Texts adopted - Specific rules as regards the fruit and vegetable sector *

Choisissez la langue de votre document :

Index

Full text

Procedure : 2007/0012(CNS)

Document stages in plenary

Document selected : A6-0183/2007
Texts tabled : A6-0183/2007		Debates : PV 06/06/2007 - 22 CRE 06/06/2007 - 22		Votes : PV 07/06/2007 - 5.14 CRE 07/06/2007 - 5.14 Explanations of votes		Texts adopted : P6_TA(2007)0232

Texts adopted

189k

301k

Thursday, 7 June 2007 - Brussels

Specific rules as regards the fruit and vegetable sector *

P6_TA(2007)0232

A6-0183/2007

European Parliament legislative resolution of 7 June 2007 on the proposal for a Council regulation laying down specific rules as regards the fruit and vegetable sector and amending certain Regulations (COM(2007)0017 – C6-0075/2007 – 2007/0012(CNS))

(Consultation procedure)

The European Parliament,

– having regard to the Commission proposal to the Council (COM(2007)0017)(1),

– having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0075/2007),

– having regard to Rule 51 of its Rules of Procedure,

– having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on International Trade (A6-0183/2007),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission

Amendments by Parliament

Amendment 1
RECITAL 2

(2) In the light of experience it is necessary to change the regime for fruit and vegetables in order to achieve the following objectives: improving the competitiveness and market orientation of the sector so as to contribute to achieving sustainable production that is competitive both on internal and external markets, taking into account the situation of the new Member States in order to reduce, if possible, the imbalances between different Member States and regions with the aim of maintaining farmers" incomes, reducing fluctuations in producers" income resulting from crises on the market, increasing the consumption of fruit and vegetables in the Community and continuing the efforts made by the sector to maintain and protect the environment, protect public health and the interests of consumers and make controls on imports of fruit and vegetables from third countries more effective.

Amendment 2
RECITAL 5

(5) The scope of this Regulation should be products covered by the common market organisations of the markets in fruit and vegetables and processed fruit and vegetables. However, the provisions on producer organisations and interbranch organisations and agreements only apply to products covered by the common market organisation for fruit and vegetables and this distinction should be maintained. The scope of the common market organisation in fruit and vegetables should also be extended to certain culinary herbs to allow them to benefit from the regime.

(5) The scope of this Regulation should be products covered by the common market organisations of the markets in fruit and vegetables and processed fruit and vegetables. The scope of the common market organisation in fruit and vegetables should also be extended to certain culinary herbs to allow them to benefit from the regime.

Amendment 3
RECITAL 7

(7) The production and marketing of fruit and vegetables should take full account of environmental concerns, including cultivation practices, the management of waste materials and the disposal of products withdrawn from the market, in particular as regards the protection of water quality, the maintenance of biodiversity and the upkeep of the countryside. In order better to assist farmers and operators in translating the high quality of their products into higher revenue, the Commission should further investigate the possible introduction of a European quality label.

Amendment 4
RECITAL 8

(8) Producer organisations are the basic elements in the fruit and vegetables regime, the decentralised operation of which they ensure at their level. In the face of ever greater concentration of demand, the grouping of supply through these organisations continues to be an economic necessity in order to strengthen the position of producers in the market. Such grouping must be effected on a voluntary basis and must prove its utility by the scope and efficiency of the services offered by producer organisations to their members.

(8) Producer organisations and interbranch organisations are the basic elements in the fruit and vegetables regime, the decentralised operation of which they ensure at their level. In the face of ever greater concentration of demand, the grouping of supply through these organisations continues to be an economic necessity in order to strengthen the position of producers in the market. However, securing a genuine improvement in the position of producers vis-à-vis retail networks and large processing concerns will require other, political, action to be taken at Community level. Such grouping must be effected on a voluntary basis and must prove its utility by the scope and efficiency of the services offered by producer organisations to their members.

Amendment 5
RECITAL 9

(9) Experience shows that producer organisations are the correct tool for grouping supply. However, the spread of producer organisations in different Member States has been uneven. In order to further improve the attractiveness of producer organisations, provision should be made for more flexibility in their operation wherever possible. Such flexibility should concern in particular the product range of a producer organisation, the extent of direct sales permitted and the extension of rules to non-members as well as permitting the delegation of powers or functions of producer organisations to associations of producer organisations, subject to necessary conditions, and the delegation of functions to subsidiaries.

(9) Experience shows that producer organisations are the correct tool for concentration of supply. However, the spread of producer organisations in different Member States has been uneven. In order to further improve the attractiveness of producer organisations, provision should be made for more flexibility in their operation wherever possible, as well as to prevent their being excessively concentrated in areas where the production and marketing conditions are more homogeneous, which would indirectly lead to overall supply being dispersed. Such flexibility should concern in particular the product range of a producer organisation, the extent of direct sales permitted and the extension of rules to non-members as well as permitting the delegation of powers or functions of producer organisations to associations of producer organisations, subject to conditions available to ensure their efficient operation, and the delegation of functions to subsidiaries.

Amendment 6
RECITAL 11

(11) Producer groups in Member States which have acceded to the Community in 2004 or thereafter and wishing to acquire the status of producer organisations in accordance with this Regulation should be allowed the benefit of a transitional period during which national and Community financial support can be given against certain commitments by the group.

(11) Producer groups in Member States which have acceded to the Community in 2004 or thereafter and wishing to acquire the status of producer organisations in accordance with this Regulation should be allowed, insofar as the degree of concentration of supply is still inadequate, the benefit of a transitional period during which national and Community financial support can be given against certain commitments by the group.

Amendment 7
RECITAL 13

(13) In regions where the organisation of production is weak, the grant of additional, national, financial contributions should be allowed. In the case of Member States which are at a particular disadvantage with regard to structures, those contributions should be reimbursable by the Community.

Amendment 8
RECITAL 14

(14) In order to simplify and reduce the cost of the scheme it could be helpful to align, where possible, the procedures and rules for the eligibility of expenditure under operational funds with those of rural development programmes by permitting Member States to establish a national strategy for operational programs. In this national strategy, as well as in the national strategic plan and in the rural development programmes, the measures adopted by the Member States to prevent the dual financing of the measures should be specified. In addition, in the interests of greater legal certainty and of making the operational fund measures more effective, Member States should be allowed to draw up negative lists of eligibility.

Amendment 9
RECITAL 16

(16) A number of heterogeneous aid schemes for certain fruit and vegetables have been set out in Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 2202/96. The number and variety of those schemes have made them complex to administer. Whilst they have been targeted at some specific fruits and vegetables, they have not been able to fully take into account regional conditions of production, and have not covered all fruit and vegetables. It is therefore appropriate to seek a different tool for supporting fruit and vegetable producers.

(16) A number of heterogeneous aid schemes for certain fruit and vegetables have been set out in Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 2202/96. The number and variety of those schemes have made them complex to administer and may create legal uncertainty. Whilst they have been targeted at some specific fruits and vegetables, they have not been able to fully take into account the species brought in by the new Member States or the regional conditions of production, and have not covered all fruit and vegetables. It is therefore appropriate to seek a different tool for supporting fruit and vegetable producers.

Amendment 10
RECITAL 18

(18) In the interests of a more targeted but flexible system of support for the fruit and vegetables sector and in the interests of simplification, it is therefore appropriate to abolish the existing aid schemes and include fruit and vegetables fully into the scheme established by Regulation (EC) No 1782/2003. To this end it is necessary to provide that farmers who produced fruit and vegetables in the reference period should be eligible for the single payment scheme. Provision should also be made for the establishment by Member States of reference amounts and eligible hectares under the single payment scheme on the basis of a representative period appropriate to the market of each fruit and vegetable product and of appropriate objective and non-discriminatory criteria. Areas planted with fruit and vegetables, including permanent fruits and vegetables should be eligible to the single payment scheme. National ceilings should be amended appropriately. Provision should also be made for the Commission to adopt detailed rules and any necessary transitional measures.

(18) In the interests of a more targeted but flexible system of support for the fruit and vegetables sector and in the interests of simplification, it is therefore appropriate to abolish the existing aid schemes and include fruit and vegetables at least partially into the scheme established by Regulation (EC) No 1782/2003. To this end it is necessary to provide that farmers who produced fruit and vegetables in the reference period should be eligible for the single payment scheme and to set national envelopes on the basis of a representative period appropriate to the market of each fruit and vegetable product and of appropriate objective and non-discriminatory criteria. Areas planted with fruit and vegetables, including permanent fruits and vegetables should be eligible to the single payment scheme. National ceilings should be amended appropriately, with reference to the new fruit and vegetable market situation resulting from the accession of the new Member States. Provision should also be made for the Commission to adopt detailed rules and any necessary transitional measures.

Amendment 11
RECITAL 18 A (new)

(18a) Areas planted with fruit and vegetables should be excluded from the single payment scheme, in order to ensure that they cannot be destined for any other agricultural activity, until their potential effects on structures and on fruit and vegetable markets are known, thereby respecting the case-law of the Court of Justice of the European Communities1 which demands the submission of detailed impact studies to justify substantial legislative changes. The report that the Commission is to submit to the Council on the regional application of the single payment scheme, referred to in Article 60(8) of Regulation (EC) No 1782/2003, should, on the one hand, analyse the impact of the scheme on areas planted with fruit and vegetables that already enjoy freedom of production and, on the other, incorporate a specific analysis of the potential effects of the liberalisation on the whole sector of fruit and vegetables and potatoes in the Community.

___________
1Judgment of 7 September 2006 in Case C-310/04 Spain v Council [2006] ECR I-7285.

Amendment 12
RECITAL 18 B (new)

(18b) Because of the enlargement of 2004, cherries and berries (strawberries, raspberries and redcurrants) have become products of great social and economic importance for the Union, but they are nevertheless undergoing a great structural crisis and require specific support measures. Area-based Community aid is therefore provided for these crops under conditions that ensure the viability of holdings and promote structural improvement, in particular concentration of supply.

Amendment 13
RECITAL 19

(19) The production of fruit and vegetables is unpredictable and the products are perishable. Surplus on the market, even if it is not too great, can strongly disturb the market. Some schemes for market withdrawals have been operated but have proved somewhat complex to administer and inefficient. The fruit and vegetable sector is characterised by market instability, and in the event of price collapses the current system of market withdrawals is of limited effectiveness as a safety net for farmers" incomes, owing to insufficient payments, excessive bureaucracy, shortcomings in organisation in the production regions, failure to recognise the production potential in order to ensure correct market management, the effect of imports from third countries and the lack of genuine outlets for the products withdrawn. More effective, horizontal measures for crisis management, applicable to all farmers from all market sectors, should be introduced, in a manner as easy to apply as possible. Integration of all such measures into a security fund financed separately from the operational programmes of producer organisations appears the best approach in these circumstances, and should also provide for increased attractiveness of producer organisations for producers. The Member States are allowed to devise management measures to tackle serious national and/or regional crises. Those measures should be defined in the context of the national strategy and, if the Member States deem it appropriate, should be financed by part of the national reserve of payment entitlements referred to in Article 42 of Regulation (EC) No 1782/2003.

Amendment 14
RECITAL 19 A (new)

(19a) In common organisations of the market which are very open to markets, such as that for fruit and vegetables, interbranch organisations play an extremely important part in initial marketing and in the quality of products. They make it possible not only to improve the competitiveness of the sector but also to combat market fluctuations. Their functioning therefore considerably limits major market disruptions and protects producers against crises.

Amendment 15
RECITAL 20 A (new)

(20a) In the event of a substantial change to the existing system, the areas earmarked for production of cultivated mushrooms may be eligible for the single payment system provided for by Regulation (EC) No 1782/2003.

Amendment 16
RECITAL 20 B (new)

(20b) Average consumption of fruit and vegetables is still below the levels recommended by the World Health Organization and nutrition experts for their importance in achieving a balanced diet and their substantial role in the prevention of chronic illnesses. In some Member States, moreover, consumption is gradually falling. In order to counter this trend the role and resources of producer organisations as regards promotion should be stepped up and funding should be increased for the information campaigns and measures to promote the consumption of fruit and vegetables referred to in Regulation (EC) No 2826/2000 for all sections of the population, especially the under-18s. In addition, it would be appropriate to improve the conditions for free distribution of fruit and vegetables within the EU and, as far as possible, also in third countries near the Community.

Amendment 17
RECITAL 23

(23) The creation of a single Community market involves the introduction of a trading system at the external borders of the Community. That trading system should include import duties and should, in principle, stabilise the Community market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations, which should entail the elimination of the export refunds granted to the sector in the past and the reconversion of the amounts allocated to this into internal measures compatible with the multilateral framework. In addition, it is necessary to step up information and promotion measures on fruit and vegetable products in third countries in the context of Council Regulation (EC) No 2702/1999 of 14 December 1999 on measures to provide information on, and to promote, agricultural products in third countries1. The Commission shall submit the relevant proposals for the revision of the Regulation.

__________
1 OJ L 327, 21.12.1999, p. 7. Regulation as last amended by Regulation (EC) No 2060/2004 (OJ L 357, 2.12.2004, p. 3).

Amendment 18
RECITAL 25

(25) Monitoring the volume in trade in agricultural products with third countries may, in respect of certain products, require the introduction of licensing systems for imports and exports including the lodging of a security to ensure that the transactions for which such licences are issued are actually carried out. The Commission should, therefore, be empowered to introduce licensing systems in respect of such products. In order to protect consumer health and prevent the pollution of crops by alien harmful organisms, it is necessary to complement the certification systems with new provisions, different from those of the present Regulation, with a view to strengthening the plant health control and quality systems at the borders. In this connection, it would be desirable to create a European quality control agency for fruit and vegetable products from third countries, under the supervision of the European Food Safety Agency.

Amendment 19
RECITAL 28 A (new)

(28a) The process of coordinating, at Community level, the negotiation of plant health protocols with third countries for the export of fruit and vegetables should be supported.

Amendment 21
RECITAL 30

(30) Since the common markets in agricultural products are continuously evolving, the Member States and the Commission should keep each other informed of relevant developments.

(30) The dynamism of the fruit and vegetable sector, subject to structural changes in production or commerce that alter the operation of markets, requires that the Member States and the Commission should keep each other informed of the most relevant developments ascertained. It would also be appropriate to establish a price observatory capable of providing detailed and objective information on markets and thus facilitate the triggering of action by the Commission in the event of serious crises. In addition, progress should be made in creating a European authority to ensure the transparency of commercial transactions and strict compliance with the rules on competition, in particular by large-scale retailers.

Amendment 22
RECITAL 31

(31) The fruit and vegetables regime provides for certain obligations to be respected. To guarantee compliance with these obligations, there is a need for controls and the application of penalties in case of non-compliance with such obligations. The power should, therefore, be conferred on the Commission to set up the corresponding rules including those concerning the recovery of undue payments and on the reporting obligations of the Member States. The special corps of inspectors in the fruit and vegetable sector will no longer be necessary under the new regime and may be abolished.

Amendment 23
ARTICLE 1, SUBPARAGRAPH 1

This Regulation lays down specific rules applying to the products listed in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96.

This Regulation lays down specific rules applying to the products listed in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96, as well as to the important products introduced by the new Member States.

Amendment 24
ARTICLE 1, SUBPARAGRAPH 2

However Titles III and IV of this Regulation shall only apply in respect of the products listed in Article 1(2) of Regulation (EC) No 2200/96.

deleted

Amendment 25
ARTICLE 1, SUBPARAGRAPH 3

Article 39 shall apply to potatoes, fresh or chilled of CN code 0701.

deleted

Amendment 26
ARTICLE 2, PARAGRAPH 1

1. Provision may be made by the Commission for marketing standards for one or more of the products listed in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96. To this end, account shall be taken of the UNECE standards recommended by the Working Party on Agricultural Quality Standards set up under the auspices of the United Nations Economic Commission for Europe. Until the adoption of new standards, the standards adopted pursuant to Article 2 of Regulation (EC) No 2200/96 shall remain applicable.

Amendment 27
ARTICLE 2, PARAGRAPH 2, POINT B

(b) may in particular relate to quality, grading, weight, sizing, packaging, wrapping, storage, transport, presentation, marketing and labelling.

(b) concern in particular quality, grading, weight, sizing, packaging, wrapping, storage, transport, presentation, marketing, origin and labelling, including mandatory labelling of origin for fresh fruit and vegetable products used in processed fruit and vegetable products, as well as the specific forms of production.

Amendment 28
ARTICLE 2, PARAGRAPH 3, SUBPARAGRAPH 1

3. Save as otherwise provided for by the Commission in accordance with the criteria referred to in point (a) of paragraph 2, the products for which marketing standards have been laid down may be marketed in the Community only in accordance with such standards. The owner of products for which standards are adopted may display them for sale, put them on sale, sell them, dispatch them or otherwise market them within the EU only if they comply with those standards. He shall be responsible for their conformity with the standards.

Amendment 30
ARTICLE 2, PARAGRAPH 3 A (new)

3a. In the retail phase, in order to ensure proper consumer information, products shall bear the indications required by the standards. These indications shall include, as a minimum:

(a) variety or variety type;

(b) origin of the product;

Amendment 31
ARTICLE 2, PARAGRAPH 3 B (new)

3b. Pending the adoption of new provisions for the implementation of the controls, the control provisions in respect of conformity with the standards laid down in Commission Regulation (EC) No 1148/2001 of 12 June 2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables1 shall remain in force.

__________
1 OJ L 156, 13.6.2001, p. 9. Regulation as last amended by Regulation (EC) No 408/2003 (OJ L 62, 6.3.2003, p. 8).

Amendment 32
ARTICLE 3, PARAGRAPH 1, POINT A

(a) it is formed on the initiative of farmers within the meaning of Article 2(a) of Regulation (EC) No 1782/2003, who are growers of one or more products listed in Article 1(2) of Regulation (EC) No 2200/96;

(a) it is formed on the initiative of farmers within the meaning of Article 2(a) of Regulation (EC) No 1782/2003, who are growers of one or more products referred to in Article 1(1) of this Regulation;

Amendment 33
ARTICLE 3, PARAGRAPH 1, POINT B (III)

(iii) reducing production costs and stabilising producer prices;

(iii) optimising production costs and stabilising producer prices;

Amendment 34
ARTICLE 3, PARAGRAPH 1, POINT B (IV A) (new)

(iva) promoting products of certified quality.

Amendment 35
ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 1, POINT A

(a) apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment;

(a) apply the rules adopted by the producer organisation relating to production information and reporting, production, marketing and protection of the environment;

Amendment 36
ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 1, POINT E

(e) pay the financial contributions provided for in its rules of association for the establishment and replenishment of the operational fund provided for in Article 7.

deleted

Amendment 37
ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 2, POINT C

(c) where the producer organisation so authorises, market through another producer organisation designated by their own organisation products which, because of their characteristics, are not normally covered by the commercial activities of the producer organisation concerned.

(c) where the producer organisation so authorises, market themselves or through another producer organisation designated by their own organisation products which, because of their characteristics, are not normally covered by the commercial activities of the producer organisation concerned.

Amendment 38
ARTICLE 3, PARAGRAPH 2 A (new)

2a. For the purposes of this Regulation, "association of producer organisations" shall mean any legal person formed by two or more recognised producer organisations, having, in particular, the following objectives:

(a) replacing their members in the management of the operational fund referred to in Article 7 and in the preparation, presentation and implementation of the operational programmes referred to in Article 8;

(b) managing market crises;

Amendment 39
ARTICLE 4, PARAGRAPH 1

1. Member States shall recognise as producer organisations for the purposes of this Regulation all producer groups applying for such recognition, on condition that:

(a) they meet the requirements laid down in Article 3 and provide the relevant evidence, including proof that they have a minimum number of members and cover a minimum volume of marketable production to be laid down by Member States;

(b) there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply;

(c) they effectively enable their members to obtain technical assistance in using environmentally-sound cultivation practices;

(d) they effectively provide their members, if necessary, with the technical means for storing, packaging and marketing their produce and ensure proper commercial and budgetary management of their activities.

(d) they have the technical and human resources necessary for storing, packaging and marketing their produce and ensure proper commercial and budgetary management of their activities.

Amendment 40
ARTICLE 4, PARAGRAPH 2

2. Member States may also recognise as producer organisations for the purposes of this Regulation producer organisations which do not comply with the requirement laid down in Article 3(1)(a) provided that:

2. Producer organisations recognised pursuant to Regulation (EC) No 2200/96 prior to 31 December 2007 shall benefit from a two-year transition period starting on 1 January 2008, provided they continue to satisfy the requirements of the relevant articles of Regulation (EC) No 2200/96. Associations that have been pre-recognised pursuant to Regulation (EC) No 2200/96 shall maintain their pre-recognised status until the end of the implementation period of the recognition plan.

(a) they existed before 21 November 1996;

(b) they were recognised under Council Regulation (EEC) No 1035/72 before 1 January 1997.

The other requirements laid down in Article 3, except, if appropriate, paragraph 1(c) thereof, and in paragraph 1 of this Article shall apply to producer organisations recognised pursuant to the first subparagraph of this paragraph.

Amendment 41
ARTICLE 4, PARAGRAPH 3 A (new)

3a. Member States shall establish the conditions for recognition of associations of recognised producer organisations.

Amendment 42
ARTICLE 5, PARAGRAPH 1

1. A Member State may permit producer organisations to delegate any of their powers to an association of producer organisations of which they are members provided that the Member State considers that the association is capable of exercising those powers effectively.

1. A Member State may permit producer organisations to delegate all or part of their powers to an association of recognised producer organisations of which they are members, or to subsidiary organisations in accordance with conditions to be established, provided that the Member State considers that the association is capable of exercising those powers effectively.

Amendment 43
ARTICLE 6, TITLE

Νew Member States

Νew Member States and remote and island regions

Amendment 131
ARTICLE 6, PARAGRAPH 1, SUBPARAGRAPH 1

1. Producer organisations in Member States which acceded to the Community in 2004 or thereafter may be allowed a transitional period of no more than five years in which to meet the conditions for recognition laid down in Article 4.

1. Producer organisations in Member States which acceded to the Community in 2004 or thereafter and in remote and island regions may be allowed a transitional period of no more than five years in which to meet the conditions for recognition laid down in Article 4.

Amendment 45
ARTICLE 6 A (new)

Article 6a

Financing of the recognition plans

1. The aid referred to under Article 6(2a) shall be granted on a flat-rate basis.

2. The amount of that aid shall be determined, for each producer organisation, on the basis of the value of its annual marketed production, and shall be equal to:

(a) in the first, second, third, fourth and fifth years, 10%, 10%, 8%, 6% and 4% respectively of the value of the marketed production up to a maximum of EUR 2 000 000, and:

(b) in the first, second, third, fourth and fifth years, 5%, 5%, 4%, 3% and 3% respectively of the value of the marketed production in excess of EUR 2 000 000.

3. The Commission shall determine, in its implementing rules, the maximum limits on aid per producer organisation, as well as the payment methods.

Amendment 46
ARTICLE 7, PARAGRAPH 1, POINT A

(a) financial contributions of members or the producer organisation itself;

(a) financial contributions of members or the producer organisation itself; in the latter case, the funds contributed by the producer organisation may have their origins decided by the Member States;

Amendment 48
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT B A (new)

(ba) promotion of consumer protection measures,

Amendment 49
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT E A (new)

(ea) promotion of designations of origin and geographical indications,

Amendment 50
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT E B (new)

(eb) better adjustment of supply to demand, with the introduction of restructuring programmes if necessary,

Amendment 51
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT F

(f) crisis management.

deleted

Amendment 52
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT F A (new)

(fa) the adoption of measures geared to processing products for use as biofuel.

Amendment 53
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT F B (new)

(fb) training,

Amendment 54
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT F C (new)

(fc) harvest insurance.

Amendment 55
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 2

Crisis management shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:

deleted

(a) market withdrawals,

(b) green harvesting or non-harvesting of fruit and vegetables,

(d) training measures,

(e) harvest insurance,

(f) support for the administrative costs of setting up mutual funds.

Amendment 126
ARTICLE 8, PARAGRAPH 2, SUBPARAGRAPH 1

2. Operational programmes shall include action to develop the use of environmentally sound techniques by the producer members with regard to both cultivation practices and the management of waste materials.

2. Operational programmes shall include action to develop the use of environmentally sound techniques, using Community legislation as a point of reference, by the producer members with regard to both cultivation practices and the management of waste materials.

Amendment 56
ARTICLE 8, PARAGRAPH 3

3. Investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.

deleted

Amendment 57
ARTICLE 8, PARAGRAPH 4

4. Operational programmes shall include action to promote the consumption of fruit and vegetables targeted at young consumers at local, regional or national level.

4. Operational programmes may include, on a voluntary basis, action to promote the consumption of fruit and vegetables targeted, in particular, at young consumers at local, regional or national level, including via specific actions aimed at promoting the daily consumption of those products in schools.

Amendment 58
ARTICLE 8, PARAGRAPH 4 A (new)

4a. Member States may establish, in the framework of the national strategies referred to in Article 11, a negative list of measures eligible under the operational funds for the producer organisations in a given region or area of production, taking account of the specific structural conditions coexisting there.

Amendment 59
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 1

1. The Community financial assistance shall be equal to the amount of the financial contributions of member producers as actually paid but limited to 50% of the actual expenditure incurred.

1. The Community financial assistance shall be equal to the amount of the financial contributions of member producers as actually paid but limited to 50% of the actual expenditure incurred for operational programmes in accordance with the procedures laid down in Article 12a(2) for the Security Fund.

Amendment 60
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2

The Community financial assistance shall be capped at 4.1% of the value of the marketed production of each producer organisation.

The Community financial assistance shall be capped at 6% of the value of the marketed production of each producer organisation.

Amendment 61
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2 A (new)

The Community financial aid may be supplemented by part of the national reserve referred to in Article 42 of Regulation (EC) No 1782/2003, up to a maximum of 0,5% of the reference amounts allocated to each Member State, including the Security Fund mentioned in Article 12a of this Regulation. Member States shall inform the Commission of their interest in this optional funding possibility, and shall take it into account when determining their national strategies as referred to in Article 11.

Amendment 62
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2 B (new)

However, the limitation of financial assistance shall not apply where the percentage of the expenditure incurred is increased to 60%, as provided for in paragraph 2 below.

Amendment 63
ARTICLE 9, PARAGRAPH 2, POINT A

(a) it is submitted by several Community producer organisations operating in different Member States on transnational schemes;

(a) it is submitted by several Community producer organisations operating on joint schemes or, in different Member States, on transnational schemes;

Amendment 64
ARTICLE 9, PARAGRAPH 2, POINT C

(c) it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 2092/91;

(c) it includes schemes relating to specific support for the production of organic products covered by Council Regulation (EEC) No 2092/91 and the action provided for in the first subparagraph of Article 8(2), or else action to support integrated fruit and vegetable production, in line with the rules in force in those Member States which have regulated this type of production in the absence of specific Community rules;

Amendment 65
ARTICLE 9, PARAGRAPH 2, POINT F

(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, or by producer organisations operating in regions in which less than 20% of fruit and vegetable production is marketed by producer organisations, or by producer organisations recognised before the entry into force of this Regulation, over 50% of whose marketed production value comes from aid for processed products under Regulation (EC) No 2201/96 and Regulation (EC) No 2202/96;

Amendment 66
ARTICLE 9, PARAGRAPH 2, POINT G A (new)

(ga) it is submitted by a recognised producer organisation for a product for which there is a weak associative movement;

Amendment 67
ARTICLE 9, PARAGRAPH 2, POINT G B (new)

(gb) it is submitted by a recognised producer organisation for a product of major economic or ecological importance, local or regional, which encounters permanent difficulties on the Community market, owing in particular to international competition;

Amendment 68
ARTICLE 9, PARAGRAPH 2, POINT G C (new)

(gc) it is submitted by an association of recognised producer organisations.

Amendment 69
ARTICLE 9, PARAGRAPH 2, SUBPARAGRAPH 1 A (new)

The limit referred to in the second subparagraph of paragraph 1 shall not apply to the share of Community financial aid above the limit referred to in the first subparagraph of that paragraph.

Amendment 70
ARTICLE 9, PARAGRAPH 3

3. The percentage provided for in the first subparagraph of paragraph 1 shall be 100% in the case of market withdrawals of fruit and vegetables which shall not exceed 5% of the quantity of the marketed production of each producer organisation and which are disposed of by way of:

deleted

(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.

Amendment 71
ARTICLE 11, PARAGRAPH 1

1. Member States shall establish a national framework for drawing up the general conditions relating to the measures referred to in the first subparagraph of Article 8(2). This framework shall provide in particular that at least 20% of the total expenditure under an operational programme shall relate to those measures.

1. Member States shall establish a national framework for drawing up the general conditions relating to the measures referred to in the first subparagraph of Article 8(2).

Member States shall submit their proposed framework to the Commission, which may request modifications within three months if it finds that the proposal does not enable the objectives set out in Article 174 of the Treaty and in the Community programme of policy and action in relation to the environment and sustainable development to be attained. Individual investments supported by operational programmes shall also respect those objectives.

Amendment 72
ARTICLE 11, PARAGRAPH 2, INTRODUCTORY PART

2. Member States shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy should provide for the following elements:

2. Member States shall, on the basis of the guidelines drawn up by the Commission and with a view to devising and assessing the programmes, establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy should provide for the following elements:

Amendment 73
ARTICLE 11, PARAGRAPH 2, POINT C

Amendment 74
ARTICLE 11, PARAGRAPH 2, POINT D A (new)

(da) actions undertaken to ensure that there is no duplication of funding as between the rural development or national framework programmes and the operational programmes;

Amendment 75
ARTICLE 11, PARAGRAPH 2, POINT D B (new)

(db) optionally, negative lists of measures eligible under the operational funds for given regions or areas of production, in the case of recourse to Article 8(4a).

Amendment 76
ARTICLE 11, PARAGRAPH 2, SUBPARAGRAPH 2

The strategy should also integrate the national framework referred to in paragraph 1.

deleted

Amendment 77
ARTICLE 11, PARAGRAPH 2, SUBPARAGRAPH 2 A (new)

2a. The Member States shall forward their draft national strategies to the Commission, which shall publish them in the manner that it deems appropriate.

Amendment 78
ARTICLE 12, PARAGRAPH 3 A (new)

3a. There shall be compatibility with the aids from the two Community agricultural funds, the EARDF and the EAGGF, and, where relevant, the ERDF. Member States shall make the necessary controls to verify that there is no duplication in the funding of actions.

Amendment 79
ARTICLE 12, PARAGRAPH 3 B (new)

3b. Operational programmes drawn up by 2007 and already approved in accordance with Regulation (EC) No 2200/96 shall remain valid until their expiry unless the producer organisation decides otherwise.

Amendment 80
CHAPTER II A (new), ARTICLES 12 A AND 12 B (new)

Chapter II a

Security Fund

Article 12a

Definition of "serious crisis"

The concept of "serious crisis" shall be defined by each Member State for each product, on the basis of the difference between the product's value on the market and the average value registered for an earlier representative period. Account shall be taken of any differential price level which could seriously prejudice the interests of producers as a whole.

Article 12b

Criteria for action for the Security Fund

1. Member States shall include in their respective national strategies the creation of a security fund with the aim of dealing with serious crises in the sector, in accordance with the following criteria:

(a) the existence of a serious crisis shall be declared by the Member States and/or regions and shall be defined for each product intended to be integrated within the Fund in the framework of the national strategies concerned. In this context the producer organisations could, jointly with the Member State and/or the regions, choose all or some of the following actions:

- market withdrawals,

- green harvesting or non-harvesting of fruit and vegetables,

- promotion and communication,

- training measures,

- market or income insurance,

- support for the administrative costs of setting up mutual funds, and for the contributions of the producer organisations" members to those funds,

- processing aid for dual-use products;

(b) the actions to be taken in case of serious crisis shall affect all producers in one or more economic areas recognised by the Commission in Chapter III of this Title, which shall contribute to financing the expenditure corresponding to their participation in the Fund, as well as administrative expenditure;

(c) the Community contribution to this Fund will amount to two-thirds; the remaining one-third shall be provided by the producer organisations of the areas affected by the crisis;

(d) where a serious crisis is declared, the non-associated producers in the areas affected shall contribute to the financing, thus complementing the part supplied by the associated producers, including administrative expenditure;

(e) if no serious crises are declared in the period concerned, the corresponding sums included in the Fund may be committed afresh for promotion campaigns of a general nature or remain in the Fund for future campaigns.

2. Member States shall notify the Commission of the creation of the Security Fund and the specific conditions required for each individual product. The Commission shall officially approve the creation and operation of the Fund.

3. Complementarily to the provisions of paragraph 1(c), the Community contribution to the Security Fund may draw on part of the national reserve provided for in Article 42 of Regulation (EC) No 1782/2003, up to an overall maximum of 0,5% of the reference amounts allocated to each Member State under Article 9 of this Regulation. Member States shall inform the Commission of their interest in this optional funding possibility, and shall take it into account when determining their national strategies as referred to in Article 11.

Amendment 81
ARTICLE 13, PARAGRAPH 1, SUBPARAGRAPH 1

1. In cases where a producer organisation which operates in a specific economic area is considered, in respect of a specific product, to be representative of production and producers in that area, the Member State concerned may, at the request of the producer organisation, make the following rules binding on producers established in the area who do not belong to the producer organisation:

1. In cases where a producer organisation or an association of producer organisations which operates in a specific economic area is considered, in respect of a specific product, to be representative of production and producers in that area, the Member State concerned may, at the request of the producer organisation, make the following rules binding on producers established in the area who do not belong to the producer organisation:

(a) the rules referred to in point (a) of the first subparagraph of Article 3(2);

(b) the rules adopted by the producer organisation relating to market withdrawals.

(b) the rules adopted by the producer organisation relating to crisis prevention and management.

Amendment 82
ARTICLE 13, PARAGRAPH 1, SUBPARAGRAPH 2

The first subparagraph shall apply on condition that those rules:

(a) have been in force for at least one marketing year,

(b) are included in the exhaustive list in Annex I,

(a) are included in the exhaustive list in Annex I,

(b) are made binding for no more than three marketing years.

Amendment 83
ARTICLE 13, PARAGRAPH 3

3. A producer organisation shall be deemed representative within the meaning of paragraph 1 where its members account for at least 50% of the producers in the economic area in which it operates and it covers at least 60% of the production of that area.

3. A producer organisation or an association of producer organisations shall be deemed representative within the meaning of paragraph 1 where its members account for at least 50% of the producers, or producers belonging to producer organisations, in the case of associations of producer organisations, in the economic area in which it operates and it covers at least 60% of the production of that area.

Amendment 84
ARTICLE 13, PARAGRAPH 5

5. Rules may not be made binding on producers of organic products covered by Regulation (EC) No 2092/91 unless such a measure has been agreed to by at least 50% of such producers in the economic area in which the producer organisation operates and that organisation covers at least 60% of such production of that area.

5. Rules may not be made binding on producers of organic products covered by Regulation (EEC) No 2092/91 unless such a measure has been agreed to by at least 50% of such producers in the economic area in which the producer organisation or association of producer organisations operates and that organisation covers at least 60% of such production of that area.

Amendment 86
ARTICLE 16, POINT A

(a) are made up of representatives of economic activities linked to the production of or trade in or processing of the products listed in Article 1(2) of Regulation (EC) No 2200/96;

(a) are made up of representatives of economic activities linked to the production of and/or trade in and/or processing of the products listed in Article 1(1) of this Regulation;

Amendment 88
ARTICLE 19, PARAGRAPH 3, POINT A (VII)

(vii) measures to protect organic farming as well as designations of origin, quality labels and geographical indications;

(vii) measures to protect organic and integrated farming as well as designations of origin, quality labels and geographical indications;

Amendment 89
ARTICLE 19, PARAGRAPH 3, POINT B

(b) must have been in force for at least one marketing year;

(b) must have been in force for at least one marketing year except in cases of crisis prevention and management;

Amendment 90
ARTICLE 30, PARAGRAPH 2

2. Where the declared entry price of the consignment in question is higher than the flat-rate import value, increased by a margin set in accordance with the procedure referred to in Article 46(2) of Regulation (EC) No 2200/96 which may not exceed the flat-rate value by more than 10%, the lodging of a security equal to the import duty determined on the basis of the flat-rate import value shall be required.

2. Where the flat-rate import value is lower than the entry price under the common customs tariff, imports shall be subject to the additional import duty laid down in the common customs tariff for products included in the entry price regime.

Amendment 91
ARTICLE 30, PARAGRAPH 3

3. If the entry price of the consignment in question is not declared at the time of customs clearance, the common customs tariff duty rate to be applied shall depend on the flat-rate import value or be arrived at by application of the relevant customs legislation provisions under conditions to be determined in accordance with the procedure referred to in Article 46(2) of Regulation (EC) No 2200/96.

deleted

Amendment 92
ARTICLE 31, PARAGRAPH 2

2. Additional import duties shall not be imposed where the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective.

deleted

Amendment 93
ARTICLE 35

Suspension of Inward Processing Arrangements

Abolition of Inward Processing Arrangements

To the extent necessary for the proper functioning of the common organisation of the markets, the use of inward processing arrangements for the products falling within the scope of this Regulation may be fully or partially prohibited in accordance with the procedure referred to in Article 46(2) of Regulation (EC) No 2200/96.

To the extent necessary for the proper functioning of the common organisation of the markets, the use of inward processing arrangements for the products falling within the scope of this Regulation shall, at the request of the Member State concerned, be prohibited.

Amendment 95
ARTICLE 37

Suspension of Outward Processing Arrangements

Abolition of Outward Processing Arrangements

To the extent necessary for the proper functioning of the common organisation of the markets, the use of outward processing arrangements for the products falling within the scope of this Regulation may be fully or partially prohibited in accordance with the procedure referred to in Article 46(2) of Regulation (EC) No 2200/96.

Amendment 97
ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT I

(i) the provision for marketing standards referred to in Article 2;

(i) the provision for marketing standards referred to in Article 2 and the list of products covered by those standards;

Amendment 98
ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT III

(iii) rules on derogations from the standards;

(iii) rules on derogations and exemptions from the standards;

Amendment 99
ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT IV

(iv) rules on presentation of particulars required by the standards,

(iv) rules on presentation, marketing and labelling required by the standards;

Amendment 100
ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINT II

(ii) the degree of, and detailed rules for, financing of the measures referred to in Article 6 and Article 10(1);

(ii) the degree of, and detailed rules for, financing of the measures referred to in Articles 6 and 6a and Article 10(1). The amount of the aid referred to in Article 6(2)(a) shall be not less than 10%, 10%, 8%, 6% and 4% of the setting-up and running costs of the producer group in the first, second, third, fourth and fifth years respectively;

Amendment 101
ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINTS II A, II B AND II C (new)

(iia) the general Community framework for the encouragement of integrated production;

(iib) the general framework for the creation and operation of the Security Fund referred to in Article 12a;

(iic) the general funding framework chargeable to the national reserve referred to in Article 42 of Regulation (EC) No 1782/2003;

Amendment 102
ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINTS II D, II E AND II F (new)

(iid) rules for the calculation of the value of the production marketed for the purpose of constituting the operational fund referred to in Article 7, also with reference to the repeal of the aid schemes envisaged in Regulations (EC) No 2201/96 and No 2202/96;

(iie) rules designed to ensure transition as regards the recognition of producer organisations and their associations;

(iif) rules designed to ensure transition in the case of multiannual contracts drawn up in the context of the system of aid for citrus fruit production laid down in Regulation (EC) No 2202/96;

Amendment 103
ARTICLE 38, SUBPARAGRAPH 2, POINTS I A, I B AND I C (new)

(ia) operational rules of a price monitoring unit at Community level, which would provide timely and objective information on market trends and would make it possible for the Commission and the producer organisations to deal with any price crises at the appropriate moment;

(ib) presentation of a report, no later than 1 January 2009, on the possible creation of a European authority to monitor the transparency of commercial transactions in the Community fruit and vegetables sector and ensure full compliance with competition law by operators occupying a dominant position;

(ic) measures to reinforce information and promotion campaigns in favour of fruit and vegetable products in third countries in the framework of Regulation (EC) No 2702/1999;

Amendment 104
ARTICLE 39

Article 39

deleted

State aids

Articles 87, 88 and 89 of the Treaty shall apply to the production of and trade in potatoes, fresh or chilled of CN code 0701.

Amendment 105
ARTICLE 40, POINT 1
Article 1, paragraph 2 (Regulation (EC) No 2200/96)

(1) In Article 1(2), the following products are added to the table:

CN 0701 Fresh or chilled potatoes

CN 089 10 20 Saffron

CN 0810 00 and 081110 Strawberries

CN 0810 20 10 and 0811 20 31 Raspberries

CN 0810 90 50 Currants

CN 0811 20 39 Gooseberries

CN 0809 20 Sour cherries

CN 0812 10 00 Sweet cherries

CN 0813 20 00 Prunes

NC Pimientos for paprika

Amendment 106
ARTICLE 42, POINT -1 (new)
Article 5, paragraph 2 (Regulation (EC) No 2826/2000)

(-1) Article 5(2) is replaced by the following:

"2. When laying down the guidelines referred to in paragraph 1, the Commission may consult the Standing Group on Promotion of Agricultural Products of the Advisory Committee on Agricultural Product Health and Safety, and shall also establish close cooperation internally between its relevant services, with the active involvement of those responsible for public health, with a view to drawing up the above strategy."

Amendment 107
ARTICLE 42, POINT 1
Article 5, paragraph 3 (Regulation (EC) No 2826/2000)

"As regards the promotion of fresh fruits and vegetables, the main target group shall be children under 18 years."

"As regards the promotion of fresh fruits and vegetables, the target groups shall be segmented, and the main groups addressed shall be the low-income social strata, who currently consume the least, and, in particular, children under 18 years, with the aim of promoting new food habits."

Amendment 108
ARTICLE 43, POINT 3 A (new)
Article 42, paragraph 5 a (new) (Regulation (EC) No 1782/2003)

3a. The following paragraph is inserted in Article 42:

"5a. Member States may use part of the national reserve to finance the operational programmes and, if necessary, the Security Fund referred to respectively in Articles 9 and 12a of Council Regulation (EC) No XXX/2007 of XX laying down specific rules as regards the fruit and vegetable sector and amending certain regulations. This part of the reserve, which shall in no case exceed the global maximum of 0,5% of the percentage referred to in paragraph 1, shall be distributed on the basis of objective criteria and in such a way as to ensure equal treatment among farmers and to prevent any distortion of the market or of competition. The Commission shall lay down the specific conditions of use."

Amendment 109
ARTICLE 43, POINT 5, D A (new)
Article 44, paragraph 2, subparagraph 2 (Regulation (EC) No 1782/2003)

(da) areas given over to the production of mushrooms.

Amendment 110
ARTICLE 43, POINT 5, D B (new)
Article 44, paragraph 2, subparagraph 2 (Regulation (EC) No 1782/2003)

(db) areas planted with nursery crops.

Amendment 111
ARTICLE 43, POINT 6
Article 51 (Regulation (EC) No 1782/2003)

"Farmers may use the parcels declared in accordance with Article 44(3) for any agricultural activity except for permanent crops. However farmers may use the parcels for the following permanent crops:

"Farmers may use the parcels declared in accordance with Article 44(3) for any agricultural activity except for permanent crops and for the products referred to in Article 1(2) of Regulation (EC) No 2200/96, as amended by Regulation (EC) No XXX/2007 laying down specific provisions for the fruit and vegetable sector and amending certain regulations, or for potatoes other than those used for producing starch. However farmers may use the parcels for the following permanent crops:

(a) hops,

(b) olive trees,

(d) permanent fruit and vegetable crops."

In accordance with Article 60(8), the Commission shall submit to the European Parliament and the Council a report on the possible structural and market consequences of the single payment regime, implemented at regional level and already permitting the use of land for fruit and vegetables on an optional basis. This report shall specifically evaluate the potential impact of permitting the generalised conversion of plots used for fruit and vegetables into eligible areas under the single payment regime, especially in regions and areas that specialise in such production."

Amendment 112
ARTICLE 43, POINT 6 A (new)
Article 59, paragraph 4 a (new) (Regulation (EC) No 1782/2003)

(6a) In Article 59 the following paragraph is added:

"4a. Regarding the fruit and vegetable sector in the transitional period up to 2010-2011, Member States shall have the possibility, in consultation with the professional organisations, of establishing, in addition to implementation of cross-compliance, a compulsory production volume for processing in respect of one or more fruit and vegetable products included in full decoupling arrangements."

Amendment 113
ARTICLE 43, POINT 8 A (new)
Article 71, paragraph 1 (Regulation (EC) No 1782/2003)

(8a) In Article 71, paragraph 1 is replaced by the following:

"1. Where specific agricultural conditions so warrant, a Member State may decide, by 1 August 2004 at the latest, to apply the single payment scheme after a transitional period which shall expire either on 31 December 2005 or on 31 December 2006. In the case of Regulation (EC) No XXX/2007, this transitional period shall end on 31 December 2013 and a Member State may decide, by 1 August 2008 at the latest, to apply the new payments."

Amendment 114
ARTICLE 43, POINT 10 A (new)
Title IV, Chapter [X1] (new) (Regulation (EC) No 1782/2003)

(10a) In Title IV, the following chapter is added:

"CHAPTER [X1]

AID FOR PROCESSED TOMATOES

Article [x1]

Scope

1. In respect of the 2008, 2009, 2010, 2011, 2012 and 2013 marketing years, up to 50% of the "national ceilings" component under Article 41, corresponding to payments in respect of tomatoes for processing, may be retained in order to grant area aid to recognised producers" organisations whose members grow ex NC 0702 industrial tomatoes for processing.

2. In such circumstances the Member State shall decide by 1 September 2007 at the latest whether to apply the provisions of this chapter and shall determine the amount to be retained.

Article [x2]

Amounts

The Member State shall establish a unit amount per hectare of area.

Article [x3]

Conditions of admissibility

1. Aid shall be granted to recognised producers" organisations under Article x1, which shall transfer it to farmers belonging to each organisation, on the basis of the hectares of admissible area growing tomatoes for processing.

2. In order to benefit from the aid, the area must be cultivated entirely in accordance with normal agricultural practice in the region, and crops must be kept in place until the fruit's ripening stage.

However, if tomatoes have not reached the ripening stage owing to exceptional weather conditions recognised as such by the Member States, the areas given over to tomatoes shall remain admissible for aid provided the areas concerned are not used for other purposes until the ripening stage."

Amendment 132
ARTICLE 43, POINT 10 B (new)
Title IV, Chapter 4 a (new) (Regulation (EC) No 1782/2003)

(10b) In Title IV (OTHER AID SCHEMES), the following Chapter 4a is inserted:

"CHAPTER 4a
AREA PAYMENTS FOR SOFT FRUIT AND SOUR CHERRIES FOR PROCESSING

Article 87a
Community aid
1. A Community aid shall be granted to farmers producing soft fruit and sour cherries under the conditions laid down in this Chapter.
Soft fruit shall include:
- strawberries falling within CN codes 0810 00 and 0811 10,
- raspberries falling within CN codes 0810 20 10 and 0811 20 31,
- blackcurrants and gooseberries falling within CN codes CN 0810 90 50 and 0811 20 39,
- sour cherries falling within CN code 0809 20.
2. Member States may differentiate the aid in function of the products or by increasing or decreasing the NGAs established in accordance with Article 87b(3). However, in each Member State, the total amount of aid granted in a given year shall not be higher than the ceiling referred to in Article 87b(1).

Article 87b
Areas
1.  A Member State shall grant the Community aid within the limit of a ceiling calculated by multiplying the number of hectares of its NGA as fixed in paragraph 3 by the average amount of EUR 230 per hectare.
2.  A maximum guaranteed area of 130 000 ha is hereby established.
3.  The Commission shall divide the maximum guaranteed area into NGAs in accordance with the traditional production declared in the past.
4.  Payments shall be granted on the basis of objective and non-discriminatory criteria laid down by the Member States.
5.  Member States may subdivide their NGAs into sub-areas in accordance with objective criteria, in particular at regional level or in relation to the production.

Article 87c
Overrun of the sub-base areas
When a Member State subdivides its NGA in sub-base areas and one or more sub-base areas are exceeded, the area per farmer for which Community aid is claimed shall be reduced proportionately in that year for the farmers in the sub-base areas where their limits have been exceeded. This reduction shall be made when, in the Member State concerned, the areas in sub-base areas, which have not reached their limits, have been redistributed to sub-base areas in which those limits have been exceeded.

Article 87d
Conditions for eligibility
1.  Payment of the Community aid shall be conditional on, in particular, minimum plot size.
2.  Member States may make the granting of Community aid conditional on farmers being members of a producer organisation or a producer group granted preliminary recognition under Articles 4 or 6 of Regulation (EC) No XXX/07.
3.  If the provision of paragraph 2 is applied, Member States may decide that the payment of the aid referred to in paragraph 1 is made to a producer organisation or a producer group granted preliminary recognition on behalf of its members. The amount of aid received by the producer organisation or the producer group granted preliminary recognition shall be paid to its members. However, Member States may authorise a producer organisation or a producer group granted preliminary recognition, as compensation for the services provided to its members, to operate a deduction on the amount of Community aid up to a maximum of 2 %.

Article 87e
National aid
1. Member States may grant national aid, in addition to the Community aid, up to a maximum of EUR 200 per hectare per year.
2. The national aid may be paid only for areas receiving Community aid.

Article 87f
Articles 143a and 143c shall not apply to the aid for soft fruit and sour cherry crops in the Community as at 1 January 2007."

Amendment 118
ARTICLE 43, POINT 10 C (new)
Title IV, Chapter 10 h (new) (Regulation (EC) No 1782/2003)

(10c) In Title IV, the following Chapter is added:

"Chapter 10h

Area payment for garlic

Article 110p

1. An area payment shall be granted to traditional producers of garlic, subject to the provisions laid down in this chapter.

2. Member States shall inform the Commission of the number of cultivated hectares in the traditional areas, with a view to establishing a maximum guaranteed area, to be divided up between the Member States.

3. The Commission shall determine that area, as well as the implementing rules, on the basis of the procedure described in Article 46(2) of Regulation (EC) No 2200/96."

Amendment 117
ARTICLE 43, POINT 10 D (new)
Article 143a, subparagraph 1 a (new) (Regulation (EC) No 1782/2003)

(10d) In Article 143a, the following subparagraph is added:

"The area payments for tomatoes intended for processing provided for in Chapter 10g and the area payments for cherries and soft fruit provided for in Chapter 10h shall be paid in their entirety as from the entry into force of Regulation (EC) No XXX/2007 under the conditions laid down in those Chapters."

Amendment 115
ARTICLE 43, POINT 10 E (new)
Article 143 bb (new) (Regulation (EC) No 1782/2003)

(10e) The following article is inserted:
"Article 143bb

Separate area payment for tomatoes intended for processing

1. By way of derogation from Article 143b, the new Member States applying the single area payment scheme may decide to grant farmers eligible under that scheme a separate payment for tomatoes intended for processing. It shall be granted on the basis of objective and non-discriminatory criteria such as:

- quantity of tomatoes intended for processing covered by delivery contracts,

- number of hectares planted with tomatoes intended for processing and in respect of a period representative of one or more marketing years as from 2004/2005, to be determined by the Member State.

2. The separate payment for tomatoes intended for processing shall be allocated from the financial envelope earmarked for such aid.

3. By way of derogation from paragraph 2, each new Member State concerned may decide by 31 October 2007 at the latest on the basis of objective criteria to apply a lower ceiling than that listed in point Ma of Annex VII in respect of the separate payment for tomatoes intended for processing.

4. The funds made available for granting the separate payment for tomatoes intended for processing in accordance with paragraphs 1, 2 and 3 shall not be included in the annual financial envelope referred to in Article 143b(3). If paragraph 3 is applied, the differential between the ceiling listed in point Ma of Annex VII and that actually applied shall be included in the annual financial envelope referred to in Article 143b(3).

5. Articles 143a and 143c shall not apply to the separate payment for tomatoes intended for processing."

Amendment 119
ARTICLE 45

The aid schemes set out in Regulations (EC) No 2201/96 and (EC) No 2202/96 and abolished by this Regulation shall remain applicable in respect of each of the products concerned for the marketing year for that product which ends during 2008.

The aid scheme set out in Regulation (EC) No 2201/96 and abolished by this Regulation shall remain applicable in respect of each of the products concerned for the marketing year for that product which ends during 2008. The aid scheme set out in Regulation (EC) No 2202/96 shall remain in force for the marketing years 2008/2009 and 2009/2010.

Amendment 120
ANNEX I, PARAGRAPH 4 A (nouveau)

4a. Rules on crisis prevention and management.

Amendment 121
ANNEX II, POINT 3 A (nouveau)
Annex VI (Regulation (EC) No 1782/2003)

3a. In Annex VI, the following heading is added:

"(Sector): Fruit and vegetables for processing

(Legal basis) Relevant articles of Regulations (EC) Nos 2201/96 and 2202/96
(Remarks) Aid per hectare"

Amendment 122
ANNEX II, POINT 4 A (NEW)
Annex VII, point M a (new) (Regulation (EC) No 1782/2003)

4a. In Annex VII, the following point is added:
"Ma. Separate area payment for tomatoes intended for processing
1. Member States which joined the Community in 2004 or later shall determine the amount to be included in the reference amount of each farmer on the basis of objective and non-discriminatory criteria such as:
– the amount of market support received, directly or indirectly, by the farmer in respect of tomatoes intended for processing,
– the area used to produce tomatoes intended for processing,
– the amount of tomatoes intended for processing produced,
in respect of a representative period of one or more marketing years starting from the marketing year ending in 2004 up to the marketing year ending in 2007.
Member States shall calculate the applicable hectares referred to in Article 43(2) of this regulation on the basis of objective and non-discriminatory criteria such as the areas referred to in the second indent of the first paragraph.
2. If the amounts established in accordance with the first paragraph exceed the ceilings set out below, expressed in thousand euro, for a given Member State, the amount for each farmer shall be reduced proportionately.
	(thousand euro)
Bulgaria	5 394
Czech Republic	414
Cyprus	274
Malta	932
Hungary	4 512
Romania	1 738
Poland	6 715
Slovakia	1 018"."

Amendment 123
ANNEX II, POINT 5
Annex VIII, row corresponding to "Spain" (Regulation (EC)) No 1782/2003)

2008 4 830 954

2008 4 868 312

2009 4 838 536

2009 4 875 894

2010 and subsequent years 4 840 413

2010 and subsequent years 4 877 771

(1)	Not yet published in Official Journal.

Legal notice - Privacy policy