PROPOSAL FOR A DECISION ON THE OPENING OF, AND MANDATE FOR, INTERINSTITUTIONAL NEGOTIATIONS  on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (Single CMO Regulation)

11.2.2013 - (COM(2011)0626 – C7‑0339/2011 – (COM (2012)0535 – C7‑0310/2012 – 2011/0281(COD) – 2013/2529(RSP))

pursuant to Rule 70(2) and Rule 70a of the Rules of Procedure
Committee on Agriculture and Rural Development (*)

(*) Negotiating team: Chairman, rapporteur and shadow rapporteurs

Amendments

• 350-351 (PDF - 94 KB)
• 350-351 (DOC - 233 KB)
• 352-360 (PDF - 147 KB)
• 352-360 (DOC - 275 KB)
• 361-372 (PDF - 177 KB)
• 361-372 (DOC - 333 KB)
• 373-374 (PDF - 109 KB)
• 373-374 (DOC - 358 KB)
• 375-376 (PDF - 97 KB)
• 375-376 (DOC - 232 KB)
• 377-388 (PDF - 165 KB)
• 377-388 (DOC - 347 KB)
• 390-396 (PDF - 130 KB)
• 390-396 (DOC - 279 KB)
• 397-406 (PDF - 220 KB)
• 397-406 (DOC - 453 KB)
• 407-416 (PDF - 133 KB)
• 407-416 (DOC - 275 KB)
• 417-426 (PDF - 145 KB)
• 417-426 (DOC - 291 KB)
• 427-436 (PDF - 139 KB)
• 427-436 (DOC - 288 KB)
• 437-447 (PDF - 154 KB)
• 437-447 (DOC - 320 KB)
• 448-460 (PDF - 157 KB)
• 448-460 (DOC - 320 KB)
• 461-469 (PDF - 139 KB)
• 461-469 (DOC - 281 KB)
• 470-473 (PDF - 123 KB)
• 470-473 (DOC - 248 KB)
• 474-483 (PDF - 135 KB)
• 474-483 (DOC - 269 KB)
• 484-484 (PDF - 90 KB)
• 484-484 (DOC - 229 KB)
• 485-504 (PDF - 192 KB)
• 485-504 (DOC - 347 KB)
• 505-506 (PDF - 98 KB)
• 505-506 (DOC - 234 KB)
• 507-508 (PDF - 96 KB)
• 507-508 (DOC - 235 KB)
• 509-509 (PDF - 96 KB)
• 509-509 (DOC - 227 KB)

B7‑0080/2013

Proposal for a European Parliament decision on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (Single CMO Regulation)

(COM(2011)0626 – C7‑2011/0281 – 2011/0281(COD))
(COM(2012)0535 – C7‑0310/2012 – 2011/0281(COD) – 2013/2529(RSP))

The European Parliament,

–   having regard to the proposal of the Committee on Agriculture and Rural Development,

–   having regard to Rules 70(2) and 70a of its Rules of Procedure,

–   whereas the financial envelope specified in the legislative proposal is only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020,

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

 

Amendment  1

Proposal for a regulation

Citation 3 a (new)

Text proposed by the Commission	Amendment
	Having regard to the opinion of the Court of Auditors1,
	____________________
	1 OJ C ... / Not yet published in the Official Journal.

Or. en

 

Amendment  2

Proposal for a regulation

Citation 4 a (new)

Text proposed by the Commission	Amendment
	Having regard to the opinion of the Committee of the Regions1,
	____________________
	1 OJ C 225, 27.7.2012

Or. en

 

Amendment  3

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EU) No [COM(2010)799] of […] establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) . In view of the scope of the reform, it is appropriate to repeal Regulation (EU) No [COM(2010)799] and to replace it with a new Single CMO Regulation. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts.	(1) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EC) ) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) . In view of the scope of the reform, it is appropriate to repeal Regulation (EC) No 1234/2007 and to replace it with a new Single CMO Regulation. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts. Moreover, the reform shall continue in the direction of previous reforms towards greater competitiveness and market orientation.

Or. en

 

Amendment  4

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission	Amendment
	(1a) The implementation of this Regulation should be consistent with the development cooperation objectives of the Union's Policy Framework for Food Security (COM (2010) 127) with specific regard to ensure that CAP measures do not jeopardise the food production capacity and long term food security in developing countries and the ability of their populations to feed themselves, while complying with the objectives of the Union's development cooperation policy under Article 208 of the Treaty on the Functioning of the European Union.

Or. en

 

Amendment  5

Proposal for a regulation

Recital 1 b (new)

Text proposed by the Commission	Amendment
	(1b) One key aim of the common agricultural policy should be to guarantee food security and food sovereignty in the Member States, implying a need, as regards production, for regulation and distribution systems that allow countries and regions to develop their production in a manner that enables them, as far as possible, to meet their needs. In addition, it is of vital importance to redress the balance of power within the food production chain in favour of producers.

Or. en

 

Amendment  6

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. 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.	(2) In order to ensure the proper functioning of the regime established by this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission to enable it to supplement or modify certain non-essential elements of the present 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. 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.

Or. en

 

Amendment  7

Proposal for a regulation

Recital 3

Text proposed by the Commission	Amendment
(3) Pursuant to Article 43(3) of the Treaty on the Functioning of the European Union (the Treaty), the Council shall adopt measures on fixing prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 43(3) of the Treaty applies, this Regulation should explicitly refer to the fact that measures will be adopted by the Council on that basis.	deleted

Or. en

 

Amendment  8

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is in certain cases inextricably linked to those basic elements.	(4) This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is, as a general rule, inextricably linked to those basic elements.

Or. en

 

Amendment  9

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5a) Account should be taken of the objectives set out by the European Commission for the future Common Agricultural Policy in the area of the sustainable management of natural resources, food security, agricultural activity across Europe, balanced regional development, the competitiveness of European farming and the simplification of the CAP.

Or. en

 

Amendment  10

Proposal for a regulation

Recital 5 b (new)

Text proposed by the Commission	Amendment
	(5b) It is especially important for farmers that the administrative rules for implementing the Common Agricultural Policy are simplified , without this resulting in an excessive standardisation of the criteria that fails to take specific local and regional features into account.

Or. en

 

Amendment  11

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) This Regulation and other acts adopted under Article 43 to the Treaty refer to the description of products and references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to such Regulations. The Commission should be able to adopt implementing measures to make such adjustments. In the interests of clarity and simplicity, Council Regulation (EC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products which currently provides for such a power should be repealed and the power integrated into the present Regulation.	(7) This Regulation refers to the description of products and references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to this Regulation. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission. In the interests of clarity and simplicity, Council Regulation (EC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products which currently provides for such a power should be repealed and a new adjustment procedure should be integrated into the present Regulation.

Or. fr

 

Amendment  12

Proposal for a regulation

Recital 11

Text proposed by the Commission	Amendment
(11) In order to take into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of fixing the marketing years for those products.	deleted

Or. fr

 

Amendment  13

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission	Amendment
	(12a) As an emergency measure, public intervention on the market should be pursued only with the aim of stabilising extreme price volatility due to temporary excess demand on the European market. It should not be used to stabilise structural excess production.

Or. en

 

Amendment  14

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) For the sake of clarity and transparency, the provisions should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices and to define the latter, in particular, clarifying that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price gap support). In this context it should be understood that market intervention can take the form of public intervention as well as other forms of intervention that do not use ex-ante established price indications.	(13) For the sake of clarity and transparency, the provisions should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices and to define the latter, in particular, clarifying that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price gap support). It should also be understood that market intervention can take the form of public intervention and aid for private storage, as well as other forms of intervention that do not, whether wholly or in part, use ex-ante established price indications.

Or. en

 

Amendment  15

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of intervention should be available during certain periods of the year and should be open during that period either on a permanent basis or should be opened depending on market prices.	(14) As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of public intervention should be available, whenever there is a manifest need, and open, either on a permanent basis or depending on market prices.

Or. en

 

Amendment  16

Proposal for a regulation

Recital 16

Text proposed by the Commission	Amendment
(16) This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances and that ensures equal access to goods and equal treatment of purchasers.	(16) This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances, ensures equal access to goods and equal treatment of purchasers and enables produce to be made available for the scheme for food distribution to the most deprived in the Union.

Or. en

 

Amendment  17

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16a) The Union scales for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors are essential for the purposes of price recording and for the application of the intervention arrangements in those sectors. Moreover, they pursue the objective of improving market transparency.

Or. en

 

Amendment  18

Proposal for a regulation

Recital 16 b (new)

Text proposed by the Commission	Amendment
	(16b) Aid for private storage should achieve its aims of stabilising markets and contributing to a fair standard of living for the agricultural community. It should therefore be triggered not only by indicators linked to market prices, but also in response to particularly difficult market conditions, above all those which have a significant impact on agricultural producers’ profit margins.

Or. en

 

Amendment  19

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of market intervention arrangements in the form of public intervention and private storage, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Union scales for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors.	(22) In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of market intervention arrangements in the form of public intervention and private storage, and in order to take account of the specific features found in the Union and of technical developments and sectoral requirements, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in order to adapt and update the scales used in the Union for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors.

Or. en

 

Amendment  20

Proposal for a regulation

Recital 23 a (new)

Text proposed by the Commission	Amendment
	(23a) In order to strengthen and supplement the existing market management tools and to ensure their smooth operation, an instrument based on private supply management and the coordination of the various operators should be implemented. Through that instrument, recognised associations of producer organisations of an appropriate market size should have the option of withdrawing a product during the marketing year.

Or. en

 

Amendment  21

Proposal for a regulation

Recital 23 b (new)

Text proposed by the Commission	Amendment
	(23b) To prevent this instrument having effects contrary to the objectives of the CAP or impairing the smooth operation of the internal market, the power to adopt acts in accordance with Article 290 of the Treaty, should be delegated to the Commission in respect of establishing rules on the operation and activation of the instrument. Furthermore, in order to ensure that this instrument is compatible with Union legislation, the power to adopt acts in accordance with Article 290 of the Treaty with regard to the rules on its financing should be delegated to the Commission, including the cases where it considers it would be appropriate to grant aid for private storage.

Or. en

 

Amendment  22

Proposal for a regulation

Recital 25

Text proposed by the Commission	Amendment
(25) The consumption of fruit and vegetables and milk products amongst children should be encouraged, including by durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed. Union aid to finance or co-finance the supply to children in educational establishments of such products should therefore be promoted.	(25) In order to promote the healthy eating habits of children, the consumption of fruit and vegetables and milk products amongst children should be encouraged, including by durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed. Union aid to finance or co-finance the supply of such products to children in educational establishments, pre-schools and other establishments offering extracurricular activities should therefore be promoted. These schemes should also contribute to achieving the aims of the CAP, including raising farm incomes, stabilising markets and securing supply, both now and in the future.

Or. en

 

Amendment  23

Proposal for a regulation

Recital 26

Text proposed by the Commission	Amendment
(26) In order to ensure a sound budgetary management of the schemes, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any national existing school fruit schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to the schemes with contributions from the private sector. In order to make their school fruit scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid.	(26) In order to ensure a sound budgetary management of the schemes, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any existing national school fruit, vegetable and milk product schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to any such national school fruit and vegetable schemes with contributions from the private sector. In order to make their school fruit and vegetable scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid.

Or. en

 

Amendment  24

Proposal for a regulation

Recital 27

Text proposed by the Commission	Amendment
(27) In order to promote the healthy eating habits of children, to ensure the efficient and targeted use of European Funds and to promote awareness of the scheme the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school fruit scheme concerning: the products that are ineligible for the scheme; the target group of the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; the approval and selection of aid applicants; objective criteria for the allocation of aid between Member States, the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on applications received; the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; and requiring participating Member States to publicise the subsidising role of the scheme.	(27) In order to ensure that the scheme is implemented effectively to achieve the objectives set for it, to ensure the efficient and targeted use of European Funds and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school fruit and vegetable scheme concerning: the products that are ineligible for the scheme; the target group of the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; the approval and selection of aid applicants; additional criteria relating to the indicative allocation of aid and the method for reallocating aid between Member States based on applications received; the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; monitoring and evaluation; and establishing the conditions under which the Member States take action to publicise their participation in the aid scheme and draw attention to the subsidising role of the Union.

Or. en

 

Amendment  25

Proposal for a regulation

Recital 28

Text proposed by the Commission	Amendment
(28) 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, to ensure that the appropriate beneficiaries and applicants qualify for the aid and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school milk scheme concerning: the products that are eligible for the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid and the target group for the scheme; the conditions for granting aid; the lodging of a security guaranteeing the execution where an advance of aid is paid; monitoring and evaluation; and requiring educational establishments to communicate the subsidising role of the scheme.	(28) In order to ensure the effectiveness of the scheme in achieving the objectives set for it, to ensure that the appropriate beneficiaries and applicants qualify for the aid and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school milk scheme concerning: the products that are eligible for the scheme; the national or regional strategies that Member States are to draw up in order to benefit from the aid and the target group for the scheme; the approval and selection of aid applicants; the conditions for granting aid; the lodging of a security guaranteeing the execution where an advance of aid is paid; monitoring and evaluation; and establishing the conditions under which the Member States take action to publicise their participation in the aid scheme and draw attention to the subsidising role of the Union.

Or. en

 

Amendment  26

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission	Amendment
	(28a) The Commission should consider proposing, schemes designed to promote the consumption of products other than fruit and vegetables and dairy products in schools.

Or. en

 

Amendment  27

Proposal for a regulation

Recital 29

Text proposed by the Commission	Amendment
(29) The aid scheme for hop producer organisations is only used in one Member State. In order to create flexibility and to harmonise the approach in this sector with the other sectors, the aid scheme should be discontinued, with the possibility to support the producer organisations under rural development measures.	deleted

Or. en

 

Amendment  28

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) In order to ensure that the aid provided for olive oil and table olive operator organisations meet their objective of improving the production quality of olive oil and table olives and to ensure that olive oil and table olive operator organisations respect their obligations, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the conditions for the approval of operator organisations for the purposes of the aid scheme, the suspension or withdrawal of such approval; the measures eligible for Union financing; the allocation of Union financing to particular measures; the activities and costs that are not eligible for Union financing; and the selection and approval of work programmes and concerning requiring the lodging of a security.	(31) In order to ensure that the aid provided for olive oil and table olive operator organisations meet their objective of improving the production quality of olive oil and table olives and to ensure that olive oil and table olive producer organisations or interbranch organisations respect their obligations, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the conditions for the approval of producer organisations or interbranch organisations for the purposes of the aid scheme, and the refusal, suspension or withdrawal of such approval; the details of the measures eligible for Union financing; the allocation of Union financing to particular measures; the activities and costs that are not eligible for Union financing; and the selection and approval of work programmes; and concerning requiring the lodging of a security;

Or. en

 

Amendment  29

Proposal for a regulation

Recital 32

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

Or. en

 

Amendment  30

Proposal for a regulation

Recital 33 a (new)

Text proposed by the Commission	Amendment
	(33a) In order to ensure that operational programmes in the fruit and vegetable sector are more effective, particularly crisis prevention and management measures, they should be implemented by structures of an appropriate market size. It is therefore important that associations of producer organisations are encouraged to present and manage operational programmes and crisis prevention and management measures, in whole or in part.

Or. en

 

Amendment  31

Proposal for a regulation

Recital 35

Text proposed by the Commission	Amendment
(35) Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy so the specific support in the fruit and vegetables sector should be discontinued.	(35) Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy so the specific support for their establishment in the fruit and vegetables sector should be discontinued. This support should not distort the level playing field for farmers and their producer organisations on the internal market.

Or. en

 

Amendment  32

Proposal for a regulation

Recital 40

Text proposed by the Commission	Amendment
(40) One key measure eligible for national support programmes should be the promotion and marketing of Union wines in third countries. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment.	(40) One key measure eligible for national support programmes should be the promotion and marketing of Union wines in the Union and in third countries. Support should also be available for research and development activities on account of their importance for the competitiveness of the European wine sector. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment.

Or. en

 

Amendment  33

Proposal for a regulation

Recital 42

Text proposed by the Commission	Amendment
(42) The provisions on support to vine-growers by way of allocation of payment entitlements as decided by Member States were made definitive. Therefore the only such support which may be provided is the one decided by Member States by 1 December 2013 under Article 137 of Regulation (EU) No [COM(2011)799] and under the conditions set out in that provision.	deleted

Or. en

 

Amendment  34

Proposal for a regulation

Recital 43

Text proposed by the Commission	Amendment
(43) In order to ensure that wine support programmes meet their objectives and that there is a targeted use of the European Funds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules: on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; 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; on changes to support programmes after they have become applicable; on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; containing general provisions and definitions for the purposes of support programmes; to avoid misuse of the support measures and double funding of projects; 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; laying down the requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; regarding payments to beneficiaries, including payments through insurance intermediaries.	(43) In order to ensure that wine support programmes meet their objectives and that there is a targeted use of the European Funds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules: on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; 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; on changes to support programmes after they have become applicable; on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; to avoid misuse of the support measures and double funding of projects; 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; laying down the requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; regarding payments to beneficiaries, including payments through insurance intermediaries.

Or. en

 

Amendment  35

Proposal for a regulation

Recital 44

Text proposed by the Commission	Amendment
(44) Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the spread of varroasis in several Member States in recent years and the problems which that disease causes to honey production, action by the Union continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union.	(44) Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the increasing incidenceof certain types of hive invasions, and in particular of the spread of varroasis in several Member States in recent years and the problems which that disease causes to honey production, coordinated action by the Union as part of European veterinary policy continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve bee health and the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union.

Or. en

 

Amendment  36

Proposal for a regulation

Recital 45

Text proposed by the Commission	Amendment
(45) In order to ensure a targeted use of Union funds for apiculture, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of: the measures which may be included in apiculture programmes, rules on the obligations relating to the content of national programmes, their drawing up and the related studies; and the conditions for the allocation of the Union’s financial contribution to each participating Member State.	(45) In order to ensure a targeted use of Union funds for apiculture, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of: the details of the measures which may be included in apiculture programmes; rules on the obligations relating to the content of national programmes, their drawing up and the related studies; and the conditions for the allocation of the Union’s financial contribution to each participating Member State.

Or. en

 

Amendment  37

Proposal for a regulation

Recital 48 a (new)

Text proposed by the Commission	Amendment
	(48a) One key measure eligible for national support programmes should be the promotion and marketing of Union agricultural products in the Union and in third countries.

Or. en

 

Amendment  38

Proposal for a regulation

Recital 50

Text proposed by the Commission	Amendment
(50) In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming to the general marketing standard.	(50) In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming to the general marketing standard. Without prejudice to Union law and the smooth functioning of the internal market, the Member States should, however, retain the capacity to adopt or maintain national provisions for sectors or products subject to the general marketing standard or for sectors or products subject to specific marketing standards, in the case of elements not expressly harmonised under this Regulation.

Or. en

 

Amendment  39

Proposal for a regulation

Recital 53 a (new)

Text proposed by the Commission	Amendment
	(53a) The marketing standards should be clearly divided between obligatory rules and optional reserved terms. The optional reserved terms should continue to support the aims of the marketing standards and should thus be limited in scope to the products listed in Annex I to the Treaties.

Or. en

 

Amendment  40

Proposal for a regulation

Recital 53 b (new)

Text proposed by the Commission	Amendment
	(53b) In the light of the objectives of this Regulation and in the interest of clarity, existing optional reserved terms should henceforth be governed by this Regulation.

Or. en

 

Amendment  41

Proposal for a regulation

Recital 54

Text proposed by the Commission	Amendment
(54) Taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine the place of farming, on a case by case approach at the appropriate geographical level, while taking into account the specificities of some sectors, in particular concerning processed agricultural products.	(54) Taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine the place of farming, on a case by case approach at the appropriate geographical level, without forgetting that incomplete and incorrect information can affect the economic and productive fabric of the area concerned, while taking into account the regional specificities of some sectors, in particular concerning processed agricultural products.

Or. en

 

Amendment  42

Proposal for a regulation

Recital 56

Text proposed by the Commission	Amendment
(56) It is appropriate to provide for special rules in respect of products imported from third countries if national provisions in force in third countries justify derogations from the marketing standards if their equivalence to Union legislation is guaranteed.	(56) It is appropriate to provide for special rules in respect of products imported from third countries, to be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty, which define the conditions under which imported products are to be considered to provide an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from the rules requiring that products are to be marketed in the Union only in accordance with such standards. It is also appropriate to determine the rules relating to the application of the marketing standards applicable to the products exported from the Union.

Or. en

 

Amendment  43

Proposal for a regulation

Recital 58

Text proposed by the Commission	Amendment
(58) In order to address changes in the market situation, taking into account the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of acts to adopt, modify and derogate from requirements related to the general marketing standard, and rules concerning the conformity to it.	(58) In order to address changes in the market situation, taking into account the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to adopt detailed rules concerning the general marketing standard, and to modify and derogate from requirements related to the general marketing standard, and rules concerning the conformity to it.

Or. en

 

Amendment  44

Proposal for a regulation

Recital 61

Text proposed by the Commission	Amendment
(61) In order to take account of the specificities in trade between the Union and certain third countries, the special character of some agricultural products and the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning a tolerance for each marketing standard beyond which the entire batch of products should be considered as not respecting the standard and concerning rules which define the conditions under which imported products are considered as providing an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from the rules that products be marketed in the Union only in accordance with such standards and determine the rules relating to the application of the marketing standards to products exported from the Union.	(61) In order to take account of the special character of some agricultural products and the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning a tolerance for each marketing standard beyond which the entire batch of products should be considered as not respecting the standard.

Or. en

 

Amendment  45

Proposal for a regulation

Recital 69

Text proposed by the Commission	Amendment
(69) In order to take account of the specificities of the production in the demarcated geographical area, to ensure product quality and traceability and to ensure the legitimate rights or interests of producers or operators the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the principles for the demarcation of the geographical area, and definitions, restrictions and derogations related to the production in the demarcated geographical area; concerning the conditions under which product specifications may include additional requirements; and concerning the elements of the product specification; the type of applicant that may apply for the protection of a designation of origin or geographical indication; the procedures to be followed in respect of an application for the protection of a designation of origin or geographical indication, including on preliminary national procedures, scrutiny by the Commission, objection procedures, and procedure on amendment, cancellation and conversion of protected designations of origin or protected geographical indication; the procedures applicable to trans-border applications; procedures for applications relating to geographical areas in a third country; the date from which protection shall run; the procedures related to amendments to product specifications; and the date on which an amendment shall enter into force.	(69) In order to take account of the specificities of the production in the demarcated geographical area, to ensure product quality and traceability and to ensure the legitimate rights or interests of producers or operators the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission with regard to additional details concerning the demarcation of the geographical area, and restrictions and derogations related to the production in the demarcated geographical area; concerning the conditions under which product specifications may include additional requirements; and concerning the elements of the product specification; the type of applicant that may apply for the protection of a designation of origin or geographical indication; the procedures to be followed in respect of an application for the protection of a designation of origin or geographical indication, including on preliminary national procedures, scrutiny by the Commission, objection procedures, and procedure on amendment, cancellation and conversion of protected designations of origin or protected geographical indication; the procedures applicable to trans-border applications; procedures for applications relating to geographical areas in a third country; the date from which protection shall run; the procedures related to amendments to product specifications; and the date on which an amendment shall enter into force.

Or. en

 

Amendment  46

Proposal for a regulation

Recital 70

Text proposed by the Commission	Amendment
(70) In order to ensure adequate protection and that economic operators and competent authorities are not prejudiced by the application of this Regulation as regards wine names which have been granted protection prior to 1 August 2009, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of adoption restrictions regarding the protected name and in respect of transitional provisions concerning: wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009; preliminary national procedure; wines placed on the market or labelled before a specific date; and amendments to the product specifications.	deleted

Or. en

 

Amendment  47

Proposal for a regulation

Recital 74

Text proposed by the Commission	Amendment
(74) In order to ensure compliance with existing labelling practices, with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector; in order to ensure the efficiency of the certification, approval and verification procedures and the legitimate interests of operators and that economic operators are not prejudiced the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of exceptional circumstances justifying omitting reference to the terms “protected designation of origin” or “protected geographical indication”; in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory particulars; optional particulars; and presentation; in respect of the necessary measures as regards labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication meets the necessary requirements; in respect of wine placed on the market and labelled before 1 August 2009; and in respect of derogations on labelling and presentation.	(74) In order to ensure compliance with existing labelling practices, with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector; in order to ensure the efficiency of the certification, approval and verification procedures and the legitimate interests of operators and that economic operators are not prejudiced the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of exceptional circumstances justifying omitting reference to the terms “protected designation of origin” or “protected geographical indication”; in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory particulars; optional particulars; and presentation; in respect of the necessary measures as regards labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication meets the necessary requirements; in respect of wine placed on the market and labelled before 1 August 2009; and in respect of derogations on labelling of exports and presentation.

Or. en

 

 

Amendment  48

Proposal for a regulation

Recital 77

Text proposed by the Commission	Amendment
(77) It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards, for further oenological practices, the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV).	(77) It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards, the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV), when making proposals on further oenological practices.

Or. en

 

Amendment  49

Proposal for a regulation

Recital 82 a (new)

Text proposed by the Commission	Amendment
	(82a) For economic, social and environmental reasons and in the light of regional planning policy in rural areas with a wine-producing tradition, and going beyond the requirement to uphold the diversity, prestige and quality of European wine products, the present system of planting rights in the wine sector should be maintained until at least 2030.

Or. en

 

Amendment  50

Proposal for a regulation

Recital 83

Text proposed by the Commission	Amendment
(83) Specific instruments will still be needed after the end of the quota system to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing agreements between them should be established.	(83) In the sugar sector specific instruments are needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing agreements between them should be established.

Or. en

 

Amendment  51

Proposal for a regulation

Recital 84

Text proposed by the Commission	Amendment
(84) In order to taking into account the specificities of the sugar sector and the interests of all parties, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of such agreements, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.	(84) In order to take into account the specificities of the sugar sector and the interests of all parties, provision should be made for a series of rules in respect of such agreements, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.

Or. en

 

Amendment  52

Proposal for a regulation

Recital 84 a (new)

Text proposed by the Commission	Amendment
	(84a) To enable beet growers to complete their adaptation to the far-reaching reform carried out in the sugar sector in 2006 and to continue the efforts to become competitive that have been undertaken since then, the present quota system should be extended until the end of the 2019-2020 marketing year. In this context, the Commission should be allowed to allocate production quotas to Member States who renounced their entire quota in 2006.

Or. en

 

Amendment  53

Proposal for a regulation

Recital 84 b (new)

Text proposed by the Commission	Amendment
	(84b) The considerable and recurrent tensions observed on the European sugar market call for a mechanism that, for as long as necessary, releases non-quota sugar onto the internal market applying the same conditions as for quota sugar. This mechanism should, at the same time, permit additional imports at zero duty in order to ensure sufficient raw materials are available on the Union sugar market and to preserve the structural balance of this market.

Or. en

 

Amendment  54

Proposal for a regulation

Recital 84 c (new)

Text proposed by the Commission	Amendment
	(84c) In view of the definitive abolition of the quota system in 2020, the Commission should submit before 1 July 2018 a report to Parliament and the Council on the appropriate procedures for ending the current quota arrangements and on the future of the sector after the abolition of quotas in 2020, accompanied by any necessary proposals to prepare the entire sector for the period after 2020. Before 31 December 2014, the Commission should also submit a report on the functioning of the supply chain in the Union sugar sector.

Or. en

 

Amendment  55

Proposal for a regulation

Recital 85

Text proposed by the Commission	Amendment
(85) Producer organisations and their associations can play useful roles in concentrating supply and promoting best practices. Interbranch organisations can play important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency. Existing rules on the definition and recognition of such organisations and their associations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in EU law in all sectors.	(85) Producer organisations and their associations can play useful roles in concentrating supply improving marketing, correcting imbalances in the value chain and promoting best practices, especially in achieving the objectives of Article 39 of the Treaty, in particular the stabilisation of producers’ income, inter alia by making risk management tools available to their members, by improving marketing, by concentrating supply and by negotiating contracts, thereby strengthening the producers’ negotiating power.

Or. en

 

Amendment  56

Proposal for a regulation

Recital 85 a (new)

Text proposed by the Commission	Amendment
	(85a) Interbranch organisations can play an important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency.

Or. en

 

Amendment  57

Proposal for a regulation

Recital 85 b (new)

Text proposed by the Commission	Amendment
	(85b) Existing rules on the definition and recognition of producers’ organisations, their associations, and interbranch organisations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in accordance with this Regulation for all sectors. In particular, it is essential that the recognition criteria and rules of association of producers’ organisations drawn up under Community rules ensure that such bodies are set up on the initiative of farmers, who democratically define the organisations’ general policy and take the decisions on their internal running.

Or. en

 

Amendment  58

Proposal for a regulation

Recital 87

Text proposed by the Commission	Amendment
(87) As regards live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned.	(87) Provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned.

Or. en

 

Amendment  59

Proposal for a regulation

Recital 88

Text proposed by the Commission	Amendment
(88) In order to encourage action by producer organisation, their associations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of measures concerning live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors to improve quality; promote better organisation of production, processing and marketing; facilitate the recording of market price trends; and permit the establishment of short and long-term forecasts on the basis of the means of production used.	(88) In order to encourage action by producer organisations, their associations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to improve quality; promote better organisation of production, processing and marketing; facilitate the recording of market price trends; and permit the establishment of short and long-term forecasts on the basis of the means of production used.

Or. en

 

Amendment  60

Proposal for a regulation

Recital 90

Text proposed by the Commission	Amendment
(90) In the absence of Union legislation on formalised, written contracts, Member States may, within their own contract law systems, make the use of such contracts compulsory provided that in doing so the Union 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 Union, in the interests of subsidiarity, such a decision should remain with Member States. However, in the milk and milk products sector, 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 the Union level. Since some dairy co-operatives may have rules with similar effect in their statues, in the interests of simplicity they should be exempted from the requirement for a contract. In order to ensure that any such system is effective it should apply equally where intermediate parties collect milk from farmers to deliver to processors.	deleted

Or. en

 

Amendment  61

Proposal for a regulation

Recital 90 a (new)

Text proposed by the Commission	Amendment
	(90a) The use of formalised written contracts, concluded in advance of delivery, containing basic elements, is not widespread. However, such contracts may help to reinforce the responsibility of operators, as in the case of the dairy chain, and to increase awareness of the need to better take into account the signals of the market, to improve price transmission and to adapt supply to demand, as well as to help to avoid certain unfair commercial practices.

Or. en

 

Amendment  62

Proposal for a regulation

Recital 90 b (new)

Text proposed by the Commission	Amendment
	(90b) In the absence of Union legislation concerning such contracts, Member States should be allowed, within their own systems of contract law, to make the use of such contracts compulsory, provided that, in doing so, Union law is respected and, in particular, that the proper functioning of the internal market and of the common market organisation is respected. In view of the diversity of the situations that exist across the Union in relation to contract law, in the interests of subsidiarity, such a decision should remain with Member States. Equal conditions should apply to all deliveries on a given territory. Therefore, if a Member State decides that every delivery in its territory to a processor by a farmer is to be covered by a written contract between the parties, that obligation should also apply to deliveries coming from other Member States, but it is not necessary for it to apply to deliveries to other Member States. In accordance with the principle of subsidiarity it should be left to Member States to decide whether to require a first purchaser to make a written offer to a farmer for such a contract.

Or. en

 

Amendment  63

Proposal for a regulation

Recital 91

Text proposed by the Commission	Amendment
(91) In order to ensure the rational development of production and thus 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 attain these CAP objectives, a provision should be adopted pursuant to Articles 42 and 43(2) of the Treaty to allow producer organisations constituted by dairy farmers or their associations to negotiate contract terms, including price, for some or all of its members’ production with a dairy. In order to maintain effective competition on the dairy market, this possibility should be subject to appropriate quantitative limits.	deleted

Or. en

 

Amendment  64

Proposal for a regulation

Recital 91 a (new)

Text proposed by the Commission	Amendment
	(91a) In order to ensure the viable development of production and a fair standard of living for farmers, their bargaining power with respect to prospective purchasers should be strengthened, resulting in a fairer distribution of value added along the supply chain. In order to achieve these common agricultural policy objectives, a provision should be adopted pursuant to Articles 42 and, in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty, that allows producer organisations consisting solely of farmers or their associations to negotiate the terms of any contracts , including prices, jointly for some or all of its members’ production with a purchaser so as to prevent purchasers imposing prices that are lower than the costs of production. However, only producer organisations which seek and obtain recognition should be eligible to benefit from that provision. In addition, that provision should not apply to cooperatives. Furthermore, existing producer organisations recognised under national law should become eligible for de facto recognition under this Regulation.

Or. en

 

Amendment  65

Proposal for a regulation

Recital 91 b (new)

Text proposed by the Commission	Amendment
	(91b) 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 a defined geographical area. The rules should cover the entire production of the cheese concerned and should be requested by an interbranch 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.

Or. en

 

Amendment  66

Proposal for a regulation

Recital 91 c (new)

Text proposed by the Commission	Amendment
	(91c) Pursuant to Regulation (EC) No 1234/2007, milk quotas will expire within a relatively short period after the entry into force of this Regulation. After the repeal of Regulation (EC) No 1234/2007, the relevant provisions should continue to apply until the end of this scheme.

Or. en

 

Amendment  67

Proposal for a regulation

Recital 91 d (new)

 

Text proposed by the Commission	Amendment
	(91d) When it was decided that milk quotas were to be abolished, a commitment was made to ensure a ‘soft landing’ for the milk and milk products sector. Regulation (EU) No 261/20121 on contractual relations in the milk and milk products sector represents a first step in that direction, and further legislation will also be needed. When there is a serious imbalance in the milk and milk products market, the Commission should therefore be authorised to grant aid to milk producers who voluntarily cut production, and to impose a levy on milk producers who increase production over the same period and in the same proportion.
	____________________
	1 OJ L 94, 30.3.12, p. 38.

Or. en

 

Amendment  68

Proposal for a regulation

Recital 93

Text proposed by the Commission	Amendment
(93) In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations, interbranch organisations and operator organisations are clearly defined so as to contribute to the effectiveness of their actions, to take into account the specificities of each sector, and to ensure the respect of competition and the good functioning of the common market organisation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on: the specific aims which may, shall or shall not be pursued by such organisations and associations, including derogations from those listed in this Regulation; the rules of association, the recognition, structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; transnational organisations and associations; outsourcing of activities and the provision of technical means by organisations or associations; the minimum volume or value of marketable production of organisations and associations; the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn.	(93) In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations, interbranch organisations and operator organisations are clearly defined so as to contribute to the effectiveness of their actions, to take into account the specificities of each sector, and to ensure the respect of competition and the good functioning of the common market organisation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on: the specific aims which may, shall or shall not be pursued by such organisations and associations, and, if necessary, may be added to those listed in this Regulation; the rules of association of organisations other than producer organisations, the specific conditions applicable to the rules of association of producer organisations in certain sectors, structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; transnational organisations and associations, including rules on providing administrative assistance where there is transnational cooperation; the conditions for the outsourcing of activities and the provision of technical means by organisations or associations; the minimum volume or value of marketable production of organisations and associations; the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn; the specific conditions for implementing contractual arrangements and the specific amounts that may form the basis of contractual negotiations.

Or. en

 

Amendment  69

Proposal for a regulation

Recital 94

Text proposed by the Commission	Amendment
(94) A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements.	(94) A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market, without disrupting the markets of developing countries. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements.

Or. en

 

Amendment  70

Proposal for a regulation

Recital 94 a (new)

Text proposed by the Commission	Amendment
	(94a) However, the implementation of international agreements should not depart from the principle of reciprocity, particularly with regard to tariffs, health, plant health, the environment and animal welfare; in addition, it should be carried out so as to ensure strict compliance with the mechanisms for entry prices, specific additional duties and compensatory levies.

Or. en

 

Amendment  71

Proposal for a regulation

Recital 96

Text proposed by the Commission	Amendment
(96) 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 or exports, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the list of the products of sectors subject to the presentation of an import or export licence; and the cases and situations where the presentation of an import or export licence is not required.	(96) 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 or exports, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to modify and supplement the list of the products of sectors subject to the presentation of an import or export licence; and the cases and situations where the presentation of an import or export licence is not required.

Or. en

 

Amendment  72

Proposal for a regulation

Recital 100

Text proposed by the Commission	Amendment
(100) In order to ensure the efficiency of the entry price system, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of providing for inclusion a check of the customs value against another value than the unit price.	(100) In order to ensure the efficiency of the entry price system, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of providing for a check to be made of the customs value against the unit price or, where necessary, a check of the customs value against the flat-rate import value. The check on the customs value should under no circumstances be carried out using a deductive method which would reduce or prevent the imposition of specific additional duties.

Or. en

 

Amendment  73

Proposal for a regulation

Recital 103 a (new)

Text proposed by the Commission	Amendment
	(103 a) In order to facilitate the development and growth of the bio-based economy, and to prevent adverse effects on the Union market for bio-based industrial products that might otherwise arise, measures should be taken to ensure that producers of bio-based industrial products have access to secure supplies of agricultural raw materials at globally competitive prices. Where agricultural raw materials are imported into the Union free of import tariffs for use in the production of bio-based industrial products, measures should be taken to ensure that the raw materials are used for the declared purpose.

Or. en

 

Amendment  74

Proposal for a regulation

Recital 105

Text proposed by the Commission	Amendment
(105) The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union.	(105) The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union and with its development cooperation policy.

Or. en

 

Amendment  75

Proposal for a regulation

Recital 107

Text proposed by the Commission	Amendment
(107) Provisions for granting refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity.	(107) Refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should be retained as a crisis management instrument for certain products falling within the scope of this Regulation, until the future of this instrument has been decided within the framework of the WTO, on the basis of reciprocity. The budget heading for export refunds should, therefore, provisionally be set at zero. When used, export refunds should be subject to limits in terms of value and quantity and should not jeopardise the development of agricultural sectors and economies in developing countries.

Or. en

 

Amendment  76

Proposal for a regulation

Recital 120

Text proposed by the Commission	Amendment
(120) In accordance with Article 42 of the Treaty the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) and (3) of the Treaty and in accordance with the procedure laid down therein.	(120) In accordance with Article 42 of the Treaty, the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) of the Treaty and in accordance with the procedure laid down therein.

Or. en

 

Amendment  77

Proposal for a regulation

Recital 121 a (new)

Text proposed by the Commission	Amendment
	(121a) More account should be taken of the specific characteristics of the agricultural sector in implementing Union competition rules, in particular to ensure that the tasks conferred on producer organisations, associations of producer organisations and interbranch organisations can be carried out correctly and effectively.

Or. en

 

Amendment  78

Proposal for a regulation

Recital 121 b (new)

Text proposed by the Commission	Amendment
	(121b) In order to ensure uniform application of the provisions relating to competition law in this Regulation, thereby contributing to the smooth functioning of the internal market, the Commission should coordinate actions by the various national competition authorities . To this end the Commission should publish guidelines and good practice guides to assist the various national competition authorities, as well as undertakings of the agricultural and agri-food sector.

Or. en

 

Amendment  79

Proposal for a regulation

Recital 122

Text proposed by the Commission	Amendment
(122) A special approach should be allowed in the case of farmers’ or producer organisations or their associations the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises the attainment of the objectives of Article 39 of the Treaty.	(122) A special approach should be allowed in the case of producer organisations or their associations, the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition. It is particularly important that the agreements, decisions and concerted practices of these organisations should be considered to be necessary for achieving the CAP objectives set out in Article 39 of the Treaty, and that Article 101(1) of the Treaty should not apply to such agreements unless there is exclusion of competition. In this case, the procedures laid down in Article 2 of Regulation (EC) No 1/20031 should apply, and, in all proceedings brought for exclusion of competition, the burden of proof should lie with the party or authority alleging the infringement.
	____________________
	1 OJ L 1, 4.1.2003, p. 1.

Or. en

 

Amendment  80

Proposal for a regulation

Recital 124

Text proposed by the Commission	Amendment
(124) The proper working of the single market would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to agricultural products. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to the Member States and to propose suitable measures.	(124) The proper functioning of the internal market would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to agricultural products. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to the Member States and to propose suitable measures.

Or. en

 

Amendment  81

Proposal for a regulation

Recital 129

Text proposed by the Commission	Amendment
(129) Member States should be allowed to continue to make national payments for nuts as currently provided for under Article 120 of Regulation (EC) No 73/2009 in order to cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, since that Regulation is to be repealed, the national payments should be provided for in this Regulation.	(129) Member States should be allowed to continue to make national payments for nuts as provided for under Article 120 of Regulation (EC) No 73/2009 in order to cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, since that Regulation is to be repealed, the national payments should be provided for in this Regulation.

Or. en

 

Amendment  82

Proposal for a regulation

Recital 131 a (new)

Text proposed by the Commission	Amendment
	(131a) Data collected by the Farm Accountancy Data Network should be taken into consideration when formulating studies and research with the aim of preventing crises in the various agricultural sectors, given that they reflect the performance of farms. These data should serve as a useful tool for crisis prevention and management.

Or. en

 

Amendment  83

Proposal for a regulation

Recital 133

Text proposed by the Commission	Amendment
(133) In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods.	(133) In order to react efficiently and effectively against market disturbance caused by significant price rises or falls on internal or external markets or a substantial rise in production costs or any other factors affecting the market, where that situation is likely to continue or deteriorate, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods.

Or. en

 

Amendment  84

Proposal for a regulation

Recital 135

Text proposed by the Commission	Amendment
(135) Undertakings, Member States and/or third countries may be required to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, and implementing international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should be empowered to adopt all the necessary measures regarding communications. In so doing it should take into account the data needs and synergies between potential data sources.	(135) Undertakings, Member States and/or third countries may be required to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, and implementing international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should to be empowered to adopt certain acts in accordance with Article 290 of the Treaty in respect of the necessary measures regarding communications. In so doing it should take into account the data needs and synergies between potential data sources and ensure compliance with the principle ‘that personal data are not to be further processed in a way that is incompatible with the original purpose of their collection’, as the European Data Protection Supervisor pointed out in his opinion of 14 December 20111.
	____________________
	1 OJ C 35, 9.2.2012, p. 1.

Or. en

 

Amendment  85

Proposal for a regulation

Recital 137

Text proposed by the Commission	Amendment
(137) Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data are applicable.	(137) Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data1 and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data2 are applicable.
	_____________________
	1 OJ L 281, 23.11.1995, p. 31.
	2 OJ L 8, 12.01.2001, p. 1.

Or. en

 

Amendment  86

Proposal for a regulation

Recital 139

Text proposed by the Commission	Amendment
(139) In order to ensure the smooth transition from the arrangements provided for in Regulation (EU) No [COM(2010)799] to those laid down in this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings.	(139) In order to ensure the smooth transition from the arrangements provided for in Regulation (EC) No 1234/2007 to those laid down in this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings.

Or. en

 

Amendment  87

Proposal for a regulation

Recital 140

Text proposed by the Commission	Amendment
(140) The use of urgency procedure should be reserved for exceptional cases where this proves to be necessary in order to react efficiently and effectively against threats of market disturbance or where market disturbances are occurring. The choice of an urgency procedure should be justified and the cases in which the urgency procedure should be used should be specified.	(140) The urgency procedure should be used in order to react efficiently and effectively against certain market disturbances and against pests, animal and plant diseases, loss of consumer confidence due to public, animal or plant health risks, or in order to resolve specific problems.

Or. en

 

Amendment  88

Proposal for a regulation

Recital 143

Text proposed by the Commission	Amendment
(143) The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation, and resolving specific problems in an emergency, if such immediate action is needed to deal with the problems.	(143) The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation.

Or. en

 

Amendment  89

Proposal for a regulation

Recital 143 a

Text proposed by the Commission	Amendment
	(143a) Safeguard measures should be adopted, particularly where agricultural products imported from third countries do not guarantee food security or food traceability and do not comply with all the health, environmental and animal welfare conditions laid down for the internal market, where crises arise for markets or where shortcomings are identified with regard to the conditions stated in import certificates concerning prices, quantities or the calendar. This monitoring of compliance with the conditions laid down for imports of agricultural products should be performed by means of an integrated system for monitoring imports into the Union in real time.

Or. en

 

Amendment  90

Proposal for a regulation

Recital 146

Text proposed by the Commission	Amendment
(146) Pursuant to Regulation (EU) No [COM(2010)799] several sectoral measures, including on milk quotas, sugar quotas and other sugar measures and the restrictions on the planting of vines, as well as certain state aids, will expire within a reasonable period following the entry in force of this Regulation. After the repeal of Regulation (EU) No [COM(2010)799], the relevant provisions should continue to apply until the end of the schemes concerned.	deleted

Or. en

 

Amendment  91

Proposal for a regulation

Recital 147

Text proposed by the Commission	Amendment
(147) In order to ensure a smooth transition from the arrangements provided for in Regulation (EU) No [COM(2010)799] to the provisions of this Regulation, the Commission should be empowered to adopt transitional measures.	deleted

Or. fr

 

Amendment  92

Proposal for a regulation

Recital 149

Text proposed by the Commission	Amendment
(149) As regards contractual relations in the milk and milk products sectors, 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. The Commission should adopt reports on the development of the milk market, 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 respectively,	(149) As regards contractual relations in the milk and milk products sectors, 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 for the purpose of assessing their operation and establishing whether they should continue to apply. The Commission should adopt reports on the development of the milk market, 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 respectively,

Or. en

 

Amendment  93

Proposal for a regulation

Recital 150 a (new)

Text proposed by the Commission	Amendment
	(150a) International market trends, the world’s growing population and the strategic approach required to supply reasonably priced food to people in the Union will have a huge impact on the environment within which European agriculture is developing. The Commission should, therefore, present a report to the European Parliament and to the Council, no later than four years after the entry into force of this Regulation, on market trends and on the future of agricultural market management tools. The report should assess the suitability of existing market management tools in the new international context and, if necessary, examine the possibility of establishing strategic stocks. The report should be accompanied by any suitable proposals on establishing a long-term strategy for the Union with a view to attaining the objectives laid down in Article 39 of the Treaty.

Or. en

 

Amendment  94

Proposal for a regulation

Article 1, paragraph 2

Text proposed by the Commission	Amendment
2. Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in Annex I:	2. Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in Annex I to this Regulation:

Or. en

 

Amendment  95

Proposal for a regulation

Article 1, paragraph 2, point j

Text proposed by the Commission	Amendment
(j) processed fruit and vegetables, Part X of Annex I;	(j) processed fruit and vegetable products, Part X of Annex I;

Or. en

 

Amendment  96

Proposal for a regulation

Article 1, paragraph 2, point m

Text proposed by the Commission	Amendment
(m) live plants, Part XIII of Annex I;	(m) live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII of Annex I;

Or. en

 

Amendment  97

Proposal for a regulation

Article 1, paragraph 2, point u

Text proposed by the Commission	Amendment
(u) ethyl alcohol, Part XXI of Annex I;	(u) ethyl alcohol of agricultural origin, Part XXI of Annex I;

Or. en

 

Amendment  98

Proposal for a regulation

Article 1 – paragraph 2 – point v

Text proposed by the Commission	Amendment
(v) apiculture, Part XXII of Annex I;	(v) apiculture products, Part XXII of Annex I;

Or. en

 

Amendment  99

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Taking into account the specificities of the rice sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to update the definitions concerning the rice sector set out in Part I of Annex II.	deleted

Or. en

 

Amendment  100

Proposal for a regulation

Article 3 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. For the purposes of this Regulation, ‘adverse climatic events’ shall mean weather conditions which can be assimilated to a natural disaster, such as frost, hail, ice, rain or drought, which destroy or reduce production by more than 30 % compared to the average annual production of a given farmer. The average annual production shall be calculated on the basis of the preceding three-year period or on the basis of a three-year average based on the preceding five-year period, excluding the highest and lowest entry.

Or. en

 

Amendment  101

Proposal for a regulation

Article 3 – point 4b (new)

Text proposed by the Commission	Amendment
	4b. For the purposes of this Regulation, ‘advanced systems of sustainable production’, ‘advanced methods of sustainable production’ and ‘advanced measures for sustainable production’ shall mean agricultural practices which go beyond the cross-compliance requirements provided for in Title VI of Regulation (EU) No [...] (horizontal regulation on the CAP) and are continuously evolving to improve the management of natural nutrients, the water cycle and energy flows so as to reduce damage to the environment and wastage of non-renewable resources and to maintain crops, livestock and natural diversity at a high level in production systems.

Or. en

 

Amendment  102

Proposal for a regulation

Article 4

Text proposed by the Commission	Amendment
The Commission may, by means of implementing acts, when necessary due to amendments to the combined nomenclature, adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation or other acts adopted under Article 43 of the Treaty. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	The Commission shall be empowered to adopt delegated acts in accordance with Article 160, when necessary due to amendments to the combined nomenclature, in order to adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation.

Or. en

 

Amendment  103

Proposal for a regulation

Article 6 – point a

Text proposed by the Commission	Amendment
(a) 1 January to 31 December of a given year for the banana sector;	(a) 1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors;

Or. en

 

Amendment  104

Proposal for a regulation

Article 6 - paragraph 2

Text proposed by the Commission	Amendment
Taking into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix the marketing years for those products.	deleted

Or. en

 

Amendment  105

Proposal for a regulation

Article 7

Text proposed by the Commission	Amendment
Article 7	Article 7
Reference prices	Reference prices
The following reference prices are fixed:	1. For the purposes of the application of Part II, Title I, Chapter I and Part V, Chapter I, the following reference prices are fixed:
(a) as regards the cereals sector, EUR 101,31/tonne, related to the wholesale stage for goods delivered to the warehouse, before unloading;	(a) as regards the cereals sector, EUR 101,31/tonne, related to the wholesale stage for goods delivered to the warehouse, before unloading;
(b) as regards paddy rice, EUR 150/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading;	(b) as regards paddy rice, EUR 150/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading;
(c) as regards sugar of standard quality as defined in point B of Annex III, related to unpacked sugar, ex-factory:	(c) as regards sugar of standard quality as defined in point B of Annex III, related to unpacked sugar, ex-factory:
(i) for white sugar: EUR 404,4/tonne;	(i) for white sugar: EUR 404,4/tonne;
(ii) for raw sugar: EUR 335,2/tonne.	(ii) for raw sugar: EUR 335,2/tonne.
(d) as regards the beef and veal sector, EUR 2 224/tonne for carcasses of male bovine animals of grade R3 as laid down in the Union scale for the classification of carcasses of adult bovine animals pursuant to Article 18(8);	(d) as regards the beef and veal sector, EUR 2 224/tonne for carcasses of male bovine animals of grade R3 as laid down in the Union scale for the classification of carcasses of adult bovine animals pursuant to Article 9a;
(e) as regards the milk and milk products sector:	(e) as regards the milk and milk products sector:
(i) EUR 246,39 per 100 kg for butter;	(i) EUR 246,39 per 100 kg for butter;
(ii) EUR 169,80 per 100 kg for skimmed milk powder;	(ii) EUR 169,80 per 100 kg for skimmed milk powder;
(f) as regards pigmeat, EUR 1 509,39/tonne for pig carcasses of a standard quality defined in terms of weight and lean meat content as laid down in the Union scale for the classification of pig carcasses pursuant to Article 18(8) as follows:	(f) as regards pigmeat, EUR 1 509,39/tonne for pig carcasses of a standard quality defined in terms of weight and lean meat content as laid down in the Union scale for the classification of pig carcasses pursuant to Article 9a as follows:
(i) carcasses weighing from 60 to less than 120 kg: grade E;	(i) carcasses weighing from 60 to less than 120 kg: grade E;
(ii) carcasses weighing from 120 to 180 kg: grade R.	(ii) carcasses weighing from 120 to 180 kg: grade R.
	(fa) as regards the olive oil sector:
	(i) EUR 2388/tonne for extra virgin olive oil;
	(ii) EUR 2295/tonne for virgin olive oil;
	(iii) EUR 1524/tonne for lampante olive oil with 2 degrees of free acidity, this amount being reduced by EUR 36.70/tonne for each additional degree of acidity.
	1a. The reference prices shall be reviewed, at regular intervals, on the basis of objective criteria, notably the developments in production, production costs, particularly the costs of inputs, and market trends. When necessary, the reference prices shall be updated in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty.
	The intervals for review may differ among the product categories and shall take into account the volatility pattern of each product category.

Or. en

 

Amendment  106

Proposal for a regulation

Article 9

Text proposed by the Commission	Amendment
Origin of eligible products	Origin of eligible products
Products eligible for buying-in under public intervention or for the granting of aid for private storage shall originate in the Union. In addition, if they come from crops, those crops shall have been harvested in the Union and if they come from milk, that milk shall have been produced in the Union.	Products eligible for buying-in under public intervention or for the granting of aid for private storage shall originate in the Union. In addition, if they come from crops, those crops shall have been harvested in the Union and if they are animal products, the entire production process shall have been carried out in the Union.

Or. en

 

Amendment  107

Proposal for a regulation

Article 9 a (new)

Text proposed by the Commission	Amendment
	Article 9a
	Union scales and inspections
	1. Union scales for the classification of carcasses shall apply in accordance with the rules laid down in Annex IIIa in the following sectors:
	(a) beef and veal as regards carcasses of adult bovine animals;
	(b) pigmeat as regards carcasses of pigs other than those which have been used for breeding.
	In the sheepmeat and goatmeat sector Member States may apply a Union scale for the classification of carcasses as regards sheep carcasses in accordance with the rules laid down in point C of Annex IIIa.
	2. On-the-spot inspections in relation to the classification of carcasses of adult bovine animals and sheep shall be carried out on behalf of the Union by a Union inspection committee composed of experts from the Commission and experts appointed by the Member States. That Committee shall report back to the Commission and the Member States on the inspections carried out.
	The Union shall bear the costs resulting from the inspections carried out.

Or. en

 

Amendment  108

Proposal for a regulation

Article 10

Text proposed by the Commission	Amendment
Article 10	Article 10
Products eligible for public intervention	Products eligible for public intervention
Public intervention shall apply in respect of the following products subject to the conditions laid down in this Section and requirements and conditions to be determined by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 18 and 19:	Public intervention shall apply in respect of the following products in accordance with the conditions laid down in this Section and any additional requirements and conditions that may be determined by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 18 and 19:
(a) common wheat, barley and maize;	(a) common wheat, durum wheat, sorghum, barley and maize ;
(b) paddy rice;	(b) paddy rice;
(c) fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;	(c) fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;
(d) butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %;	(d) butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %;
(e) skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein-content of 34,0 % by weight of the fat free dry matter.	(e) skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein-content of 34,0 % by weight of the fat free dry matter.

Or. en

 

Amendment  109

Proposal for a regulation

Article 10 a (new)

Text proposed by the Commission	Amendment
	Article 10a
	Strategic stocks
	In order to prevent severe market imbalances and to guarantee the continuity of livestock sectors, strategic stocks of raw materials for livestock feed shall be established.
	The Commission shall adopt delegated acts in accordance with Article 160, to establish the strategic stocks referred to in the first paragraph and to ensure their proper functioning.

Or. en

 

Amendment  110

Proposal for a regulation

Article 11

Text proposed by the Commission	Amendment
Article 11	Article 11
Public intervention period	Public intervention periods
Public intervention shall be available for:	Public intervention shall be available for the products listed in Article 10 throughout the year.
(a) common wheat, barley and maize, from 1 November to 31 May;
(b) paddy rice, from 1 April to 31 July;
(c) beef and veal, throughout the marketing year;
(d) butter and skimmed milk powder, from 1 March to 31 August;

Or. en

 

Amendment  111

Proposal for a regulation

Article 12

Text proposed by the Commission	Amendment
Article 12	Article 12
Opening and closing of public intervention	Opening and closing of public intervention
1. During the periods referred to in Article 11, public intervention:	1. Public intervention:
(a) shall be open for common wheat, butter and skimmed milk powder;	(a) shall be open for common wheat, butter and skimmed milk powder;
(b) may be opened by the Commission, by means of implementing acts, for barley, maize, and paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);	(b) shall be opened by the Commission, by means of implementing acts, for durum wheat, sorghum, barley, maize, paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);
(c) may be opened for the beef and veal sector by the Commission, by means of other implementing acts, if the average market price over a representative period adopted pursuant to Article 19(a) 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 adopted pursuant to Article 18(8) is below EUR 1 560/tonne.	(c) shall be opened for the beef and veal sector by the Commission, by means of other implementing acts adopted without the application of Article 162(2) or (3), if the average market price over a representative period determined pursuant to Article 19(a) 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 adopted pursuant to Article 9a is below 90 % of the reference price laid down in Article 7(1)(d).
2. The Commission may, by means of implementing acts, close public intervention for the beef and veal sector, where, over a representative period adopted pursuant to Article 19(a), the conditions provided for in point (c) of paragraph 1 are no longer fulfilled.	2. The Commission shall, by means of implementing acts adopted without the application of Article 162(2) or (3), close public intervention for the beef and veal sector, where, over a representative period adopted pursuant to Article 19(a), the conditions provided for in point (c) of paragraph 1 are no longer fulfilled.

Or. en

 

Amendment  112

Proposal for a regulation

Article 13

Text proposed by the Commission	Amendment
Article 13	Article 13
Buying-in at a fixed price or tendering	Buying-in at a fixed price or tendering
1. Where public intervention is open pursuant to point (a) of Article 12(1), buying-in shall be carried out at a fixed price within the following limits for each period referred to in Article 11:	1. Where public intervention is open pursuant to point (a) of Article 12(1), buying-in shall be carried out at the fixed price set in Article 14(2), within the following limits for each period referred to in Article 11:
(a) for common wheat, 3 million tonnes;	(a) for common wheat, 3 million tonnes;
(b) for butter, 30 000 tonnes;	(b) for butter, 70 000 tonnes;
(c) for skimmed milk powder, 109 000 tonnes.	(c) for skimmed milk powder, 109 000 tonnes.
2. Where public intervention is open pursuant to Article 12(1), buying-in shall be carried out by way of a tendering procedure to determine the maximum buying-in price:	2. Where public intervention is open pursuant to Article 12(1), buying-in shall be carried out by way of a tendering procedure to determine the maximum buying-in price:
(a) for common wheat, butter and skimmed milk powder beyond the limits referred to in paragraph 1,	(a) for common wheat, butter and skimmed milk powder beyond the limits referred to in paragraph 1,
(b) for barley, maize, paddy rice and beef and veal.	(b) for durum wheat, sorghum, barley, maize, paddy rice and beef and veal.
In special and duly justified circumstances, the Commission may, by means of implementing acts, restrict tendering procedures to a Member State or region of a Member State, or, subject to Article 14(2), determine the buying-in prices for public intervention per Member State or region of a Member State on the basis of recorded average market prices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	In special and duly justified circumstances, the Commission may, by means of implementing acts, restrict tendering procedures to a Member State or region of a Member State, or, subject to Article 14(2), determine the buying-in prices for public intervention per Member State or region of a Member State on the basis of recorded average market prices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Or. en

 

Amendment  113

Proposal for a regulation

Article 14

Text proposed by the Commission	Amendment
Article 14	Article 14
Public intervention prices	Public intervention prices
1. Public intervention price shall mean:	1. Public intervention price shall mean:
(a) the price at which products shall be bought-in under public intervention where this is done at a fixed price, or	(a) the price at which products shall be bought-in under public intervention where this is done at a fixed price, or
(b) the maximum price at which products eligible for public intervention may be bought-in where this is done by tendering.	(b) the maximum price at which products eligible for public intervention may be bought-in where this is done by tendering.
2. The level of the public intervention price:	2. The level of the public intervention price:
(a) for common wheat, barley, maize, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;	(a) for common wheat, durum wheat, sorghum, barley, maize, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;
(b) for butter shall be equal to 90 % of the reference price fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed 90 % of the reference price in the case of buying-in by tendering;	(b) for butter shall be equal to 90 % of the reference price fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed 90 % of the reference price in the case of buying-in by tendering;
(c) for beef and veal, shall not exceed the price referred to in point (c) of Article 12(1).	(c) for beef and veal, shall not exceed 90 % of the reference price stated in point (d) of Article 7(1).
3. The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common wheat, barley, maize and paddy rice. Moreover, taking into account the need to ensure that production is orientated towards certain varieties of paddy rice, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases and reductions of the public intervention price.	3. The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common wheat, durum wheat, sorghum, barley, maize and paddy rice.

Or. en

 

Amendment  114

Proposal for a regulation

Article 15

Text proposed by the Commission	Amendment
Article 15	Article 15
General principles on disposal from public intervention	General principles on disposal from public intervention
Disposal of products bought in under public intervention shall take place in such a way as to:	1. Disposal of products bought in under public intervention shall take place in such a way as to:
(a) avoid any disturbance of the market,	(a) avoid any disturbance of the market,
(b) ensure equal access to goods and equal treatment of purchasers and	(b) ensure equal access to goods and equal treatment of purchasers and
(c) be in compliance with the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty.	(c) be in compliance with the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty.
Products may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No […] if that scheme so provides. In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).	2. Products may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No […] In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).
	2a. Each year the Commission shall publish details of the conditions under which the public intervention stocks were sold the previous year.

Or. en

 

Amendment  115

Proposal for a regulation

Article 16 — paragraph 1

Text proposed by the Commission	Amendment
Aid for private storage may be granted in respect of the following products subject to the conditions set out in this Section and to requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Article 17 to 19:	Aid for private storage may be granted in respect of the following products in accordance with the conditions set out in this Section and any further requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 17 to 19:

Or. en

 

Amendment  116

Proposal for a regulation

Article 16 – point b

Text proposed by the Commission	Amendment
(b) olive oil;	(b) olive oil and table olives;

Or. en

 

Amendment  117

Proposal for a regulation

Article 16 – point e a (new)

Text proposed by the Commission	Amendment
	(ea) cheeses.

Or. en

 

Amendment  118

Proposal for a regulation

Article 17

Text proposed by the Commission	Amendment
Article 17	Article 17
Conditions for granting aid	Conditions for granting aid
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account average recorded Union market prices and the reference prices for the products concerned or the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States.	1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account:
	(a) average recorded Union market prices and the reference prices and production costs for the products concerned and/or
	(b) the need to respond in a timely way to a particularly difficult market situation or economic developments, either or both of which have a significant impact on producers’ profit margins in the sector in one or more Member States and/or
	(ba) the particular nature of certain sectors or the seasonal nature of production in certain Member States.
2. The Commission may, by means of implementing acts, decide to grant private storage aid for the products listed in Article 16, taking into account the conditions referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	2. The Commission may, by means of implementing acts, decide to grant private storage aid for the products listed in Article 16, taking into account the conditions referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
3. The Commission shall, by means of implementing acts fix the aid for private storage provided for in Article 16 in advance or by means of tendering procedures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	3. The Commission shall, by means of implementing acts fix the aid for private storage provided for in Article 16 in advance or by means of tendering procedures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
4. The Commission may, by means of implementing acts, restrict the granting of private storage aid or fix the private storage aid per Member State or region of a Member State on the basis of recorded average market prices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	4. The Commission may, by means of implementing acts, restrict the granting of private storage aid or fix the private storage aid per Member State or region of a Member State on the basis of recorded average market prices and the applicants’ profit margins. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Or. en

 

Amendment  119

Proposal for a regulation

Part II – Title I – chapter I – Section 3 a (new)

Text proposed by the Commission	Amendment
	SECTION 3A
	COORDINATION OF OPERATIONS INVOLVING TEMPORARY WITHDRAWAL FROM THE MARKET
	Article 17a
	Coordination of operations involving temporary withdrawal from the market
	1. For the purpose of preventing major market imbalances or restoring the normal operation of the market in the event of it being seriously disrupted, associations of producer organisations from one of the sectors referred to in Paragraph 2(1) of this Regulation which are considered to be representative within the meaning of Article 110 of this Regulation may set up and operate a system for the coordination of temporary withdrawals from the market on the part of their members.
	These provisions shall be applied without prejudice to Part IV of this Regulation and do not fall within the scope of Article 101(1) of the Treaty.
	2. If an association of producer organisations decides to activate this system, it shall be mandatory for all its members.
	3. The system shall be financed by:
	(a) the financial contributions paid by member organisations and/or the association of producer organisations itself and, where appropriate,
	(b) the Union aid referred to in Article 8, in accordance with the conditions laid down by the Commission under point (c) of Article 18(9a), which aid may not, in any event, exceed 50 % of the total cost.
	4. The Commission shall be empowered to adopt delegated acts, in accordance withArticle 160, to ensure that the way in which the system operates is consistent with the objectives of the CAP and does not impede the smooth functioning of the internal market.

Or. en

 

Amendment  120

Proposal for a regulation

Part II – Title I – Chapter I – Section 4 – title

Text proposed by the Commission	Amendment
SECTION 4	SECTION 4
COMMON PROVISIONS ON PUBLIC INTERVENTION AND AID FOR PRIVATE STORAGE	COMMON PROVISIONS ON PUBLIC INTERVENTION AND AID FOR PRIVATE STORAGE AND FOR THE SYSTEM TO COORDINATE TEMPORARY WITHDRAWALS FROM THE MARKET

Or. en

 

Amendment  121

Proposal for a regulation

Article 18

Text proposed by the Commission	Amendment
Article 18	Article 18
Delegated powers	Delegated powers
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 9 of this Article.	1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 9 of this Article.
2. Taking into account the specificities of the different sectors, the Commission may, by means of delegated acts, adopt the requirements and conditions to be met by products bought-in under public intervention and stored under the system of granting an aid for private storage, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim at guaranteeing the eligibility and quality of the products bought-in and stored, with respect to quality groups, quality grades, categories, quantities, packaging, labelling, maximum ages, preservation, the stage of the products to which the public intervention price and the aid for private storage applies.	2. Taking into account the specificities of the different sectors, the Commission may, by means of delegated acts, adopt the requirements and conditions to be met by products bought-in under public intervention and stored under the system of granting an aid for private storage, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim at guaranteeing the eligibility and quality of the products bought-in and stored, with respect to quality groups, quality grades, categories, quantities, packaging, labelling, maximum ages, preservation, the stage of the products to which the public intervention price and the aid for private storage applies.
3. Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat, barley, maize and paddy rice.	3. Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat, durum wheat, sorghum, barley, maize and paddy rice.
	3a. Taking into account the particular seasonal and/or the specific nature of certain farms in some Member States or regions, the Commission shall be empowered to adopt delegated acts, setting different objective conditions and governing factors that justify the triggering of private storage.
4. Taking into account the specificities of the beef and veal sector, the Commission may, by means of delegated acts, adopt rules concerning the obligation for the paying agencies to have all the beef boned after the take-over and prior to the placing into storage.	4. Taking into account the specificities of the beef and veal sector, the Commission may, by means of delegated acts, adopt rules concerning the obligation for the paying agencies to have all the beef boned after the take-over and prior to the placing into storage.
5. Taking into account the diversity of situations relating to the storage of intervention stocks in the Union and ensuring adequate access to public intervention for operators, the Commission shall, by means of delegated acts, adopt:	5. Taking into account the diversity of situations relating to the storage of intervention stocks in the Union and ensuring adequate access to public intervention for operators, the Commission shall, by means of delegated acts, adopt:
(a) the requirements to be met by intervention storage places for the products to be bought-in under the system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken-over in good condition and for their disposal at the end of the storage period;	(a) the requirements to be met by intervention storage places for the products to be bought-in under the system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken-over in good condition and for their disposal at the end of the storage period;
(b) rules on sale of small quantities remaining in storage in the Member States, to be carried out under their responsibility, by applying the same procedures as those applied by the Union; and rules for direct sale of quantities which may no longer be repackaged or are deteriorated;	(b) rules on sale of small quantities remaining in storage in the Member States, to be carried out under their responsibility, by applying the same procedures as those applied by the Union; and rules for direct sale of quantities which may no longer be repackaged or are deteriorated;
(c) rules on storage of products inside and outside the Member State responsible for them and for treatment of such products as regards customs duties and any other amounts to be granted or levied under the CAP.	(c) rules on storage of products inside and outside the Member State responsible for them and for treatment of such products as regards customs duties and any other amounts to be granted or levied under the CAP.
	(ca) the conditions according to which it may be decided that products covered by private storage contracts may be re-marketed or disposed of;
6. Taking into account the need to ensure that aid for private storage has the desired effect on the market, the Commission, by means of delegated acts:	6. Taking into account the need to ensure that aid for private storage has the desired effect on the market, the Commission, by means of delegated acts:
(a) shall adopt measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity;	(a) shall adopt measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity;
(b) may lay down conditions for granting of an advance payment.	(b) may lay down conditions for granting of an advance payment.
7. Taking into account the rights and obligations of operators participating in public intervention or private storage, the Commission may, by means of delegated acts, adopt rules on:	7. Taking into account the rights and obligations of operators participating in public intervention or private storage, the Commission may, by means of delegated acts, adopt rules on:
(a) the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;	(a) the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;
(b) eligibility of operators;	(b) eligibility of operators;
(c) the obligation to lodge a security guaranteeing the execution of operators' obligations.	(c) the obligation to lodge a security guaranteeing the execution of operators' obligations.
	7a. Taking into account the technical developments and the needs of the sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 adapting and updating the provisions on the classification, identification and presentation of adult bovine carcasses, pig carcasses and sheep carcasses laid down in Annex IIIa.
	7b.Taking into account the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and private storage in the beef and veal, pig-meat and sheep-meat sectors as applicable, the Commission shall be empowered to adopt delegated acts:
	(a) laying down provisions on the classification, grading (including by automated grading techniques), presentation, lean-meat content, identification and weighing and marking of carcasses;
	(b) laying down rules on the calculation of average Union prices and the obligations on operators to submit information on beef, pig and sheep carcasses, in particular as regards market and representative prices.
	7c. Taking into account the special characteristics existing within the Union, the Commission shall be empowered to adopt delegated acts laying down derogations from the provisions, in particular:
	(a) providing for derogations which may be granted by Member States to slaughterhouses in which few bovine animals are slaughtered;
	(b) authorising Member States not to make application of the grading scale for pig carcase classification and to use assessment criteria in addition to weight and estimated lean-meat content.
	7d. Taking into account the need to ensure that the Union inspection committee fulfils its objectives, the Commission shall be empowered to adopt delegated acts laying down the responsibilities and the composition of that committee.
8. Taking into account the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and aid for private storage, the Commission may, by means of delegated acts, adopt Union scales for the classification of carcasses in the following sectors:
(a) beef and veal;
(b) pigmeat;
(c) sheepmeat and goatmeat.
9. Taking into account the need to ensure the accuracy and reliability of the classification of carcasses, the Commission may, by means of delegated acts, provide for the review of the application of classification of carcasses in Member States by a Union committee composed of experts from the Commission and experts appointed by the Member States. Those provisions may provide for the Union to bear the costs resulting from the review activity.

Or. en

 

Amendment  122

Proposal for a regulation

Article 18 – paragraph 9 a (new)

Text proposed by the Commission	Amendment
	9a. Given the need to ensure the proper functioning of the system to coordinate temporary withdrawals from the market, the Commission shall be empowered to adopt delegated acts, laying down the requirements to be met by the system, including in particular:
	(a) the general conditions governing its activation and the way it operates;
	(b) the obligations which associations of producer organisations must fulfil to enable the system to be implemented;
	(c) the rules governing its funding, and in particular the conditions subject to which the Commission is to decide that Community funding in the form of aid for private storage may or may not be granted to associations of producer organisations;
	(d) rules to ensure that there is no possibility of an excessive percentage of products normally available being immobilised by the activation of the system.

Or. en

 

 

Amendment  123

Proposal for a regulation

Article 19

Text proposed by the Commission	Amendment
Article 19	Article 19
Implementing powers in accordance with the examination procedure	Implementing powers in accordance with the examination procedure
The Commission shall, by means of implementing acts, adopt necessary measures aiming at reaching a uniform application of this Chapter throughout the Union. Those rules may, in particular, concern the following:	The Commission shall, by means of implementing acts, adopt necessary measures aiming at reaching a uniform application of this Chapter throughout the Union. Those rules may, in particular, concern the following:
(a) the representative periods, markets and market prices necessary for the application of this Chapter;	(a) the representative periods, markets, market prices and profit margin trends necessary for the application of this Chapter;
(b) the procedures and conditions for the delivery of the products to be bought-in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment;	(b) the procedures and conditions for the delivery of the products to be bought-in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment;
(c) the different operations connected with the boning process for the beef and veal sector;	(c) the different operations connected with the boning process for the beef and veal sector;
(d) any authorisation of storage outside the territory of the Member State where the products have been bought-in and stored;	(d) any authorisation of storage outside the territory of the Member State where the products have been bought-in and stored;
(e) the conditions for the sale or disposal of products bought-in under public intervention, in particular, regarding selling prices, the conditions for removal from storage, the subsequent use or destination of products released, including procedures relating to products made available for use in the scheme for food distribution to the most deprived in the Union, including transfers between Member States;	(e) the conditions for the sale or disposal of products bought-in under public intervention, in particular, regarding selling prices, the conditions for removal from storage, the subsequent use or destination of products released, including procedures relating to products made available for use in the scheme for food distribution to the most deprived in the Union, including transfers between Member States;
(f) the conclusion and the content of contracts between the competent authority of the Member State and the applicants;	(f) the conclusion and the content of contracts between the competent authority of the Member State and the applicants;
(g) the placing and keeping in private storage and removal from storage;	(g) the placing and keeping in private storage and removal from storage;
(h) the duration of the private storage period and the conditions according to which such periods, once specified in the contracts, may be curtailed or extended;	(h) the duration of the private storage period and the conditions according to which such periods, once specified in the contracts, may be curtailed or extended;
(i) the conditions according to which it may be decided that products covered by private storage contracts may be re-marketed or disposed of;
(j) the rules relating to the procedures to be followed for buying-in at a fixed price or for granting the aid for private storage at a fixed price;	(j) the rules relating to the procedures to be followed for buying-in at a fixed price or for granting the aid for private storage at a fixed price;
(k) the use of tendering procedures, both for public intervention and for private storage, in particular concerning:	(k) the use of tendering procedures, both for public intervention and for private storage, in particular concerning:
(i) the submission of offers or tenders, and the minimum quantity for an application or submission and	(i) the submission of offers or tenders, and the minimum quantity for an application or submission and
(ii) selection of offers ensuring that preference is given to those which are most favourable to the Union whilst permitting that the award of a contract shall not necessarily ensue.	(ii) selection of offers ensuring that preference is given to those which are most favourable to the Union whilst permitting that the award of a contract shall not necessarily ensue.
	(ka) the practical rules for the marking of classified carcasses;
	(kb) the implementation of Union scales for the classification of beef, pig and sheep carcasses in particular as regards:
	(i) the communication of classification results,
	(ii) checks, inspection reports and follow-up actions;
	(kc) on-the-spot inspections in relation to the classification and price reporting of carcasses of adult bovine animals and sheep on behalf of the Union by Union inspection committee;
	(kd) the practical rules for the calculation, by the Commission, of the weighted average Union price for beef, pig and sheep carcasses;
	(ke) the procedures to determine qualified classifiers of carcasses of adult bovines and sheep by Member States.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Or. en

 

Amendment  124

Proposal for a regulation

Part II – Title I – Chapter II – Section 1

Text proposed by the Commission	Amendment
Section 1	Section 1
SCHEMES TO IMPROVE ACCESS TO FOOD	SCHEMES TO IMPROVE ACCESS TO FOOD AND IMPROVE CHILDREN'S EATING HABITS
	Article 20 a
	Target group
	Aid schemes intended to improve access to food and to improve children’s eating habits are aimed at children who regularly attend primary or secondary-level educational establishments and nurseries, pre-school or other establishments offering extracurricular activities which are administered or recognised by the competent authorities of Member States.

Or. en

 

Amendment  125

Proposal for a regulation

Part 2 – title 1 – chapter 2 – section 1 – subsection 1 – title

Text proposed by the Commission	Amendment
SUBSECTION 1	SUBSECTION 1
SCHOOL FRUIT	SCHOOL FRUIT AND VEGETABLES SCHEME

Or. en

 

Amendment  126

Proposal for a regulation

Article 21

Text proposed by the Commission	Amendment
Article 21	Article 21
Aid for the supply of fruit and vegetable, processed fruit and vegetable and banana products to children	Aid for the supply of fruit and vegetables, processed fruit and vegetables and banana products to children
1. Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 22 and 23, Union aid shall be granted for:	1. Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 22 and 23, Union aid shall be granted for:
(a) the supply to children in educational establishments, 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	(a) the supply to children in the establishments referred to in Article 20a of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and
(b) certain related costs linked to logistics and distribution, equipment, publicity, monitoring, evaluation and accompanying measures.	(b) certain related costs linked to logistics and distribution, equipment, publicity, monitoring, evaluation and accompanying measures.
2. Member States wishing to participate in the scheme shall draw up, at national or regional level, a prior strategy for the implementation of the scheme. They shall also provide for the accompanying measures necessary to make the scheme effective.	2. Member States wishing to participate in the scheme shall draw up, at national or regional level, a prior strategy for its implementation. They shall also provide for the accompanying measures, which may include information on measures for education about healthy eating habits, about local food chains and about combating food wastage that are necessary to make the scheme effective.
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 the measures adopted by the Commission by means of delegated acts pursuant to point (a) of Article 22(2). Member States 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 originating in the Union.	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 the measures adopted by the Commission by means of delegated acts pursuant to point (a) of Article 22(2). Member States shall choose their products on the basis of objective criteria which may include the health and environmental benefits, seasonality, variety, or availability of produce, giving priority to local food chains. In this connection, Member States shall give preference to products originating in the Union.
4. The Union aid referred to in paragraph 1 shall neither:	4. The Union aid referred to in paragraph 1 shall neither:
(a) exceed EUR 150 million per school year; nor	(a) exceed EUR 150 million per school year; nor
(b) exceed 75 % of the costs of supply and related costs referred to in paragraph 1, or 90 % of such costs in less developed regions and in the outermost regions referred to in Article 349 of the Treaty; nor	(b) exceed 75 % of the costs of supply and related costs referred to in paragraph 1, or 90 % of such costs in less developed regions in the outermost regions referred to in Article 349 of the Treaty and in the small Aegean islands, as defined in Article 1(2), of Regulation (EC) No 1405/2006; nor
(c) cover costs other than the costs of supply and related costs referred to in paragraph 1.	(c) cover costs other than the costs of supply and related costs referred to in paragraph 1.
	4a. The Union aid provided for in paragraph 1 shall be allocated to each Member State on the basis of objective criteria based on the proportion of six to ten year old children enrolled with the educational establishments defined in Article 20a. However, Member States participating in the scheme shall each receive at least EUR 175 000 of Union aid. They shall request Union aid every year on the basis of their strategy. Following the requests of the Member States, the Commission shall decide on definitive allocations, within the appropriations available in the budget.
5. Union aid provided for in paragraph 1 shall not be used to replace funding for any existing national school fruit schemes or other school distribution schemes that include fruit. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted provided that the limits of point (b) of paragraph 4 are abided by as regards the proportion of Union aid to the total national contribution. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.	5. Union aid provided for in paragraph 1 shall not be used to replace funding for any existing national school fruit and vegetables schemes or other school distribution schemes that include fruit and vegetables. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted provided that the limits of point (b) of paragraph 4 are abided by as regards the proportion of Union aid to the total national contribution. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.
6. Member States may, in addition to Union aid, grant national aid in accordance with Article 152.	6. Member States may, in addition to Union aid, grant national aid in accordance with Article 152.
7. The Union School Fruit Scheme shall be without prejudice to any separate national school fruit schemes which are compatible with Union law.	7. The Union School Fruit and Vegetables Scheme shall be without prejudice to any separate national school fruit and vegetables schemes which are compatible with Union law.
8. The Union may also finance, under Article 6 of Regulation (EU) No […] on the financing, management and monitoring of the common agricultural policy, information, monitoring and evaluation measures relating to the School Fruit Scheme, including raising public awareness of it, and related networking measures.	8. The Union may also finance, under Article 6 of Regulation (EU) No […] on the financing, management and monitoring of the common agricultural policy, information, monitoring and evaluation measures relating to the School Fruit and Vegetables Scheme, including raising public awareness of it, and related networking measures.
	8a. Member States participating in the scheme shall publicise, at the places where the food is distributed, their involvement in the aid scheme and the fact that it is subsidised by the Union.

Or. en

 

Amendment  127

Proposal for a regulation

Article 22

Text proposed by the Commission	Amendment
Article 22	Article 22
Delegated powers	Delegated powers
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article.	1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article.
2. Taking into account the need to promote the healthy eating habits of children, the Commission may, by means of delegated acts, adopt rules on:	2. Taking into account the need to ensure the effectiveness of the scheme in achievingthe objectives which are set for it, the Commission may, by means of delegated acts, adopt rules on:
(a) the products that are ineligible for the scheme, taking into account nutritional aspects;	(a) the products that are ineligible for the scheme, taking into account nutritional aspects;
(b) the target group of 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;	(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.	(d) the approval and selection of aid applicants.
3. Taking into account the need to ensure the efficient and targeted use of European Funds, the Commission may by means of delegated acts, adopt rules on:	3. Taking into account the need to ensure the efficient and targeted use of European Funds, the Commission may by means of delegated acts, adopt rules on:
(a) objective criteria for the allocation of aid between Member States, the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on applications received;	(a) additional criteria for the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on aid applications received;
(b) the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs;	(b) the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs;
(c) monitoring and evaluation.	(c) monitoring and evaluation.
4. Taking into account the need to promote awareness of the scheme the Commission may, by means of delegated acts, require participating Member States to publicise the subsidising role of the scheme.	4. Taking into account the need to promote awareness of the scheme the Commission may, by means of delegated acts, specify the conditions in accordance with which Member States shall publicise their participation in the aid scheme and the fact that it is subsidised by the Union.

Or. en

 

Amendment  128

Proposal for a regulation

Article 23

Text proposed by the Commission	Amendment
Article 23	Article 23
Implementing powers in accordance with the examination procedure	Implementing powers in accordance with the examination procedure
The Commission may, by means of implementing acts, adopt all necessary measures related to this Subsection as regards, in particular:	The Commission may, by means of implementing acts, adopt the necessary measures related to this Subsection as regards:
(a) the definitive allocation of aid between participating Member States within the appropriations available in the budget;	(a) the definitive allocation of aid between participating Member States within the appropriations available in the budget;
(b) the aid applications and payments;	(b) the aid applications and payments;
(c) the methods of publicising, and networking measures in respect of, the scheme.	(c) the methods of publicising, and networking measures in respect of, the scheme.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Or. en

 

Amendment  129

Proposal for a regulation

Article 24

Text proposed by the Commission	Amendment
Article 24	Article 24
Supply of milk products to children	Aid for the supply of milk and milk products to children
1. Union aid shall be granted for supplying to children in educational establishments certain products of the milk and milk products sector.	1. Under conditions to be determined by the Commission by means of delegated acts and implementing acts pursuant to Articles 25 and 26, Union aid shall be granted for supplying to children in the establishments referred to in Article 20a milk and milk products falling within CN codes 0401, 0403, 0404 90 and 0406 or CN code 2202 90.
2. Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation.	2. Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation. They shall also provide for the accompanying measures, which may include information on measures for education about healthy eating habits, about local food chains and about combating food wastage, that are necessary to make the programme effective.
	2a. When drawing up their strategies, Member States shall draw up a list of milk and milk products that will be eligible under their respective schemes, in accordance with the rules adopted by the Commission pursuant to Article 25.
	2b. Union aid referred to in paragraph 1 shall not be used to replace funding for any existing national milk and milk products schemes or other school distribution schemes that include milk or milk products. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.
3. Member States may, in addition to Union aid, grant national aid in accordance with Article 152.	3. Member States may, in addition to Union aid, grant national aid in accordance with Article 152.
	3a. The Union school milk and milk products scheme shall be without prejudice to any separate national school schemes to encourage the consumption of milk and milk products that are compatible with Union law.
4. Measures on fixing the Union aid for all milk shall be taken by the Council in accordance with Article 43(3) of the Treaty.
5. The Union aid provided for in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per child and per school day.	5. The Union aid provided for in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per child and per school day.
	5a. Member States participating in the scheme shall publicise, at the places where the food is distributed, their involvement in the aid scheme and the fact that it is subsidised by the Union.

Or. en

 

Amendment  130

Proposal for a regulation

Article 25

Text proposed by the Commission	Amendment
Article 25	Article 25
Delegated powers	Delegated powers
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article.	1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article.
2. Taking into account of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market, and taking into account nutritional aspects, the Commission shall, by means of delegated acts, determine the products that are eligible for the scheme and adopt rules on the national or regional strategies that Member States must draw up in order to benefit from the aid and the target group for the scheme.	2. Taking into account the need to ensure the effectiveness of the scheme in achievingthe objectives which are set for it, the Commission may, by means of delegated acts, adopt rules on:
	(a) the products that are eligible for the scheme, in accordance with the provisions laid down in Article 24(1) and taking into account nutritional aspects;
	(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 accompanying measures;
	(d) the approval and selection of aid applicants;
	(e) monitoring and evaluation.
3. Taking into account the need to ensure that the appropriate beneficiaries and applicants qualify for the aid, the Commission shall, by means of delegated acts, adopt the conditions for granting aid.	3. Taking into account the need to ensure that the appropriate beneficiaries and applicants qualify for the aid, the Commission shall, by means of delegated acts, adopt the conditions for granting aid.
Taking into account the need to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts, adopt measures on the lodging of a security guaranteeing the execution where an advance of aid is paid.	Taking into account the need to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts, adopt measures on the lodging of a security guaranteeing the execution where an advance of aid is paid.
4. Taking into account the need to promote awareness of the aid scheme, the Commission may, by means of delegated acts, require educational establishments to communicate the subsidising role of the scheme.	4. Taking into account the need to promote awareness of the scheme the Commission may, by means of delegated acts, specify the conditions in accordance with which Member States are to publicise their participation in the aid scheme and the fact that it is subsidised by the Union.

Or. en

 

Amendment  131

Proposal for a regulation

Article 26

Text proposed by the Commission	Amendment
Article 26	Article 26
Implementing powers in accordance with the examination procedure	Implementing powers in accordance with the examination procedure
The Commission may, by means of implementing acts, adopt all necessary measures as regards, in particular:	The Commission may, by means of implementing acts, adopt the necessary measures relating to this Subsection as regards:
(a) procedures to ensure the respect of the maximum quantity eligible for the aid;	(a) procedures to ensure the respect of the maximum quantity eligible for the aid;
(b) approval of applicants, aid applications and payments;	(b) aid applications and payments;
(c) the methods of publicising the scheme.	(c) the methods of publicising the scheme;
	(ca) the fixing of aid for all types of milk and milk products, taking into account the need to sufficiently encourage the supply of milk products to the establishments referred to in Article 20a.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Or. en

 

Amendment  132

Proposal for a regulation

Article 26 a (new)

Text proposed by the Commission	Amendment
	Article 26 a
	School olive oil and table olives scheme
	By…*, the European Commission shall consider proposing a scheme for olive oil and table olives similar to those promoting the consumption of dairy and fruit and vegetable products in schools. Member States shall be able to decide voluntarily to join such a scheme, thereby benefitting from Union financing of the same order as that of the existing schemes.
	__________________
	* OJ, please insert the date one year after the entry into force of this Regulation.

Or. en

 

Amendment  133

Proposal for a regulation

Article 27

Text proposed by the Commission	Amendment
Article 27	Article 27
Aid to operator organisations	Programmes to support the olive oil and table olives sector
1. The Union shall finance three-year work programmes to be drawn up by the operator organisations as defined in Article 109 in one or more of the following areas:	1. The Union shall finance three-year work programmes to be drawn up by the producer organisations recognised under Article 106 or the interbranch organisations recognised under Article 108 in one or more of the following areas:
	(-a) market follow-up and management in the olive oil and table olives sector;
(a) the improvement of the environmental impacts of olive cultivation;	(a) the improvement of the environmental impacts of olive cultivation;
	(aa) the improvement of the competitiveness of olive cultivation through modernisation and restructuring;
(b) the improvement of the production quality of olive oil and table olives;	(b) the improvement of the production quality of olive oil and table olives;
(c) the traceability system, the certification and protection of the quality of olive oil and table olives, in particular the monitoring of the quality of olive oils sold to final consumers, under the authority of the national administrations.	(c) the traceability system, the certification and protection of the quality of olive oil and table olives, in particular the monitoring of the quality of olive oils sold to final consumers, under the authority of the national administrations.
	(ca) the dissemination of information on measures carried out by producer organisations or interbranch organisations to improve the quality of olive oil and table olives.
2. The Union financing of the work programmes referred to in paragraph 1 shall be:	2. The Union financing of the work programmes referred to in paragraph 1 shall be:
(a) EUR 11 098 000 per year for Greece;	(a) EUR 11 098 000 per year for Greece;
(b) EUR 576 000 per year for France; and	(b) EUR 576 000 per year for France; and
(c) EUR 35 991 000 per year for Italy.	(c) EUR 35 991 000 per year for Italy.
	2a. Member States other than those listed in paragraph 2 may use all or part of the funding available within the financial limit laid down in Article 14 of Regulation [XXXX/XXXX] of the European Parliament and of the Council establishing rules for direct payment to farmers in order to finance the work programmes referred to in paragraph 1.
3. The maximum Union funding for the work programmes referred to in paragraph 1 shall be equal to the amounts withheld by the Member States. The maximum funding of the eligible cost shall be:	3. The maximum Union funding for the work programmes referred to in paragraph 1 shall be equal to the amounts withheld by the Member States. The maximum funding of the eligible cost shall be:
(a) 75 % for activities in the areas referred to in point (a) of paragraph 1;	(a) 75 % for activities in the areas referred to in points (-a), (a) and (aa) of paragraph 1;
(b) 75 % for fixed assets investments and 50 % for other activities in the area referred to in point (b) of paragraph 1;	(b) 75 % for fixed assets investments and 50 % for other activities in the area referred to in point (b) of paragraph 1;
(c) 75 % for the work programmes carried out in at least three third countries or non-producing Member States by approved operator organisations from at least two producer Member States in the areas referred to in point (c) of paragraph 1, and 50 % for the other activities in these areas.	(c) 75 % for the work programmes carried out in at least three third countries or non-producing Member States by approved operator organisations from at least two producer Member States in the areas referred to in points (c) and (ca) of paragraph 1, and 50 % for the other activities in these areas.
Complementary financing shall be ensured by the Member State up to 50 % of the costs not covered by the Union funding.	Complementary financing shall be ensured by the Member State up to 50 % of the costs not covered by the Union funding.

Or. en

 

Amendment  134

Proposal for a regulation

Article 28

Text proposed by the Commission	Amendment
Article 28	Article 28
Delegated powers	Delegated powers
1. Taking into account the need to ensure that aid provided for in Article 27 meets its objectives of improving the production quality of olive oil and table olives, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning:	1. Taking into account the need to ensure that aid provided for in Article 27 meets its objectives of improving the production quality of olive oil and table olives, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning:
(a) conditions for the approval of operator organisations for the purposes of the aid scheme, and for the suspension or withdrawal of such approval;
(b) measures eligible for Union financing;	(b) the details of measures eligible for Union financing;
(c) allocation of Union financing to particular measures;	(c) allocation of Union financing to particular measures;
(d) activities and costs that are not eligible for Union financing;	(d) activities and costs that are not eligible for Union financing;
(e) selection and approval of work programmes.	(e) selection and approval of work programmes.
2. Taking into account the need to ensure that operators respect their obligations, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to require the lodging of a security where an advance payment of aid is made.	2. Taking into account the need to ensure that operators respect their obligations, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to require the lodging of a security where an advance payment of aid is made.

Or. en

 

Amendment  135

Proposal for a regulation

Article 30

Text proposed by the Commission	Amendment
Article 30	Article 30
Operational funds	Operational funds
1. Producer organisations in the fruit and vegetables sector may set up an operational fund. The fund shall be financed by:	1. Producer organisations and/or their associations in the fruit and vegetables sector may set up a three to five-year operational fund. The fund shall be financed by:
(a) financial contributions of members or of the producer organisation itself;	(a) financial contributions from:
	(i) members of the producer organisation and/or the producer organisation itself; or
	(ii) associations of producer organisations through the members of these associations.
(b) Union financial assistance which may be granted to producer organisations in accordance with the terms and conditions set out in delegated and implementing acts adopted by the Commission pursuant to Articles 35 and 36.	(b) Union financial assistance which may be granted to producer organisations, or to associations thereof, where those associations present, manage and implement an operational programme or a partial operational programme, in accordance with the terms and conditions set out in delegated and implementing acts adopted by the Commission pursuant to Articles 35 and 36.
2. Operational funds shall be used only to finance operational programmes that have been submitted to and approved by Member States.	2. Operational funds shall be used only to finance operational programmes that have been submitted to and approved by Member States.

Or. en

 

Amendment  136

Proposal for a regulation

Article 31

Text proposed by the Commission	Amendment
Article 31	Article 31
Operational programmes	Operational programmes
1. Operational programmes in the fruit and vegetables sector shall have at least two of the objectives referred to in Article 106(c) or the following objectives:	1. Operational programmes in the fruit and vegetables sector shall have at least two of the objectives referred to in Article 106(c) or two of the following objectives:
(a) planning of production;	(a) planning of production;
(b) improvement of product quality;	(b) improvement of product quality, whether in a fresh or processed form;
(c) boosting products’ commercial value;	(c) boosting products’ commercial value;
(d) promotion of the products, whether in a fresh or processed form;	(d) promotion of the products, whether in a fresh or processed form;
(e) environmental measures and methods of production respecting the environment, including organic farming;	(e) environmental measures, particularly those relating to water, and methods of production, handling, manufacturing or processing respecting the environment, including organic farming and integrated production;
(f) crisis prevention and management.	(f) crisis prevention and management.
Operational programmes shall be submitted to the Member States for their approval.	Operational programmes shall be submitted to the Member States for their approval.
	1a. Associations of producer organisations may stand in for their members for the purpose of managing, processing, implementing and presenting operational programmes.
	Such associations may also present a partial operational programme composed of measures identified, but not carried out, by member organisations under their operational programmes. These partial operational programmes shall be subject to the same rules as other operational programmes and shall be considered at the same time as the operational programmes of member organisations.
	To that end, the Member States shall ensure that:
	(a) measures under partial operational programmes are entirely financed by the contributions of the member organisations of the association in question and that this funding is collected from the operational funds of those member organisations;
	(b) the measures and their corresponding financial share are identified in the operational programme of each member organisation;
	(c) there is no duplication of funding.
2. Crisis prevention and management referred to in point (f) of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:	2. Crisis prevention and management referred to in point (f) of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:
(a) market withdrawal;	(a) production and consumption forecasting and follow-up;
(b) green harvesting or non-harvesting of fruit and vegetables;	(b) investments making the management of the volumes placed on the market more efficient;
(c) promotion and communication;	(c) training measures, exchanges of best practice and structural capacity building;
(d) training measures;	(d) promotion and communication, whether for prevention or during the crisis period;
(e) harvest insurance;	(e) support for the administrative costs of setting up mutual funds;
(f) support for the administrative costs of setting up mutual funds.	(f) grubbing-up aid for the reconversion of orchards;
	(g) market withdrawal, also for products that are processed by producer organisations;
	(h) green harvesting or non-harvesting of fruit and vegetables;
	(i) harvest insurance.
Crisis prevention and management measures, including any repayment of capital and interest as referred to in the third subparagraph, shall not comprise more than one-third of the expenditure under the operational programme.	Crisis prevention and management measures, including any repayment of capital and interest as referred to in the fourth subparagraph, shall not comprise more than 40 % of the expenditure under the operational programme.
	Harvest insurance actions shall include measures which contribute to safeguarding producers’ incomes and to covering market losses incurred by producer organisations and/or their members where these incomes are affected by natural disasters, adverse climatic events, diseases or pest infestations. The beneficiaries must prove that they have taken the necessary risk prevention measures.
Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 32. Any specific action under crisis prevention and management shall be financed either by such loans, or directly, but not both.	Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 32. Any specific action under crisis prevention and management may be financed either by such loans and/or directly by producer organisations.
	2a. For the purposes of this section:
	(a) "green harvesting" means the total or partial harvesting of non-marketable products on a given area carried out before the beginning of the normal harvest. The products concerned shall not have been already damaged prior to the green harvesting, whether due to climatic reasons or disease or otherwise.
	(b) "non-harvesting" means the situation where all or part of commercial production is not taken from the area concerned during the normal production cycle. The destruction of products due to a climatic event or disease shall not be considered to be non-harvesting;
3. Member States shall ensure that:	3. Member States shall ensure that:
(a) operational programmes include two or more environmental actions; or	(a) operational programmes include two or more environmental actions; or
(b) at least 10 % of the expenditure under operational programmes covers environmental actions.	(b) at least 10 % of the expenditure under operational programmes covers environmental actions.
Environmental actions shall respect the requirements for agri-environment payments laid down in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).	Environmental actions shall respect the requirements for agri-environment payments laid down in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).
Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment commitments provided for in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph.	Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment commitments provided for in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph.
Support for the environmental actions referred to in the first subparagraph shall cover additional costs and income foregone resulting from the action.	Support for the environmental actions referred to in the first subparagraph shall cover additional costs and income foregone resulting from the action.
4. Member States shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.	4. Member States shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.

Or. en

 

Amendment  137

Proposal for a regulation

Article 32

Text proposed by the Commission	Amendment
Article 32	Article 32
Union financial assistance	Union financial assistance
1. The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 30(1) as actually paid and limited to 50 % of the actual expenditure incurred.	1. The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 30(1) as actually paid and limited to 50 % of the actual expenditure incurred or 75 % in the case of the outermost regions.
2. The Union financial assistance shall be limited to 4,1 % of the value of the marketed production of each producer organisation.	2. The Union financial assistance shall be limited to 4,1 % of the value of the fresh or processed products marketed by each producer organisation and/or of their association.
However, that percentage may be increased to 4,6 % of the value of the marketed production provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures.	However, that percentage may be increased to 4,6 % of the value of the fresh or processed products marketed by the producer organisation provided that the amount in excess of 4,1 % of the value of the fresh or processed products marketed is used solely for crisis prevention and management measures.
	In the case of associations of producer organisations, this percentage may be increased to 5 % of the value of the fresh or processed products marketed by the association or by its members, provided that the amount in excess of 4,1 % of the value of the fresh or processed products marketed is used solely for crisis prevention and management measures implemented by that association of producer organisations on behalf of its members.
3. At the request of a producer organisation, the 50 % limit provided for in paragraph 1 shall be increased to 60 % for an operational programme or part of an operational programme where it meets at least one of the following conditions:	3. At the request of a producer organisation, the 50% limit provided for in paragraph 1 shall be increased to 60% for an operational programme or part of an operational programme where it meets at least one of the following conditions:
(a) it is submitted by several Union producer organisations operating in different Member States on transnational schemes;	(a) it is submitted by several Union producer organisations operating in different Member States on transnational schemes;
(b) it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis;	(b) it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis;
(c) it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007;	(c) it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007;
(d) it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation;	(d) it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation;
	(da) the programme is presented by several recognised producer organisations grouped together in a joint marketing subsidiary;
(e) it is the first to be submitted by a recognised association of producer organisations	(e) it is the first to be submitted by a recognised association of producer organisations;
(f) it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production;	(f) it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production;
(g) it is submitted by a producer organisation in one of the outermost regions referred to in Article 349 of the Treaty;	(g) it is submitted by a producer organisation in one of the outermost regions referred to in Article 349 of the Treaty or in the small Aegean islands, as defined in Article 1(2) of Regulation (EC) No 1405/2006;
(h) it covers solely specific support for actions to promote the consumption of fruit and vegetables targeted at children in educational establishments.
4. The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of market withdrawals of fruit and vegetables which shall not exceed 5 % of the volume of marketed production of each producer organisation and which are disposed of by way of:	4. The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of market withdrawals of fruit and vegetables which shall not exceed 5 % of the volume of marketed production of each producer organisation and which are disposed of by way of:
(a) free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence;	(a) free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence;
(b) free distribution to penal institutions, schools and public education institutions and to children’s holiday camps as well as to hospitals and old people’s homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments.	(b) free distribution to penal institutions, schools and the establishments referred to in Article 20a and to children’s holiday camps as well as to hospitals and old people’s homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments.

Or. en

 

Amendment  138

Proposal for a regulation

Article 34

Text proposed by the Commission	Amendment
Article 34	Article 34
National framework and national strategy for operational programmes	National framework and national strategy for operational programmes
1. Member States shall establish a national framework for drawing up general conditions relating to the environmental actions referred to in Article 31(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) in particular those of its Article 6 on consistency.	1. Member States shall establish a national framework for drawing up general conditions relating to the environmental actions referred to in Article 31(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) in particular those of its Article 6 on consistency.
Member States shall submit their proposed framework to the Commission which, by means of implementing acts, may require modifications within three months if it finds that the proposal would not contribute to the pursuit of the objectives set out in Article 191 of the Treaty and in the seventh Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives.	Member States shall submit their proposed framework to the Commission which may adopt implementing acts, without the application of Article 162(2) or (3), requiring modifications within three months if it finds that the proposal would not contribute to the pursuit of the objectives set out in Article 191 of the Treaty and in the seventh Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives.
2. Each Member State shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall include:	2. Each Member State shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall include:
(a) an analysis of the situation in terms of strengths and weaknesses and the potential for development;	(a) an analysis of the situation in terms of strengths and weaknesses and the potential for development;
(b) justification of the priorities chosen;	(b) justification of the priorities chosen;
(c) the objectives of operational programmes and instruments, and performance indicators;	(c) the objectives of operational programmes and instruments, and performance indicators;
(d) assessment of operational programmes;	(d) assessment of operational programmes;
(e) reporting obligations for producer organisations.	(e) reporting obligations for producer organisations.
The national strategy shall also integrate the national framework referred to in paragraph 1.	The national strategy shall also integrate the national framework referred to in paragraph 1.
3. Paragraphs 1 and 2 shall not apply to Member States which have no recognised producer organisations.	3. Paragraphs 1 and 2 shall not apply to Member States which have no recognised producer organisations.

Or. en

 

Amendment  139

Proposal for a regulation

Article 34 a (new)

Text proposed by the Commission	Amendment
	Article 34a
	National network
	1. Member States may establish a national fruit and vegetables network gathering the producer organisations, the associations of producer organisations and the authorities involved in implementing the national strategy.
	2. The network shall be financed by a maximum levy of 0,5 % of the Union share of the financing of operational funds.
	3. The aim of this network shall be to manage the network, to examine transferable good practices and gather the relevant information, to organise conferences and seminars for those involved in managing the national strategy, to conduct programmes to monitor and assess the national strategy and to carry out other activities identified by the national strategy.

Or. en

 

Amendment  140

Proposal for a regulation

Article 35

Text proposed by the Commission	Amendment
Article 35	Article 35
Delegated powers	Delegated powers
Taking into account the need to ensure an efficient, targeted and sustainable support of producer organisations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 establishing rules on:	Taking into account the need to ensure an efficient, targeted and sustainable support of producer organisations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 establishing rules on:
(a) operational funds and operational programmes, concerning:	(a) operational funds and operational programmes, concerning:
(i) the estimated amounts, financing and use of operational funds;	(i) the estimated amounts, financing and use of operational funds;
(ii) the content, duration, approval and modification of operational programmes;	(ii) the content, duration, approval and modification of operational programmes;
(iii) the eligibility of measures, actions or expenditure under an operational programme and respective complementary national rules;	(iii) the eligibility of measures, actions or expenditure under an operational programme, rules on investment in individual holdings and respective complementary national rules;
(iv) the relationship between operational programmes and rural development programmes;	(iv) the relationship between operational programmes and rural development programmes;
(v) operational programmes of associations of producer organisations;	(v) operational programmes of associations of producer organisations;
	(va) the specific rules applicable to cases in which associations of producer organisations stand in for their members, wholly or in part, for the purpose of managing, processing, implementing and presenting operational programmes;
(b) the structure and content of a national framework and a national strategy;	(b) the structure and content of a national framework and a national strategy;
(c) Union financial assistance, concerning:	(c) Union financial assistance, concerning:
(i) the basis for the calculation of Union financial assistance, in particular the value of the marketed production of a producer organisation;	(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;	(ii) applicable reference periods for the calculation of aid;
(iii) reductions of financial assistance entitlements in case of late submission of aid applications;	(iii) reductions of financial assistance entitlements in case of late submission of aid applications;
(iv) the provision of advance payments and the lodging and forfeiture of securities in case of advance payments;	(iv) the provision of advance payments and the lodging and forfeiture of securities in case of advance payments;
	(iva) the specific rules applicable to the financing of operational programmes of associations of producer organisations, particularly those relating to the ceilings referred to in Article 32(2);
(d) crisis prevention and management measures, concerning:	(d) crisis prevention and management measures, concerning:
(i) the selection of crisis prevention and management measures;	(i) the selection of crisis prevention and management measures;
(ii) the definition of market withdrawal;	(ii) the conditions under which market withdrawal is triggered;
(iii) destinations for withdrawn products;	(iii) destinations for withdrawn products;
(iv) the maximum support for market withdrawals;	(iv) the maximum support for market withdrawals;
(v) prior notifications in case of market withdrawals;	(v) prior notifications in case of market withdrawals;
(vi) the calculation of the volume of marketed production in case of 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;	(vii) the display of the European emblem on packages of products for free distribution;
(viii) the conditions for the recipients of withdrawn products;	(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;	(x) the conditions for the application of green harvesting and non-harvesting;
(xi) the objectives of harvest insurance;	(xi) the implementation conditions applicable to harvest insurance;
(xii) the definition of adverse climatic event;
(xiii) the conditions for support for the administrative cost of setting up mutual funds;	(xiii) the conditions for support for the administrative cost of setting up mutual funds;
(e) national financial assistance, concerning:	(e) national financial assistance, concerning:
(i) the degree of organisation of producers;	(i) the degree of organisation of producers;
(ii) modifications of operational programmes;	(ii) modifications of operational programmes;
(iii) reductions of financial assistance entitlements in case of late submission of financial assistance applications;	(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;	(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.	(v) the maximum proportion of union reimbursement of the national financial assistance.

Or. en

 

Amendment  141

Proposal for a regulation

Article 38

Text proposed by the Commission	Amendment
Article 38	Article 38
Compatibility and consistency	Compatibility and consistency
1. Support programmes shall be compatible with Union law and consistent with the activities, policies and priorities of the Union.	1. Support programmes shall be compatible with Union law and consistent with the activities, policies and priorities of the Union.
2. Member States shall be responsible for support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers.	2. Member States shall be responsible for support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers.
3. No support shall be granted for:	3. No support shall be granted for:
(a) research projects and measures to support research projects without prejudice to points (d) and (e) of Article 43(3);
(b) measures contained in Member States’ rural development programmes under Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).	(b) measures contained in Member States’ rural development programmes under Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).

Or. en

 

Amendment  142

Proposal for a regulation

Article 39

Text proposed by the Commission	Amendment
Article 39	Article 39
Submission of support programmes	Submission of support programmes
1. Each producer Member State listed in Annex IV shall submit to the Commission a draft five-year support programme containing at least one of the eligible measures provided in Article 40.	1. Each producer Member State listed in Annex IV shall submit to the Commission a draft five-year support programme containing at least one of the eligible measures provided in Article 40.
	1a. The support measures in the support programmes shall be drawn up at the geographical level which the Member State deems most appropriate. The Member State shall consult the competent authorities and organisations at the appropriate territorial level on the support programme before submitting it to the Commission.
	1b. Each Member State shall submit one single draft support programme, which may take into account regional particularities.
2. Support programmes shall become applicable three months after their submission to the Commission.	2. Support programmes shall become applicable three months after their submission to the Commission.
However, if the Commission, by means of an implementing act, establishes that the submitted support programme does not comply with the rules laid down in this Section, the Commission shall inform the Member State thereof. In that case, the Member State shall submit a revised support programme to the Commission. The revised support programme shall become applicable two months after its submission unless an incompatibility persists in which case this subparagraph shall apply.	However, if the Commission, by means of an implementing act, establishes that the submitted support programme does not comply with the rules laid down in this Section, the Commission shall inform the Member State thereof. In that case, the Member State shall submit a revised support programme to the Commission. The revised support programme shall become applicable two months after its submission unless an incompatibility persists in which case this subparagraph shall apply.
3. Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes submitted by Member States.	3. Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes submitted by Member States.

Or. en

 

Amendment  143

Proposal for a regulation

Article 39 a (new)

Text proposed by the Commission	Amendment
	Article 39a
	Content of support programmes
	Support programmes shall consist of the following elements:
	(a) a detailed description of the measures proposed as well as their quantified objectives;
	(b) the results of consultations held;
	(c) an appraisal showing the expected technical, economic, environmental and social impact;
	(d) a schedule for implementing the measures;
	(e) a general financing table showing the resources to be deployed and the envisaged indicative allocation of the resources between the measures in accordance with ceilings provided for in Annex IV;
	(f) the criteria and quantitative indicators to be used for monitoring and evaluation as well as the steps taken to ensure that the support programmes are implemented appropriately and effectively; and
	(g) the designation of competent authorities and bodies responsible for implementing the support programme.

Or. en

 

Amendment  144

Proposal for a regulation

Article 40

Text proposed by the Commission	Amendment
Article 40	Article 40
Eligible measures	Eligible measures
Support programmes may contain only one or more of the following measures:	Support programmes may contain only one or more of the following measures:
(a) Single Payment Scheme support in accordance with Article 42;
(b) promotion in accordance with Article 43;	(b) promotion in accordance with Article 43;
(c) restructuring and conversion of vineyards in accordance with Article 44;	(c) restructuring and conversion of vineyards in accordance with Article 44;
(d) green harvesting in accordance with Article 45;	(d) green harvesting in accordance with Article 45;
(e) mutual funds in accordance with Article 46;	(e) mutual funds in accordance with Article 46;
(f) harvest insurance in accordance with Article 47;	(f) harvest insurance in accordance with Article 47;
(g) investments in accordance with Article 48;	(g) investments in accordance with Article 48;
(h) by-product distillation in accordance with Article 49.	(h) by-product distillation in accordance with Article 49;
	(ha) research and development pursuant to Article 43a;
	(hb) the support programme for wine growing on steep-slope sites pursuant to Article 44a.

Or. en

 

Amendment  145

Proposal for a regulation

Article 42

Text proposed by the Commission	Amendment
Article 42	deleted
Single Payment Scheme and support to vine-growers
Support programmes may only include support to vine-growers in the form of allocation of payment entitlements decided by Member States by 1 December 2012 under Article 137 of Regulation (EU) No [COM(2010)799] and under the conditions set out in that Article.

Or. en

 

Amendment  146

Proposal for a regulation

Article 43

Text proposed by the Commission	Amendment
Article 43	Article 43
Promotion in third-countries	Promotion
1. Support under this Article shall cover information or promotion measures concerning Union wines in third countries, thereby improving their competitiveness in those countries.	1. Support under this Article shall cover information or promotion measures concerning Union wines first and foremost in third countries, and also on the internal market, thereby improving their competitiveness.
2. The measures referred to in paragraph 1 shall apply to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety.	2. The measures referred to in paragraph 1 shall apply to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety.
3. The measures referred to in paragraph 1 may consist only of:	3. The measures referred to in paragraph 1 may consist only of:
(a) public relations, promotion or advertisement measures, in particular highlighting the advantages of the Union products, especially in terms of quality, food safety or environmental friendliness;	(a) public relations, promotion or advertisement measures, in particular highlighting the advantages of the Union products, especially in terms of quality, food safety or environmental standards;
(b) participation at events, fairs or exhibitions of international importance;	(b) participation at events, fairs or exhibitions of international importance;
(c) information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production;	(c) information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production;
(d) studies of new markets, necessary for the expansion of market outlets;	(d) studies of new markets, necessary for the expansion of market outlets;
(e) studies to evaluate the results of the information and promotion measures.	(e) studies to evaluate the results of the information and promotion measures.
4. The Union contribution to promotion activities referred to in paragraph 1 shall not exceed 50 % of the eligible expenditure.	4. The Union contribution to promotion activities referred to in paragraph 1 shall not exceed 50 % of the eligible expenditure.

Or. en

 

Amendment  147

Proposal for a regulation

Article 43 a (new)

Text proposed by the Commission	Amendment
	Article 43a
	Research and development
	Support for research and development shall make it possible to fund research projects geared, in particular, to improving the quality of products, the environmental impact of production and health safety in the wine sector.

Or. en

 

Amendment  148

Proposal for a regulation

Article 43 b (new)

Text proposed by the Commission	Amendment
	Article 43b
	Exchanges of best practices with regard to advanced systems of sustainable production
	1. Support under this article shall cover measures supporting the exchange of best practices with regard to advanced systems of sustainable production and, thereby, enabling farmers to acquire new competencies.
	2. The measures referred to in paragraph 1 shall apply to advanced systems of wine-growing and wine production which increase soil cover, substantially reduce the use of pesticides and chemical fertilisers or increase diversity of varieties and which go beyond the cross-compliance requirements provided for in Title VI of Regulation (EU) No […] [horizontal CAP Regulation].
	3. The measures referred to in paragraph 1 may include:
	(a) selecting, describing and publicising best practices with regard to advanced sustainable wine-growing practices;
	(b) providing agricultural training and increasing competencies in relation to advanced sustainable farming systems.

Or. en

 

Amendment  149

Proposal for a regulation

Article 44

Text proposed by the Commission	Amendment
Article 44	Article 44
Restructuring and conversion of vineyards	Restructuring and conversion of vineyards
1. The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers.	1. The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers.
2. The restructuring and conversion of vineyards shall be supported if Member States submit the inventory of their production potential in accordance with Article 102(3).	2. The restructuring and conversion of vineyards shall be supported if Member States submit the inventory of their production potential in accordance with Article 102(3).
3. Support for the restructuring and conversion of vineyards may only cover one or more of the following activities:	3. Support for the restructuring and conversion of vineyards may only cover one or more of the following activities:
(a) varietal conversion, including by means of grafting-on;	(a) varietal conversion, including by means of grafting-on;
(b) relocation of vineyards;	(b) relocation of vineyards;
(c) improvements to vineyard management techniques.	(c) improvements to vineyard management techniques.
	(ca) reducing the use of pesticides;
	(cb) replanting for health reasons, when no technical solution is available to save the production in place.
The normal renewal of vineyards which have come to the end of their natural life shall not be supported.	The normal renewal of vineyards that is, the replanting of the same parcel of land with the same variety according to the same system of vine cultivation, when vines have come to the end of their natural life shall not be supported.
	Member States may lay down further specifications, especially as regards the age of the vineyards replaced.
4. Support for the restructuring and conversion of vineyards may only take the following forms:	4. Support for improving wine production systems and for restructuring and conversion of vineyards may only take the following forms:
(a) compensation to producers for the loss of revenue due to the implementation of the measure;	(a) compensation to producers for the loss of revenue due to the implementation of the measure;
(b) contribution to the costs of restructuring and conversion.	(b) contribution to the costs of restructuring and conversion.
5. Compensation to producers for the loss of revenue referred to in point (a) of paragraph 4 may cover up to 100 % of the relevant loss and take one of the following forms:	5. Compensation to producers for the loss of revenue referred to in point (a) of paragraph 4 may cover up to 100 % of the relevant loss and take one of the following forms:
(a) notwithstanding Subsection II of Section V of Chapter III of Title I of Part II of Regulation (EU) No [COM(2010)799] setting out the transitional planting right regime, the permission for old and new vines to coexist until the end of the transitional regime for a maximum period which shall not exceed three years;	(a) notwithstanding Subsection II of Section V of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007setting out the transitional planting right regime, the permission for old and new vines to coexist until the end of the transitional regime for a maximum period which shall not exceed three years;
(b) financial compensation.	(b) financial compensation.
6. The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In less developed regions the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.	6. The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In less developed regions the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.

Or. en

 

Amendment  150

Proposal for a regulation

Article 44 a (new)

Text proposed by the Commission	Amendment
	Article 44a
	Support programme for wine growing on steep-slope sites
	The measures taken as part of the support programme for wine growing on steep-slope sites shall be designed to safeguard wine growing on labour-intensive slope, steep-slope and terrace sites in the long term by improving its competitiveness.
	The support may take the form of a flat-rate per-hectare payment to be set by the Member State concerned or a modulated payment determined by the steepness of the site.

Or. en

 

Amendment  151

Proposal for a regulation

Article 45

Text proposed by the Commission	Amendment
Article 45	Article 45
Green harvesting	Green harvesting
1. For the purposes of this Article, green harvesting shall mean the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero.	1. For the purposes of this Article, green harvesting shall mean the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero.
	Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered to be green harvesting.
2. Support for green harvesting shall contribute to restoring the balance of supply and demand in the Union wine market in order to prevent market crises.	2. Support for green harvesting shall contribute to improving the quality of the grapes and to restoring the balance of supply and demand in the Union wine market in order to prevent market crises.
3. Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned.	3. Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned.
The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal.	The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal.
4. The Member States concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3.	4. The Member States concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3.

Or. en

 

Amendment  152

Proposal for a regulation

Article 47

Text proposed by the Commission	Amendment
Article 47	Article 47
Harvest insurance	Harvest insurance
1. Support for harvest insurance shall contribute to safeguarding producers’ incomes where these are affected by natural disasters, adverse climatic events, diseases or pest infestations.	1. Support for harvest insurance shall contribute to safeguarding producers’ incomes and to covering market losses incurred by producer organisations and/or their members where these are affected by natural disasters, adverse climatic events, diseases or pest infestations.
	Beneficiaries shall be required to prove that they have taken the necessary risk prevention measures.
2. Support for harvest insurance may be granted in the form of a Union financial contribution which shall not exceed:	2. Support for harvest insurance may be granted in the form of a Union financial contribution which shall not exceed:
(a) 80 % of the cost of the insurance premiums paid for by producers for insurance against losses resulting from adverse climatic events which can be assimilated to natural disasters;	(a) 80 % of the cost of the insurance premiums paid for by producers, producer organisations and/or cooperatives for insurance against losses resulting from adverse climatic events which can be assimilated to natural disasters;
(b) 50 % of the cost of the insurance premiums paid for by producers for insurance against:	(b) 50 % of the cost of the insurance premiums paid for by producers for insurance against:
(i) losses referred to in point (a) and against other losses caused by adverse climatic events;	(i) losses referred to in point (a) and against other losses caused by adverse climatic events;
(ii) losses caused by animals, plant diseases or pest infestations.	(ii) losses caused by animals, plant diseases or pest infestations.
3. Support for harvest insurance may be granted if the insurance payments concerned do not compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers may have obtained from other support schemes related to the insured risk.	3. Support for harvest insurance may be granted if the insurance payments concerned do not compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers may have obtained from other support schemes related to the insured risk.
4. Support for harvest insurance shall not distort competition in the insurance market.	4. Support for harvest insurance shall not distort competition in the insurance market.

Or. en

 

Amendment  153

Proposal for a regulation

Article 48

Text proposed by the Commission	Amendment
Article 48	Article 48
Investments	Investments
1. Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure and marketing of wine which improve the overall performance of the enterprise and concern one or more of the following:	1. Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure, and distilleries, as well as marketing structures and tools, including the registration of collective marks. Those investments shall be intended to improve the overall performance of the enterprise and its adaptation to market demands, as well as to increase its competitiveness on the internal market and in third country markets, and shall concern one or more of the following:
(a) the production or marketing of grapevine products referred to in Part II of Annex VI;	(a) the production or marketing of grapevine products referred to in Part II of Annex VI;
(b) the development of new products, processes and technologies concerning the products referred to in Part II of Annex VI.	(b) the development of new products, processes and technologies concerning the products referred to in Part II of Annex VI.
	(ba) the development of advanced agronomic and sustainable production measures;
	(bb) processing of by-products of distilleries or investment which helps to improve their energy savings and their global energy efficiency.
2. Support under paragraph 1 at its maximum rate shall apply only to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.	2. Support under paragraph 1 at its maximum rate shall apply only to producer organisations and to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.
By way of derogation from the first subparagraph, the maximum rate may apply to all enterprises for the outermost regions referred to in Article 349 of the Treaty and the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006 . For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved.	By way of derogation from the first subparagraph, the maximum rate may apply to all enterprises for the outermost regions referred to in Article 349 of the Treaty and the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006 . For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved.
Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty.	Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty.
3. The eligible expenditure shall exclude the non-eligible costs referred to in paragraph 3 of Article 59 of Regulation (EU) No [COM(2011)615].	3. The eligible expenditure shall exclude the non-eligible costs referred to in paragraph 3 of Article 59 of Regulation (EU) No [COM(2011)615].
4. The following maximum aid rates concerning the eligible investment costs shall apply to the Union contribution:	4. The following maximum aid rates concerning the eligible investment costs shall apply to the Union contribution:
(a) 50 % in less developed regions;	(a) 50 % in less developed regions;
(b) 40 % in regions other than less developed regions;	(b) 40 % in regions other than less developed regions;
(c) 75 % in the outermost regions referred to in Article 349 of the Treaty;	(c) 75 % in the outermost regions referred to in Article 349 of the Treaty;
(d) 65 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006.	(d) 65 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006.
5. Article 61 of Regulation (EU) No [COM(2011)615] shall apply mutatis mutandis to support referred to in paragraph 1 of this Article.	5. Article 61 of Regulation (EU) No [COM(2011)615] shall apply mutatis mutandis to support referred to in paragraph 1 of this Article.

Or. en

 

Amendment  154

Proposal for a regulation

Article 49

Text proposed by the Commission	Amendment
Article 49	Article 49
By-product distillation	By-product distillation
1. Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex VII.	1. Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex VII.
The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced.	The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced.
	1b. The aid shall be paid to distillers that process the products delivered for distillation into raw alcohol with an alcoholic strength of at least 92 % vol.
	Member States may make the granting of support conditional upon the lodging of a security by the beneficiary.
2. The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission by means of implementing acts pursuant to Article 51.	2. The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission by means of implementing acts pursuant to Article 51.
	2a. The relevant aid shall include a lump-sum amount destined to compensate the costs of collection of these products which are to be transferred from the distiller to the producer, if the relevant costs are borne by the latter.
3. The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes to avoid distortion of competition.	3. The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes to avoid distortion of competition.
	3a. In order to prevent dual support being granted for distillation, the alcohol referred to in paragraph 3 shall not be subject to the preference referred to in Article 21(2) of Directive 2009/28/EC concerning biofuels produced from wastes and their contribution towards attaining the final consumption rate for energy from renewable sources in transport being considered to be twice that made by other biofuels.

Or. en

 

Amendment  155

Proposal for a regulation

Article 50

Text proposed by the Commission	Amendment
Article 50	Article 50
Delegated powers	Delegated powers
Taking into account the need to ensure that support programmes meet their objectives and that there is a targeted use of European Funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, establishing rules:	Taking into account the need to ensure that support programmes meet their objectives and that there is a targeted use of European Funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, establishing rules:
(a) on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability;	(a) on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability;
(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;	(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;
(c) on changes to support programmes after they have become applicable;	(c) on changes to support programmes after they have become applicable;
(d) on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made;	(d) on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made;
(e) containing general provisions and definitions for the purposes of this Section;
(f) to avoid misuse of the support measures and double funding of projects;	(f) to avoid misuse of the support measures and double funding of projects;
(g) under which producers shall withdraw the by-products of winemaking and exceptions from this obligation to avoid additional administrative burden and rules for the voluntary certification of distillers;	(g) under which producers shall withdraw the by-products of winemaking and exceptions from this obligation to avoid additional administrative burden and rules for the voluntary certification of distillers;
(h) laying down requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures;	(h) laying down requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures;
(i) regarding payments to beneficiaries and payments through insurance intermediaries in the case of support for harvest insurance provided for in Article 47.	(i) regarding payments to beneficiaries and payments through insurance intermediaries in the case of support for harvest insurance provided for in Article 47.

Or. en

 

Amendment  156

Proposal for a regulation

Article 52

Text proposed by the Commission	Amendment
Article 52	Article 52
National programmes and financing	National programmes and financing
1. Member States may draw up national programmes for the apiculture sector covering a period of three years.	1. Member States may draw up national programmes for the apiculture sector covering a period of three years. These programmes shall be developed in cooperation with representative organisations and cooperatives in the beekeeping field.
2. The Union contribution to the apiculture programmes shall not exceed 50 % of the expenditure borne by Member States.	2. The Union contribution to the apiculture programmes shall not exceed 60  % of the expenditure borne by Member States.
3. To be eligible for the Union contribution provided for in paragraph 2, Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory.	3. To be eligible for the Union contribution provided for in paragraph 2, Member States shall establish a reliable beehive identification system which makes it possible to perform regular censuses of bee populations and shall carry out a study of the production and marketing structure in the beekeeping sector in their territory.
	3a. The following measures may be included in apiculture programmes:
	(a) technical assistance to beekeepers and beekeepers’ organisations;
	(b) combating beehive invaders and diseases, particularly varroosis;
	(c) rationalisation of transhumance;
	(d) measures to support laboratories for the analysis of apiculture products with the aim of helping beekeepers to market and increase the value of their products;
	(e) monitoring of the bee population of the Union and support for restocking;
	(f) cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products;
	(g) market monitoring;
	(h)enhancement of product quality with a view to exploiting the potential of products on the market;
	(i) compulsory labelling with the country of origin of apiculture projects imported or produced in the Union and, in the case of mixtures or products of different origins, compulsory labelling with the proportion of each country of origin.
	3b. In the case of farmers who are also beekeepers, the following measures may also be included in apiculture programmes:
	(a) precautionary measures, including those improving bee health and reducing negative impacts on them, through the use of alternatives to pesticide use, biological control methods and integrated pest management;
	(b) specific measures to increase plant diversity on farm, particularly melliferous plant species for apiculture

Or. en

 

Amendment  157

Proposal for a regulation

Article 53

Text proposed by the Commission	Amendment
Article 53	Article 53
Delegated powers	Delegated powers
Taking into account the need to ensure a targeted use of Union funds for apiculture, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on:	Taking into account the need to ensure a targeted use of Union funds for apiculture, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on:
(a) the measures which may be included in apiculture programmes,	(a) additional requirements for the measures which may be included in apiculture programmes,
(b) rules for drawing up and the content of national programmes and the studies referred to in Article 52(3); and	(b) rules for drawing up and the content of national programmes and the studies referred to in Article 52(3); and
(c) the conditions for the allocation of the Union's financial contribution to each participating Member State based on inter alia total number of hives in the Union.	(c) the conditions for the allocation of the Union's financial contribution to each participating Member State based on inter alia total number of hives in the Union.

Or. en

 

Amendment  158

Proposal for a regulation

Part II – Title I – Chapter II – Section 5 a (new)

Text proposed by the Commission	Amendment
	Section 5 a
	Aid in the hops sector
	Article 54a
	Aids to producer organisations
	1. The Union shall finance a payment to producer organisations in the hops sector recognised in accordance with Article 106 to finance the aims referred to in points (i),( ii) or (iii) of Article 106(c).
	2. In respect of Germany, the Union financing per year for the payment to producer organisations provided for in paragraph 1 shall be EUR 2 277 000.
	Article 54b
	Delegated powers
	In order to ensure that the aids finance the aims referred to in Article 106, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, concerning:
	(a) aid applications, including rules on deadlines and accompanying documents;
	(b) 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.
	Article 54c
	Implementing powers
	The Commission may adopt implementing acts, establishing the necessary measures related to this Section concerning:
	(a) the payment of aid;
	(b) checks and inspections.
	Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Or. en

 

Amendment  159

Proposal for a regulation

Article 55

Text proposed by the Commission	Amendment
Article 55	Article 55
Scope	Scope
Without prejudice to any other provisions applicable to agricultural products, as well as the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products.	Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products. Those rules shall be divided between obligatory rules and optional reserved terms.

Or. en

 

Amendment  160

Proposal for a regulation

Article 56

Text proposed by the Commission	Amendment
Article 56	Article 56
Conformity with the general marketing standard	Conformity with the general marketing standard
1. For the purposes of this Regulation a product complies with the "general marketing standard" if it is of sound, fair and marketable quality.	1. For the purposes of this Regulation a product complies with the "general marketing standard" if it is of sound, fair and marketable quality.
2. Where no marketing standards as referred to in Subsection 3 and in Council Directives 2000/36/EC , 2001/112/EC , 2001/113/EC , 2001/114/EC , 2001/110/EC , 2001/111/EC , have been established, agricultural products which are ready for sale or delivery to the final consumer in retail as defined in point 7 of Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard.	2. Where no marketing standards as referred to in Subsection 3 and in Council Directives 2000/36/EC , 2001/112/EC , 2001/113/EC , 2001/114/EC , 2001/110/EC , 2001/111/EC , have been established, agricultural products which are ready for sale or delivery to the final consumer in retail as defined in point 7 of Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard.
3. A product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard adopted by any of the international organisations listed in Annex V.	3. Without prejudice to any additional Union requirements in the sanitary, commercial, ethical or any other field, a product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard adopted by any of the international organisations listed in Annex V.
	3a. This Regulation does not prevent the Member States from adopting or maintaining national provisions on aspects of marketing which are not specifically harmonised by this Regulation. Moreover, Member States may adopt or maintain national rules on marketing standards for sectors or products to which the general marketing standard applies, provided that those rules comply with Union law and with the rules on the functioning of the internal market.

Or. en

 

Amendment  161

Proposal for a regulation

Article 57

Text proposed by the Commission	Amendment
Article 57	Article 57
Delegated powers	Delegated powers
Taking into account the need to address changes in the market situation, and the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to adopt, modify and derogate from the requirements concerning general marketing standard referred to in Article 56(1), and rules on conformity referred to in Article 56(3).	1. Taking into account the need to address changes in the market situation, and the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to adopt detailed rules concerning the general marketing standard, and to modify and derogate from the requirements concerning general marketing standard referred to in Article 56(1),
	2. The Commission shall adopt delegated acts, in accordance with Article 160, laying down the conditions for implementing and monitoring the conformity referred to in Article 56(3), taking into account the need to avoid lowering the general marketing standard to the point where the quality of European products starts to decline.

Or. en

 

Amendment  162

Proposal for a regulation

Article 59

Text proposed by the Commission	Amendment
Article 59	Article 59
Establishment and content	Establishment and content
1. Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relevant international standards and avoid creating obstacles to product innovation.	1. Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards, only for a limited period and in exceptional cases, in order to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relevant international standards and avoid creating obstacles to product innovation.
	Any derogation or exemption made in this way must not entail additional costs which would be borne solely by farmers.
	1a. However, the Commission's power to modify derogations and exemptions from existing marketing standards shall not apply to Annex VII.
2. The marketing standards referred to in paragraph 1 may cover:	2. The marketing standards referred to in paragraph 1 may include one or more of the following elements:
(a) the definition, designation and/or sales descriptions other than those set out in this Regulation and lists of carcasses and parts thereof to which Annex VI applies;	(a) the definition, designation and/or sales descriptions other than those set out in this Regulation and lists of carcasses and parts thereof to which Annex VI applies, except for products of the wine sector;
(b) classification criteria such as grading into classes, weight, sizing, age and category;	(b) classification criteria such as grading into classes, weight, sizing, age and category;
(c) the plant variety or animal race or the commercial type;	(c) the species, plant variety or animal race or the commercial type;
(d) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms;	(d) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms, except for products of the wine sector;
(e) criteria such as appearance, consistency, conformation, product characteristics;	(e) criteria such as appearance, consistency, conformation, product characteristics;
(f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;	(f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;
(g) the type of farming and production method including oenological practices and related administrative rules, and operating circuit;	(g) the type of farming and production method including agronomic and advanced systems of sustainable production and related administrative rules, and operating circuit;
(h) coupage of must and wine including definitions thereof, blending and restrictions thereof;
(i) the conservation method and temperature;	(i) the conservation method and temperature;
(j) the place of farming and/or origin;	(j) the place of farming and/or origin;
(k) the frequency of collection, delivery, preservation and handling;	(k) the frequency of collection, delivery, preservation and handling;
(l) the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed;	(l) the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed;
(m) the percentage of water content;	(m) the percentage of water content;
(n) restrictions as regards the use of certain substances and/or practices;	(n) restrictions as regards the use of certain substances and/or practices;
(o) specific use;	(o) specific use;
(p) commercial documents, accompanying documents and registers to be kept;	(p) commercial documents, accompanying documents and registers to be kept;
(q) storage, transport;	(q) storage, transport;
(r) the certification procedure;	(r) the certification procedure;
(s) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 and/or with the definitions, designations and sales descriptions as referred to in Article 60, as well as the disposal of by-products;	(s) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 and/or with the definitions, designations and sales descriptions as referred to in Article 60, as well as the disposal of by-products;
(t) time limits.	(t) time limits.
3. The marketing standards by sectors or products adopted pursuant to paragraph 1 shall be established without prejudice to Title IV of Regulation (EU) No [COM(2010)733] on agricultural product quality schemes, and shall take into account:	3. The marketing standards by sectors or products adopted pursuant to paragraph 1 shall be without prejudice to the provisions on optional reserved terms of Article 65a and Annex VIIa, and shall take into account:
(a) the specificities of the product concerned;	(a) the specificities of the product concerned;
(b) the need to ensure the conditions for a smooth placing of the products on the market;	(b) the need to ensure the conditions for a smooth placing of the products on the market;
(c) the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical level;	(c) the interest of producers in communicating the characteristics of their products and the interest of consumers in receiving adequate and transparent product information, the place of farming to be determined on a case by case approach at the appropriate geographical level, after conducting an impact assessment evaluating, in particular, the costs and administrative burdens for operators, as well as the benefits offered to producers and the end consumer;
(d) the methods used for determining physical, chemical and organoleptic characteristics of the products;	(d) the methods used for determining physical, chemical and organoleptic characteristics of the products;
(e) the standard recommendations adopted by international bodies.	(e) the standard recommendations adopted by international bodies.
	(ea) the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned;
	(eb) the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks.

Or. en

 

Amendment  163

Proposal for a regulation

Article 59 a (new)

Text proposed by the Commission	Amendment
	Article 59a
	Additional requirements for the marketing of the products of the fruit and vegetables sector
	1. Products of the fruit and vegetables sector which are intended to be sold fresh to the consumer may only be marketed if the country of origin is indicated.
	2. The marketing standards referred to in Article 59(1), as well as any marketing standard applicable to the fruit and vegetables and the processed fruit and vegetables sectors, shall apply at all marketing stages including import and export, unless otherwise provided for by the Commission, and shall cover quality, categorisation, weight, size, packing, packaging, storage, transport, presentation and marketing.
	3. The holder of products of the fruit and vegetables and processed fruit and vegetables sectors covered by marketing standards may not display such products, offer them for sale or deliver or market them in any manner within the Union other than in conformity with those standards and shall be responsible for ensuring such conformity.
	4. Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 160, in particular on the consistent application, in the Member States, of the conformity checks, Member States shall, in respect of the fruit and vegetables and the processed fruit and vegetables sectors, check selectively, based on a risk analysis, whether the products concerned conform to the respective marketing standards. These checks shall focus on the stage prior to dispatch from the production areas when the products are being packed or loaded. For products from third countries, checks shall be carried out prior to release for free circulation.

Or. en

 

Amendment  164

Proposal for a regulation

Article 59 b (new)

Text proposed by the Commission	Amendment
	Article 59b
	Certification for hops
	1. Products of the hops sector, harvested or prepared within the Union, shall be subject to a certification procedure.
	2. Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.
	3. The certificates shall indicate at least:
	(a) the place(s) of production of the hops;
	(b) the year(s) of harvesting; and
	(c) the variety or varieties.
	4. Products of the hops sector may be marketed or exported only if a certificate as referred to in paragraphs 1, 2 and 3 has been issued.
	In the case of imported products of the hops sector, the attestation provided for in Article 129a shall be deemed to be equivalent to that certificate.
	5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, establishing measures derogating from paragraph 4:
	(a) in order to satisfy the trade requirements of certain third countries; or
	(b) for products intended for special uses.
	The measures referred to in the first subparagraph shall:
	(a) not prejudice the normal marketing of products for which the certificate has been issued;
	(b) be accompanied by guarantees intended to avoid any confusion with those products.

Or. en

 

Amendment  165

Proposal for a regulation

Article 60

Text proposed by the Commission	Amendment
Article 60	Article 60
Definitions, designations and sales descriptions for certain sectors and products	Definitions, designations and sales descriptions for certain sectors and products
1. The definitions, designations and sales descriptions provided for in Annex VI shall apply to the following sectors or products:	1. The definitions, designations and sales descriptions provided for in Annex VI shall apply to the following sectors or products:
(a) olive oil and table olives;	(a) olive oil and table olives;
(b) wine;	(b) wine;
(c) beef and veal;	(c) beef and veal;
(d) milk and milk products intended for human consumption;	(d) milk and milk products intended for human consumption;
(e) poultrymeat;	(e) poultrymeat and eggs;
(f) spreadable fats intended for human consumption.	(f) spreadable fats intended for human consumption.
2. Definitions, designations or sales descriptions provided for in Annex VI may be used in the Union only for the marketing of a product which complies with the corresponding requirements laid down in that Annex.	2. Definitions, designations or sales descriptions provided for in Annex VI may be used in the Union only for the marketing of a product which complies with the corresponding requirements laid down in that Annex.
3. Taking into account the need to adapt to evolving consumer demands, and technical progress and to avoid creating obstacles to product innovation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VI.	3. Taking into account the need to adapt to evolving consumer demands, and technical progress and to avoid creating obstacles to product innovation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VI.

Or. en

 

Amendment  166

Proposal for a regulation

Article 61

Text proposed by the Commission	Amendment
Article 61	Article 61
Tolerance	Tolerance
Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerance for each standard beyond which the entire batch of products shall be considered as not respecting that standard.	1. Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerance for each specific standard beyond which the entire batch of products shall be considered as not respecting that standard.
	This tolerance defined on the basis of thresholds shall not alter the intrinsic characteristics of the product and shall apply only to weight, size and other minor criteria.
	2. Member States may adopt or maintain additional national legislation on products covered by a Union marketing standard, provided that these provisions comply with Union law, particularly the principle of free movement of goods.

Or. en

 

Amendment  167

Proposal for a regulation

Article 62

Text proposed by the Commission	Amendment
Article 62	Article 62
Oenological practices and methods of analyses	Oenological practices and methods of analyses
1. Only oenological practices authorised in accordance with Annex VII and provided for in point (g) of Article 59(2) and in paragraphs 2 and 3 of Article 65 shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union.	1. Only oenological practices authorised in accordance with Annex VII and provided for in paragraphs 2 and 3 of Article 65 shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union.
The first subparagraph shall not apply to:	The first subparagraph shall not apply to:
(a) grape juice and concentrated grape juice;	(a) grape juice and concentrated grape juice;
(b) grape must and concentrated grape must intended for the preparation of grape juice.	(b) grape must and concentrated grape must intended for the preparation of grape juice.
Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.	Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.
Products listed in Part II of Annex VI shall be produced in the Union in accordance with the rules laid down in Annex VII.	Products listed in Part II of Annex VI shall be produced in the Union in accordance with the rules laid down in Annex VII.
Products listed in Part II of Annex VI shall not be marketed in the Union where:	Products listed in Part II of Annex VI shall not be marketed in the Union where:
(a) they have undergone unauthorised Union oenological practices or	(a) they have undergone unauthorised Union oenological practices or
(b) they have undergone unauthorised national oenological practices or	(b) they have undergone unauthorised national oenological practices or
(c) they do not comply with the rules laid down in Annex VII.	(c) they do not comply with the rules laid down in Annex VII.
	The products which are unmarketable in accordance with the fifth subparagraph shall be destroyed. By way of derogation from this rule, Member States may authorise the use of certain products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce by means of unauthorised oenological practices.
2. When authorising oenological practices for wine as referred to in point (g) of Article 59(2), the Commission shall:	2. When making proposals on oenological practices for wine as referred to in paragraph 1, the Commission shall:
(a) base itself on the oenological practices and methods of analyses recommended and published by the OIV as well as on the results of experimental use of as yet unauthorised oenological practices;	(a) take into account the oenological practices and methods of analyses recommended and published by the OIV as well as on the results of experimental use of as yet unauthorised oenological practices;
(b) take into account the protection of human health;	(b) take into account the protection of human health;
(c) take into account the possible risk of consumers being misled due to their expectations and perceptions, having regard to the availability and feasibility of informational means to exclude such risks;	(c) take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;
(d) allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;	(d) allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;
(e) ensure an acceptable minimum level of environmental care;	(e) ensure an acceptable minimum level of environmental care;
(f) respect the general rules concerning oenological practices and the rules laid down in Annex VII.	(f) respect the general rules concerning oenological practices and the rules laid down in Annex VII.
3. The Commission shall, where necessary, adopt methods referred to in point (d) of Article 59(3) for products listed in Part II of Annex VI by means of implementing acts. Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the legitimate objective pursued. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	3. The methods referred to in point (d) of Article 59(3) for products listed in Part II of Annex VI shall be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty. Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the objective pursued by the Union.
Pending the adoption of such rules, the methods to be used shall be those allowed by the Member State concerned.	Pending the adoption of such provisions, the methods and rules to be used shall be those allowed by the Member State concerned.

Or. en

 

Amendment  168

Proposal for a regulation

Article 65

Text proposed by the Commission	Amendment
Article 65	Article 65
National rules for certain products and sectors	National rules for certain products and sectors
1. Notwithstanding the provisions of Article 59(1), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.	1. Notwithstanding the provisions of Article 59(1), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.
Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non-discriminatory way, use terms which state that those criteria are complied with.	Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non-discriminatory way, use terms which state that those criteria are complied with.
2. Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.	2. Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.
3. Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4.	3. Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4.
4. Taking into account the need to ensure the correct and transparent application, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 specifying the conditions for the application of paragraphs 1, 2 and 3 of this Article as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.	4. Taking into account the need to ensure the correct and transparent application, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 specifying the conditions for the application of paragraphs 1, 2 and 3 of this Article as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.
	4a. Member States may adopt or maintain marketing standards for sectors or products, provided that those measures are consistent with Union law.

Or. en

 

Amendment  169

Proposal for a regulation

Part II – Title II – Chapter I – Section 1 – Subsection 3 a (new)

Text proposed by the Commission	Amendment
	SUBSECTION 3a
	OPTIONAL RESERVED TERMS
	Article 65a
	Scope
	A scheme for optional reserved terms is established in order to help producers of agricultural products which possess value-adding characteristics or attributes to communicate such characteristics or attributes within the internal market, particularly with the aim of supporting and complementing specific marketing standards.
	Article 65b
	Existing optional reserved terms
	1. The optional reserved terms covered by this scheme at the date of entry into force of this Regulation are listed in Annex VIIa to this Regulation together with the acts laying down the terms in question and their conditions of use.
	2. The optional reserved terms referred to in paragraph 1 shall remain in force, subject to any amendment, unless cancelled pursuant to Article 65c.
	Article 65c
	Reservation, amendment and cancellation of optional reserved terms
	In order to take account of the expectations of consumers, developments in scientific and technical knowledge, the situation in the market and developments in marketing standards and in international standards, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160:
	(a) reserving an additional optional reserved term, laying down its conditions of use,
	(b) amending the conditions of use of an optional reserved term, or
	(c) cancelling an optional reserved term.
	Article 65d
	Additional optional reserved terms
	1. A term shall be eligible for reservation as an additional optional reserved term only if it fulfils the following criteria:
	(a) the term relates to a characteristic of a product or to a farming or processing attribute and relates to a marketing standard, viewed in the light of a sector-by-sector approach;
	(b) the use of the term adds value to the product in comparison with products of a similar type, and
	(c) the product has been placed on the market with the characteristic or attribute referred to in point (a) identified to consumers in several Member States.
	The Commission shall take account of any relevant international standard and of the current reserved terms existing for the products or sectors involved.
	2. Optional terms that describe technical product qualities for the purposes of implementing compulsory marketing standards and that are not intended to inform consumers about those product qualities shall not be reserved under this scheme.
	3. In order to take into account the special characteristics of certain sectors as well as consumer expectations, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down detailed rules relating to the requirements for the creation of the additional optional reserved terms referred to in paragraph 1.
	Article 65e
	Restrictions on use of optional reserved terms
	1. An optional reserved term may only be used to describe products that conform to the applicable conditions of use.
	2. Member States shall adopt appropriate measures to ensure that product labelling does not give rise to confusion with optional reserved terms.
	3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules for the use of optional reserved terms.

Or. en

 

Amendment  170

Proposal for a regulation

Article 66

Text proposed by the Commission	Amendment
Article 66	Article 66
General provisions	General provisions
Taking into account the specificities in trade between the Union and certain third countries and the special character of some agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to define the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards and conditions allowing derogation from Article 58 and determine the rules concerning the application of the marketing standards to products exported from the Union.	Taking into account the specificities in trade between the Union and certain third countries, the special character of some agricultural products, and the need to ensure that consumers are not misled due to their well-established perception of the products, and to their corresponding expectations, measures may be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty to define the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards and determine the rules concerning the application of the marketing standards to products exported from the Union.

Or. en

 

Amendment  171

Proposal for a regulation

Article 67

Text proposed by the Commission	Amendment
Article 67	Article 67
Special provisions for the imports of wine	Special provisions for the imports of wine
1. Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter and in the definitions, designations and sales descriptions referred to in Article 60 of this Regulation, shall apply to products imported into the Union and falling under CN codes 2009 61, 2009 69 and 2204.	1. Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter and in the definitions, designations and sales descriptions referred to in Article 60 of this Regulation, shall apply to products imported into the Union and falling under CN codes 2009 61, 2009 69 and 2204.
2. Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices recommended and published by the OIV or authorised by the Union pursuant to this Regulation.	2. Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices authorised by the Union pursuant to this Regulation.
	Measures derogating from this paragraph shall be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty.
3. The import of the products referred to in paragraph 1 shall be subject to the presentation of:	3. The import of the products referred to in paragraph 1 shall be subject to the presentation of:
(a) a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the Commission, in the product’s country of origin;	(a) a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the Commission, in the product’s country of origin;
(b) an analysis report drawn up by a body or department designated by the product’s country of origin, in so far as the product is intended for direct human consumption.	(b) an analysis report drawn up by a body or department designated by the product’s country of origin, in so far as the product is intended for direct human consumption.

Or. en

 

Amendment  172

Proposal for a regulation

Article 67 a (new)

Text proposed by the Commission	Amendment
	Article 67a
	Delegated powers
	The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down:
	(a) rules for the interpretation and enforcement of the definitions and sales descriptions provided for in Annex VI;
	(b) rules on the national procedures concerning the withdrawal and destruction of wine products that do not comply with the requirements of this Regulation.

Or. en

 

Amendment  173

Proposal for a regulation

Article 68

Text proposed by the Commission	Amendment
Article 68	Article 68
Implementing powers in accordance with the examination procedure	Implementing powers in accordance with the examination procedure
The Commission may, by means of implementing acts, adopt the necessary measures related to this Section and in particular:	The Commission may, by means of implementing acts, adopt the necessary measures related to this Section:
(a) for the implementation of the general marketing standard;
(b) for the implementation of the definitions and sales descriptions provided for in Annex VI;
(c) for drawing up the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VI and spreadable fats referred to in point (a) of the sixth paragraph of Part VI of Annex VI, on the basis of indicative lists of products which Member States regard as corresponding in their territory to those provisions and which Member States shall send to the Commission;	(c) for drawing up the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VI and spreadable fats referred to in point (a) of the sixth paragraph of Part VI of Annex VI, on the basis of indicative lists of products which Member States regard as corresponding in their territory to those provisions and which Member States shall send to the Commission;
(d) for the implementation of the marketing standards by sector or product, including the detailed rules for the taking of samples and the methods of analysis for determining the composition of products;	(d) for the implementation of the marketing standards by sector or product, including the detailed rules for the taking of samples and the methods of analysis for determining the composition of products;
(e) for determining whether products have undergone processes contrary to the authorised oenological practices;	(e) for determining whether products have undergone processes contrary to the authorised oenological practices;
(f) for fixing of the tolerance level;	(f) for fixing of the tolerance level;
(g) for the implementation of Article 66.	(g) for the implementation of Article 66.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Or. en

 

Amendment  174

Proposal for a regulation

Article 69

Text proposed by the Commission	Amendment
Article 69	Article 69
Scope	Scope
1. Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VI.	1. Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VI.
2. The rules referred to in paragraph 1 shall be based on:	2. The rules referred to in paragraph 1 shall be based on:
(a) protecting of legitimate interests of consumers and producers;	(a) protecting of legitimate interests of consumers and producers;
(b) ensuring the smooth operation of the internal market in the products concerned; and	(b) ensuring the smooth operation of the internal market in the products concerned; and
(c) promoting the production of quality products, whilst allowing national quality policy measures.	(c) promoting the production of products under quality schemes, whilst allowing national quality policy measures.

Or. en

 

Amendment  175

Proposal for a regulation

Article 70

Text proposed by the Commission	Amendment
Article 70	Article 70
Definitions	Definitions
1. For the purposes of this Section, the following definitions shall apply:	1. For the purposes of this Section, the following definitions shall apply:
(a) "a designation of origin” shall mean the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 69(1) complying with the following requirements:	(a) "a designation of origin” shall mean the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 69(1) complying with the following requirements:
(i) the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;	(i) the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;
(ii) the grapes from which the product is produced come exclusively from that geographical area;	(ii) the grapes from which the product is produced come exclusively from that geographical area;
(iii) the production takes place in that geographical area; and	(iii) the production takes place in that geographical area; and
(iv) the product is obtained from vine varieties belonging to Vitis vinifera;	(iv) the product is obtained from vine varieties belonging to Vitis vinifera;
(b) "a geographical indication” shall mean an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 69(1) complying with the following requirements:	(b) "a geographical indication” shall mean an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 69(1) complying with the following requirements:
(i) it possesses a specific quality, reputation or other characteristics attributable to that geographical origin;	(i) it possesses a specific quality, reputation or other characteristics attributable to that geographical origin;
(ii) at least 85 % of the grapes used for its production come exclusively from that geographical area;	(ii) at least 85 % of the grapes used for its production come exclusively from that geographical area;
(iii) its production takes place in that geographical area; and	(iii) its production takes place in that geographical area; and
(iv) it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.	(iv) it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.
	1a. For the purpose of the application of points (a)(iii) and (b)(iii) of paragraph 1, ‘production’ shall cover 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.
	For the purpose of the application of point (b)(ii) of paragraph 1, the maximum 15 % share of grapes which may originate outside the demarcated geographical area shall originate from the Member State or third country in which the demarcated area is situated.
	By way of derogation from points (a)(iii) and (b)(iii) of paragraph 1, and on condition that the product specification laid down in Article 71(2) so provides, a product with a protected designation of origin or a protected geographical indication may be made into wine either:
	(a) in an area in the immediate proximity of the demarcated area concerned;
	(b) in an area located within the same administrative unit or within a neighbouring administrative unit, as defined by national law;
	(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 States and one or more third countries, in an area situated in the immediate proximity of the demarcated area in question.
	By way of derogation from point (a) (iii) of paragraph 1 and from the third subparagraph of this paragraph, and on condition that the product specification laid down in Article 71(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.
2. Certain traditionally used names shall constitute a designation of origin where they:	2. Certain traditionally used names shall constitute a designation of origin where they:
(a) designate a wine;	(a) designate a wine;
(b) refer to a geographical name;	(b) refer to a geographical name;
(c) meet the requirements referred to in points (i) to (iv) of paragraph 1(a); and	(c) meet the requirements referred to in points (i) to (iv) of paragraph 1(a); and
(d) undergo the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection;	(d) undergo the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection;
3. Designations of origin and geographical indications, including those relating to geographical areas in third countries, shall be eligible for protection in the Union in accordance with the rules laid down in this Subsection.	3. Designations of origin and geographical indications, including those relating to geographical areas in third countries, shall be eligible for protection in the Union in accordance with the rules laid down in this Subsection.

Or. en

 

Amendment  176

Proposal for a regulation

Article 71

Text proposed by the Commission	Amendment
Article 71	Article 71
Applications for protection	Applications for protection
1. Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:	1. Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:
(a) the name to be protected;	(a) the name to be protected;
(b) the name and address of the applicant;	(b) the name and address of the applicant;
(c) a product specification as referred to in paragraph 2; and	(c) a product specification as referred to in paragraph 2; and
(d) a single document summarising the product specification referred to in paragraph 2.	(d) a single document summarising the product specification referred to in paragraph 2.
2. The product specification shall enable interested parties to verify the relevant conditions of production of the designation of origin or geographical indication.	2. The product specification shall enable interested parties to verify the relevant conditions of production of the designation of origin or geographical indication.
	Such product specification shall at least consist of:
	(a) the name to be protected;
	(b) a description of the wine(s) and, in particular;
	(i) for wines with a designation of origin, their principal analytical and organoleptic characteristics;
	(ii) for wines with a geographical indication, their principal analytical characteristics as well as an evaluation or indication of their organoleptic characteristics;
	(c) where applicable, the specific oenological practices used to make the wine(s) as well as the relevant restrictions on making the wine(s);
	(d) the demarcation of the geographical area concerned;
	(e) the maximum yields per hectare;
	(f) an indication of the wine grape variety or varieties from which the wine(s) is obtained;
	(g) the details proving that the requirements referred to in Article 70(1)(a) or, as the case may be, in Article 70(1)(b)(i), have been complied with;
	(h) any applicable requirements concerning the production of the product with a PDO or a PGI laid down in Union or national law or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication;
	(i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.
	The requirements referred to in point (h) of the second subparagraph shall be objective, non-discriminatory and compatible with Union law.
3. Where the application for protection concerns a geographical area in a third country, in addition to the elements provided for in paragraphs 1 and 2, it shall contain a proof that the name concerned is protected in its country of origin.	3. Where the application for protection concerns a geographical area in a third country, in addition to the elements provided for in paragraphs 1 and 2, it shall contain a proof that the name concerned is protected in its country of origin.

Or. en

 

Amendment  177

Proposal for a regulation

Article 73

Text proposed by the Commission	Amendment
Article 73	Article 73
Preliminary national procedure	Preliminary national procedure
1. Applications for protection of a designation of origin or a geographical indication as referred to in Article 71 for wines originating in the Union shall be subject to a preliminary national procedure.	1. Applications for protection of a designation of origin or a geographical indication as referred to in Article 71 for wines originating in the Union shall be subject to a preliminary national procedure.
	1a. The application for protection shall be filed with the Member State on the territory of which the designation of origin or geographical indication originates.
	The Member State shall examine the application for protection in order to verify whether it meets the conditions laid down in this Subsection.
	The Member State shall ensure the adequate publication at national level of the application and provide for a period of at least two months from the date of publication within which written objections to the proposed protection may be lodged. Such objections shall be in the form of a duly substantiated statement and may be made by any natural or legal person resident or established on the territory of the Member State, having a legitimate interest.
2. If the Member State considers that the designation of origin or geographical indication does not meet the requirements or is incompatible with Union law, it shall reject the application.	2. If the Member State considers that the designation of origin or the geographical indication does not comply with the conditions laid down in this Subsection or is incompatible with Union law, it shall reject the application.
3. If the Member State considers that the requirements are met, it shall carry out a national procedure which ensures adequate publication of the product specification at least on the Internet.	3. If the Member State considers that the conditions laid down in this Subsection are complied with, it shall:
	(a) ensure adequate publication, at least on the Internet, of the product specification referred to in point (d) of Article 71(1);
	(b) submit to the Commission an application for protection containing the following information:
	(i) the name and address of the applicant;
	(ii) the single document referred to in Article 71(1)(d);
	(iii) a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and
	(iv) the reference to the publication made pursuant to point (a).
	The information referred to in point (b) of the first subparagraph shall be forwarded in one of the official languages of the Union or accompanied by a certified translation into one of those languages.

Or. en

 

Amendment  178

Proposal for a regulation

Article 79

Text proposed by the Commission	Amendment
Article 79	Article 79
Relationships with trademarks	Relationships with trademarks
1. Where a designation of origin or a geographical indication is protected under this Regulation, the registration of a trade mark the use of which falls under Article 80(2) and relating to a product falling under one of the categories listed in Part II of Annex VI shall be refused if the application for registration of the trade mark is submitted after the date of submission of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected.	1. The registration of a trade mark which contains a designation of origin or geographical indication protected under this Regulation, or which is constituted by such a designation or indication, the use of which falls under Article 80(2) and relating to a product falling under one of the categories listed in Part II of Annex VI shall be refused if the application for registration of the trade mark is submitted after the date of the lodging of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected.
Trade marks registered in breach of the first subparagraph shall be invalidated.	Trade marks registered in breach of the first subparagraph shall be invalidated.
2. Without prejudice to Article 78(2), a trade mark the use of which falls under Article 80(2), 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 the date on which the application for protection of the designation of origin or geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark’s invalidity or revocation exist under Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks or by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark.	2. Without prejudice to Article 78(2), a trade mark the use of which falls under Article 80(2), which has been applied for, registered or established by use in good faith, if that possibility is provided for by the legislation concerned, in the territory of the Union either before the date of protection of the designation of origin or geographical indication in the country of origin, or before 1 January 1996, may continue to be used notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark’s invalidity or revocation exist under Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks or by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark.
In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trade marks.	In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trade marks.

Or. en

 

Amendment  179

Proposal for a regulation

Article 82

Text proposed by the Commission	Amendment
Article 82	Article 82
Amendments to product specifications	Amendments to product specifications
1. An applicant satisfying the conditions laid down pursuant to point (b) of Article 86(4) may apply for approval of an amendment to the product specification of a protected designation of origin or a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area concerned. Applications shall describe and give reasons for the amendments requested.	1. An applicant satisfying the conditions laid down in Article 72 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area referred to in point (d) of the second subparagraph of Article 71(2). Applications shall describe and state reasons for the amendments requested.
	By way of derogation from paragraph 1, Member States or third countries concerned, or their competent authority, may apply for approval of an amendment to the product specification of existing protected wine names in accordance with Article 84(1).
	1a. Where the proposed amendment involves one or more amendments to the single document referred to in Article 71(1)(d), Articles 73 to 76 shall apply mutatis mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission shall adopt implementing acts, containing its decision whether to approve the application without following the procedure laid down in Article 74(2) and Article 75 and, in the event of approval, shall publish the elements referred to in Article 74(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
	1b. Where the proposed amendment does not involve any change to the single document, the following rules shall apply:
	(a) where the geographical area concerned is in a given Member State, that Member State shall decide on the amendment and, in the event of approval, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them;
	(b) where the geographical area concerned is in a third country, the Commission shall, by means of implementing acts, decide whether to approve the proposed amendment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Or. en

 

Amendment  180

Proposal for a regulation

Article 84

Text proposed by the Commission	Amendment
Article 84	Article 84
Existing protected wine names	Existing protected wine names
1. Wine names, which are protected in accordance with Articles 51 and 54 of Council Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002, shall automatically be protected under this Regulation. The Commission shall list them in the register provided for in Article 81 of this Regulation.	1. Wine names referred to in Articles 51 and 54 of Council Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002, shall be automatically protected under this Regulation. The Commission shall list them in the register provided for in Article 81 of this Regulation.
2. The Commission shall take the corresponding formal step of removing wine names to which Article 191(3) of Regulation (EU) No [COM(2010)799] applies from the register provided for in Article 81 by means of implementing acts.	2. The Commission may adopt implementing acts removing wine names to which Article 118s(3) of Regulation (EC) No 1234/2007 applies from the register provided for in Article 81. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
3. Article 83 shall not apply to existing protected wine names referred to in paragraph 1 of this Article.	3. Article 83 shall not apply to existing protected wine names referred to in paragraph 1 of this Article.
Until 31 December 2014 the Commission may, on its own initiative, by means of implementing acts, decide to cancel protection of existing protected wine names referred to in paragraph 1 of this Article if they do not meet the conditions laid down in Article 70.	Until 31 December 2014 the Commission may, on its own initiative, by means of implementing acts, decide to cancel protection of existing protected wine names referred to in paragraph 1 of this Article if they do not meet the conditions laid down in Article 70.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).	Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
4. For Croatia, the wine names published in the Official Journal of the European Union shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 81.	4. For Croatia, the wine names published in the Official Journal of the European Union shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 81.

Or. en

 

Amendment  181

Proposal for a regulation

Article 86

Text proposed by the Commission	Amendment
Article 86	Article 86
Delegated powers	Delegated powers
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 5 of this Article.	1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 5 of this Article.
2. Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt:	2. Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt:
(a) the principles for the demarcation of the geographical area, and	(a) the additional details for the demarcation of the geographical area, and
(b) the definitions, restrictions and derogations concerning the production in the demarcated geographical area.	(b) the restrictions and derogations concerning the production in the demarcated geographical area.
3. Taking into account the need to ensure product quality and traceability, the Commission may, by means of delegated acts, provide for the conditions under which product specifications may include additional requirements.	3. Taking into account the need to ensure product quality and traceability, the Commission may, by means of delegated acts, provide for the conditions under which product specifications may include additional requirements.
4. Taking into account the need to ensure the legitimate rights and interests of producers or operators, the Commission may, by means of delegated acts, adopt rules on:	4. Taking into account the need to ensure the legitimate rights and interests of producers or operators, the Commission may, by means of delegated acts, adopt rules on:
(a) the elements of the product specification;
(b) the type of applicant that may apply for the protection of a designation of origin or geographical indication;	(b) the type of applicant that may apply for the protection of a designation of origin or geographical indication;
(c) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, preliminary national procedures, scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;	(c) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;
(d) the conditions applicable to trans-border applications;	(d) the conditions applicable to trans-border applications;
(e) the conditions for applications concerning geographical areas in a third country;	(e) the conditions for applications concerning geographical areas in a third country;
(f) the date from which a protection or an amendment of a protection shall apply;	(f) the date from which a protection or an amendment of a protection shall apply;
(g) the conditions related to amendments to product specifications.	(g) the conditions related to amendments to product specifications and the conditions under which an amendment is to be considered as minor within the meaning of Article 82(1a).
5. Taking into account the need to ensure an adequate protection, the Commission may, by means of delegated acts, adopt restrictions regarding the protected name.	5. Taking into account the need to ensure an adequate protection, the Commission may, by means of delegated acts, adopt restrictions regarding the protected name.
6. Taking into account the need to ensure that economic operators and competent authorities are not prejudiced by the application of this Subsection as regards wine names which have been granted protection prior to 1 August 2009 or for which an application for protection has been made prior to that date, the Commission may, by means of delegated acts, adopt transitional provisions concerning:
(a) wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009 and wine names for which an application for protection has been made prior to that date;
(b) preliminary national procedure;
(c) wines placed on the market or labelled before a specific date; and
(d) amendments to the product specifications.

Or. en

 

Amendment  182

Proposal for a regulation

Article 89 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Traditional terms shall be recognised, defined and protected by the Commission.

Or. en

 

Amendment  183

Proposal for a regulation

Article 89 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Traditional terms shall be protected only in the language and for the categories of grape vine products claimed in the application, against:
	(a) any misuse of the protected term, including where it 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, placed on the inner or outer packaging, advertising material or documents relating to it;
	(c) any other practice likely to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.

Or. en

 

Amendment  184

Proposal for a regulation

Article 89 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	1b. Where a traditional term is protected under this Regulation, the registration of a trademark, the use of which would contravene Article 89c, shall be assessed in accordance with Directive 2008/95/EC or Regulation (EC) No 207/2009.
	Trademarks registered in breach of the first subparagraph shall be declared invalid upon request in accordance with the applicable procedures as specified by Directive 2008/95/EC or Regulation (EC) No 207/2009.
	A trademark, which corresponds to one of the situations referred to in Article 89c of this Regulation, 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.
	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.

Or. en

 

Amendment  185

Proposal for a regulation

Article 89 – paragraph 1 c (new)

Text proposed by the Commission	Amendment
	1c. A term, for which an application is lodged and which is wholly or partially homonymous with that of a traditional term already protected under this Chapter shall be protected paying due regard to local and traditional usage and to 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.

Or. en

 

Amendment  186

Proposal for a regulation

Article 89 – paragraph 1 d (new)

Text proposed by the Commission	Amendment
	1d. Within two months from the date of publication of the application by the Commission, any Member State or third country, or any natural or legal person having a legitimate interest may object to the proposed recognition by lodging a request of objection.

Or. en

 

Amendment  187

Proposal for a regulation

Article 89 – paragraph 1 e (new)

Text proposed by the Commission	Amendment
	1e. An applicant may apply for an approval of a modification of a traditional term, the language indicated, the wine or wines concerned or of the summary of the definition or conditions of use of the traditional term concerned.

Or. en

 

Amendment  188

Proposal for a regulation

Article 89 – paragraph 1 f (new)

Text proposed by the Commission	Amendment
	1f. The Commission may, on a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, adopt implementing acts, containing its decision to cancel the protection of a traditional term if it no longer meets the definition laid down in Article 89.
	Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Or. en

 

Amendment  189

Proposal for a regulation

Article 89 a (new)

Text proposed by the Commission	Amendment
	Article 89a
	Conditions for the use of traditional terms
	1. The term to be protected shall be either:
	(a) in the official language(s) or 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 69(1).
	3. The term shall be registered with its original spelling(s).

Or. en

 

Amendment  190

Proposal for a regulation

Article 89 b (new)

Text proposed by the Commission	Amendment
	Article 89b
	Conditions of validity
	1. The recognition of a traditional term shall be accepted if:
	(a) the term consists solely of:
	(i) a name traditionally used in commerce in a large part of the territory of the Community or of the third country concerned, to distinguish specific categories of grapevine products referred to in Article 69(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 69(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 the case of terms filed in language(s) referred to in Article 89a, paragraph (1)(a);
	(b) at least 15 years in the case of terms filed in language(s) referred to in Article 89a(1)(b).
	3. For the purpose of paragraph (1), point (b)(i), "generic" means the name of a traditional term which, 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) of this Article shall not apply to the traditional terms referred to in point (b) of Article 89.

Or. en

 

Amendment  191

Proposal for a regulation

Article 89 c (new)

Text proposed by the Commission	Amendment
	Article 89c
	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 89.
	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.

Or. en

 

Amendment  192

Proposal for a regulation

Article 89 d (new)

Text proposed by the Commission	Amendment
	Article 89d
	Recognition procedure
	Any decision to reject or recognise the traditional term concerned shall be taken by the Commission on the basis of the evidence available to it. It shall consider whether or not the conditions referred to in Article 89, 89a and 89b, or laid down in Article 90a(3) or Article 90b, have been met.
	The decision to reject shall be notified to the objector and to the Member State or the third-country authorities or the representative professional organisation established in the third country in question.

Or. en

 

Amendment  193

Proposal for a regulation

Article 91 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) the applicants that may apply for the protection of a traditional term;	deleted

Or. en

 

Amendment  194

Proposal for a regulation

Article 91 – paragraph 3 – point c

Text proposed by the Commission	Amendment
(c) the grounds for objecting to a proposed recognition of a traditional term;	deleted

Or. en

 

Amendment  195

Proposal for a regulation

Article 91 – paragraph 3 – point d

Text proposed by the Commission	Amendment
(d) the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names;	deleted

Or. en

 

Amendment  196

Proposal for a regulation

Article 91 – paragraph 3 – point e

Text proposed by the Commission	Amendment
(e) the grounds for cancellation of a traditional term;	deleted

Or. en

 

Amendment  197

Proposal for a regulation

Article 91 – paragraph 4

Text proposed by the Commission	Amendment
4. Taking into account the specificities in trade between the Union and certain third countries, the Commission may, , adopt the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 89.	4. Taking into account the specificities in trade between the Union and certain third countries, the Commission may,by way of derogation from Article 89, adopt delegated acts laying down the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 89.

Or. en

 

Amendment  198

Proposal for a regulation

Article 93 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).

Or. en

 

Amendment  199

Proposal for a regulation

Article 95

Text proposed by the Commission	Amendment
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.	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.
	The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VI may not be supplemented by any particulars other than those provided for in this Regulation unless those particulars satisfy the requirements of Article 2(1)(a) of Directive 2000/13/EC.
	1a. Where one or more of the ingredients listed in Annex IIIa to Directive 2000/13/EC is present in one of the products referred to in Part II of Annex VI to this Regulation, they shall 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”.
	1b. The list of ingredients referred to in paragraph 1amay be accompanied by the use of a pictogram. The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, determining the use of such pictograms.

Or. en

 

Amendment  200

Proposal for a regulation

Article 96 – paragraph 2

 

Text proposed by the Commission	Amendment
2. By way of derogation from point (a) of paragraph 1, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication.	2. By way of derogation from paragraph 1(a), the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication and for quality sparkling wines whose labels include the term “Sekt”.

Or. en

 

Amendment  201

Proposal for a regulation

Article 96 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) where a traditional term as referred to Article 89(a) is displayed on the label;	(a) where a traditional term referred to in Article 89(1)(a) is displayed on the label in accordance with the legislation of a Member State or with the product specification referred to in Article 71(2) of this Regulation;

Or. en

 

Amendment  202

Proposal for a regulation

Article 99 – paragraph 2

Text proposed by the Commission	Amendment
2. Taking into account the need 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 on:	2. Taking into account the need 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 rules and restrictions on