; (e) any other public or private body to manage: (i) the distribution of fruit and vegetables, processed fruit and vegetables and banana products to educational establishments in the framework of a School Fruit Scheme set up under, or aligned with, this Regulation; (ii) evaluation and/or communication.

Amendment 62 #

Proposal for a regulation
Article 128 c (new)

Article 128c General conditions for approval of aid applicants 1. Approval shall be conditional on the following written commitments by the applicant to the competent authority: (a) to use products financed under a School Fruit Scheme set up under, or aligned with, this Regulation for consumption by the children of its educational establishment or of the establishments in respect of which it will apply for aid; (b) to repay any aid unduly paid for the quantities concerned, if it has been found that these products have not been distributed to the pre-defined target group or have been paid for products that are not eligible under this Regulation; (c) in case of fraud or serious negligence, to pay an amount equal to the difference between the amount initially paid and the amount to which the applicant is entitled; (d) to make supporting documents available to the competent authorities at their request; (e) to submit to any check decided on by the competent authority of the Member State, in particular the scrutiny of records and physical inspection. Member States may make approval conditional on additional written commitments by the applicant to the competent authority. 2. If it is found that an applicant no longer meets the conditions for approval, or any other obligation under this Regulation, approval shall be suspended for one to twelve months or withdrawn, depending on the gravity of the irregularity. Such action shall not be taken in cases of force majeure or if the Member State finds that the irregularity was not committed deliberately or by negligence or was of minor importance. Approval, once withdrawn, may be restored at the applicant's request after a minimum period of 12 months.

Amendment 63 #

Proposal for a regulation
Article 129

~~1. In order to promote the healthy eating habits of children, the Commission may, by means of~~Article 129 delegated acts, adopt rules on: (a) the products that are ineligible for the scheme; (b) the target group of the scheme; (c) the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; (d) the approval and selection of aid applicants.Delegated powers

Amendment 64 #

Proposal for a regulation
Article 130

The Commission may, by means of implementing acts, adopt all necessary measures related to this Subsection as regards, in particular: (a) aid for the supply of fruit to children; (b) the definitive allocation of aid between Member States; (bc) general conditions for granting the aid; (d) specific conditions for the approval of certain applicants and suspension and withdrawal of approval; (e) the aid applications and payments; (c(f) the checks~~; (d~~ and penalties; (g) monitoring and evaluation; (h) the methods of publicising, and networking measures in respect of, the scheme; (ei) the notification of information to the Commission; (j) rules on publicising the subsidising role of the Commission.

Amendment 65 #

Proposal for a regulation
Article 138 - paragraph 2

2. The measures referred to in paragraph 1 shall relate to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety. These wines shall be eligible for promotion on third-country markets provided that: (a) the products are intended for direct consumption, export opportunities or potential new market outlets in the targeted third countries exist for them, and they display high added value; (b) the origin of the product is indicated as part of an information or promotion operation in the case of wine with a geographical indication; (c) the operation supported is clearly defined, including the specification of which products may be taken into account, the marketing operation and the estimated cost; (d) the support for promotion and information lasts no longer than three years for a given beneficiary in a given third country; if necessary, however, it may be extended once for a period of not more than two years; (e) the information and/or promotion messages are based on the intrinsic qualities of the wine, and comply with the legislation applicable in the third countries at which they are targeted; (f) The beneficiaries must have enough capacity to face the specific constraints of trade with third countries and have resources to ensure that the measure is implemented as effectively as possible. Member States shall in particular check that enough products in terms of quality and quantity will be available to ensure answering the market demand in the long run after the promotion operation. The beneficiaries may be private companies as well as professional organisations, producer organisations, inter-branch organisations or, where a Member State so decides, public bodies. In any event, Member States shall not make a public body the sole beneficiary of the promotion measure. Preference shall be given to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC, and to collective brand names.

Amendment 66 #

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

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

Amendment 67 #

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

The normal renewal of vineyards which have come to the end of their natural life ~~shall not be support~~, in other words the replanting of the same parcel of land with the same variety according to the same system of vine cultivation, shall not be supported. Member States may establish further specifications, especially as regards the age of the vineyards replaced.

Amendment 68 #

Proposal for a regulation
Article 139 - paragraph 4 - subparagraph 1 a (new)

Participation in the costs of restructuring and conversion shall not cover the cost of purchasing agricultural vehicles.

Amendment 69 #

Proposal for a regulation
Article 139 - paragraph 6 a (new)

6a. Member States shall lay down rules governing the detailed scope and the levels of support to be granted. The rules may provide in particular for the payment of flat-rate amounts, for maximum levels of support per hectare and for the adjustment of support on the basis of objective criteria. In case planting rights used do not result from the restructuring operation and in order to avoid distortion of competition, the support shall be reduced accordingly to take into account the fact that the used planting rights have not caused any grubbing-up cost. The support is paid for the area planted, defined in conformity with Article 75(1) of Commission Regulation (EC)No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector.1. ___________ 1 OJ L 170, 30.6.2008, p. 1.

Amendment 70 #

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

Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered green harvesting.

Amendment 71 #

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

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

Amendment 72 #

Proposal for a regulation
Article 140 - paragraph 4 a (new)

4a. The area of any parcel supported with green harvesting shall not be counted when calculating the yield limits set in the technical specifications of wines with a geographical indication.

Amendment 73 #

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

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

Amendment 74 #

Proposal for a regulation
Article 142 - paragraph 4 a (new)

4 a. Harvest insurance may be introduced by the Member States in their support programmes under the following conditions: a) in relation to harvest insurance measures, Member States shall adopt detailed provisions on the implementation of those measures, including those necessary to ensure that harvest insurance measures do not distort competition in the insurance market; b) producers applying for the scheme shall make their insurance policy available to the national authorities in order to allow the Member States to comply with the condition referred to in paragraph 2; c) Member States shall fix ceilings on the amounts that may be received for the support in order to respect the conditions referred to in paragraph 3. Where appropriate, Member States may fix the level on the basis of standard costs and standard assumptions of income loss. Member States shall ensure that the calculations: i) contain only elements that are verifiable; ii) are based on figures established by appropriate expertise; iii) indicate clearly the source of the figures; iv) are differentiated to take into account regional or local site conditions as appropriate.

Amendment 75 #

Proposal for a regulation
Article 143 - paragraph 1 - subparagraph 1 a (new)

Costs for the development of new products, processes and technologies as referred to in point b), shall concern preparatory operations, such as design, product, process or technology development and tests and tangible and/or intangible investments related to them, before the use of the newly developed products, processes and technologies for commercial purposes.

Amendment 76 #

Proposal for a regulation
Article 143 - paragraph 3

3. Eligible expenditure shall be: a) the construction, acquisition, including leasing, or improvement of immovable property; b) the purchase or lease-purchase of new machinery and equipment, including computer software up to the market value of the asset; other costs connected with the leasing contract, such as lessor’s margin, interest refinancing costs, overheads and insurance charges, shall not be eligible expenditure; c) general costs linked to expenditure referred to in points (a), and (b), such as fees of architects and engineers and consultation fees, feasibility studies, the acquisition of patent rights and licences. By way of derogation from point (b), and only for micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC [14], Member States may, in duly substantiated cases, establish the conditions under which the purchase of second-hand equipment may be regarded as eligible expenditure. Simple replacement investments shall not be eligible expenditure so as to make sure that the aim of the measure, i.e. the improvement in terms of adjustment to market demand and increased competitiveness, is met by these investments. The eligible expenditure shall exclude the elements referred to in Article 71(3)(a), (b) and (c) of Regulation (EC) No 1698/2005.

Amendment 77 #

Proposal for a regulation
Article 143 - paragraph 2 - subparagraph 1 a (new)

The relevant aid shall include a lump-sum amount destined to compensate the costs of collection of these products which shall be transferred from the distiller to the producer, if the relevant costs are borne by the latter.

Amendment 78 #

Proposal for a regulation
Article 143 - paragraph 3 a (new)

3a. The aid shall be paid to distillers that process the products delivered to distillation into raw alcohol with an alcoholic strength of at least 92 % vol.

Amendment 79 #

Proposal for a regulation
Article 143 - paragraph 3 b (new)

Member States may provide for support to be advanced provided that the beneficiary has lodged a security.

Amendment 80 #

Proposal for a regulation
Article 143 - paragraph 3 c (new)

Member States shall adopt detailed rules for applying the measure provided for in this Article.

Amendment 81 #

Proposal for a regulation
Article 145 a (new)

Article 145 a Mutual administrative assistance The provisions of this Chapter shall not affect the application of: a) specific provisions governing relations between Member States in combating fraud in the wine sector in so far as they are such as to facilitate the application of this Regulation; (b) rules relating to: (i) criminal proceedings or mutual assistance among Member States at judicial level in criminal matters; (ii) the administrative penalties procedure.

Amendment 82 #

Proposal for a regulation
Article 146 - point b

~~b) on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure;~~deleted

Amendment 83 #

Proposal for a regulation
Article 146 - point e

~~e) containing general provisions and definitions for the purposes of this Section;~~deleted

Amendment 84 #

Proposal for a regulation
Article 146 - point g

g) under which producers shall withdraw the by-products of winemaking, exceptions from this obligation in order to avoid additional administrative burden and provisions for the voluntary certification of distillers;deleted

Amendment 85 #

Proposal for a regulation
Article 174 - paragraph 1 - subparagraphs 2a, 2b and 2c (new)

2a. For the purpose of application of points (a) (iii) and (b)(iii), ‘production’ covers all the operations involved, from the harvesting of the grapes to the completion of the wine-making process, with the exception of any post-production processes. 2 b. For the purpose of application of point (b)(ii), the portion of grapes, of up to 15 %, which may originate outside the demarcated geographical area shall come from the Member State or third country concerned in which the demarcated area lies. 2 c. By way of derogation from points (a)(iii) and (b)(iii), and on condition that the product specification laid down in Article 175(2) so provides, a product with a protected designation of origin or protected geographical indication may be made into wine either: a) in an area in the immediate proximity of the demarcated area concerned; or b) in an area located within the same administrative unit or within a neighbouring administrative unit, in conformity with national rules; or c) in the case of a trans-border designation of origin or geographical indication, or where an agreement on control measures exists between two or more Member States or between one or more Member State(s) and one or more third country(-ies), in an area situated in the immediate proximity of the demarcated area in question. By way of derogation from point (b)(iii) and on condition that the product specification laid down in Article 175(2) so provides, wines with a protected geographical indication may continue to be made into wine beyond the immediate proximity of the demarcated area in question until 31 December 2012. By way of derogation from point (a)(iii), and on condition that the product specification laid down in Article 175(2) so provides, a product may be made into sparkling wine or semi-sparkling wine with a protected designation of origin beyond the immediate proximity of the demarcated area in question if this practice was in use prior to 1 March 1986.

Amendment 86 #

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

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

Amendment 87 #

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

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

Amendment 88 #

Proposal for a regulation
Article 177 - paragraph 3 a (new)

3a. A Member State or third country, or the respected authorities thereof, shall not be considered an applicant.

Amendment 89 #

Proposal for a regulation
Article 185 - paragraph 4 a (new)

4 a. The protection of a designation of origin or geographical indication shall apply to the whole denomination including its constitutive elements provided they are distinctive in themselves. A non-distinctive or generic element of a protected designation of origin or geographical indication shall not be protected. The name to be protected shall be registered only in the language(s) used to describe the product in question in the demarcated geographical area. The name shall be registered with its original spelling(s).

Amendment 90 #

Proposal for a regulation
Article 189 - paragraph 2 - subparagraph 1 a (new)

An amendment is considered to be minor if: a) it does not relate to the essential characteristics of the product; b) it does not alter the link; c) it does not include a change in the name or any part of the name of the product; d) it does not affect the demarcated geographical area;; e) it does not entail any further restrictions on the marketing of the product.

Amendment 91 #

Proposal for a regulation
Article 193 - paragraph 1

1. In order to take account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt: a) principles for the demarcation of the geographical area, and b) definitions, restrictions and derogations related to the production in the demarcated geographical area.deleted

Amendment 92 #

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

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

Amendment 93 #

Proposal for a regulation
Article 193 - paragraph 3 - point b

~~b) adopt restrictions as regards the type of applicant that may apply for the protection of a designation of origin or geographical indication;~~deleted

Amendment 94 #

Proposal for a regulation
Article 193 - paragraph 3 - point f

~~f) establish the conditions under which an amendment is to be considered as minor within the meaning of Article 189(2);~~deleted

Amendment 95 #

Proposal for a regulation
Article 193 - paragraph 4

~~4. In order to ensure an adequate protection, the Commission may, by means of~~ delegated ~~acts, adopt restrictions regarding the protected name.~~

Amendment 96 #

Proposal for a regulation
Article 196 a (new)

Article 196a Conditions of use 1. The term to be protected shall be either: (a) in the official language(s), regional language(s) of the Member State or third country where the term originates; or (b) in the language used in commerce for this term. 2. The term used in a certain language shall refer to specific products referred to in Article 173(1). 3. The term shall be registered with its original spelling(s).

Amendment 97 #

Proposal for a regulation
Article 196 b (new)

Article 196b Conditions of validity 1. The recognition of a traditional term shall be accepted if: (a) the term exclusively consists of either: (i) a name traditionally used in commerce in a large part of the territory of the Union or of the third country concerned, to distinguish specific categories of grapevine products referred to in Article 173(1); or (ii) a reputed name traditionally used in commerce in at least the territory of the Member State or third country concerned, to distinguish specific categories of grapevine products referred to in Article 173(1); (b) the term shall : (i) not be generic; (ii) be defined and regulated in the Member State's legislation; or (iii) be subject to conditions of use as provided for by rules applicable to wine producers in the third country concerned, including those emanating from representative professional organisations. 2. For the purpose of paragraph (1), point (a), "traditional use" means: (a) at least five years in case of terms filed in language(s) referred to in Article 196(a), paragraph (1)(a); (b) at least 15 years in case of terms filed in language(s) referred to in Article 196(a), paragraph (1)(b); 3. For the purpose of paragraph (1), point (b)(i), "generic" means the name of a traditional term although it relates to a specific production method or ageing method, or the quality, colour, type of place, or a particular linked to the history of a grapevine product, has become the common name of the grapevine product in question in the Union. 4. The condition laid down in paragraph 1(b) shall not apply to the traditional terms referred to in Article 196 point (b).

Amendment 98 #

Proposal for a regulation
Article 196 c (new)

Article 196c Applicants 1. Competent authorities of Member States or third countries or representative professional organisations established in third countries may submit to the Commission an application for protection of traditional terms within the meaning of Article 196. 2. "Representative professional organisation" shall mean any producer organisation or association of producer organisations having adopted the same rules, operating in a given wine-growing area or in several wine-growing areas with a designation of origin or geographical indication, where it includes in its membership at least two thirds of the producers in the designation of origin or geographical indication area(s) in which it operates and accounts for at least two thirds of that area's production. A representative professional organisation may lodge an application for protection only for wines which it produces.

Amendment 99 #